Attachment certification

certification

SUBMISSION FOR THE RECORD submitted by ORBIMAGE

certification

2005-06-23

This document pretains to SAT-LOA-19980203-00012 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA1998020300012_440330

William S. Carnell 555 Eleventh Street, N.W.,Suite 1000 Direct Dial: 202-637-2244 Washington, D.C. 20004-1304 William Carnell@lw.com Tel: (202) 637-2200 Fax: (202) 637-2201 www.Iw.com FIRM /AFFILIATE OFFICES L A T H A M W A T K I N SLLP New York RECEIVED Brussels Boston Chicago Northern Virginia Orange County Frankfurt Paris Hamburg San Diego June 23,2005 -1 Hong Kong San Francisco Federal London Shanghai Los Angeles Silicon Valley Milan Singapore Ms. Marlene H. Dortch, Secretary JU% 2 Moscow Tokyo Federal Communications Commission (uti. New Jersey Washington. D C 445 12th Street, NW File No 029043-0043 Washington, DC 20554 Re: ORBIMAGE. Inc.: SAT-LOA-1998020300012 Dear Ms. Dortch: This letter is written on behalf of ORBIMAGE, Inc., licensee of non- geostationary space station system call sign S2348 (File No. SAT-LOA-1998020300012). ORBIMAGE is a leading provider of state-of-the-art Earth imaging services. With its licensed satellites, ORBIMAGE currently provides Earth Exploration Satellite Services to a host of customers, including agencies of the United States government, as well as various institutional and commercial users. In the course of a review of the Commission’s files concerning ORBIMAGE, ORBIMAGE discovered that the Commission’s files do not appear to contain certain certifications ORBIMAGE believes to have been filed and that one of the certifications may have been filed later than specified by ORBIMAGE’S license. However, ORBIMAGE did timely meet each of the substantive milestones relating to its OrbView-3 space station, and it is only the procedural filing requirement that is at issue here. By this letter ORBIMAGE hereby asks the Commission to acknowledge as filed the certifications that the normal business records of ORBIMAGE indicate were filed with the Commission, and to grant a limited waiver (to the extent such waiver may be necessary) to permit the late filing of one of those certifications. Background On February 17, 1999, the FCC granted Orbital Imaging Corporation (predecessor in interest to ORBIMAGE) a license to construct and operate a non-geostationary low-Earth orbit satellite system, consisting of two space stations (the “System License”). The System License, as amended by erratum dated February 24, 1999, required among other things that ORBIMAGE meet certain milestones, and certify completion within ten days after expiration of each milestone. In particular, the System License required that ORBIMAGE launch the first space station not later than February, 2002. It also required ORBIMAGE to commence construction of its second space station not later than August, 2001, to complete construction of that space station not later than February, 2003, and to launch it not later than August 2003.

