Attachment AFFIDAVIT

AFFIDAVIT

SUBMISSION FOR THE RECORD submitted by BOEING

AFFIDAVIT

2004-07-27

This document pretains to SAT-MOD-20030711-00128 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2003071100128_399649

Soums, Sevorms & Drarser LLB 1201 Pennoani Avenus, N SQUIRE|«ss RECEIVED Tiiirgennemeoreour SANDERS| womtomor uL 2 7 2008 farmenc Ioiwnlbeomtatins (2o2 exsceose Otfes 2»5,,,,,,?;'”“”"“ July 27, 2004 VIA HAND DELIVERY Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20054 Re: The Bocing Company Authority for Use ofthe 1990—2025/2165—2200 MHz and Associated Frequency Bands for a Mobile—Satellite System FCC File Nos. 79—.SAT—P/LA—97(16), 90—SAT—AMEND—98(20), IBFS Nos. SAT—LOA—19970926—00149, SAT—AMD—19980318—00021, SAT—AMD—20001103—00159, SAT—MOD—20020726—00113, SAT—MOD—200307] 1—00128 and SAT—AMD—20030827—00241 Dear Ms, Dortch: The Bocing Company (‘Bocing"), through its attomeys and pursuant to Section 25.143(e)(3) of the Commission‘s rules,‘ hereby provides in the accompanying affidavit the required certification that it has satisfied the third milestone for its 2 GHz MSS license by beginning physical construction on its geosynchronous 2 GHz MSS satellite on or before July 17, 204. The technical design of the satellite under construction reflects the authorization that the Commission issued to Bocing on June 24, 2003." On July 11, 2003, Bocing filed an application to modify the technical design of ts 2 GHz MSS spacceraft." Bocing also filed an amendment t its modification application on August 27, ! Seear ce325 143(00) 2000) * See The Boting Compary, For Modifcation of Auhority For Use of the 1990—20252163—2200 MHiz and Associated Frequency Bondsfr a Mobile—Satlite System, DA 03—2073 (June 24, 2003)(‘June 24,2003 Order‘) * See The Bocing Company, Application For Modfcation ofAuthoriy For Use ofe 1990—2025/2165—2200 Mtiz and Associated Frequency Bonds For a MobileSatelite System, FCC File No. SAT—MOD—20030711—00128 (Tily 11,2003) Cncrsar> CCorsmaos«Howro Los Avcrus Muse«New Yome Puo Aire Promex SucFrasanco Tunc* TrowConime» Wisimeros DCR ohoaro | Burmva Bsiusn Boownr» owon Murmo «Muwx Moscow* Puoss i Beime ow Kome> Turn Torvo! Asocrio Omers Beouse «on Knw smsstcon

Soums, Snvnens & DramseLLP. Secretary Dortch July 27, 2004 Page 2 2003 in which it requested authority to use additional spectrum for feeder links:*. On July 13, 2004, Bocing filed a second amendment to its application, which withdrew all of proposed technical changes to the design of the spacecraft and most of the proposed operational and terrestrial design changes to the network" As a result, the Commission‘s June 24, 2003 Order reflectsthe identical spacecraft design that Bocing is using in the construction process. Nonctheless, Bocing has taken the precaution of requesting several waivers of the Commission‘s rules that may be necessary to permit construction of the spacecraft that was authorized by the Commission in its June 24, 2003 Order. These waivers include (1) a request for waiver of Bocing‘s Critical Design Review (*CDR") milestone because the satellte design used in the CDR process was different than the satellite design that was included in the Commission‘s June 24, 2003 Order and was also different than the satellite design that Bocing is using in the construction process and (2) a waiver of the Commission‘s policy that system modifications requiring Commission authorization should be filed well in advance of the licensee‘s CDR milestone, absent unusual circumstances. Bocing‘s request for waivers was properly included in the amendment that Bocing filed on July 13, 2004. Please let us know if you have any questions. Thank you for your attention to this matter. Bruce A.Olcott Counsel for The Bocing Company Enclosure * See The Boeing Company, Amendment to Application For Modifction of Authority For Use of the 1990— 20252165—2200 Mz and Associated Frequency Bands For a MobileSatelite System, FCC File No. SAT—AMD 2oos027—00241 (Aug 27,2003) * See The Boeing Company, Amendment to Application For Modifation of Authority For Use of the 1990. 20252165—2200 Mz and Associared Frequercy Bands For a MobileSatelite System, FCC File No. SAT—AMD 20040713—00122 (laly 13, 2004).

AFFIDAVIT The Bocing Company 2 GHz MSS Milestone Compliance As required by Section 25.143(e)(3) of the Commission‘s rules, Ihereby certify that on or before July 17, 2004, The Bocing Company (‘Bocing"), through its wholly owned subsidiary, Bocing Satellite Systems, Inc., satisfied the third milestone requirement forits 2 GHz Mobile—Satellite Service ("MSS") license by beginning physical construction of its 2 GHz MSS geosynchronous satellite. Bocing Satellite Systems, Inc. The Bocing Company P.0. Box 92919 w wss2—z103 Los Angeles, CA 90009—2919 July 26, 2004


Document Created: 2004-09-28 11:18:32
Document Modified: 2004-09-28 11:18:32
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