Attachment ORDER

ORDER

DECISION submitted by FCC,IB

ORDER

2005-04-27

This document pretains to SAT-PDR-20050110-00024 for Petition for Declaratory Ruling on a Satellite Space Stations filing.

IBFS_SATPDR2005011000024_428913

                                Federal Communications Commission                          aos— uiss

                                             Before the
                                Federal Communications Commission
                                      Washington, D.C. 20584
1CO Satellte Services G.P.

Application for Modification ofAuthority
                                                   ))   IBFS No. SAT—MOD—20050110—00004
For Use of2 GHz Bands to Provide Mobile            )
Satellite Service                                  )
                                                   )
Petition for Declaratory Ruling or Waiver          )    IBFS No. SAT—PDR—200501 10—00024


                                               ORDER
Adopted: April 27, 2005                                         Released: April 27, 2005

By the Chief, Satellite Division, Intemational Bureau:

        1.     On April 11, 2005, 1CO Satellite Services G.P. ("1CO®) filed a request to modify
the ex parte status of the proceeding concerning disposition of the above—referenced application
for modification of its reservation of spectrum in the 2 GHz MSS frequeney. bands.
Specifically, ICO asks that the proceeding be designated as "permit—but—disclose" for purposes of
the Commission‘s rules governing ex parte communications.
        2.     1CO filed the above—captioned application and petition for declaratory ruling on
January 10, 2005. Both filings were placed on public notice on February 4, 205. ‘ The Boeing
Company filed comments on the application and the petition.
        3.      1CO notes that Section 1.1206(a)3) of the Commission‘s rules routinely classifies
declaratory ruling proceedings as "permit—but—disclose," while application proceedings are
routinely classified as "restrieted"under Section 1.1208. ICO maintains that it would serve the
public interest to designate the proceeding with respect to its modification application as permit«
but—disclose in order to harmonize the proceeding‘s ex parte status with the status of the
interrelated declaratory—ruling proceeding to facilitate discussion of complex technical, legal, and
policy issues with the Commission‘s staff. Bocing, the only party that filed comments or
pleadings pertaining to the modification application or the petition for declaratory ruling, has
aised no objection to ICO‘request to de—restrict the application proceeding.




‘ FCC Public Notiee, Polcy Branch Information SatelteSpace Applications Acceptedfor ilng, Rep. NoSKT—
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                             Federal Communications Commission                      pa os—11ss



        4.    For the reasons stated by ICO, we find it in the public interest to modify the ex
parte status of the modification application proceeding from "restricted" to "permit—but—
disclose."
        5..   Accordingly, IT IS ORDERED, pursuant o Sections 0.261, 1.1200(@), and 11208
of the Commission‘s rules, 47 C.FR. §§.0.261, 1.1200(a), and 1.1208, that the proceeding with
respect to 1CO‘s modification application, IBFS No. SAT—MOD—20050110—00004, 18 RE—
DESIGNATED as permit—but—disclose.
       6.     This order is effective upon release.

                                             FEDERAL COMMUNICATIONS COMMISSION


                                           %@%w Sfl/a"’b/
                                           Thomas S. Tyez
                                           Chief, Satellite Division
                                           Interational Bureau



Document Created: 2005-04-26 15:46:42
Document Modified: 2005-04-26 15:46:42

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