Ms. Marlene H. Dortch, Sectretary June 23,2005 Page 2 L AT H A M W A T K I N SLLP ORBIMAGE launched its first space station (Orbview-4) in September, 2001, well before the launch deadline of February, 2002.’ However, that satellite failed after launch: it did not reach its intended orbit and never became operational.2 ORBIMAGE commenced construction of its second space station (Orbview-3) before the August, 200 1 deadline. It completed construction of that space station before the February, 2003 deadline. ORBIMAGE launched that space station before the August, 2003 deadline. OrbView-3 was successfully placed into operation, and it remains in operation today, providing valuable Earth images to its customers. Although each of these milestones was in fact met in a timely fashion, ORBIMAGE has encountered issues with respect to the relevant certifications for each of these milestones. ORBIMAGE has located certain documents in its files that appear on their faces to be the relevant certifications, documented by properly executed affidavits. Specifically, it has located (i) a letter dated January 16,2002, which certifies the completion of the first (“Commence Construction”) milestone, (ii) a letter dated March 3, 2003, which certifies the completion of the second (“Complete Construction”) milestone, and (iii) a letter dated July 3, 2003, which certifies the completion of the final (“Launch”) milestone. Copies of these letters are attached hereto as Exhibits 1,2, and 3, respectively. Two of these certifications (the “complete construction” and “launch” certifications appear to have timely and properly certified the completion of the relevant milestones in accordance with the conditions of the System License and the Commission’s rules. The first of the three certifications (the “commence construction” certification), however, appears to have been filed approximately five months after the milestone deadline, although it certifies timely completion of the relevant milestone. Even working with the Commission staff, however, ORBIMAGE has been unable to locate copies of these certifications in the Commission’s files. ORBIMAGE has located waybills issued by the nationally recognized carrier, Airborne Express (now owned by DHL International, Ltd.) that confirm that a package was sent from ORBIMAGE to the Commission Secretary’s office on the dates stated on the second and third of the certifications, properly addressed, and signed for by an individual at that location. Copies of those waybills are attached hereto as Exhibits 4 and 5. It has no such record for the first certification, which states on its face that it was sent via U.S. Mail (so that no waybill would be available). However, the Commission has been unable to locate these documents in its own files. 1 Cf:I C 0 Satellite Sew’s G.P., 2005 WL 1240284 T[ 10 (Int’l Bur., rel. May 24,2005) (concluding that “launch” milestone is met upon intentional ignition of the launch vehicle, regardless of whether the spacecraft was successfully placed into orbit). 2 Therefore, in accordance with the Commission’s policies, the System License currently authorizes operation of the single space station that was successfully placed into operation, and is now in fact operating. See ModiJication of DigitalGlobe s Authorization to Operate a Non-Geosynchronous Orbit Satellite System, Letter Ruling, 19 FCC Rcd 20415 (Sat. Div., Int’l Bur.2004). DC\770752.2

Ms. Marlene H. Dortch, Sectretary June 23,2005 Page 3 L A T H A M& W A T K I N S LLP Request to Place Documents into the Record As the attached declaration of William Warren, Corporate Secretary and General Counsel for ORBIMAGE, states, these records were made at the time of the event in question and kept in the regular course of business. They were located within the business records of ORBIMAGE by Mr. Warren himself. It is the regular practice of ORBIMAGE to keep copies of important correspondence such as these certifications, while mailing or otherwise delivering the originals to their intended recipients, as indicated on the correspondence itself. It appears that these certifications were in fact filed with the Commission on (or shortly after) the dates indicated on their faces. Two of the three have corresponding waybills that show a package to have been delivered from ORBIMAGE to the Commission on the indicated dates. The third apparently was placed in the U.S. mail, which presumptively means that it was delivered to the re~ipient.~ The mere fact that they cannot be found in the Commission’s records does not mean that they were never filed - and quite to the contrary, it appears that they were. It would correct an apparent anomaly if the Commission were now to accept these certifications into its records as properly filed. ORBIMAGE respectfully requests that the Commission acknowledge that the three certifications attached as Exhibits 1,2, and 3 were filed with the Commission and place those certifications into the Commission’s files, associating them with the above-captioned call sign. Request for Limited Waiver of Timely Filing Requirement ORBIMAGE also respectfully requests a limited waiver of the requirement that certifications be timely filed insofar as may be necessary under these circumstances. ORBIMAGE did in fact meet each of its milestones. It did in fact certify that it met those milestones. It appears that two of those certifications were in fact timely filed. However, it appears that one of those certifications was not timely filed, even though the milestone was in fact timely completed. Accordingly, ORBIMAGE seeks a waiver of the timely filing requirement for the first certification under these narrow circumstances. The Commission may, of course, waive any of its rules for good cause shown.4 Indeed, Courts have emphasized that fact-specific waivers are necessary to the proper exercise of regulatory authority. “The agency’s discretion to proceed in difficult areas through general rules is intimately linked to the existence of a safety valve procedure for consideration of an application for exemption based on special circ~msfances.~’~ While the Commission may See, e.g., Elmore v. Unitedstates, 465 F.2d 1232, 1234 (4‘h Cir. 1972); 9 Wigmore on Evidence 3d ed. 0 25 19 (1940) (“mailbox rule” that properly mailed letter is presumed received by the addressee). See 47 CFR 5 1.925. WAlTRadio v. FCC, 418 F.2d 1153, 1156 (D.C. Cir. 1969).

