Attachment WSNET Waiver grant

This document pretains to SES-MSC-20020111-00074 for Miscellaneous on a Satellite Earth Station filing.

IBFS_SESMSC2002011100074_366828

James U. Troup, Esquire Adrian B. Copiz, Esquire McGuireWoods LLP 1050 Connecticut Avenue, N.W. 86 -2% Suite 1200 Washington,DC 20036-5317 RE: WSNet Holdings; Inc., (FRN 0005088265)) Request for Waiver and Deferral of Application Fees, Fee Control No., 0201148 160054003 Dear Messrs. Troup and Copiz: This is in response to your Ietter dated January 11,2002, with which you submitted a fee of $ 7 3 10 for aa initial application fee associated Witb an application for a Fixed Satellite Very Small Aperture Terminal (VSAT)System. You request that the Commission accept that fee, and thereafter waive and defer payment of individual fees for each of 999,999 receive-only earth stations. Combined with the request for waiver is the substantive application by WSNet Holdings, Inc. (WSNet), for Commission authorization for a system that includes a transmit- receive earth station, two non-U.S. licensed space stations and the million receive-only earth stations. For the reasons below, we grant your request for a waiver, and find that the amount paid is consistent with the Commission's decision to permit a blanket application fee for this matter. WSNet intends to operate a transmitlreceive earth station that will uplink to a non-U.S. licensed space station located at 91 .O degrees W.L. and a non-U.S. Iicense space station that is (as of the date of the application) under construction,' but will be located at 82.0 degrees W.L. The Canadian government administers both non-U.S. licensed space stations. These components provide the signal to be received by the one million receive-only earth stations for which WSNet requests a fee waiver. Section 25.137 of the Commission's rules (47 CFR 0 25.137) provides the procedures applicants use to request authority to operate such a system with a non-U.S. licensed space station. In that regard, the Commission held that in order to provide regulatory control for the transmissions entering the United States, it would Iicense the receive-only teminaJ(s). Such a process provides a means to control interfering transmissions into the United States and to provide a vehicle by which to evaluate effective competitive opportunities in foreign markets as Our discussion and decision is limited to the question whether WSNet paid the correct fee or whether, as the request is framed. the Commission should grant a waiver of the correct fee. Consequently, our comments and decision do not extend to the substantive issues of the application andor whether the status of the second space station could result in the dismissal of the application as premature. C$ Opinion and Order, Applicationof Telquest Venrures, L.L.C., 16 FCC Rcd. 15026 (2001), aflrming Report and Order. Applications of Telqtrest Yentures, L.L.C., I 1 FCC Rcd. 8151 (1996) (Interr~ationalBureau dismissed,without prejudice, earth station application by Telqwst Ventures, L.L.C. and Western TeieCommunications, Inc., to provide Direct Broadcast Satellite Service using transponders on satellites in Canadian orbital locations that at the time were not yet issued liccnses.) . 1' ~ 1

James U. Troup & Adrian B. Copiz, Esquire 2. well as other public interest considerations.2 Mindful of the potential burden applicable to those requesting authorization, however, the Commission held ”we will permit applicants to request ‘blanket’ licenses for large numbers of technically identical receive-unly antennas, such as home ‘dishes.’ Blanket applications may be filed by the space station operator, the service supplier. the equipment manufacturer, or the electronics retailer.”3 WSNet ’s application involves the cIass of technically identical receive-only antennas described by the Commission. In that regard, the Commission’s application fee for comparable blanket applications4is the same as tee fee for the VSAT? Consequently, the fee paid in connection with the application for a waiver is accepted, and we grant WSNet’s request for a waiver. If you have any questions concerning this letter, please call the Revenue and Receivable Operation Group at (202) 418-1995. Sincerely, Mark A. Reger Chief Financial Officer . ’Report and Order, Amendment ofthe Commission ’s Regulatory Policies to Allow Non-US. Licensed Space Stations to Provide Domestic and lnternational Satellite Service in the United States, FCC 97-399, 12 FCC Rcd. 24094,24180-181 (1997). Id.. at 24180-181, f 204. ‘47 CFR 4 1.1 107.7.a. (57,510). ’ 47CFR 8 1.1 107.6.8. ($7,510). . . 1 1 ’


Document Created: 2004-04-02 12:04:39
Document Modified: 2004-04-02 12:04:39
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