Attachment redacted

redacted

OTHER submitted by DigitalGlobe

redacted

2005-10-24

This document pretains to SAT-MOD-20040728-00151 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2004072800151_465070

* Messlge Page 1 of 1 Fecenep& Norecren penise Berger _ From:. KellJ: Riterpusch [ertterpusch@comspacelaw.com] sns Sent: Monday, October 24, 2008 4.88 PM FCG — MAILROOM To: 188ecrelay eceived Ce: Kethleen Campbel; Andrea Kely; ‘Mark J. Fickers} ‘Bottina Eckert; Jake Subject: Pleading re Completion of 3 Micstones related to SAT—MOD—20040728—00151 NOV 0 & 2005 To whom it may concem: Poly Branch Intomatonal IBFS will not accept the attached fling regarding the completion ofthree ofthe five milestones associated with the above referenced DigitalGlobe satellite authorization. Accordingly, per the instruction of Ms. Kathleen Campbell of the Satellite Division, please find attached hereto an electronic copy of the pleading: REQUEST DETERMINATION COMPLIANCEWITH SATELLITEIMPLEMENTATION MILESTONES. Several documents "associated with" this filing that DigitalGlobe seeks confidentialtreatment of pursant to 49 CFR Section 0.459(b) will be submitted in a separate pleading today or tomorrow. Please do not hesitate to contact me if there should be any problem with the instant filing. Best regards, Pierson & Ritterpusch, LLP Keil Ritterpusch Kell J. Riterpusch, Esq. Pierson & Ritterpusch, LLP 2121 Coopertive Way, uie 200 Hemdon, VA 20171 (703) 5612000,x.20 Fax: (703) se3—30%9 Cal: o) oszee hriterpuich@comspacclaw.com This message is intended only for the use of the individual or entity to which t is addressed, and may contain information that is Attorey Privileged, Confidential, and exempt from disclosure under applicable law. Ifh reader of this message is not the intended recipient, o the employee or agent responsible for delivering the message to the intended recipients, you are hereby notified that any dissemination, distribution or copying of this communication is not permitted. Ifyou have received this communication in error, please notify us immediately. Thank you. 102572008

Before The Federal Communications Commi Washington, D.C. 20554 ) In The Matter of ) ) DigitalGlobe, Inc. ) ) File No. SAT—MOD—20040728—00151 Modification of Authorization to Construct, ) CallSign 82120 Launch and Operate a Remote—Sensing Satelite ) Received System ) ) Nov 0 8 2005 To: Chicf, Intemational Bureau in REourst ror pevErmiNation or CoMPLIANCE WITH SATELLITE IMPLEMENTATION MILESTONES DigitalGlobe, Inc. (‘DigitalGlobe"),by counsel and pursuant to Section 25.164 ofthe Commission‘s rules, hereby notifis the Commission that it has met the frstthree milestones set forth in the Order and Authorization DA 05—2640 (hereinafter, "Order")issued on September 30, 2005 granting authority to modify DigitllGlobe‘s Non—Geostationary Satellite Orbit (‘NGSO®) satelite system. Specifically, within the Order, the Commission authorized DigitalGlobe to construct, launch and operate three (3) new satelites within DigitalGlobe‘s EESS space system and to operate the three satellites i the entireallocated portion ofthe X—band (Le., 8025 MHz to 8400 MHz). Thatis, the Commission has authorized DigitalGlobe to increase is allocation of 8025 MHz to $345 MHz by 55 MHz per new satellite,such that the three new DigitalGlobe satelites will be able to operate up to 8400 MHz. Within the Order,the Commission required DiaitalGlobe to fulfill certain milestones for constructing the authorized satelites and modifying its space segment (Order, Paragraph 11). Also, the Commission required that DigitalGlobe posta bond by October 30, 2005 in the amount