Ms. Marlene H. Dortch, Sectretary June 23,2005 Page 4 L AT H A M& WAT K I N SLLP establish rules of general application, it still retains “an obligation to seek out the ‘public interest’ in particular, individualized cases.”6 There is no question that the public interest would be served by grant of the requested waiver. ORBIMAGE currently provides services to agencies of United States government that are vital to national security of this country, including the Department of Defense and NASA, among others. It also provides essential research data to scientists and policymakers, as well as important commercial and business tools for architects, commercial fishermen, mineral prospectors, and others. Nor would this waiver frustrate the underlying purpose of the rule. The purpose of the milestone requirements is to prevent the “warehousing” of scarce frequencies and orbital slots by “a licensee [that] has not shown an adequate commitment to move forward with its business plan.”7 This policy against “warehousing” is intended to ensure that “other potential licensees willing and able to move forward” are not blocked from doing so by a “paper system” that remains unbuilt.’ Plainly, this purpose would not be frustrated by waiver under these circumstances. OrbView-3 is up and operating and providing service to the public. ORBIMAGE is not “warehousing” frequencies or orbital positions by any stretch of the imagination. Moreover, no other party would be prevented by ORBIMAGE’s system from launching its own Earth exploration satellite, for (as described in ORBIMAGE’s application to modify the System License and elsewhere) the nature of EESS spacecraft operations is such that they are not mutually exclu~ive.~ Perhaps most importantly, though, ORBIMAGE plainly has “shown an adequate commitment to move forward with its business plan,” as it did construct, it did launch, and it is now operating the spacecraft for which the waiver is sought. Moreover, waiver under these circumstances would be consistent with the Commission’s precedent. In the Echostar 9 case, for example, the Commission found that a satellite provider should receive an extension of its “launch” milestone requirement, because the licensee had in fact completed construction of the space station, and was prepared to launch. Because it therefore appeared that the licensee would not in fact warehouse spectrum, the Commission granted an extension of that milestone.” Likewise the Commission extended the Id. at 1157. 7 Amendment of the Commission S Space Station Licensing Rules and Policies, First Report and Order, IB Dkt. NO. 02-34, 18 FCC Rcd 10760 7 199 (2003). Id. 9 See, e.g., Earthwatch, Inc. Modijkation of Authorization to Construct, Launch, and Operate a Remote Sensing Satellite System, Order and Authorization, 15 FCC Rcd 13594 7 12 (Int’l Bur. 2000) (extending milestones in part because “additional entry in the commercial remote satellite market is possible”). 10 Echostar Satellite Corp. Applicationfor Modification of Authorization to Construct, Launch and Operate, Order and Authorization, 18 FCC Rcd 15875 (Sat. Div., Int’l Bur. 2003).

