*Pages 1--4 from Microsoft Word - 58447.doc* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA 06- 1460 Released: July 18, 2006 PETITION OF THE INTERNATIONAL TELECOMMUNICATIONS SATELLITE ORGANIZATION UNDER SECTION 316 OF THE ACT IB Docket No. 06- 137 File No. SAT- MSC- 20060710- 00076 Pleading Cycle Established Comments Due: August 17, 2006 Responses Due: August 28, 2006 Replies Due: September 5, 2006 On July 10, 2006, the International Telecommunications Satellite Organization filed a petition that asks the Commission, pursuant to section 316 of the Communications Act, as amended (“ Communications Act” or “Act”), to modify the space station licenses held by Intelsat for the use of certain orbital locations and associated radio frequency assignments. 1 Pursuant to international agreement, ITSO is the intergovernmental organization responsible for monitoring Intelsat’s adherence to certain “core principles” in providing international public telecommunications services. 2 The Petition states that ITSO is requesting 1 Petition of the International Telecommunications Satellite Organization (ITSO), filed July 10, 2006 (“ Petition”). See also 47 U. S. C. § 316 (modification of licenses by the Commission to promote the public interest, convenience, and necessity or fuller compliance with the Act or with any treaty ratified by the United States). 2 See Agreement Relating to the International Telecommunications Satellite Organization, as Amended by the Twenty- Fifth (Extraordinary) Assembly of Parties in Washington, D. C. (Nov. 17, 2000) (“ ITSO Agreement”), available at http:// 216. 119. 123. 56/ dyn4000/ dyn/ docs/ ITSO/ tpl1_ itso. cfm? location=& id+ 5& link_ src= HPL& lang= english. See also Constellation, LLC, Carlyle PanAmSat I, LLC, Caryle PanAmSat II, LLC, PEP PAS, LLC, and PEOP PAS, LLC, Transferors, and Intelsat Holdings, Ltd., Transferee, Consolidated Application for Authority to Transfer Control of PanAmSat Licensee Corp. and PanAmSat H- 2 Licensee Corp., Memorandum Opinion and Order, FCC 06- 85, IB Docket No. 05- 290 (rel. June 19, 2006) (“ Intelsat- PanAmSat Order”) at ¶¶ 53- 68. In the Intelsat-PanAmSat Order, the Commission deferred consideration of ITSO’s earlier request for modification of the Intelsat licenses to a separate section 316 proceeding. See id. at ¶ 65 (stating that the Commission could consider, subject to section 316 procedures, an ITSO request to impose appropriate conditions on certain Intelsat satellites if advised by the U. S. Department of State that such action would promote the provisions of the ITSO Agreement and U. S. fulfillment of obligations under the ITSO Agreement). 1 2 the license modifications to assure that Intelsat and any successor or subsequent satellite operator using the orbital locations and associated frequency assignments adheres to the core principles established by the ITSO Agreement. 3 We will treat the Petition as an informal request for Commission action under 47 C. F. R. § 1.41 and accept comments on the petition. Following conclusion of the comment cycle, the Commission will decide whether to propose a modification to the Intelsat licenses consistent with 47 U. S. C. § 316. Should the Commission decide to do so, it will notify Intelsat in writing of the proposed action and reasons therefor and afford Intelsat the opportunity to protest such proposed order of modification. See 47 U. S. C. § 316( a)( 1) and 47 C. F. R. § 1.87( a) (requiring such notification). Ex parte. Pursuant to section 1.1200( a) of the Commission’s rules, 4 the Commission may adopt modified or more stringent ex parte procedures in particular proceedings if the public interest so requires. We announce that this proceeding will be governed by the permit- but-disclose ex parte procedures that are applicable to non- restricted proceedings under section 1.1206 of the Commission’s rules. 5 We direct parties making oral ex parte presentations to the Commission’s statement re- emphasizing the public’s responsibility in permit- but- disclose proceedings and remind such parties that memoranda summarizing the presentation must contain the presentation’s substance and not merely list the subjects discussed. 6 More than a one- or two- sentence description of the views and arguments presented generally is required. 7 Other rules pertaining to oral and written presentations are set forth in section 1.1206( b) as well. 8 We urge parties to use the Electronic Comment Filing System (“ ECFS”) to file ex parte submissions. 9 General Information. Interested parties must file comments no later than August 17, 2006. Responses must be filed no later than August 28, 2006. Replies must be filed no later than September 5, 2006. All filings concerning matters referenced in this Public Notice should refer to DA No. 06- 1460, IB Docket No. 06- 137 and File No. SAT- MSC- 20060710- 00076. 3 We note that the Petition characterizes the Intelsat space station licenses as being held by Intelsat’s subsidiary Intelsat, LLC. See Petition at 1. Intelsat, LLC no longer holds any space station licenses on behalf of Intelsat, because, in 2005, Intelsat sought and received authority to assign those licenses to its subsidiary Intelsat North America, LLC. See Intelsat LLC, File Nos. SAT- ASG- 20050418- 00084 and -00085, Public Notice, Policy Division Information, Report No. SAT- 00294, 20 FCC Rcd 9959 (IB 2005); see also Intelsat- PanAmSat Order at ¶ 8 n. 29 (showing subsequent pro forma changes in ownership of Intelsat North America, LLC as Intelsat’s space station licensee). 4 47 C. F. R. § 1.1200( a). 5 Id. § 1.1206. 6 See Commission Emphasizes the Public’s Responsibilities in Permit- But- Disclose Proceedings, Public Notice, 15 FCC Rcd 19945 (2000). 7 See 47 C. F. R. § 1.1206( b)( 2). 8 Id. § 1.1206( b). 9 See discussion infra. 2 4 Additionally, filers may deliver courtesy copies by email or facsimile to the following Commission staff: (1) James Ball, Chief, Policy Division, International Bureau, at james. ball@ fcc. gov or (202) 418- 2824 (facsimile); (2) Kathleen Collins, Policy Division, International Bureau, at kathleen. collins@ fcc. gov or (202) 418- 2824 (facsimile); (3) Andrea Kelly, Chief, Policy Branch, Satellite Division, International Bureau, at andrea. kelly@ fcc. gov or (202) 418- 0748 (facsimile); (4) Jabin Vahora, Satellite Division, International Bureau, at jabin. vahora@ fcc. gov or (202) 418- 0748 (facsimile). Copies of the Petition and any subsequently- filed documents in this matter may be obtained from Best Copy and Printing, Inc., in person at 445 12th Street, S. W., Room CY- B402, Washington, D. C. 20554, via telephone at (202) 488- 5300, via facsimile at (202) 488- 5563, or via e- mail at fcc@ bcpiweb. com. The Petition and any associated documents are also available for public inspection and copying during normal reference room hours at the following Commission office: FCC Reference Information Center, 445 12th Street, S. W., Room CY-A257, Washington, D. C. 20554. The Petition also is available electronically through the Commission’s ECFS, which may be accessed on the Commission’s Internet website at http:// www. fcc. gov. People with Disabilities: To request this Public Notice in accessible formats (computer diskette, large print, audio recording, and Braille) send an email to fcc504@ fcc. gov or call the Consumer & Governmental Affairs Bureau at 202- 418- 0530 (voice), 202- 418- 0432 (tty). For further information, contact Kathleen Collins, Policy Division, International Bureau, at 202- 418- 1474 or Jabin Vahora, Policy Branch, Satellite Division, International Bureau, at 202- 418- 1229. -FCC- 4