required by the Commission‘s rules forthe construction and operation ofan NGSO satelite system: five million dollars ($5,000,000)(Order, Paragraphs 12 & 13). The bond requirement was imposed in order t ensure that DigiteiGlobe uses the entire spectrum that the Commission has authorized DigitalGlobe to use. The Commission‘s stated purpose forthe bond was to prevent DigitalGlobe from ® ‘warchousing‘ the spectrum to usin the unlikely event that ‘best case‘ demand scenarios materilize orto delay competitors from using it" (Order, Paragraph 13). In particular, DigitalGlobe demonstrates herein thatit () has contracted for construction ofthe DigitlGlobe next—generation EESS satelite system; (i) has completed its Critical Design Review; and (ii) has already commenced construction ofthe spacecraft. As a resulofthese showings, DigitalGlobe respectfully requests that the International Bureau determine that DigitalGlobe has satisfied the firstthree milestone requirements set forth in the Order. The determination that DigitalGlobe has setisfied the first three ofthe required milestones will allow DigitalGlobe to reduce the $5 million bond thati is required to post by October 30, 2005 pursuant to the Order to $2 millon. In addition, DigitalGlobe notes that it intends tofile, prior to October 30, 2005, a Ptition for Reconsideration ofthe Bond Requirement Provided in FCC Order and Authorization DA 05— 2640 (‘Petition for Reconsideration"). DigtalGlobe contends that the bond requirement imposed in the Order is wholly unnecessary in the instant case because, among other reasons, DigitalGlobe is contractually bound to the U.. government—specifically, the National Geospatia—Intelligence Ageney (*NGA")—to construct the satellites covered by the Order and

to bring the satelites into service using the bandwidth allocated by the Commission in the Order." The imposition ofthe bond requirement in the instant case would result in duplicative regulstory requirements being imposed on DigitlGlobe: one ffom NGA and the other from the Commission. As the Commission has commented in various regulatory proceedings in the past, the imposition of duplicative regulatory requirements is contrary to public policy.". Accordingly, DizitalGlobe hereby requests that the Commission, on its own motion pursuant to 47 C.RR. § 1.108, seaside the bond requirement imposed by the Order. Despite DigitalGlobe‘s contertion that the bond requirement is duplicative and unnecessary in the instant case, DizitelGlobe is prepared to file a bond as required by Commission rules. In advance offilng this bond, however, DigitalGlobe herein and through attachments provides evidence required to demonstrate DigitalGlobe‘s current fulflIment of three (3) ofthe five (5) milestones required by Paragraph 30 ofthe Order. * In the event that the Commission desires to understand the full nature of DigitalGlobe‘s contractual commitments to NGA (the "NextView Contract"), we direct you to discuss salient matters with Ms. Cyndi Wright,the NextView Program Manager at NGA, at (301) 227—6645, or wrightc@nga.mil. Unfortunately, we are not at liberty to submit a copy ofthe NextView Contract, as there are significant portions ofthe NextView Contract thatare classfied. * See, for example, the Commission‘sstatements made in the Second Report and Order n the Matter ofMitigation ofOrbital Debris, ECC 04—130 (‘Second Orbital Debris Mitigation Order"), in relation to the imposition oforbital debris mitigation requirements on operators ofemote sensing satelite operators who have already submitted orbital debris mitigation plans to the National Oceanic and Atmospheric Administration ("NOAA") as part oftheir authorizations to operate remote sensing systems pursuant to the Land Remote Sensing Act,15 U.3.C. § 5601 er seq. Therein,the Commission found that requiring remote sensing operators to submit orbital debris mitigation plans to the Commission would result in duplieative regulatory burdens that are contrary to public policy. See, Second Orbital Debris Mitigation Order, at Paragraphs 102—104.

Milestone 1: Entry into a Binding, Non—Contingent Construction Contract — Satisfied February 2004 On February 23, 2004, DigitalGlobe entered into a binding, non—contingent contract with Eastman Kodak Company (*Kodak") for the construction of the Imaging Sensors for DizitalGlobe‘s next—generation EESS satelite system. That contract (‘the Kodak/ TTT Contract") was subsequently assigned to ITT in connection with ITT‘s purchase of Kodalk‘s Space Systems Division. On Aprl 29,2004, DigitalGlobe entered into a binding, non— contingent contract with Ball Acrospace & Technologies Corp. (‘Ball") for the construction of satelite bus for DigitalGlobe‘s next—generation EESS satellitesystem, including the integration of the Imaging Sensors to be built by Kodal/ ITT (‘the Ball Contract").. Because ofthe unique confidentiality and national security concerns thatexis in connection with its next—generation EESS satellitesystem, DigitalGlobe cannot provide copies ofeither the Kodak/ITT Contract or the Ball Contract. The FCC‘s intent in generally requesting that lcensees submit unredacted copies ofthe construction contractsfora lcensed system appears to be one ofensuring thatall preliminary steps have been taken so that each such contract "is one thatallows neither significant delays between the execution of the contract and the actual commencement of construction, nor conditions precedent to construction" (Paragraph 184 of the "First Space Station Licensing Reform Order®""). As demonstrated below, however, CDR forthe system was completed well over a year ago, and satelite construction has begun. There is therefore, no doubt that cither the Kodal/ITT Contract o the Ball Contract permits any significant delays or conditions precedent to construction, because satellte construction is well underway. * Amendment of the Commission‘s Space Station Licensing Rules and Policies, Airst Report and Order, 1B Docket No. 02—34, 18 FCC Red 10760 (2003).