Ms. Marlene H. Dortch, Sectretary June 23,2005 Page 5 milestones for Earthwatch (predecessor-in-interest of DigitalGlobe) because there was “no basis for questioning whether [the licensee] intends to proceed,” and because its authorization did not preclude additional entry by other operators. ’’ This situation is far more compelling than that in Echostar 9 or Earth Watch. In those cases, the Commission’s conclusion that extensions would not lead to “warehousing” was based only on the stated intent of those parties, and the appearance that they seemed likely to launch. Here, by contrast, ORBIMAGE shows far more even than a nearly-ready spacecraft with an imminent launch date: OrbView-3 has been for some time, and is at this very moment, orbiting the Earth, taking images and downlinking them for the benefit of the public, in accordance with its authorization Moreover, unlike those cases, this case does not require a waiver (or extension) of the milestones themselves, or a waiver of the certification requirement; all that is necessary is a limited waiver of the technical rule that the certification be filed within the prescribed period of time. The Commission has often waived its rules similarly for late-filed certifications. In one recent case, for example, it concluded that canceling the licenses for legitimately operating facilities that were constructed in accordance with the terms of their authorizations would frustrate the purpose of the certification requirement, and it declined to do so.12 There is no question that the public interest would be served by waiver under these circumstances. The facilities were constructed and are now in operation. All of the milestones for OrbView-3 were in fact met. All of the certifications were in fact filed. This request is limited to a waiver, insofar as may be necessary, of the technical requirement that the first certification be filed within the stated period of time. The Commission should grant this waiver without delay. Please feel free to contact me should you have any questions about this request. Very truly yours, lac- William s. Carnell of LATHAM & WATKINS LLP cc: Andrea Kelly, Chief, Policy Branch, Satellite Division, International Bureau II Earthwatch, 15 FCC Rcd 13 594 at 77 1 1 - 12. ‘2 See Northwest Communications Cooperative, Certijkation of Completion of Construction of Multipoint Distribution Service, Memorandum Opinion and Order (rel. Dec. 10,2004); see also American Mobile Telecommunications Association Industrial TelecommunicationsAssociation, Petitions for Amnesty Period for Part 90 Private Land Mobile Licensees to File Untimely Construction Notijkations, Order, 19 FCC Rcd 9666 (2004). DC\770752.2

Exhibit 1 “Commence Construction” Certification Dated January 16,2002

January 16,2002 BY REGULAR MAIL BIMAGE IMAGING INFORMATION Ms. Magalie Roman Salas An + Company Secretary, Federal Communications Commission Office of the Secretary 445 12'h Street, N.W. Washington, D.C. 20554 Re: Orbital Imaging Comoration Authorization (DA 99-353) Dear Ms. Salas: Orbital Imaging Corporation (Orbimage) hereby notifies the Commission that the first satellite it launched (Orbview-4), pursuant to its authorization to launch and operate a two-satellite remote-sensing satellite system in low-Earth orbit,' failed to reach its intended orbit and is not operational. In addition, Orbimage requests an extension of the deadline for completion of construction of its second satellite (Orbview-3) From February 2002 to August 2003. This extension is necessitated by the unexpected launch failure of our first satellite (Orbview-4) in September of last year and recent schedule delays that Orbital Sciences Corporation has incurred in manufacturing our follow on OrbView-3 satellite. These manufacturing delays are not expected to affect Orbimage's ability to launch OrbView-3 by the August 2003 launch date set forth in its authorization. Orbimage commenced construction of OrbView-3 by the August 2001 date also set forth in its authorization (see attached Affidavit). I would appreciate it if the Commission would stamp and return to my attention one receipt copy of this filing in the enclosed self-addressed, postage prepaid envelope. If you have any questions about these matters, please contact me at (703) 406- 5044. Armand Mancini Executive Vice President and Chief Financial Officer Attachment Cc: Ms.Jennifer Gilsenan Chief, Satellite Policy Branch Satellite Division, International Bureau Federal Communications Commission I In the Matter of Orbital Imaging Corporation For Authority to Launch and Operate a Private Remote-Sensing Satellite System in Low-Earth Orbit, Order and Authorization, DA 99-353 (Rel. Feb. 17, 1999)* Orbital Imaging Corporation 21 700 Atlantic Blvd., Dulles, VA 20166 703-406-5800

COMMONWEALTH OF VRIGNIA ) ) COUNTY OF LOUDON ) AFFIDAVIT 1 hereby certify that Orbital Imaging Corporation complied with the commencement of construction milestone set forth in Paragraph 16 of the Order and Authorization (DA 99-353) granted by the International Bureau to Orbital Imaging Corporation with respect to the Signature . mwdb %dClhfl Name (printed or typed) SWORN TO AND SUBSCRIBED before me, a Notary Public for the Commonwealth of Virginia, on the && day of x&,& L 1 ,2002. (SEAL)

