Attachment Milestone

Milestone

LETTER submitted by WB Holdings 1, LLC

Milestone

2006-10-25

This document pretains to SES-MFS-20060811-01347 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2006081101347_534401

HaRRIS, CE ) 1200 novmeenm smeen, tw "a wnsiavcron, oc 200%6 WTetepr s recrormoie eecaormoot Jov 0 2 zons inonememnuntcom O sno ( sion arromes ar w «i Bureau October 25, 2006 FILED/ACCEPTED BV HAND DELIVERY OCT 2 5 2006 Marlene H. Dortch Secretary Federal Communications Cot 445 Twelfth Street, S.W. Washington, DC 20554 Re: WB Holdings LLC Milestone Showing and Waiver Request SES—MFS—200 811—01347 (E0s0033) Dear Ms. Dortch: As part of the modific on granted earlier today of the above referenced blanket earth station authorization} thel ‘ommission imposed a condition ied to progress toward the construction and launch of ie WildBlue—1 satellite ("WB—1"). This condition requires the posting of a perfor ance bond by November 24, 2006. As the earth station lie see, WB Holdings 1, LLC (*WBH),has informed the Commission,this satellite is y constructed and will be shipped to the Arianespace facility in Kourou, French Gui a during the first week of November. Launch is scheduled for December 8, 20 . Of necessity, hree ofthe four milestones have been achieved and the final miléstor —leunch and operation — is scheduled to occur just two weeks after the bond to asjure erformance is scheduled to be posted. Attached to this Whive iRequest is documentation to demonstrate satisfaction of the contract execution, Critical esign Review (°CDR"), and commencement of physical construction milestones. Acco ingly, WBH requests that the Commission make a determination that these milest incsfor this satellite have been satisfied and that posting of the bond with respect to th milestones is not required. In addition,in light of t k evidence submitted herewith that the satellite is flly constructed, preparing for bhi ent, and proceeding along a campaign toward a scheduled December 8 launich, BH also requests that the Commission waive the requirement that WBH post a rformance bond with respectto the launch and operate

Hawus, Wirtsume & Gitw ue Marlene H. Dortch October 25, 2006 Page2 o4 milestone. To the extent heo ary, WBH also requests that the Commission waive the requirement that it post a per ance bond with respect to any of these four milestones while this application is pend g, and that such a ruling be issued on an expedited basis in advance ofthe November 24 i date for posting the bond. « Earlier today, the Co authorizes WBH to deploy sit authorization requires WBH demonstrate with respect to WB—1 that (1) a binding construction contract has beei xecuted by October 10, 2007,(2) the CDR has been completed by October 10} 20 . (3) physical construction has commenced by October 10, 2009,and (4) launch and bp ion has been accomplished by October 10, 2011. As the attached materials show, WBI has already completed the frst three of these milestones well in advance ofthe establi ied deadlines and the final milestone will be completed in a matter of weeks. Specifically, attached hergto + A copy of a Public Nof lcdated June 18, 2002 confirming the Commission‘s prior finding that the hnstruction commencement milestone for WB—1 — defined as execution of a satis etory construction contract —has been satisfied. See Public Notice, Rep. N SPB—179, 17 FCC Red. 11271 (Int‘l Bur, 2002). * The Declaration of K. Bhat, Executive Director of the WB—1 Program at Space Systems/Loral, confi ing that the construction contract remains in effect, CDR has been completal, p sieal construction ofthe satellite has been completed, and the satellite is being p ared for shipment on November 2, 2006 to the Arianespace launch fa lity in Kourou, French Guiana for a scheduled December 8, 2006 launch. + A letter from Chrigtopt Bardou, Arianespace‘s Program Director for WB—1, confirming that Ation pace has begun the launch campaign for WB—1 to support a scheduled launch on Ariane ECA rocket on December 8, 2006 Collectively, these materials ionstrate that the WB—1 milestone obligations have been satisfied with respect to contr ting, CDR, and commencement (not to mention completion) of physical consi ction. WBH respectfully requests that the Commission review the attached materials d enter a finding that thfirst three milestones set forth in the blanket earth station abthot zation have been satisfied. +. See Public Notic, Rep. NQ.SB coser (Oct 25, 2009)

