Attachment REQUEST

REQUEST

REQUEST submitted by FCC,IB

REQUEST

2004-03-25

This document pretains to SAT-MOD-20020726-00113 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2002072600113_376567

                                 Federal Communications Comrnissiot?
                                       Washington, DC 20554
International Bureau




                                                  March 25,2004


       VIA FACSIMILE (202-626-6780) AND U.S. MAIL
       Mr. Joseph P. Markoski
       Mr. Bruce A. Olcott
       Squire, Sanders & Dempsey
       1201 Pennsylvania Avenue, NW
       P.O. Box 407
       Washington, DC 20044

                 Re:    The Boeing Company
                        File Nos. 179-SAT-P/LA-97(16); 90-SAT-AMEND-98; IBFS File Nos. SAT-
                        LOA-19970926-00149; SAT-AMD-I99803 18-00021; SAT-AMD-20001103-
                        00159; SAT-MOD-20020726-00113; SAT-MOD-20030711-00128; SAT-AMD-
                        20030827-00241

        Dear Messrs. Markoski and Olcott:

        The Satellite Division is currently assessing The Boeing Company’s (Boeing) compliance with
        the Commission’s 2 GHz Mobile-Satellite Service (MSS) Critical Design Review (CDR)
        milestone. We acknowledge receipt of your December 18, 2003 submission, which included
        Boeing’s payload subsystem material for CDR. Based on our review of the materials submitted,
        we request additional information in connection with the CDR milestone and continued progress
        toward satellite construction.’

        We note that Boeing has not provided the Satellite Division with any further Inter-organizational
        Work Authorizations or equivalent documents demonstrating that continued expenditures have
        been authorized for Boeing’s 2 GHz MSS project beyond December 3 1,2002.’ As discussed in
        detail in the Boeing Mod$cation Order, in lieu of a satellite manufacturing agreement, we assess
        milestone compliance under criteria designed to assess in-house manufacturing agreement^.^
        Given that we have no documentation regarding expenditures beyond December 3 1,2002, we

        ’See The Establishment of Policies and Service Rules for the Mobile Satellite Service in the 2 GHz Band,
        Report and Order, FCC 00-302, 15 FCC Rcd 16127, 16178¶ 108 (2000) (“we retain discretion to seek
        additional information from system proponents concerning any aspect of system progress”); see also
        Amendment of the Commission’s Space Station Licensing Rules and Policies, Mitigation of Orbital Debris,
        First Report and Order and Further Notice of Proposed Rulemaking in IB Docket No. 02-34, and First
        Report and Order in IB Docket No. 02-54,FCC 03-102, 18 FCC Rcd 10760, 10833 191 (2003) (“[Tlhe
        Commission retains discretion to require licensees to provide further information”).

           See The Boeing Company, Order and Authorization, DA 03-2073, 18 FCC Rcd 12317,12328-29¶ 30
         (Int’l Bur./OET 2003) (Boeing Mod$ication Order).
         3Seeid. at 12329131.


request the following information as further assurance that Boeing Satellite Systems (BSS) is
moving forward with satellite construction:

    1) A copy of the relevant portions of BSS’s 2004 Long Range Business Plan (LRBP), cited
       in footnotes 10 and 11 of your December 18,2003 letter;
    2) Evidence signed by an authorized Boeing (or BSS) representative confirming that
       adequate funds have been reserved for near-term expenses of the 2 GHz MSS project;
    3) A copy of a document signed by a Boeing (or BSS) representative with appropriate
       responsibility authorizing use of BSS’s resources to construct the 2 GHz MSS satellite;
    4) Evidence signed by a Boeing (or BSS) representative with appropriate responsibility
        certifying that BSS has secured the services of staff with relevant design and
        manufacturing expertise specifically for the 2 GHz MSS project; and
    5) A copy of an appropriately authorized work schedule indicating that the 2 GHz MSS
        satellite will be built within a time period consistent with the milestone schedule
        prescribed in the Boeing Modification Order.

This information must be filed with the Commission’s Secretary by April 5,2004, with an
electronic or hand delivered courtesy copy to Karl Kensinger, Karl.Kensinger@fcc.gov. Failure
to provide this information by this date shall render Boeing’s 2 GHz MSS license null and void.
You may contact Karl Kensinger at (202) 418-0749 if you have any questions.

                                                          Sincerely,



                                                          Thomas S. Tycz
                                                          Chief, Satellite Division
                                                          International Bureau




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Document Created: 2004-06-01 11:51:29
Document Modified: 2004-06-01 11:51:29

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