Exhibit 2 “Complete Construction” Certification Dated March 3, 2003

March 3,2003 BY AIRBORNE EXPRESS AND FACSIMILE Ms. Marlene H. Dortch Secretary, Federal Communications Cornmission Office of the Secretary 445 12* Street, N.W. Washington, D.C. 20554 Re: Orbital ImaPinP Corporation Authorization IDA 99-353) Dear Ms. Dortch: As required by its Federal Communications Commission authorization, Orbital Imaging Corporation hereby notifies the Commission that physical construction of the company’s second satellite (Orbview-3) was completed by February 2003. Attached is an Affidavit from an officer of the company certifying as to the completion of this milestone. If you have any questions about these matters, please contact me at (703) 480- 7509. Sincerely, ORBITAL IMAGING CORPORATION Gb&S Armand D. Mancini Executive Vice President & Chief Financial Officer Attachment Cc: Ms. Jennifer Gilsenan Chief, Satellite Policy Branch Satellite Division, lnternational Bureau Federal Communications Commission 1 ORBIMACE - 21700 Atlantic Blvd., Dulles, VA 20166 703-480-7500 703-480-7544(Fax)

COMMONWEALTH OF VRIGINIA 1 1 COUNTY OF LOUDON ) AFFIDAVIT I hereby certify that Orbital Imaging Corporation complied with the completion of construction milestone set forth in Paragraph 16 of the Order and Authorization (DA 99- 353) granted by the International Bureau to Orbital Imaging Corporation with respect to the company’s second satellite (Orbview-3). +Fp Signature T oAJ ‘J AM zi c 0 TT I Name (printed or typed) v*P. FI # 4 4 C E Title SWORN TO AND SUBSCRIBED before me, a Notary Public for the Commonwealth of Virginia, on the day of /f&%H ,2003. (SEAL)

Exhibit 3 “Launch” Certification Dated July 3,2003

.idy 3. 2003 It\' AII<I?ORNEEXPRESS AND FACSIMILE IS. h/liirlcnc 1-1. Dortcli I $3 w 3 /6 35a Sccrc~iry,Federal Communications Commission OI'licc o f tlic Secretary 445 12'" Street, N.W. Wosliiiigton, D.C. 20554 Re: Orbital Imagine Cornoration Authorization @A 99-353) AS required by its Federal Communications Commission authorization, Orbital Il11ilgiI1sCorporation hereby notifies the Commission that the launch of its second satcllik (OrbView-3) has been successfully completed. Attached is an Affidavit from an oI'liccr nf'tlie company certifying as to the completion of this milestone. I I' you have any questions about these matters, please contact me at (703)480- 72:7. ,. I11111e 11t i I ;IC (IC: h4s. Jcnnifer Gilsenan Chicf, Satellite Policy Branch Satellite Division, International Bureau Ikdcral Communications Commission 1 .- --T I . I--.--___I" -- -.--_-_-- "

C'( )he1MON WEALI'H OF VRIGWIA 1 1 CO\!N'I'Y OF LOUDOUN 1 AFFIDAVIT I Iicid>yccrtiljl that Orbital Imaging Corporation complied with the completion of launch mi Icsrone set forth in Paragraph 16 of the Order and Authorization@A 99-353), as aiiicndcd February 23, 1999, granted by the International Bureau to Orbital Imaging Coi.poraLion with respect to the company's second satellite (Orbview-3). SWORN TO AND SUBSCRIBED before me, a Notary Public for the Comiiionwcalth of Virginia, on the 3rd day of Sk\2 ,2003. 2 I - - ---1 - -- . - _ _ I--

