Attachment Open Range - Grant M

Open Range - Grant M

DECISION submitted by IB,FCC

GR

2011-03-17

This document pretains to SAT-STA-20110106-00004 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2011010600004_876514

"| ie# S$DT—S—20110106— 0006 4_ Call Sign Grant Date OS /7 /11 {or other identifier) Term Dates M‘Oj of Approved by OMB nf From O4/62/11 To: _1%0 days 3060—0678 International Bures : 4 i%’ MZ Date & Time Filed: Jan 6 2011 3:13:07:760PM f “‘&R"”Td“‘?"fl“ Approved: 7 &:Den File Number: SAT—STA—20110106—00004 ¥iwwnh Conditions CSPefi'67&‘fellite ‘;“, Erorch Callsign: 6. saleuile rolichy 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 180—day extension of Special Temporary Authority 1. Applicant Name: Open Range Communications Phone Number: 303—376—2113 DBA Name: Fax Number: 203—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 Special Temporary Authority IBFS File No. SAT—STA—20110106—00004 The request by Open Range Communications Inc. for Special Temporary Authority to continue providing terrestrial service in the 2483.5—2495 MHz frequency band for 180 days, commencing April 2, 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 # SBI—STA— 20110 10G— 00004 Call Sign Grant Date O3/17/11 (or other identifier) j Term Dates Péritd of From O4/02/11 To 180 daflg . al Bureau g Approved: R * with condifions . 3 ephen 3. Dual) Chief, Satellite Policy 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? «34 IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). £34 Governmental Entity ¢4 Noncommercial educational licensee @ Other(please explain): The fee has already been submitted. 4b. Fee Classification —CXW — Space Station (Non—Geostationary) 5. Type Request «3 Change Station Location € Extend Expiration Date g4 Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 2011—07—31 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 Licensgee LLC. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes «y No to a denial of Federal benefits 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).

FCC 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 Partaer 202—842—8809 Direct 202—842—8465 Fax joe.edge@dbr.com Law Offices 1500 K Street, N.W. December 29, 2010 Washington, DC 20005—1209 202—842—8800 phone 202—842—8465 fax www.drinkerbiddle.com Ms. Mindel De La Torre Chief, International Bureau CALIFORNIA DELAWARE WLINONS Ms. Ruth Milkman NEWJERSEY _ Chief, Wireless Telecommunications Bureau NEWYORK PENNSYLVANIA Mr. Julius Knapp WASHINGTON DC Chief, Office of Engineering and Technology WISCONSIN 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 180 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. On September 14, 2010, the Commission denied Globalstar‘s request for extension of the ATC gating criteria compliance dates, but granted OpenRange Special Temporary Authority to continue its operations on the Globalstar ATC spectrum for a limited period.‘ The Bureaus, in the Open Range STA 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. ‘ 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 Requestfor Special Temporary Authority, File No. SAT—STA—20100625—00147, Released September 23, 2010 (DA 10— 1801) ("Reconsideration Order"). Established 1849 DCOI/ 2621012.1

DrinkerBiddle&Reath December 29, 2010 Page 2 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. 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. Although Open Range has executed a Letter of Intent ("LOI") with one potential spectrum partner, Open Range needs additional time to reach definitive agreements with this partner and to continue discussions with remaining potential partners and plan the transition of its customer base to new spectrum. In light of Open Range‘s compliance and its substantial efforts to date in securing alternative spectrum, an extension of the Special Temporary Authority previously granted is justified. Open Range‘s compliance efforts are detailed below. Efforts To Secure Alternative Spectrum Open Range‘s efforts to secure alternative spectrum are set forth in detail in monthly reports Open Range filed on October 1, November 1, and December 1, 2010. Importantly, as reported on December 1, 2010, Open Range has executed an LOI with one potential partner providing for a series of agreements governing access to spectrum and other arrangements needed to implement service. In addition, the company is also actively pursuing alternative spectrum arrangements with a variety of other potential spectrum partners. To date Open Range has conducted discussions with potential spectrum partners related to seven possible spectrum arrangements in different spectrum bands. Open Range will continue these efforts until its spectrum needs are fully met. In the context of these ongoing efforts Open Range is also planning for possible alternative transition strategies for its customer base. Because the discussions now underway concern differing spectrum bands having differing equipment solutions, Open Range is considering how a transition can best be effectuated in each of these bands. Certain alternatives would require more significant equipment changes than other alternatives and Open Range is taking this into account in its consideration of spectrum alternatives.

DrinkerBiddle&Reath December 29, 2010 Page 3 Compliance with FCC Conditions Beyond its efforts to secure alternative spectrum and to plan the transition of its customer base, Open Range has also complied with the other requirements of the Commission‘s orders and Open Range‘s undertakings in seeking the STA. First, Open Range has agreed to make voluntary contributions to the Federal Government representing the lease payments it would have paid Globalstar had the leasing arrangement continued. Open Range has already paid lease charges for September, October, and November, 2010. Open Range‘s lease payments through November 30, 2010 total $99,341.00. In addition, Open Range is in compliance with all limitations and restrictions in its RUS loan agreement related to the payment of dividends and distributions. Finally, Open Range has limited its deployment to less than the 1,816,085 households provided for in the Bureaus‘ grant of STA authority. As of this time, Open Range is serving 23,267 customers and its network covers approximately 898,880 households or approximately 2,337,088 million pops. In summary, Open Range‘s efforts to secure alternative spectrum are well underway as evidenced by the signing of an LOI with one of its potential spectrum partners. In addition, Open Range is in compliance with all of the undertakings and requirements provided for in Open Range‘s request for Special Temporary Authority and the Bureaus‘ grant of that authority. Additional time will enable Open Range to select a spectrum partner or partners, and negotiate agreements with those partners. Affording this additional time to Open Range will serve the public interest by continuing and expanding the availability of wireless broadband services in rural areas of the United States. Wherefore, Open Range respectfully requests that the Bureaus extend Open Range‘s existing Special Temporary Authority for an additional 180 days. Open Range understands that it will continue to be bound by the conditions and undertakings applicable to its existing Special Temporary Authority. Respectfully submitted, /)&e D fae [PY Opeange Commuinicationd Inc. by its attorney Joe D. Edge


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Document Modified: 2019-04-20 05:22:40
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