Attachment Extension grant

This document pretains to SES-MOD-20021125-02060 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2002112502060_470080

SQUIRE 5... SANDERS |womomor 8 November 18, 2008 Mariene H. Dortch Secretary Federal Communications Commission 445 12th Street S.W. Washington, D.C. 20554 Re:— MCl Inc. Call Sign 2000700 FCC File No. SES—MOD—20021 125—02060 Request for 30—Day Extension of Time Dear Ms. Dortch: MCL, Inc, pursuant to Section 1.46 ofthe Commission‘s rules, 47 C.FR. § 1.46, hereby requests a thirty day extension oftime to file an amendment to its pending application to modity satelite earth station liense £000700. On June 21, 2004, the Commission released an order adopting new rules for mitigation of orbital debris" The disclosure requirements for the orbital debris mitigation rules became effective on October 19, 2005.— As a result, a deadline of November 18, 2005 was established for parties to file amendments to pending applications that include technical information necessitated by the new requirements. MCI‘s pending earth station application seeks authority to add the Express—3A satelite as a permanent point ofcommunication for the provision of two—way voice and data Fixed Satellite Service between the United States and Russia, Azerbaijan and Cuba.. The Express—3A satelite is not included on the Commission‘s permitted space station list and complete information regarding the orbital debris mitigation plans for the Express—3A satelite has not been filed with ! seeFCC rle Noses—M0.200211252000. See MiigatonofOrbital Debris,Second Repor and Order, 19 FCC Red 11867 2000) " See 70 Fed. Reg 89276 (Ozt 12,2005) " See Pubic Notce, /nernaional Bureau Srelite Diviion Ifomation, Daclonee ofOrkial Dabris Miagaton Plans. Incuding Amendmen ofPentng Applcations, ReportNo. SPB—112, DA 052698 (Oct. 13,200%) Cmensur Cirmm Cocanes« Houro« s Avcr> ul New You uo Aro® Boner® i ocaco ‘Tuans» Trws Comin Wiuinctow DC Ronlsan1 Aumicue> es> Rrownr > Lowron Mn Maw Meseon P mc How Kor«Sm To Anccurme Omer Bronsmr> Duwne in Tura wevstcon

Soom, Swous & Diwrie LLP. Marlene H. Dortch November 18, 2008 Page2 the Commission. MCL is therefore apparently required by the Commission‘s rules to file a description ofthe orbital debris mitigation plans for the Express—3A satelite as an amendment to its pending earthstation application. The Express—3A satellte is owned and operated by the Russizn Satellite Communications Company (‘RSCC‘). As the Commission is aware, MCL has been working with the RSCC for more than a year to comply with the Commission‘s orbital debris mitigation disclosure requirements.. As a result of MCT‘s efforts, the RSCC exccuted a ltter that was filed with the Commission on December 14, 2004, which disclosed the RSCC‘s plans for disposal of the Express3A satelite at the end of ts usefullife" MCI is continuing to work with the RSCC on compliance with the remainder of the Commission‘s orbital debris mitigation disclosure requirements. Working closely with the RSCC, a drafl leter has been prepared, which includes the information required by the Commission‘s orbital debris mitigation disclosure rules. The RSCC is currently reviewing the deaft lettr and may be in a position to execute the letter shortly. Until the RSCC completes its review, however, MCT eannot file a copy of the letter with the Commission as an amendment toits application. Pursuant to Section 1.46 ofthe Commission‘s rules, it is the policy of the Commission that extensions oftime shall not be routinely granted.. An extension oftime is warranted in this instance, however, for two reasons. ‘First, the RSCC is a foreign corporation that does not conduct business in the United States._ Although the RSCC operates the Express—3A satellite, MCI purchases capscity on the satelite from the Intemational Organization of Space Communications ("Intersputnik@). MCI does not have a customer/supplier relationship with RSCC. Therefore, the RSCC‘s ultimate decision to excoute a ltter addressing the mitigation of orbital debris for the Express—3A satelite,and the timing of that decision, is outside of MCT‘s control. Second, as the Commission is aware, MCI has been diligent in working with the RSCC to explain the importance of achieving compliance with the Commission‘s new information disclosure requirements. MCI was successful in securing an initial letter from the RSCC addressing the disposal orbit forthe Express—3A satellte. The RSCC has provided MCL with no indication that it is unwilling to exccute a second lettr. n light of MCI‘s good faith efforts in this regard, a thirty day extension of time is warranted to permit MCI to secure a second * See Leterfrom V2. Gantherio, Deputy General Diretor for Space Progrims, RSCC, to 1A.Tifoov, Managing Pamner, Squie, Sanders & Dempiey (Moseos) LLC (14 Dez. 2000, fled with FCC as an aachmentto Leter from rice A.Oleot, Counsl to MCUWerkCom,Inc. to Marene 1. Deich, Sereiny, Fedeal Communications Commision (Dcc. 14,2000)

Soures, Sevooes & Dewrsey LLP. Mariene H. Dortch November 18, 2008 Page3 executed lettr from the RSCC and file the letter with the Commission as an amendiment to its pending earth station application. As required by Section 1.46() of the Commission‘s rules, MCT‘s counsel orally notified Stephen Duall and Curtrisha Banks of the Policy Branch of the Satelite Division of the Intermational Burcau regarding the filig of this request for extension.. Copies of this request were also provided to them by clectronic mail. Thank you for your attention to this matter. Please let us know if you have any questions. Si ruce A. Olcott

GRANT OF WAIVER AND REQUEST FOR EXTENSION OF TIME TO FILE ORBITAL DEBRIS MITIGATION PLANS File Nos.: SES—MFS—20041206—01790 (NewCom International, Inc.y; SES—MOD—20021125—02060 (MCLInc.) On November 14 and 18, 2005, NewCom Intemational, Inc. (NewCom") and MCL, Inc. (MCT) filed separate requests to waive the November 18, 2005, deadine to amend their pending applications by disclosing the orbital debris mitigation plans for their space segment, as required by the Commission‘s rules.". Both waiver requests involve the obtaining and submission of the orbital debris mitigation plans for the Express—3A spacecraft, licensed under the administration of the Russian Pederation and operated by the Russian Satellte Communications Company. We find that, i this instance, the public interest warrants waiver ofthe amendment deadline and an extension of time to file the orbital debris mitigation plans for the Express3A spacecraft. Although MCI and NewCom request different time periods for the extension, we will grant an identical 60—day extension period to both parties because they are similarly situated. Accordingly, MCI and NewCom will have 60—days from the deadine (that is, until January 17, 2006) to file an orbital debris amendment in the above—captioned files. Failure to file an amendment within this time period will result in the dismissal ofthe underlying applications ‘ See Public Notice,Inernational Bureau Satelte Division Information, Disclowire ofOrbtal Debris Miigation Plans,IncludingAmendnent ofPendingApolicaons,D. 0%—2698 (Ost. 13,2005); Mitgntion ofOrbial Debris, Second Reporand Orde, 19 FCC Red 11567 (2004).


Document Created: 2005-12-07 14:51:31
Document Modified: 2005-12-07 14:51:31
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