Exhibit 4 Airbill Dated March 7,2003 1 - - . ---1 -- - -. __ I-.-

ATTN : LORA ELLISON FROM : DHL ICOR SYSTEM AIRBILL NUMBER DATE CHARGES PU RTE/DB DECLD.VAL. D H L EXPRESS (USA) INC. 1 2 0 0 S PINE ISLAND ROAD I AD PLANTATION, FL 3 3 3 2 4 17323579050 0 3 / 0 7 / 0 3 PREPAID SD 717 WWW. DHL-USA COM . n ~~~~ ~ S ORBIMAGE 3-214 5 7 8 0 5 4 H 2 1 7 0 0 ATLANTIC ELVD DULLES VA 2 0 1 6 6 ~ ISENT BY D. CONNORS 7 0 3 - 4 8 0 - 7 5 1 7 II C FEDERAL COMMUNICATIONS CO OFFICE OF THE SECRETARY 0 1 4 4 5 12TH STREET. N.W. WASHINGTON DC 2 0 5 5 4 0- ATTN MS. MARLENE H . (202) 418-0300 IBILL TO ENTRY STATION: I A D OPERATOR I D : /PE IAD 940 6600115 REF NONE NO.PCS DESCRIPTION OF CONTENTS SRVC WEIGHT SCL/CMM 1 NAS 1 26000 A2 S L ~~~ THANK YOU FOR CHOOSIHG DHL TRFF.DEST DATE TIME STA PGC b R:cEIVED LD BY TAKA RC 01541563 815 1 CTL-PGC 03/10/03 1O:lO PGC

KI2Pl.L I IHFSbf HUY.LbEI I EXPRESS. PLEASE RETURN WITH PAYMENT A 'R I BORNE EXPRESS PO BOX 91001 SEATTLE WA 98111 INVOICE DATE CUSTOMER NUMBER INVOICE NUMBER PAY THLS AHOUNT PAYMENT DUE DATE -- 3/14/03 214578054 96200671895 $10.40 3/29/03 - 11111111111111111111111111111111111111111llllllllllllllllllllI ORBIMAGE 21700 ATLANTIC BLVD DULLES V A 20166-6801 INVOICE DATE CUSTOMER NUMBER TOTAL TRANSACTIONS 3/14/03 214578054 1 BILL TO: ORBIMAGE C30 PHONE 1-800-722-0081 CHARGES NOT P A I D BY DUE DATE MAV BE 21700 ATLANTIC BLVD SUBJECT TO LATE FEES I DULLES VA 20166 A I R B I L L NUMBER CUSTOMER NUMBER CUSTOMER NUMBER REC AT CHG CHARGES ORIGIN / DEST SENDER RECEIVER # PCS TYPE S H I P DATE PKG TYP YOU OWE AS SENT BY TND WGT DESCRIPTION REFERENCE NUMBER ATTENTION CHG WGT RECEIVED BY SCALE # 96200671895 214578054 C30 SD SEE DETAIL IAD / ORBIMAGE AIRBORNE FOR DISTRIBUTION 1 3/0 7 / 0 3 21700 ATLANTIC BLVD LX SENDER DULLES 1 EXCHANGE PIASTER VA 20166 LX D. CONNORS 703-480-7517 NONE TOTAL 11 $10.40 1 \ CHG TVPE: EXP=EXP SVC, NASzNXT AFTERNOON, SDSzZND DAV SVC, E X I Z I N T L DUT EXP, I E X Z I N T L NDN-DUT EXPI LEXZINTL NON-DUT LTR, FRT-INTL FRT, DLV=DELIVERV. PKU=PICKUP, INS=INSURANCE, DCV-DECL. VALUE, CDF-COO FEE, SAT=SATURDAV DELIVERV PKG TVPE: EPZEXPRESS PACK, LX-LETTER EXPRESS, NIZNONE INDICATED, DT=OTHER WGT CODE: NONESNONE ENTERED, LX=LETTER, EIEXCESS WEIGHT LETTER, D=DlMENSIONAL WEIGHT. RZREWEIGHED, Z'ZERD WEIGHT DEFAULT AIRBORNE SCAC - AIRB THANK YOU FOR SHIPPING WITH AIRBORNE EXPRESS EXPRESS. FED 1 . 0 . No. 91-0837469 3/14/03

