Attachment may 18 2007

may 18 2007

LETTER submitted by IB,FCC

may 18 2007

2007-05-18

This document pretains to SAT-LOA-20040322-00235 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2004032200235_567662

                                Federal Communications Commission
                                         Washington, DC 20554
International Bureau




                                                 May 18, 2007


       Mr. David M. Drucker
       ATCONTACT Communications, LLC
       2539 North Highway 67
       Sedalia, CO 80135
                                                Re:     ATCONTACT Communications, LLC
                                                        SAT—LOA—19971222—00222
                                                        SAT—LOA—20040322—00234/35/36/37
                                                        Call Signs: $2346, S2680, S2681, 82682,
                                                        $2683

       Dear Mr. Drucker:

                 This letter refers to ATCONTACT Communications, LLC‘s (ATCONTACT) recent
       filings to demonstrate compliance with its milestones to execute non—contingent satellite
       manufacturing contracts for its Ka—band satellite systems.

                Pursuant to its authorization, ATCONTACT was required to enter into a binding non—
       contingent contract to construct its non—geostationary satellite orbit (NGSO) satellites by April
       15, 2007.‘ ATCONTACT timely submitted a contract in support of its certification that it had
       met this milestone. We have reviewed ATCONTACT‘s filing and determined that there is a
       discrepancy between ATCONTACT‘s NGSO Ka—band system authorization and the contract.
       Specifically, the authorization, as modified, authorizes ATCONTACT to operate in the 28.6—29.1
       GHz (uplink) and 18.8—19.3 GHz (downlink) frequency bands on a primary basis, the 29.5 —30.0
       GHz (uplink) frequency band on a secondary basis, and the 19.7—20.2 GHz (downlink) frequency
       band on a non—conforming basis."

                ATCONTACT‘s contract, however, shows the satellite will also operate in the 28.35—
       28.60 GHz and 29.25—29.50 GHz (uplink) frequency bands, and the 18.3—18.8 GHz (downlink)
       frequency bands." Please explain the disparity between ATCONTACT‘s authorization and its
       construction contract. If, ir fact, ATCONTACT intends to operate its NGSO system in the
       additional frequencies specified in the contract, ATCONTACT must file an application to modify
       its authorization.




       ‘ ContactMEO Communications, LLC, Order and Authorization, 21 FCC Red 4035, 4057 (2006)
       {(ATCONTACT Authorization).
      > ATCONTACT Authorization, 21 FCC Red at 4056—57.
      ‘Contract between ATCONTACT Communications, LLC and Space Systems/Loral for NGSO satellites,
      Exhibit A, 3.1.1 and 3.2.1 (filed April 13, 2007) (4TCONTACT NGSO Contract).


          In addition, the contract provides that payments are due upon completion of the
milestones specified in Exhibit F.* This exhibit, however, fails to specify the milestones."
Consequently, to assist us in determining whether ATCONTACT has met the construction
contract milestone for its NGSO constellation, please resubmit Exhibit F of the NGSO contract
with the payment plan milestones included. Further, we find the same deficiency in Exhibit F of
the contract filed by contract filed by ATCONTACT for the construction of its geostationary
satellite orbit (GSO) satellites.© This contract was also filed pursuant to the condition in its
authorization to execute a non—contingent satellite manufacturing contract.‘ Accordingly, please
resubmit Exhibit F of the GSO contract with the payment plan milestones included.

        Please submit your response to this letter, including any modification applications to
address the frequencies listed in ATCONTACT‘s NGSO contract, to the Commission‘s Secretary
by June 8, 2007, with a courtesy copy to Alyssa Roberts of my staff: Alyssa.Roberts@fec.gov.


                                                 Sincerely,


                                                 Robert G. Nelson
                                                 Chief,
                                                 Satellite Division




* ATCONTACT NGSO Contract, Article 5.
° ATCONTACT NGSO Contract, Exhibit F.
° Contract between ATCONTACT Communications, LLC and Space Systems/Loral for GSO satellites,
Article 5, and Exhibit F (filed April 13, 2007).
‘ ATCONTACT Authorization, 21 FCC Red at 4057.



Document Created: 2007-05-18 13:24:52
Document Modified: 2007-05-18 13:24:52

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