Attachment 1997Order DA 97-2275

1997Order DA 97-2275

ORDER submitted by IB, FCC

DA 97-2275

1997-10-28

This document pretains to SAT-MOD-19900508-00020 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD1990050800020_1058784

DA—97—2275A1.pdf https://apps.foc.gov/edocs_public/attachmatch/DA—97—2275¥1 .pd DA 97—2275 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of f 2 . | File Nos. 12/13—DSS—P—93 Digital Satellite Broadcasting Corporation 28—DSS—LA—93 41—DSS—AMEND—93 Application for Authority to Construct, Launch, and 60—DSS—AMEND—93 Operate Satellites in the Satellite Digital Audio Radio 129—SAT—AMEND—96 Service Primosphere Limited Parmership File Nos. 29/30—DSS—LA—93 1§/17—DSS—P.93 Application for Authority to Construct, Launch, and Operate Satellites in the Satellite Digital Audio Radio Service ORDER Adopted: October 28, 1997 Released: October 28, 1997 By Chief, International Rureau: 1. With this Order, we dismiss Digital Satellite Broadcasting Corporation ("DSBC") and Primosphere Limited Partnership‘s ("Primosphere") applications to launch and operate satellite systems in the geostationary—satellite orbit ("GSO") to provide satellite digital audio radio service (hereinafter referred to as "satellite DARS" or "SDARS").‘ 2. On March 3, 1997, the Commission adopted service rules for SDARS, including rules to auction two 12.5 MHz SDARS authorizations in the 2320—2332.5 MHz and 2332.5—2345 ! Satellite Digital Audio Radio Service (sarellite "DARS") is a radiocommunication service in which audio programming is digitally transmitted by one or more space stations directly to fixed, mobile, and/or portable stations, and which may involve complementary repeating terrestrial transmitters. 47 C.F.R. § 25.201. 8976 1 of 2 8/19/2014 5:42 PV

DA—97—2275A1 .pdf https://apps.fec.gov/edocs_public/attachmatcW/DA—97—2275A1 .pdf MHz frequency bands. On March 28, 1997, the Commission received the required Supplemental Information applications and upfront payments from the four eligible applicants. Participation in this auction was limited to the four pending applicants: American Mobxle Radio Corporation ("AMRC"), Satellite CD Radio ("CD Radio"), DSBC and Primosphere." All four applicants participated in the SDARS auction, which began on April 1, 1997. On April 2, 1997, ‘AMRC and CD Radio submitted winning bids for licenses to launch and operate satellite DARS systems.* AMRC and CD Radio subsequently made post—auction down payments.‘ On October 7, 1997 the Commission issued a public notice announcing that it was prepared to grant the SDARS authorizations and set forth payment instructions," and shortly thereafter AMRC and CD Radio submi}ted their final payments. The Commission has issued both authorizations to launch and operate. 3. Since DSBC and Primosphere were unsuccessful bidders in the SDARS auction, and because there are no further licenses available in the allocated spectrum, we find that their applications should be dismissed. Accordingly, IT IS ORDERED, pursuant to Section 0.261 of the Commission‘s rules on delegation of authority, 47 C.F.R. § 0.261, that the applications of — Direct Broadcasting Satellite Corporation, File Nos. 12/13—DSS—P—93, 28—DSS—LA—93, 41—D8SS.— AMEND—93, 60—DSS—AMEND—93, 129.SAT—AMEND—%6, and Primosphere Limited Partnership, File Nos. 29/30—DSS—LA—93, 1§/17—DSS—P.—93, ARE DISMISSED. Federal Communications Commission ymdale— Chief, International Bureau * License No. (EBNOO1) and License No. (EBNOO2). See also Digital Audio Radio Satellite Servige in the 2310—2360 MHz Frequency Band, Report and Order, Memorandum Opinion and Order and Further Notice of Proposed.Rulemaking, IB Docket No, 95—91, Gen Docket No. 90—357, J 165 (March 3, 1997) (CSDARS Order‘). These rules limited auction participants to the four applicants on file. 1 See Public Notice, "Auction ofSatellite Audio Radio Service (Auction No. 15): Bidders Qualified to Participate in the DARSAuction," released March 28, 1997. * CD Radio bid $83,346,000 for use of the 2320—2332.5 MHz and AMRC bid $89,888,888 foruseofflle 2332.5'2343 Miiz frequency band. * Id. {instructing winning bidders to bring their total deposits up to 20 percent of their winning bids by April 16, 1997); See also SDARS Order at € 165. $ FCC Announces it is Ready to Grant Satellite Digital Audio Radio Authorizations to American Mobile Radio Corporation and Sateilite CD Radio Inc., DA 97—2164 (released October 7, 1997). See In the Matter ofAmerican Mobile Radio Corporation Applicationfor Authority to Construct, Launch, and Operate Two Satellites in the Satellite Digital Audio Radio Service, DA 97—2210 (released October 16, 1997); In the Matter ofSatellite CD Radio, Inc. Applicationfor Authority to Construct, Launch, and Operate ITwo Satellites in the Satellite Digital Audio Radio Service, DA 97—2210 (released — October 10, 1997). 8977 2 of 2 8/19/2014 5:42 PM


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Document Modified: 2014-08-20 17:48:28
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