Bs Wicrsume & Gi Marlene H. Dortch October 25, 2006 Page 3 ofd In addition, given BH is required to post a performance bond of $3 million by November 24, 2006 t e compliance with three milestones that have already been achieved and a fourth that expects will be satisfied within two weeks thereafter, WBH submits that a wai the bond requirement would also be appropriate. The Commission ive itsrules where there is good cause to do so, as in cases where specialcire ces warrant a deviation from the general rale and such deviation would bettes i public interest than would striet adherence to the general rule." WBH presents just a case here. As the Commission stated when it adopted the milestone requirement }ilestones are intended to ensure that licensees provide service to the public in a manner, to prevent warchousing of scarce orbit and spectrum resources."" Sit y, the Commission adopted a performance bond requirement in the exp that, "(bly requiring satellte licensees to make a financial commitment to construct unch their satelites, we help deter speculative satelite applications, and help ex provision of service to the public."* Given that the W rellite is fully constructed and scheduled to be launched imminently, there is no n enforce a performance bond requirementto deter speculation or ensure tim of valuable orbitalspectrum resources. There simply is no danger that cither of tese ncems will come to pass,and thus a waiver would in no way undercut the purpos ofi k rule. On the other hand, WBH would incur considerable transaction costs to secur an ost a bond — a significant hardship for a start—up company. In these clxcullL'st es, the public interest would be better served by waiving the bond requirement rat strietly adhering to a rule whose purpose has already been achieved. For the foregoing s, WBH respectfully requests that the Commission (1) find that the contracting, and commence construction milestones for WB—1 have been satisied, and (2) wal ie performance bond requirement for good cause shown. To the extent necessary, also requests that the Commission issue an expedited waiver ofthe bond requirg for so long as this application is pending, so as t avoid even an arguable technic ult under the license for failure to post bond by November 24, 2006. 50 Seed7 CBR $ 13; Nort es ellaarTelphone Co. v.FCC, 97 Fad 1166 (D.C. Cir, 1990); Wat Redov FCC,418 Ead 1 s C. C1969); Telesat Canada, 17 FCC Red. 25287, 25292 and n 36 (IntBur.2002)(ctng c «o See Anendnentofthe Co mis n‘ Space Staton Licensing Rules and Polices, 18 CC Red. 10760, roser 2002 ts

Hams, Wiursuiee & Gi ue Marlene H. Dortch October 25, 2006 Paged of4 If you have any qbéstijns, please do not hesitate to contact undersigned counsel. Sincerely yours, William M. Wiltshire Counselfor WB Holdings 1, LC Enclosures ces Robert Nelson Andrea Kelly Scott Kotler

$ FILED/AccEPTEp " ocT 2 6 2006 FitenlOonvencatesComniin OlecteSacnay WitpBive RECEIVED David M. Brom Sonir Viee Prosident and Gonaral Counsol NoV 0 2 2006 Drect reoss¢—rant Satelite Dvision dbroun@widluecors.com InternatonalBureas October 26, 2006 BY HAND DELIVERY Marlene H. Dortch Secrctary Federal Communications 445 Twelfth Street, S.W. Washington, DC 20554 Re:— WB Holdit LLC Milestone Showing and Waiver Request SES—MES s11—01347 (eosoo23) Dear Ms. Dortch: On October 25, 2 06, WB Holdings 1, LLC ("WBH) filed a milestone showing and request for waiver off the ferformance bond requirement in connection with the above referenced authorization. As @videnced by a declaration from Space Systems/Loral (°SSL") attached to that Hing] Critical Design Review ("CDR") of the WildBlue—1 spacecraft was successfull pleted on July 25, 2000, and all construction is now complete. In further support t fling, WBH hereby certifiesthat the WildBlue—1 spacecraft constructed byi upon which it conducted the CDR, was designed to operate with the paramet mitted in WBH‘s modification application in the above referenced proceeding. Sincerely yours, Qamazt M. Rawy! David M. Brown Smd Senior Vice President and General Counsel WildBlue Communications, Inc. 5070 Green Plika Boutevart, Sute 300 Greennood Vilage, C0 80t11 Pij reosse—7400 raxc rzosse—rs00

