Attachment Exhibit B

This document pretains to SES-MOD-20100405-00400 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2010040500400_809033

Exhibit B Description of Application Pursuant to Section 25.117(c) of the Commission’s rules, 47 C.F.R. § 25.117(c), SkyTerra Subsidiary LLC (“SkyTerra”) hereby requests that the FCC extend the deadline for construction completion and commencement of operations of SkyTerra’s gateway earth stations (Call Signs E080030 and E080031) for five months until October 31, 2010. The proposed deadline coincides with SkyTerra’s pending request to extend the launch and operate milestone deadline for SkyTerra 1 (File No. SAT-MOD-20100405-00064 (filed April 5, 2010)), the satellite with which the earth stations have authority to communicate.1 Construction of the ground infrastructure (i.e. buildings, generators, UPS, and HVAC) at the gateway facilities for the satellite network is complete; all of the radiofrequency equipment has been installed; and the Ground Based Beam Forming (“GBBF”) equipment has been installed at both the Napa and Cedar Hill gateway facilities.2 However, as a result of unforeseeable circumstances beyond SkyTerra’s control, which are explained in more detail in SkyTerra’s filings in File No. SAT-MOD- 20100405-00064,3 SkyTerra 1 is now scheduled for launch during the August to October 2010 period. Because SkyTerra can not certify to the commencement of operations of the gateways until after SkyTerra 1 is launched and operating, SkyTerra requests 1 The gateway authorizations also permit communications with the currently-operational MSAT satellites for testing purposes. These satellites operate on only 400 MHz of the approximately 865 MHz of feeder link spectrum (uplink and downlink) authorized for use by SkyTerra 1 and the gateway earth stations. Accordingly, it is not clear whether SkyTerra could certify as to commencement of operations based on communications with the MSAT satellites. 2 SkyTerra and its joint venture partner SkyTerra (Canada) Inc. have also completed construction of gateway facilities in Ottawa, Ontario and Saskatoon, Saskatchewan. 3 SkyTerra incorporates by reference its filings in this proceeding. 401718044v1

extension of the construction and commencement of operation deadline until October 31, 2010.4 4 In the event that the Commission finds that SkyTerra has not satisfied the standard for an extension of the earth station construction and commencement of operation milestone, SkyTerra requests partial waiver of the FCC’s rules to permit the requested additional time to comply with the requirement. 47 C.F.R. § 1.3 (Commission may waive its rules for good cause); see also WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972); Northeast Cellular Telephone Co., LP v. FCC, 897 F.2d 1164 (D.C. Cir. 1990). As explained in the pending proceeding regarding the extension of the milestone for the launch and operation of SkyTerra 1, SkyTerra’s evidence of substantial construction of its satellite network demonstrates good cause for a waiver. SkyTerra could neither foresee nor control the cause of the satellite construction delay, and the public interest would be served by allowing the completed satellite to become operational. 2 401718044v1


Document Created: 2010-04-05 15:34:37
Document Modified: 2010-04-05 15:34:37
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