Attachment Spire Global - grant

Spire Global - grant

DECISION submitted by IB, FCC

grant in part defer in part extension of bond filing deadline

2016-06-16

This document pretains to SAT-LOA-20151123-00078 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2015112300078_1139437

Hogan Lovells US LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004 T +1 202 637 5600 F +1 202 637 5910 www.hoganlovells.com E CBPowr in PAgT /Deree N PB BDUNG EXTENSION of BOND FIUN(:r DE April 4, 2016 Ffle#SPH"-LOQ20|S| 23— ocu‘h? vIiA IBFES cgns;gn52‘5% Grant Date_OG/G/IG Ms. Marlene H. Dortch (or otheridentifier) Term Dates Secretary Federal Communications Commission Trom G/\S/1 To: O7/16/llp 445 12th Street, SW Washington, DC 20554 | International Bureau Approved: +seé"adjachmentr _ Re: Spire Global, Inc. Satellite Bond Waiver Request IBFS File No. SAT—LOA—20151123—00078, Call Sign $2946 Dear Ms. Dortch: Spire Global, Inc. ("Spire") hereby requests that the International Bureau ("Bureau") grant a waiver of the bond requirement associated with the satellite authorization granted to Spire on March 18, 2016.‘ In the grant, the Bureau authorized Spire to construct, deploy, and operate nine of the 175 satellites requested by Spire for operation of its LEMUR constellation and imposed, as a condition to the Iiczense, the requirement that Spire post a $5,000,000 bond for those nine satellites by April 18, 2016. The nine authorized satellites were part of the Cygnus payload onboard the Atlas V vehicle that was launched successfully on March 22, 2016 from Cape Canaveral, Flonda Cygnus subsequently berthed with the International Space Station ("ISS") on March 25, 2016." Four of Spire‘s authorized satellites will be unloaded from the Cygnus to the ISS and deployed into orbit from the ISS Multi— Purpose Experiment Platform in the upcoming weeks. The other five authorized Spire satellites, which are mounted on the external surface of the Cygnus, will remain on the Cygnus and be ‘ Stamp Grant, Spire Global, Inc., IBFS File No. SAT—LOA—20151123—00078 (granted Mar. 18, 2016 and corrected Mar. 25, 2016) ("Spire Grant"); see a/so Public Notice, Report No. SAT—0 1145 (Mar. 25, 2016). 2 See Spire Grant T 1, 6; see also 47 CFR §25.164(b). The Bureau deferred action on the remainder of the satellites in the LEMUR constellation, and accordingly, the bond requirement is not currently applicable to those satellites. * See William Graham, OA—6 Cygnus launched to the ISS via Atlas V, NASASPAcEFLisHT.com (Mar. 22, 2016); see also Lemur—2, GUNTER‘s SPAcE PAGE, http://space.skyrocket.de/doc_sdat/lemur— 2.htm (last visited Mar. 30, 2016). * See Justin Ray, Traveling Cygnus pulls into port at International Space Station, SPACEFLIGHT Now (Mar. 26, 2016), https://spaceflightnow.com/2016/03/26/traveling—cygnus—pulls—into—port—at—the— international—space—station/. Hogan Lovells US LLP is a limited liability partnership registered in the District of Columbia. "Hogan Lovells® is an international legal practice that includes Hogan Lovells US LLP and Hogan Lovells International LLP, with offices in: Alicante Amsterdam Baltimore Beijing Brussels Caracas Colorado Springs Denver Dubai Dusseldorf Frankfurt Hamburg Hanci Ho Chi Minh City Hong Kong Houston Johannesburg London Los Angeles Luxembourg Madrid Mexico City Miami Milan Minneapolis Monterrey Moscow Munich New York Northern Virginia Paris Perth Philadelphia Rio de Janeiro Rome San Francisco S&o Paulo Shanghai— Silicon Valley Singapore Sydney Tokyo Ulaanbaatar Warsaw Washington DC Associated offices: Budapest Jeddah Riyadh Zagreb. For more information see www.hoganlovells.com