3IlAk"CNI UCIHZL r HUC L ur A INVOICE DATE CUSTOMER NUMBER INVOICE NUMBER PAYHENT DUE DATE 3/14/03 214578054 PLEASE RETAIN T H I S PORTION FOR VDUR RECORDS BILL TO: ORBIMAGE C3 0 21700 ATLANTIC BLVD DULLES VA 20166 SIHPIMENT - NUMBER SENDER REFERENCE NUMBER RECEIVER # PCS CHG CHARGES ' ORIGIN / DEST CHG WGT TYPE SCALE I 7 1 17323979050 ' NONE FEDERAL COHHUNICATIONS CO 1 NAS 9.90 OFFICE OF THE SECRETARY LX FSC .50 445 12TH STREET, N.W. 26000/A2 WASHINGTON DC 20554 ADDITIONAL SHIPMENT INFORMATION: __~ FSC-FUEL SURCHARGE 5 . 1 % APPLIED TOTAL I $10.40 $10.40 10 TVPE: EXPZEXP SVC, NASzNXT AFTERNOON, SDS'ZND DAY SVC, E X l Z I N T L OUT EXP, I E X c I N T L NON-DUT EXP, LEXXINTL NDN-DUT LTR, FRTZINTL FRT. DLV=DELIVERV, PKUEPICKUP, INS=INSURANCE, DCVXDECL. VALUE, CDF=COD FEE, SAT=SATURDAV DELIVERY G TVPE: EPZEXPRESS PACK. LX=LETTER EXPRESS, NI=NONE INDICATED, OT=DTHER T CODE: NONEZNDNE ENTERED, LXxLETTER, ELEXCESS WEIGHT LETTER, D=DIC(ENSIDNAL WEIGHT, RsREWEIGHED, Z-IERO WEIGHT DEFAULT AIRBORNE nc I.D. - AR IB NO. 91-08374L9 THANK YOU FOR SHIPPING WITH AIRBORNE EXPRESS EXPRESS. 3/14/03 - . _-. , - . - - . T . ".-......-.I..-_..._...- ~ -.I-_

Exhibit 5 Airbill Dated July 3,2003

ATTN : DEBORAH LORMEL FROM : DHL ICOR SYSTEM REFERENCE: COMMENTS : AIRBILL NUMBER DATE CHARGES PU RTE/DB DECLD-VAL. DHL EXPRESS (USA1 INC. 1200 S PINE ISLAND ROAD IAD PLANTATION, FL 33324 18369316350 07/03/03 PREPAID SD 717 W W .DHL-USA .COM S ORBIMAGE 3-214578054 H 21700 ATLANTIC BLVD DULLES VA 20166 SENT BY D. CONNORS 703-480-7537 C FEDERAL COMMUNICATIONS CO OFFICE OF THE SECRETARY 0- 0 445 12TH STREET, N . W . WASH1NGTON DC 20554 C30 FACSIMILE FOR BILLING, PLEASE REFER TO: IAD 940 18400074 096365081595 AIR WAYBILL NO.PCS DESCRIPTION OF CONTENTS SRVC WEIGHT SCL/CMM 1 1 26000 E2 R 1 s o RECEIVED BY TRFF.DEST DATE TIME STA PGC x LD A GIBSON RC 01526843 815 1 CTL-PGC 07/07/03 10:15 PGC .- - - I - - - - - I- . I----^ --