F€ PUBLIC NOTICE Federal Communications Gommission 445 12th St. S.W. | Nes Mecia informaton 2o2 tsos00 intemet htp hn tsogor Washington, D.C. 20558 mevassassie al Bureau Satelite Division Information: First Roud Band Licensee Compliance with Construction Implementation Milestone Report No: SPB—179 pa: or142 June 18, 2002 In May 1997,te Interdatioght Buresu lcensed 13 applicans to Iunch and operte stelite systems that would provide Axédsafilit serviein portions of the Ka—band. Theseauthoriztions were grantedas partof the first Ka—band ffocessing round. n December 2000 and January 2001, the Bureau modifiedthfrstround authorieaiags of eight geostationary satellte orbit (GSO) and one non— geostationiry satelt orbit (NGSO)Ratelitesystems. The modifications included the assignment of implementation milestones for the egnstruction, Ininch, and opertion of the satelit systems. The Hicenses providethatfalureto neetfny ofthe implementation milestoneswill render the satellite authoriztions mulland void. The Figg implementation milestone requires GS0 licensees to beain construction of heir s stelite wifhin one year ofthe granto ts authoriation, and NGSO licenseesto begin construction ohefstto sifelits in its constelation within one year ofgrant, To determine whether the eensees have compliedwith he construction commencementmilestone, the Buresu requested tat ach licensee submit executed copy ofits construction contrct, verfying that constriction has commenced aid thijthe satelite(s) willbe bilt within the time frame specifed n the license. Upon review oftheic submited, the Bureau concludes thatthefllowing Ka—band licensees have satisied thir cohstrigtion commencement milestones CyberStar Licensee LLC File Nos. 109—SAT—PLA—95; 102/10}—SAT—AMEND—9; 103/1047105—SAT—ML—98 ‘ Motorola,In.hasrequeted an dten n of the construction commencement mlestone, File No SAT—MOD— 2002131—00012. Thi appleation fope ing. T a separiteorde elased on th bove dat, the Diviin grans Astolink IntemationalLLC a waite o is implementation milestonc. See Astolik Intematonal LLC, Memorancim Opinion ond Order|DA —1431 (rl. June 18,2002) EchoStarStelte Corporation reconly scbmitedaddtionalinformaton i q t it constrction contrct prsuant o he Plcy Branch‘s request "Thisinfomation is beingreviewed and deternination egarting EchoStr‘ compliance with ts constrction commencement milestone wilbe made horly.

Hughes Network Systems® IBFSFile Nos. SAT—LOA—1994120 coosoi; sAT—LOA—19950029—00125(00129; sar—Loa—10950023—00137 Loral CyberStar,Inc. File Nos, 205/206—SAT—AMEND—9 sa—AMD—199s0020.001s7158 PanAmSat Licnsee Inc. IBFS Nos. SAT—LOA—19950020—008 oi31; sar—Loa—19950029—00204/00208 Teledesic LLC File Nos. 22—D58—90.A.94, .946 evp.0s; 1samaicor WB Holdings LLC File Nos. 128—SAT—P/LA—95; 203—8 For further information cantactVenalferGisenan at 202—418—0757 or Femm Jarmulnck at202—418—0751 in the Satllte Division: * The origina fcensee was Hughed Contunications Galny.In April 2002theSatlite Diviionarantd proorma assignments fom Hughes Commubieatifns Galaxy o Hughes Network Systms. See Loters to James . Barker, Counselfor Hughes Communiatins GBay from Fem J Jarmulnck, Deputy Chict, Satlite Diviion,(Apil 23, 2002)(File Now. SAT—ASG—2001120% 0110 and 00109) 2

LORAL avas tabanway Pae Ate,ca esns WildBlue Program | DECLARATION 1, KP. Bhat,certify on behall f Space Systems/Loral, Ic. (‘SSL"), as follows: 1. The WildBlue—1 spac raflCritical Design Review was successfully completed on July 25, 2000 2. The contract between SL and WildBlue Communications, Inc. for the WildBlue—1 Satellite Program} as ended and restated from time to ime, including most recently on May 15, 2005 redjun i effect. SSL has received payment for construction of WildBlue—1 for all amounts trou, October 24, 2006, and these payments cumulatively represent approximately 89% 0f i total price forthe construction of the satellte. | 3. Construction ofle dBluc—1 satellt is complete. It wil be shipped to the Arianespace Jaunch facility in Ko u, French Guiana on November 2, 2006 and is scheduled for launch on December [ 2006. 4.. The attached photp in shows the fully assembled WildBlue—1 spacecraft MzA K.P. Bhat Executive Director WildBlue—1 Program Space Systems/Loral Dated : October 25, 200¢


a réé&pa/ce Mr3im ELLIOT VP, Infrastructure WILDBLUE Communications, Inc. 5970 Greenwood Ploza Slvc. Sue 300 ereenwoon vitiace, co sor11 usa Evry—Courcouronnes, October, 24" 2006 net rszocisc . os—248 CtWeal Dear i ELLIOT Artanespace |hert y confirms that the Arlane 5 ECA L534 leunch preparation compaign begine teday (Dctober 249, 2006) in order to support a launch of Wildblue 1 0 mber 8, 2006. Do not hesitite contact the undersigned if needed. Yours Sincert 42 Christophe BARDOU Program Director for WILOBLUE 1 sag oou esn oow ruoacen touitimtene defrnt trtinge fulsimene Iugdm Tewal an i7 wreniuppmccn Botbtercanmmmre nomamoce Rihmom" MeRBBEZ iuknies ty inmiar mummye


Document Created: 2006-11-06 15:51:59
Document Modified: 2006-11-06 15:51:59
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