Attachment to Grant Spire Global, Inc. IBFS File No. SAT—LOA—20151123—00078 The request of Spire Global, Inc. (Spire) to waive or to extend by 90 days the deadline to file a bond in the amount of $5,000,000 for its non—geostationary orbit (NGSO) Earth Exploration Satellite Service (EESS) LEMUR constellation, Call Sign $2946,‘ is granted in part and deferred in part. The Satellite Division previously granted Spire‘s request to extend the bondfiling deadline through June 18, 2016, and deferred action on Spire‘s request to extend the deadline through July 18, 2016. Spire confirms that all nine Spire satellites that are subject to the bond filing requirement were successfully launched on March 22, 2016, and four of the nine satellites were successfully deployed from the International Space Station on May 18, 2016. The remaining five satellites await deployment from the Cygnus supply payload vehicle, which was scheduled to occur by June 18, 2016, but has been temporarily postponed based on a decision by NA¥ASA. Accordingly, the deadline is extended by an additional 30 days, through July 18, 2016, to file a bond for Call Sign $2946. Action is deferred on Spire‘s request to waive the bond filing requirement. Geput in paer /Deree in pagT EXTENSION OF BonD FILING DEPDLINE File # SDBT—LOA— 201981123—OA0o7¢ Call Sign S2I46 Grant Date_O6/1 &/lG {or other identifier) Term Dates From OC/IS)1G To: 071152'@ onal Bureau [ Approved: n J. Duall Chief, Selellie Plicg Branch ‘ Spire Global, Inc., IBFS File No. SAT—LOA—20151123—00078 (granted in part and deferred in part, Mar. 18, 2016)(correction issued on Mar. 24, 2016). The Satellite Division granted authority to construct, deploy, and operate the nine LEMUR—2 satellites that were launched on March 25, 2016, but deferred action on the remainder of Spire‘s application.

Ms. Marlene H. Dortch —2— April 4, 2016 deployed into orbit, at an orbital altitude less than 400 km, after the Cygnus disengages with the ISS in a few months. Attached is a letter from the launch integrator, NanoRacks LLC, certifying to the facts stated above. Splre submits that a waiver of the bond requirement is jUStlfled under these cireumstances." The nine authorized satellites have been constructed already® and are expected to be deployed shortly without any further action by Spire. Thus, grant of the waiver would not undermine the purpose of the bond requirement, to ensure that licensees proceed with the construction and launch of their satellites in a timely manner." Moreover, requiring Spire to incur financial costs and expend other resources associated with posting a multi—million dollar bond, which will be moot in several weeks serves little purpose. For all of these reasons, the Bureau should grant this waiver request.® Please contact the undersigned if you have any questions regarding this letter. Respectfully submitted, /s/ Trey Hanbu Trey Hanbury Partner Trey.Hanbury@hoganlovells.com D 1+ 202 637 5534 Enclosure co: (via email) Karl Kensinger Stephen Duall 5 See 47 C.F.R. § 1.3 (stating that the FCC may grant a waiver of its rules for good cause); see also WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969). ® Accordingly, Spire has satisfied three of the FCC‘s five milestone requirements already. See 47 C.F.R. § 25.164(b). " See Comprehensive Review of Licensing and Operating Rules for Satellite Services, Report and Order, 28 FCC Red 12403 [ 40 (2013). 8 See DIRECTV Enterprises, LLC, Order and Authorization, 21 FCC Red 8028 [] 8 (20086) (noting that no bond was required if the satellite was launched within 30 days); see also inmarsat Mobile Networks, Inc., Order and Authorization and Declaratory Ruling, 30 FCC Red 2770 «[ 31 (2015) (requiring the applicant to post only $750,000 because three of the four milestones had already been met); Loral Skynet do Brasil, Order, DA 03—4095 «[ 14 (rel. Dec. 23, 2003) (reducing the bond requirement to $1.25 million since three of the four milestones had already been met).

