Attachment Spectrum - Grant Feb

Spectrum - Grant Feb

DECISION submitted by IB FCC

Grant Further Renewed Motion for Extension

2017-02-09

This document pretains to SAT-LOI-20160308-00026 for Letter of Intent on a Satellite Space Stations filing.

IBFS_SATLOI2016030800026_1181316

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                                                 % Extengion of Timeto File Bonds On|

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                      FEDERAL COMMUNICATIQO!                 C          ISSION          39967
                                    Washington,|D.0;/205354              \     Call Sign 52955__       Grant Date o2f09(17
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 In the Matter of                                 |                                umm                      7             17
                                                  i   International Bureau     Approved:                                e
 Spectrum Five LLC Petition for Declaratory       —~——SAT—EOT—20160308—00025                       <          Puall
 Ruling To Provide Service from 110.9                                                              CMi     §({HM€ M ’Ej B

 Spectrum Five LLC Petition for Declaratory                 SAT—LOI—20160308—00026
 Ruling To Provide Service from 115



              FURTHER RENEWED MOTION FOR EXTENSION OF TIME

       In December 2015, the Commission comprehensively revised its milestone and bond

rules.‘ Those rules took effect on September 19, 2016." 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.} 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,

December 2, 2016, December 16, 2016, and January 12, 2017, the Commission granted

Spectrum Five‘s motions for extension of time or, in the alternative, for waiver, and through




       \ See Second Report and Order, Comprehensive Review ofLicensing and Operating
Rulesfor Satellite Services, 30 FCC Red 14713, 0 49—85 (2015) ("Satellite Rules Order").
       > See Public Notice, International Bureau Announces Effective Date ofRules Adopted in
the Part 25 Second Report and Order, 31 FCC Red 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
Petitionfor Declaratory Ruling to Provide Service from 115, SAT—LOI—20160308—00026 (Oct. 5,
2016).


those grants has extended to February 10, 2017 the due date for Spectrum Five to post those

surety bonds.

        In its motions, Spectrum Five identified the need for further guidance on terms of a surety

bond that will comply with the Commission‘s new rules. The Commission issued that guidance

on January 18, 2017.4 Since that date, Spectrum Five has worked diligently with Marsh &

McLennan Companies and Chubb Limited to conform its surety bonds to that guidance.

Spectrum Five renews its motion for an extension of the due date to February 24, 2017, in order

to continue those efforts.

        As Spectrum Five has explained in its prior motions, the extension and waiver Spectrum

Five seeks will not alter either its surety bond obligations undér 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 February 24, 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.




       * See Public Notice, International Bureau Clarifies Proceduresfor Maintaining Satellite
Space Station Surety Bonds Pursuant to Escalating Bond Requirements, DA 17—81 (Jan. 18,
2017).


                   Respectfully submitted,

                       /s/ Sceott 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

                   Counselfor Spectrum Five LLC

February 9, 2016



Document Created: 2017-02-09 17:54:13
Document Modified: 2017-02-09 17:54:13

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