Attachment Open Range - Grant j

Open Range - Grant j

DECISION submitted by IB,FCC

gr

2011-01-20

This document pretains to SAT-STA-20110106-00003 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2011010600003_861780

$2115 SAT—STA—20110106—00003 182011000051 |_—. | | N | File # SBTtT— smh— 2o0itol 66— 00003 Open Range Communications 1 | calsh: CrfBne ol/20/ 1| E t (or other identifiet) g nesots Term Dates v Approved by OMB | irepr IroufEIEEL h /o/it To: O% /\\‘ 3060—0678 AIN| EL t //éfié/ /Xfl&é,fl Date & Time Filed: Jan 62011 3:12:51:403PM f en siemmad| * Approved: 1C1 mremnsrmernen1Cl 1 0 244. x J MC;/T us »Etotth conditions lep y 2. es _ File Number: SAT—STA—20110106—00003 Callsign: Chief, Satellite @licyg Branch FEDERAL COMMUNICATIONS COMMISSION APPLICATION FOR SPACE STATION SPECIAL TEMPORARY AUTHORITY FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: Request for 60—day extension of Special Temporary Authority 1. Applicant Name: Open Range Communications Phone Number: 303—376—2113 DBA Name: Fax Number: 303—376—2109 Street: 6430 S Fiddlers Green Circle E—Mail: dan@openrange.us Suite 500 City: Greenwood Village State: CO Country: USA Zipcode: 80111 — Attention: Mr Daniel R Vortherms

Attachment Open Range Communications Inc. Request for Extension of Temporary Authority IBFS File No. SAT—STA—20110106—00003 The request by Open Range Communications Inc. for extension of Special Temporary Authority to continue providing terrestrial service in the 2483.5—2495 MHz frequency band for 60 days, from February 1, 2011 to April 1, 2011, IS GRANTED subject to the conditions prescribed in DA 10—1740 (rel. September 14, 2010) at Paragraph 54 and DA 10—1801 (rel. September 23, 2010) at Paragraph 5(b). This action is taken pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective immediately. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission‘s rules, 47 C.F.R. §§ 1.106 and 1.115, may be filed within 30 days of the date of the public notice announcing this action. Tile # SAT—STA~20{I0!OG— coco3 Call Sign Grant Date_O1/20/11 | (or otheridentifier) s# Torm Dates vte ; .I';’(::*;}'__QZ/OI /ll To: O4 /O( /H I s LOVCLU, 1. P.a Duall Ewith condiffions Steprey/3 C,\\‘\efl Sq*el\i)fe Po\‘l(fi Branch

2. Contact Name: Mr Daniel R Vortherms Phone Number: 303—376—2113 Company: Open Range Communications Fax Number: 303—376—2109 Street: 6430 S. Fiddlers Green Circle E—Mail: dan@openrange.us Suite 500 City: Greenwood Village State: CO Country: USA Zipcode: 80111 — Attention: Relationship: (If your application is related to an application filed with the Commission, enter either the file number or the IB Submission ID of the related application. Please enter only one.) 3. Reference File Number SATSTA2010062500147 or Submission ID 4a. Is a fee submitted with this application? ) IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). C Governmental Entity C Noncommercial educational licensee q4 Other(please explain): 4b. Fee Classification CXW — Space Station (Non—Geostationary) 5. Type Request £4 Change Station Location & Extend Expiration Date £34 Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 2011—04—02 00:00:00.0

8. Description (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) Open Range requests an extension of Special Temporary Authority to continue operating Ancillary Terrestrial Component facilities on spectrum licensed to Globalstar Licensee LLC. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @, Yes gy No to a denial of Federal beneffits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act of 1988, 21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. See 47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes. 10. Name of Person Signing 11. Title of Person Signing Dan Vortherms VP Technology 12. Please supply any need attachments. Attachment 1: Request Attachment 2: Attachment 3: WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).

