Attachment certification

certification

SUBMISSION FOR THE RECORD submitted by New ICO

certification

2006-07-18

This document pretains to SAT-MOD-20050926-00182 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2005092600182_515660

July 18,2006 Writer's Direct Contact 202.887.1510 RECEIVE CTritt@mofo.com JUL 1 8 2006 By Hand Delivery wml Communications Commlssor. Mice of S e C r W ~~~~~~~~~ Marlene H. Dortch Secretary JUL I Federal Communications Commission 445 12'h Street, S.W., Room TW-A325 Washington, D.C. 20554 Re: New I C 0 Satellite Services G.P. File No. SAT-MOD-200501 10-00004, SAT-MOD-20050926-00 182, SAT-AMD- 20050927-001 86, and SAT-AMD-20060505-00054 Call Sign S2561 Dear Ms. Dortch: Pursuant to Section 25.143(e)(3) of the Commission's rules,' New I C 0 Satellite Services G.P. ("ICO") submits the attached certification of completion of the milestone to "complete coordination of physical operations of the satellite, and file any modification applications necessitated thereby.''2 This certification is based upon ICO's completion of physical coordination of its satellite at the proposed orbital location of 92.85" W.L. As stated below, IC0 has determined that its proposal to operate at 92.85" W.L., a 0.15" offset from 93" W.L., will avoid the need for further physical coordination with other satellites. By way of background, I C 0 is authorized to operate a geostationary satellite orbit ("GSO") satellite at 91" W.L., but has pending before the Commission a modification application, as amended, to provide for satellite operation at 92.85" W.L. in lieu of 91" W.L. As initially filed on September 26, 2005, the modification application ("Application") proposed to provide for satellite operation at 93" W.L. in lieu of 91" W.L. In that Application, I C 0 concluded that it would be necessary to coordinate with Intelsat, one of whose satellites is located at 93" W.L., in order to mitigate the possibility of collision with the I C 0 ~ a t e l l i t e . ~ ~~ * 47 C.F.R. Q 25.143(e)(3). See I C 0 Satellite Services, G.P., 20 FCC Rcd 9797,IT 32, 38 (IB 2005). See Application, IBFS File No. SAT-MOD-20050926-00182, at I8 (Sept. 26,2005).

MORRISON FOERSTER Marlene H. Dortch July 18,2006 Page Two Subsequently, I C 0 conducted physical coordination discussions with Intelsat and determined that operation at a 0.15" offset from 93' W.L. (Le., at 92.85" W.L.) will avoid the need for further physical coordination with other satellites. Accordingly, on May 5,2006, I C 0 filed an amendment ("Amendment") to its modification application to provide for satellite operation at 92.85" W.L. in lieu of 93" W.L.4 As I C 0 stated in its Amendment, an offset of 0.15" between the nominal orbital positions of the Intelsat and I C 0 satellites is more than sufficient to ensure that no physical collision between the two satellites is possible.' Consequently, I C 0 believes that it has completed coordination of the physical operations of its satellite at the proposed 92.85" W.L. orbital location6 and that it has filed the necessary modification application^.^ Intelsat filed a petition to deny the amendment, opposing ICO's request to use C-band frequencies at 92.85" W.L., but it did not state a basis for opposing ICO's request to use non- C-band frequencies at 92.85' W.L. or to the requested change from 93" W.L. to 92.85' W.L. for physical coordination purposes. See Intelsat Petition to Deny at 1, 4 (May 22,2006). ' See I C 0 Amendment, IBFS File No. SAT-AMD-20060505-00054, at 2 (May 5,2006). I C 0 acknowledges that Commission confirmation of ICO's milestone compliance does not constitute authorization to operate at the 92.85' W.L. orbital location requested in the pending Application, as amended. Any such authorization would be effective only upon grant of the Application. ICO's completion of coordination of the physical operations of its satellite at the proposed 92.85" W.L. orbital location is sufficient for milestone purposes. See The Boeing Company, 18 FCC Rcd 12317,y 28, n.56 (IB & OET 2003) ("That Boeing arranged for construction of the GSO satellite proposed in its license-modification application, rather than the NGSO satellites for which it had license authority as of the milestone deadline date, is not a material deficiency, given our favorable disposition of the application for modification.. ..Had we denied the request for license modification, on the other hand, we could not have found that Boeing's arrangements for construction of a GSO system satisfied the first milestone requirement."). In the event that the Commission determines that I C 0 is required to complete coordination of the physical operations of its satellite at its currently authorized 91" W.L. orbital location, rather than at the proposed 92.85" W.L. orbital location, I C 0 requests a waiver or an extension of time to meet the milestone. The Commission may waive its rules upon a showing of "good cause." See 47 C.F.R. 3 1.3. Specifically, the Commission may waive a rule if the relief requested would not undermine the policy objective of the rule and otherwise would serve the public interest. See WAIT Radio v. FCC, 41 8 F.2d 1153, 1157 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972). Grant of a waiver would serve the public interest by simplifying ICO's coordination efforts with other satellites and allowing dc-455666 - -. -n-----------

MORRISON FOERSTER Marlene H. Dortch July 18,2006 Page Three Please direct any questions regarding this matter to the undersigned. Cheryl h.Tritt Attachment cc: Cassandra Thomas Karl Kensinger Andrea Kelly I C 0 to implement its 2 GHz mobile satellite service system and provide service to the public in a timely manner. dc-455666

JUL 18 ‘06 13:19 No.007 P . 0 1 !I RMPBELLS RESORT SFlLES ID:509-682-3441 IIV. vi> 1. 1 CERTIFICATION Pursuant to Section 25,143(~)(3)of the Ccmmissian’s roles, I, Dennis Schmltt, cedfy under penalty of perjury hat: 1. 1 MI a Senior Vice. Frcsidont of IC0 Ulobal Conm~nicatione(IIoldiirign) Lindted, the ultimate pmnt of Ne.w IC0 Setcllite Serviks 0,P. (“ICO”). 2. To the best.of my knowlcdgc, irlformation, and bdief, IC0 has completed coordinatioh of the physical operations of its satdllte and hap filed th6 modification applications necessitated thereby, Dennis Schmitt


Document Created: 2006-07-25 16:21:25
Document Modified: 2006-07-25 16:21:25
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