Attachment 2002Astrolink-Comm l

2002Astrolink-Comm l

REQUEST submitted by IB,FCC

LTR

2002-03-27

This document pretains to SAT-LOA-19950929-00144 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA1995092900144_870811

                                Federal Communications Commission
                                      Washington, D.C. 20554



                                               March 27, 2002


VIA FACSIMILE AND U.S. MAIL


Peter A. Rohrbach, Esq.
Hogan & Hartson, L.L.P.
Columbia Square
555 Thirteenth Street, NW
Washington, D.C. 20004—1109

                                                   Re: Astrolink International LLC, Files Nos. 182 through
                                                   186 SAT—P/LA—95 & SAT—MOD—19971222—00200.


Dear Mr. Rohrbach:

        On January 28, 2002, the Satellite Division requested certain information concerning the
milestone obligations set forth in the Ka—band license granted to Astrolink International, LLC
("Astrolink"). Specifically, we requested a copy of an executed contract verifying that construction has
commenced on the first satellite and that the satellite will be built within the time frame specified in the
license.

           On February 8, 2002, Astrolink submitted a copy of an executed contract with Lockheed Martin
Corporation for the purchase of four satellites, a satellite control facility, and related services and data.
According to the cover letter, this contract was terminated on October 13, 2001. In the cover letter to the
submission, you suggest that Astrolink retains title to the satellite work in progress despite the termination
of the contract and state that Astrolink is positioned to complete and launch the satellite in keeping with
its authorization milestones.

        The Commission has consistently required licensees to show that they have met the construction
commencement milestone by executing a non—contingent contract verifying that construction has _
commenced and the satellite will be built within the time frame specified in the license. This requirement
is intended to ensure that licensed entities are proceeding with construction of their satellites and will
launch their satellites in the time frame specified in the license and so are not warehousing orbital location
and frequency assignments. We do not have enough information on which to make a finding that
Astrolink is in compliance with the construction commencement milestone. Astrolink has not submitted
an effective non—contingent contract that demonstrates it will be able to complete construction of and
launch the satellite by the required milestone.‘

         Please provide us with additional information to meet this concern. This information must be
filed with the Commission‘s Secretary by April 3, 2002 with a hand delivered or electronic courtesy copy
to Alyssa Roberts (aroberts@fcee.gov) of my staff. Failure to provide this information shall render




 See NetSat 28 Company, LLC, Memorandum Opinion and Order, 15 FCC Red 11321 (Int‘l Bur. 2000) and 16
FCC Red 11025 (Int‘l Bur. 2001).



Document Created: 2019-04-14 20:47:17
Document Modified: 2019-04-14 20:47:17

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