ECC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. If you have any comments on this burden estimate, or how we can improve the collection and reduce the burden it causes you, please write to the Federal Communications Commission, AMD—PERM, Paperwork Reduction Project (3060—0678), Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects of this collection via the Internet if you send them to PRA@fcc.gov. PLEASE DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember — You are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060—0678. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

DrinkerBiddle&Beath Joe D. Edge Partner 202—842—8809 Direct 202—842—8465 Fax joc.edge@dbr.com Law Offices January 6, 2011 1500 K Street, N.W. Washington, DC 20005—1209 202—842—8800 phone VIA IBFS 202—842—8465 fax www.drinkerbiddle.com Ms. Mindel De La Torre CALIFORNIA Chief, International, Bureau DELAWARE ILLINOTS Ms. Ruth Milkman NEW JERSEY Chief, Wireless Telecommunications Bureau NEWYORK PENNSYLVANIA WASHINGTON DC Mr. Julius Knapp WISCONSIN Chief, Office of Engineering and Technology Federal Communications Commission 445 Twelfth Street, S.W. Washington, DC 20554 Re: Open Range Communications Inc. Request for Extension of Special Temporary Authority SAT—STA—20100625—00147 Dear Ms. De La Torre, Ms. Milkman, and Mr. Knapp: Open Range Communications Inc. ("Open Range") hereby respectfully requests extension of its existing Special Temporary Authority ("STA") for a period of 60 days commencing February 1, 2011 to continue operating on the Globalstar spectrum (2483.5 to 2495 mHz) in accordance with the terms of its existing authority to permit time for the Bureaus to act on Open Range‘s request for a 180 day extension of its existing authority. The facts and circumstances justifying the extension are set forth in Open Range‘s 180 day extension request. In summary, on September 14, 2010 the Commission denied Globalstar‘s request for extension of the ATC gating criteria compliance dates, but granted Open Range Special Temporary Authority to continue its operations on the Globalstar ATC spectrum for a limited period.‘ The Bureaus, in the Open Range ST4 ‘ Globalstar Licensee LLC, Applicationfor Modification ofLicense to Extend Datesfor Coming Into Compliance with Ancillary Terrestrial Component Rules, File No. SAT—MOD—20091214—00152 and Open Range Requestfor Special Temporary Authority, File No. SAT—STA—20100625—00147, Order (DA 10— 1740)(IB, WTB, OET}(REL. September 14, 2010); Order on Reconsideration, Open Range Request for Special Temporary Authority, File No. SAT—STA—20100625—00147, Released September 23, 2010 (DA 10— 1801) ("Reconsideration Order"). Established 1849 DCQOI/ 2624125.1

DrinkerBiddle&Reath | January 6, 2011 Page 2 and Reconsideration Order, granted Open Range Special Temporary Authority to continue to operate and expand its network to a defined list of markets through January 31, 2011. The Open Range STA and Reconsideration Order require Open Range to submit monthly reports on the status of its efforts to secure alternative spectrum and to comply with the other commitments made by Open Range in seeking an STA. These commitments include limiting its build—out to a defined list of markets, compliance with all limitations and restrictions in its RUS loan agreement relating to the payment of dividends and distributions, payment of lease payments that would otherwise be due to Globalstar under the parties‘ spectrum lease instead to the U.S. Treasury as a voluntary contribution, and the submission of monthly reports on the status of its efforts to secure alternative spectrum. As detailed in its 180 day extension request, Open Range has complied with all of the conditions and undertakings set forth in the Bureaus‘ STA grant and in the letters submitted by Open Range. In light of Open Range‘s compliance and its substantial efforts to date in securing alternative spectrum, an extension of the Special Temporary Authority to permit time for action on Open Range‘s 180 day extension request is justified. W Respectfully submitted, Op%l Range Compunications Inc. by its attorney Joe D. Edge


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Document Modified: 2019-04-19 12:40:34
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