In addition tothe foregoing, DigitalGiobe notes that the NextView Contract with NGA also obligates DigitalGlobe to meet certain clearly defined milestones with regard to satelite construction, launch, and operation. For specific information regarding the NextView Contract, please contact Cyndi Wright at NGA. Milestone 2: Completion of CritiealDesign Review Satisfed July 2004 Pursuant to Paragraphs 188 to 191 ofthe First Space Station Licensing Reform Order, and footnotes thereto, licensees bear the burden ofdemonstrating that they have performed the Critical Design Review ("CDR"), thereby completing Milestone 2. The Commission has not developed a specific rule or other guidance regarding how much information/ documentation is required to be presented in order to demonstrate compliance with this milestone. Therefore, DigitalGlobe offers as evidence ofCDR completion a copy of correspondence from the NGA, together with the applicable supporting milestone checklist, submited herewith as Enclosure A. The correspondence constitutes formal approval from NGA‘s Commercial Imagery Program Menager that in July 2004, DigitalGlobe completed the Satellite CDR and System Summary CDR pursuant to DigitalGlobe‘s contractual obligations to NGA. Ifyou require additonal information, please contact Cyndi Wright at NGA. The arguments as to why Enclosure A should not be made available for public inspection are provided in Enclosure D. Milestone 3:_Commencement of Physical Construction — Satisfied December 2004 Pursuant to the Pist Space Station Licensing Reform Order,at Paragraphs 192 and 193 and footnotes thereto, licensees bear the burden ofdemonstrating that the physical construction ofthe satelite has commenced, thereby completing Milestone 3. There is no specifi test for compliance with this milestone.. Rether, the Commission requires licensees "to provide

sufficient information to demonstrate toa reasonable person that they have commenced physical construction oftheir liensed spacecraf."(Fist Space Station Licensing Reform Order, Paragraph 193) DigitalGlobe offers, as evidence that the physical construction ofthe spacecraft has commenced, copies ofcorrespondence ffom NGA, together with the applicable supporting milestone checklists, submitted herewith as Enclosures B and C. The correspondence consttutes formal approval fom NGA‘s Commercial Imagery Program Manager that in December 2004, DizitalGlobe completed the "Telescope Assembly Started, Bus Integration Started part 2" and "Telescope Test Readiness review" milestones pursuant to DigitalGlobe‘s contractual obligations to NGA. These approvals conclusively demonstrate that construction ofthe Satellite has begun. Ifyou require additional information, please contact Cyndi Wright at NGA. The arguments as to why Enclosures B and C should not be made available for public inspection are provided in Enclosure D. Request for Deter n of Milestone Compliance Notwithstanding the foregoing, DigitalGlobe is prepared to filea full $5,000,000 bond as required by the Order. However, as evidenced by this etter and the information contained in enclosures hereto, DigitalGlobe has already completed three (3)ofthefive (5) milestones set forth in the Order. Accordingly,in accordance with the RCC‘s August 6, 2003 Guidance for Filing Bonds (Report No. SPB—187, DA 03—2602) and the First Space Station Licensing Reform Order, DigitalGlobe requests thatthe Commission: (1) certify that DigitalGlobe has fulfilled Milestones 1—3 and (2) reduce the bond required to be paid by DigitalGlobe.

