Attachment withdrawal

withdrawal

WITHDRAWAL submitted by DigitalGlobe

withdrawal

2006-02-23

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

IBFS_SATMOD2004072800151_484438

                                                                   coPY 4

                                 Before The
           FEDERAL COMMUNICATIONS COMMISSION
                    Washington, D.C. 20554 Received

In the Matter of                 )
                                 )
DigitalGlobe, Inc.               )
                                 ) File No.SAT—MOD—20040728—00151
                                 ) Call Sign: 2129
Modification of Authorization )
to Construct, Launch and         )
And Operate a Remote—           )
Sensing Satellite System        )


To:   Secretary, Federal Communications Commission,
      Washington, D.C. 20554


MOTION TO WITHDRAW PETION FOR RECONSIDERATION OF
               BOND REQUIREMENT

DigitalGlobe, Inc. ("DigitalGlobe"), licensee under the above referenced file
number, hereby moves to withdraw the "Petition for Reconsideration of

Bond Requirement Among Other Matters Provided in FCC Order and
Authorization, DA 05—2640%, filed by Digital Globe on October 31, 2005

(the "Petition for Reconsideration"). For the reasons set forth below,

DigitalGlobe believes the issues raised in the Petition for Reconsideration

with regard to DigitalGlobe are now moot and that the broader policy issues

raised by the Petition for Reconsideration are better addressed through



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petition for amendment to rules and regulations in accordance with 47

C.F.R.§ 1.401, to be filed at a later date.



      In the Petition for Reconsideration DigitalGlobe requested that the

Commission waive certain bonding requirements set forth in Order and

Authorization DA 05—2640 or, alternatively, make a determination that the

required bond amount should be the $3,000,000 amount applicable to GSO—

like satellites as opposed to the $5,000,000 required for the NGSO satellites.
DigitalGlobe also requested that the Commission determine that the launch

of the first satellite in a multi—satellite NCSO remote sensing satellite system

be deemed to satisfy the final milestone requirement of bringing the licensed

system into operation.



      Since filing the Petition for Reconsideration, DigitalGlobe has moved

forward with posting a bond in the amount of $5,000,000 to ensure license
continuity and has filed evidence of milestone completion that should allow

reduction of the bond to $2,000,000.     Accordingly, the issue of whether

DigitalGlobe is required to post a $5,000,000 in this particular case is now
moot. DigitalGlobe continues to maintain that the bonding requirement

should not apply at all to licensed systems that are already required to



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provide other assurances of financial stability and intent to construct by

virtue of contracts with U.S. Government agencies, but DigitalGlobe is of

the opinion that this broader issue is now best addressed through the

rulemaking process. In addition, DigitalGlobe recognizes that the request

for a determination offinal milestone completion by DigitalGlobe is

premature since DigitalGlobe has not yet launched the first satellite of the

Hicensed system. As with the issue of bonding requirements, DigitalGlobe

intends to pursue review of the broader policy issues relating to requirement

for final milestone completion through the Commission‘s rulemaking

procedures.



        For good cause shown, DigitalGlobe respectfully requests that this

Motion to Withdraw the Petition for Reconsideration be granted.

                                 Respectfully Submitted,

                                 DIGITALGLOBE, INC.



                                 By:      ztéf/i 42& a ? C/(/LFQ
                                       Bettina Eckerle
                                       General Counsel
                                       DigitalGlobe, Inc
                                        1601 Dry Creek Drive #260
                                       Longmont, CO 80503
                                       303.684.4312




qseoonmoray



Document Created: 2006-02-23 17:42:31
Document Modified: 2006-02-23 17:42:31

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