2016 12 12 Further R

MOTION submitted by Spectrum Five LLC

Further Renewed Motion for Extension of Time

2016-12-12

This document pretains to SAT-LOI-20160308-00025 for Letter of Intent on a Satellite Space Stations filing.

IBFS_SATLOI2016030800025_1161218

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Spectrum Five LLC Petition for Declaratory SAT-LOI-20160308-00025 Ruling To Provide Service from 110.9 Spectrum Five LLC Petition for Declaratory SAT-LOI-20160308-00026 Ruling To Provide Service from 115 FURTHER RENEWED MOTION FOR EXTENSION OF TIME OR, IN THE ALTERNATIVE, FOR WAIVER PENDING THE COMMISSION’S ISSUANCE OF FURTHER GUIDANCE In December 2015, the Commission comprehensively revised its milestone and bond rules.1 Those rules took effect on September 19, 2016.2 On October 5, 2016, the Commission granted Spectrum Five’s applications for satellite space station authorizations, seeking to provide service from 110.9˚ W.L. and 115˚ W.L.3 Under those rules, and the conditions on the licenses, Spectrum Five was initially required to post surety bonds that comply with newly adopted 47 C.F.R. § 25.165(a)(2) & (b) by November 4, 2016. On November 2, 2016, November 18, 2016, and December 2, 2016, the Commission granted Spectrum Five’s motions for extension of time 1 See Second Report and Order, Comprehensive Review of Licensing and Operating Rules for Satellite Services, 30 FCC Rcd 14713, ¶¶ 49-85 (2015) (“Satellite Rules Order”). 2 See Public Notice, International Bureau Announces Effective Date of Rules Adopted in the Part 25 Second Report and Order, 31 FCC Rcd 9807 (2016). 3 See Stamp Grant, Spectrum Five LLC Petition for Declaratory Ruling to Provide Service from 110.9, SAT-LOI-20160308-00025 (Oct. 5, 2016); Stamp Grant, Spectrum Five LLC Petition for Declaratory Ruling to Provide Service from 115, SAT-LOI-20160308-00026 (Oct. 5, 2016).

or, in the alternative, for waiver, and through those grants has extended to December 16, 2016 the due date for Spectrum Five to post those surety bonds. In its motions, Spectrum Five has identified the need for further guidance on terms of a surety bond that will comply with the Commission’s new rules. Spectrum Five understands that the Commission intends to provide further guidance on the questions Spectrum Five has raised. However, the Commission has not yet issued that further guidance. To afford Spectrum Five sufficient time to work with Marsh & McLennan Companies and Chubb Limited to conform its surety bonds to that further guidance, Spectrum Five renews its motion for an extension of the due date, or a waiver. In light of the impending holiday season, Spectrum Five requests that, rather than extending the deadline for an additional two weeks (to December 30, 2016), the Commission extend the deadline by four weeks, to January 13, 2017. As Spectrum Five has explained in its prior motions, the extension and waiver Spectrum Five seeks will not alter either its surety bond obligations under 47 C.F.R. § 25.165(a)(2) or its launch milestone date under § 24.164(a). That is, both the minimum value of the bond required under § 25.165(a)(2) and the launch milestone date under § 25.164(a) will continue to be calculated from the date of the license grants (October 5, 2016). For the foregoing reasons, the Commission should extend the deadline for the posting of surety bonds for these two licenses to January 13, 2017, or should waive 47 C.F.R. § 25.165(a) and Condition 4.a of each license grant to permit the posting of those surety bonds on or before that date. 2

Respectfully submitted, /s/ Scott H. Angstreich Scott H. Angstreich Daniel V. Dorris Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. 1615 M Street, N.W., Suite 400 Washington, D.C. 20036 (202) 326-7900 sangstreich@khhte.com ddorris@khhte.com Counsel for Spectrum Five LLC December 12, 2016 3


Document Created: 2016-12-12 11:44:43
Document Modified: 2016-12-12 11:44:43
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