«on + ++ Should you have any questions regarding the enclosed documents, please contact the undersigned at (703) 563—3090, x. 205 or DigitalGlobe‘s General Counsel, Ms. Bettina Eckerlc at (303) 684—4312. Respectfully submitted, DiatmtGrone,Inc. By: Kel J. Ri Mark], Pierson & Ritterpusch, LLP 2121 Cooperative Way, Suite 200 Hemdon, Virginia 20171 (703) s63—3000, x. 205 Counset. to DrorraLGtome, Inc. Bettina Eckerle General Counsel DigitalGlobe, Inc. 1601 Dry Creek Drive Longmont, Colorado 80503 Encrosures October 24, 2008

ENCLOSURE A Correspondence from the National Geospatial—Intelligence Agency (°NGA®) to DigitalGlobe on July 6, 2004 regarding Completion of CDR and [DigitalGlobe Internal Checklist Regarding Milestone Completion for NGA, Pursuant to Request for CONFIDENTIAL Treatment, dated October 24, 2005]

ax. r.co0s aczrm NATIONAL GEOSPATAL—INTELLIGENCE AGENCY st00 Sirginon fout nuat, hnd ramescon guty 6, 2004 Hezbert P. Satterles, IIT DigitaiGiobe, Inc. 1900 Pike mead Lengmont, Colozado 80501 Dear iz. Satteries, The purpose of this letter is to notify you of the National Geospatial—Intelligence Agency (NGA) Comercial Inagery Propran xanager‘s approval of the NextView Milestone 6: Satellite Critical Design Review (CDM) held June 22—25, 2004, at Ball Aerospace, Boulder, Colorado, and System Surmazy CDX held on June 26—30, 2004, at DigitaiGlobe in Lengmont, Colorado. the oviterie identified in the Statenent of fioek, Appondiz 0 ware met, so you aze authorized to proceed as planned. This letter serves as your authorization to submit an invoice for payment for Milestone 6. Sincerely, Aovtias A Jpakc Sangra S. Jecks NGN Comercial Imagery Program Manager

ENCLOSURE B Correspondence from the National Geospatial—Intelligence Ageney (°NGA") to DigitalGlobe on December 6, 2004 regarding Commencement of Telescope Construction and Bus Integration and [DigitalGlobe Internal Checklist Regarding Milestone Completion for NGA, Pursuant to Request for CONFIDENTIAL Treatment, dated October 24, 2005] 10

NATIONAL GEOSPATIALAINTELLIGENCE AGENCY i 59 Decenber 2, 2004 Hebert P. Satterlce, TIT DigitalGiobe, Inc. 1601 Dry Creek Road, Suite 260 Longmont, Colorado 80503 Dear iir. Satterice, The purpose of this letter is to notify you of the National Geospatial—Intelligence Agency (NGA) Comnercial Imagery Progran Manager‘s approval of the NextView Milestone Th: HVSO Telescope Assembly Started, Bus Integration Started part 2. The criteria identified in the Statement of Nork, Appendix C were met, so you are authorized to proceed as This letter serves as your authorization to submit an invoice for peyrient for Milestone Tb. deredus d. C Sandra 8. Jack NGA Comercial renote Sensing Management Authority 0 messammneroo 0 snoenson SMERRRATIImmcam REEWERcoonm ns omessnscmnone RMimennd inormeremertse 0 MERETELS

ENCLOSURE C Correspondence from the National Geospatial—Intelligence Agency (NGA®) to DigitalGlobe on July 6, 2004 regarding Telescope Test Readiness Review and [DigitalGlobe Internal Checklist Regarding Milestone Completion for NGA, Pursuant to Request for CONFIDENTIAL Treatment, dated October 24, 2005] 12

NATIONAL GEOSPATIAL—INTELLIGENCE AGENCY 4 Aecomted J 30—M6venber 2004 Herbert F. Satterlee, IHH DigitaiGiobe, Inc. 1601 Dry Creek Road, Suite 260 Longmont, Coloredo 80503 pear Mtr. Satterlee, The purpose of this letter is to notify you of the National Geospatial—Intelligence Agency (NGA) Commercial Inagery Progran Manager‘s approval of the NextView Milestone 8: WW6O Telescope Test Readiness Review. The criteria identified in the Statement of Hork, Appendix C were met, so you are authorized to proceed as planned. This letter serves as your authorization to submit an invoice for payment for Milestone 8. dam ic +. Jack— Bandra 8. Jacks N Comercia Renote Sensing wanagement Authority emsvomneroo n EDNMStmesm mevsonroc 0 RETRESrences wan o mesinstmusrome 0 ienneremeense ut fpersed MEXA RSc

ENCLOSURE D [DigitalGlobe Request for CONFIDENTIAL Treatment of DigitalGlobe Internal Checklists within Enclosures A, B, and C of Request for Determination of Compliance with Satellte Implementation Milestones, dated October 24, 2005] 14


Document Created: 2005-11-14 15:32:17
Document Modified: 2005-11-14 15:32:17
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