I mnuvnmc anrrivicn I ut IHAL rwt 1 UP I EXPRESS. INVOICE NUMBER PAYMENT DUE DATE REFER TO THIS NUMBER. 7/11/03 214578054 96365081595 7/26/03 -- PLEASE R E T A I N T H I S PORTION FOR YOUR RECORDS BILL TO: ORBIMAGE C30 21700 A T L A N T I C BLVD DULLES VA 20166 I I I I *) I I SHIPMENT NUMBER SENDER REFERENCE NUMBER RECEIVER cP :: CHG CHARGES TOTAL AMOUNT O R I G I N / DEST CHG WGT TYPE 18364866656 I A D / JMO I NONE HALL DICKLER KENT GOLDSTE 909 THIRD AVENUE 1 NAS 1E FSC 13.50 .61 NEW YORK 26000/A3 NY 10022 , IADDITIONAL SHIPMENT INFORMATION: FSC-FUEL SURCHARGE 4.5% APPLIED I $14.11 18369316350 I A D / PGC ) NONE FEDERAL COMMUNICATIONS CO OFFICE OF THE SECRETARY 445 12TH STREET, N.W. 1 EXP 1E FSC 26000/E2 13.28 .60 - .- WASHINGTON DC 20554 ADDITIONAL SHIPMENT INFORMATION: FSC-FUEL SURCHARGE 4.5% APPLIED $13. 88 18369635352 LED ARRAYS TECHNOCEAN INC. 1 SDS 7.56 CAD / FMY UNIT 112 1E FSC .34 820 N. E. 24TH LANE 760OO/Z5 CAPE CORAL FL 33909 ADDITIONAL SHIPMENT INFORMATION: FSC-FUEL SURCHARGE 4.5% APPLIED $7.90 TOTAL $35.89 CHG TYPE: EXP=EXP SVC, NAS=NXT AFTERNOON, SDS=ZND DAY SVC, E X l = I N T L DUT EXP, I E X - I N T L NON-DUT EXP, L E X = I N T L NON-OUT LTR, F R T = I N T L FRT, DLV=DELIVERY, PKU=PICKUP, INS=INSURANCE, DCV=DECL. VALUE, CDF=CDD FEE, SAT=SATURDAY DELIVERY PKG TYPE: EP=EXPRESS PACK, LX=LETTER EXPRESS, NI=NONE INDICATED, OT-OTHER WGT CODE: NONE=NONE ENTERED, LX=LETTER, E'EXCESS WEIGHT LETTER, D=DIHENSIONAL WEIGHT, R=REWEIGHED, Z=ZERD WEIGHT DEFAULT AIRBORNE - SCAC I.D.A I RNO. FED B 93-0837463 THANK YOU FOR SHIPPING WITH AIRBORNE EXPRESS EXPRESS. 7/11/03

Exhibit 6 Declaration of William L. Warren

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 1 In the Matter of: 1 ) ORBIMAGE Inc. ) 1 Authority to Launch and Operate a Private ) File No. SAT-LOA-1998020300012 Remote-Sensing Satellite System. 1 ) ) DECLARATION OF WILLIAM L. WARREN I, William L. Warren, hereby declare as follows: 1. I make this declaration in connection with the letter filed by ORBIMAGE Inc. with the Secretary of the Federal Communications Commission on even date (the “Letter”), regarding the authority of ORBIMAGE to launch an operate an Earth Exploration Satellite System. I have personal knowledge of the facts stated in this declaration and, if called upon to do so, I could and would testify competently thereto. 2. I am the Vice President, General Counsel, and Secretary of ORBIMAGE. I am an attorney admitted to the bars of Virginia, New York and the District of Columbia. I received my J.D. from the University of Texas and was in private practice prior to joining ORBIMAGE as General Counsel in 2004. 3. Part of my duties as Secretary and as General Counsel is to supervise and exert control over certain of the corporate records of ORBIMAGE, and over certain of the company’s files relating to legal matters and government filings. DC\770717.1

4. I located the certifications attached as Exhibits 1,2, and 3 to the Letter within the company files of ORBIMAGE over which I have custody. These documents were created by ORBIMAGE in the course of its regular business activities, and retained by ORBIMAGE as part of its regular business records. It is the regular practice of ORBIMAGE to keep copies of important correspondence such as these certifications, while mailing or otherwise delivering the originals to their intended recipients, as indicated on the correspondence itself. I declare under penalty of perjury that the foregoing is true and correct. Executed in Dulles, Virginia, on this the &?4 day of June, 2005. - William L. Warren 2 DC\770717.1


Document Created: 2005-07-05 13:46:37
Document Modified: 2005-07-05 13:46:37
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