Attachment — NanoRacks Certification NANORACKS %wwmw § Ns 2 April 2016 Via E—mail Ms. Jenny Barna Spire Global, Inc. 33 Norfolk Street San Francisco, CA 94103 USA Re: Confirming Lemurs and Deployers on OA—6 for FCC Dear Jenny Four Lemurs arrived at the International Space Station (1SS) on March 25th 2016 on board an Orbital ATK Cygnus for deployment through the KIBO airlock at a later date. In addition, between the time that same Cygnus departs the ISS and its re—entry there are plans to deploy five Lemurs from a NanoRacks deployer that is attached to the exterior of the Cygnus. The deployers and the CubeSats were transported on the Cygnus via NanoRacks Space Act Agreement with NASA. Very Respectfully, Christopher K. Cummins Chief Commerce Officer NanoRacks, LLC 555 Forge River Road, Suite 120, Webster, TX 77598

Hogan Lovells US LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004 T +1 202 637 5600 F +1 202 637 5910 www.hoganlovells.com April 12, 2016 VIA IBFS Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Re: Spire Global, Inc. Satellite Bond Extension Request File No. SAT—LOA—20151123—00078, Call Sign $2946 Dear Ms. Dortch: On April 4, 2016, Spire Global, Inc. ("Spire") submitted a requestto the Iinternational Bureau (‘Bureau") seeking a waiver of the $5,000,000 bond requirement‘ associated with the March 18, 2016 grant to Spire authorizing the deployment of four satellites from the Internatlonal Space Station ("ISS") and five satellites from the Cygnus payload, after it disengages from the ISS. As an alternative to the grant of a waiver of the bond requirement, Spire requests that the Bureau grant a ninety—day extension to post the bond.° The nine authorized satellites have been constructed already* and are now on board the ISS." The satellites are expected to be deployed in May without any further action by Spire.© Thus, grant of the ! See Letter to Marlene H. Dortch, Secretary, FCC, from Trey Hanbury, Counsel for Spire (April 4, 2016) ("Waiver Request"). Spire incorporates by reference the Waiver Request, including the supporting attachment to that document. . See Stamp Grant, Spire Global, Inc., File No. SAT—LOA—20151123—00078 (granted Mar. 18, 2016 and corrected Mar. 24, 2016) ("Spire Grant"); see also Public Notice, Report No. SAT—01145 (Mar. 25, 2016). * See 47 C.F.R. § 1.3 (stating that the FCC may grant a waiver of its rules for good cause); see also WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969). * Accordingly, Spire has satisfied three of the FCC‘s five milestone requirements. See 47 C.F.R. § 25.164(b). °* See Waiver Request at 1. ° Spire has requested a ninety—day extension to post the bond in the event there are unforeseen circumstances, beyond its control, resulting in the delay of the deployment of the satellites from the ISS or the Cygnus payload.

waiver would not undermine the purpose of the bond requirement, to ensure that licensees proceed with the construction and launch of their satellites in a timely manner.‘ Moreover, requiring Spire to incur financial costs and expend other resources associated with posting a multi—million dollar bond, which will be unnecessary in several weeks, serves little purpose. If the Bureau does not grant or act on the request for waiver of the bond requirement, the Bureau should grant this request to extend the deadline for posting the bond, consistent with its precedent. Please contact the undersigned if you have any questions regarding this letter. Respectfully submitted, /s/ Trey Hanbury Trey Hanbury Partner Trey.Hanbury@hoganlovells.com D +1 202 637 5534 co: (via email) Karl Kensinger Stephen Duall " See Comprehensive Review of Licensing and Operating Rules for Satellite Services, Report and Order, 28 FCC Red 12403 €| 40 (2013). 8 See, e.g., Stamp Grant, Planet Labs, Request for Extension of Time, File No. SAT—MOD— 20140321—00032 (granted August 11, 2014); Stamp Grant, New Skies Satellites B.V., Request for Extension of Time, File No. SAT—PPL—20110620—00112 (granted April 4, 2012); Stamp Grant, Intelsat North America LLC, Request for Extension of Time, File No. SAT—LOA—20100726—00167 (granted December 16, 2010).


Document Created: 2016-06-16 17:59:26
Document Modified: 2016-06-16 17:59:26
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