Attachment bond

bond

OTHER submitted by ICO

bond

2005-06-23

This document pretains to SAT-LOI-19970926-00163 for Letter of Intent on a Satellite Space Stations filing.

IBFS_SATLOI1997092600163_440346

By Hand Delivery JUN 2 3 2005 Ms. Marlene H. Dortch Secretary Fedoral mmrnunicatbwCommission Federal Communications Commission Office of Secret3ly 445 Twelfth Street, SW, Room TW-A325 Washington, D.C. 20554 Re: File Nos. SAT-LOI-19970926-00163,SAT-MOD-200501 10-00004 Dear Ms. Dortch: On May 24,2005, the Commission issued an order granted an application by IC0 Satellite Services G.P. (“ICO”) to modify its Letter of Intent authorization to substitute a geostationary satellite at the 91” W.L. orbital location for its non-geostationary satellite system.’ In accordance with paragraph 40 of the ModiJication Order and Section 25.165 of the Commission’s rules, IC0 hereby files a copy of its $1.5 million performance bond and related documents. IC0 concurrently is filing a petition for partial reconsideration of the Modijication Order to the extent that it requires IC0 to post a bond. If the petition is granted, IC0 requests permission to cancel the bond in its entirety. The bond amount reflects a reduction of $1.5 million from the total $3 million required under the rules. This specific bond amount is authorized pursuant to the Commission’s Public Notice of May 27,2005, which acknowledges that IC0 may reduce its bond amount by 25 percent ($750,000) for each of the two milestones that I C 0 has completed to date.2 Please direct any questions regarding this matter to the undersigned. Sincerely, Suzanne Hutchings Malloy I See I C 0 Satellite Services G.P., DA 05-1504 (Int’l Bur. May 24,2005) (“Modrfication Order”). 2000 Pennsylvania Ave., NW See FCC Public Notice, Policy Branch Information, DA 05-1545 (Int’l Bur. May 27,2005). Suite 4400 Washington, DC 20006 2023304005 phone dc-4 19641 202 330 4008 fax web: www.ico.com

IC0 GLOBAL CWvlM PAGE 01/03 06123/2005 12;02 4258288021 Bond No. 2054304 License Podlot Permit Condnuoss Bond WHEREAS. the above baunden Principal has obtained B license or permit from the Federal Communications Commission ('FCC) for authority to construct, launch and operate a slngle geostwionary-setellie~it pursuant to its application. SATWD-20- 1O-gePO4. a ~ 1 9 9 7 0 ~ 4 0 in 1 accordance 6 ~ with the terms end conditions set forth in its authorization. including the filing of this bond with the FCC; WHEREAS. the Principal is required by law TO file with the FCC a bond condhtioned as herainafter set forth; NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shell well and truly perfwrn each and every obligation set forth below at the time and in the manner specified during ths term of this bond. then this obligation shell be void. ahenvise to remain in full farce and effect. PROVIDED HOWEVER. that this bond is subpct to the following conditions: 1. The slngle geastetionary-satellite authorized by the FCC must be constructed. kunched and placed in operation in accordance with the technical parameters 8nd terms and conditions Of the grant authorization by the following specified time periods fmileSt~es): a. Commence construction by July 31,2005, b. hunch and begin operetlons by July 17.2007 2. Upon completion of each milestone confirmation of which will be filed with the FCC bv the Principal. and issuance of B Public Notice by the FCC confirming same, the maximum penal sum of the bond shall be reduced by $75O,OOO via a rldar to thls bond sent to the FCC end the Obligee. 3. In the evmt of a Natictr of Default (Le.. an order or public notice revoking the Principal's authorization) issued by the FCC to the Principal and the Surety regarding the performance of the milestones spsclfled above during the term ofthis bond, the Surety shall be liable only up to the current outstanding mtllrirnum penal sum amount after applimble milestone reductions. A Is also undernoad and unconditionally agreed that upon receipt of such Natice of Default, the sole remedy under this bond will be the tender of payment of the current Qutstanding maximum penal m m of the bmd within thirty (30)business days of such Notice of Default. Any such Notice of Default made under this Bond shall be made In writing and shalt he given by a penanal delivery or expeditad delivery service, postage prepaid, addressed to the pellies at the addresees specified below: N : W fOrrmUC0 Bond.& -1-

I TO the Suraty: NMh American Specialty Insurance Company Att: Surw Claims 1200 Arlingtm b i g h t s Aoad, Suite 400 Itagce. IL 60143 To the Principal: Attn: Suzanne Hutchings Malloy 2000 Pennsylvania Avenue Nw,Sutte 4400 Washington, D.C. 20008 4. No right of action shatl accrue on this band to M for the use of arty person 01 corporation orher than the Obligee named herein or the heirs. executors,edministtators or successors d the Obligee. 5. If any conflict or inconsistency exists beween the Surety's obligation or undertakings as described In this bmd end as described in other dccuments. statutes or regulations. then the terms of this bond shall preuall. PROVIDED FURTHER. that regodless of the number of years this bond shall continue or be continued In force and of the number of premiums that shall k payable or pald the Surety shall nut be liable hereunder for EI larger amount in the aggregare. than the current outstanding maximum penal sum of this band, PRQVlDED FURTHER. that this bond shell be effective on the 24th day of Mrv. 2005, and shaA Cease at such time as the FCC confirms that the Prlncipal h8S satlsfied all of the milestones set fot-th in paragraph 1 above, unless earlier cancelled 8s prwlded below. Signed, reekd and dated the JUE ~ 2006.

06/23/2005 12: 02 4258288021 IC0 GLOBAL COMM PAGE 03/03 h KAY A. HULL, ~d GERALD L. JAGROWSW jointly or m d l y


Document Created: 2005-07-05 13:48:34
Document Modified: 2005-07-05 13:48:34
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