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 Federal  Communications  Commission  DA  05-  1158 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 ICO  Satellite  Services  G.  P.  )  ) 
 Application  for  Modification  of  Authority  )  IBFS  No.  SAT-  MOD-  20050110-  00004  For  Use  of  2  GHz  Bands  to  Provide  Mobile  ) 
 Satellite  Service  )  ) 
 Petition  for  Declaratory  Ruling  or  Waiver  )  IBFS  No.  SAT-  PDR-  20050110-  00024 


 ORDER 
 Adopted:  April  27,  2005  Released:  April  27,  2005 
 By  the  Chief,  Satellite  Division,  International  Bureau: 
 1.  On  April  11,  2005,  ICO  Satellite  Services  G.  P.  (“  ICO”)  filed  a  request  to  modify  the  ex  parte  status  of  the  proceeding  concerning  disposition  of  the  above-  referenced  application 
 for  modification  of  its  reservation  of  spectrum  in  the  2  GHz  MSS  frequency  bands.  Specifically,  ICO  asks  that  the  proceeding  be  designated  as  “permit-  but-  disclose”  for  purposes  of 
 the  Commission’s  rules  governing  ex  parte  communications. 
 2.  ICO  filed  the  above-  captioned  application  and  petition  for  declaratory  ruling  on  January  10,  2005.  Both  filings  were  placed  on  public  notice  on  February  4,  2005.  1  The  Boeing 


 Company  filed  comments  on  the  application  and  the  petition. 
 3.  ICO  notes  that  Section  1.1206(  a)(  3)  of  the  Commission’s  rules  routinely  classifies  declaratory  ruling  proceedings  as  “permit-  but-  disclose,”  while  application  proceedings  are 


 routinely  classified  as  “restricted”  under  Section  1.1208.  ICO  maintains  that  it  would  serve  the  public  interest  to  designate  the  proceeding  with  respect  to  its  modification  application  as  permit-but- 
 disclose  in  order  to  harmonize  the  proceeding’s  ex  parte  status  with  the  status  of  the  interrelated  declaratory-  ruling  proceeding  to  facilitate  discussion  of  complex  technical,  legal, 
 and  policy  issues  with  the  Commission’s  staff.  Boeing,  the  only  party  that  filed  comments  or  pleadings  pertaining  to  the  modification  application  or  the  petition  for  declaratory  ruling,  has 
 raised  no  objection  to  ICO’s  request  to  de-  restrict  the  application  proceeding. 


 1  FCC  Public  Notice,  Policy  Branch  Information:  Satellite  Space  Applications  Accepted  for  Filing,  Rep.  No.  SAT-0026. 
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 Federal  Communications  Commission  DA  05-  1158 
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 4.  For  the  reasons  stated  by  ICO,  we  find  it  in  the  public  interest  to  modify  the  ex  parte  status  of  the  modification  application  proceeding  from  “restricted”  to  “permit-  but-disclose.” 
 5.  Accordingly,  IT  IS  ORDERED,  pursuant  to  Sections  0.261,  1.1200(  a),  and  1.1208  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.261,  1.1200(  a),  and  1.1208,  that  the  proceeding  with 
 respect  to  ICO’s  modification  application,  IBFS  No.  SAT-  MOD-  20050110-  00004,  IS  RE-DESIGNATED  as  permit-  but-  disclose. 


 6.  This  order  is  effective  upon  release. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Thomas  S.  Tycz  Chief,  Satellite  Division 
 International  Bureau 
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