Federal Communications Commission	DA 20-1428


Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554


In the Matter of

Spectrum Five LLC 

Petition for Enforcement of Operational Limits and for Expedited Proceedings to Revoke Satellite Licenses
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IB Docket No. 20-399


ORDER

Adopted: December 1, 2020	Released:  December 1, 2020

By the Acting Chief, Satellite Division, International Bureau:

1. On November 6, 2020, Spectrum Five LLC (Spectrum Five) filed a document titled “Petition for Enforcement of Operational Limits and for Expedited Proceedings to Revoke Satellite Licenses” (Petition) through the Commission’s Electronic Comment Filing System (ECFS) in Office of the Managing Director (OMD) Docket INBOX-1.41. Petition of Spectrum Five for Enforcement of Operational Limits and for Expedited Proceedings to Revoke Satellite Licenses, Misc. Docket No. INBOX-1.41 (filed Nov. 6, 2020) (Petition).
  The Petition relates to licenses for two space stations, Intelsat 30 (Call Sign S2887) and Intelsat 31 (Call Sign S2924), both held by Intelsat License LLC, as debtor in possession (Intelsat). See id. at 6.
 
2. On November 12, 2020, Intelsat filed a Motion for Extension of Time to respond to Spectrum Five’s Petition. Motion of Intelsat for Extension of Time, Misc. Docket No. INBOX-1.41 (filed Nov. 12, 2020) (Motion).
  Intelsat states that it would not be able to adequately respond to the more than 90-page Petition within the 10-day period specified in section 1.45 of the Commission’s rules. See 47 CFR §§ 1.41, 1.45; see Motion at 2-3.  Intelsat also suggests that the 10-day period specified in section 1.45 of the Commission’s rules may not apply to oppositions to the Petition.  See Motion at 2-3.
  Intelsat requests that the Commission grant an extension of 30 days for Intelsat to file a response to the Petition, through December 16, 2020. See Motion at 2-3.
   On November 19, 2020, Spectrum Five filed an Opposition to Motion for Extension of Time. Opposition of Spectrum Five to Motion for Extension of Time, Misc. Docket No. INBOX-1.41 (filed Nov. 19, 2020) (Opposition).  Spectrum Five did not serve the Petition on Intelsat until November 10, 2020, when it sent the Petition to Intelsat via e-mail.  See Motion, at 4, n. 16.
  Spectrum Five opposes the 30-day extension, but agrees to an extension of time until December 1, 2020. See Opposition at 5-6.

3. The public interest will be served here by granting an extension of time for filing of oppositions to the Petition.  The extension will allow Intelsat and any other interested parties to address the factual, legal, and policy arguments raised in the 90-page Petition.  An extension of the deadline for filing an opposition until December 8, 2020, will facilitate the compilation of a complete record.
4. This action was taken in consultation with the Commission’s Enforcement Bureau.
5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.261, 1.45, and 1.46 of the Commission's rules, 47 C.F.R. §§ 0.261, 1.45, and 1.46, Intelsat’s Motion is GRANTED IN PART, and the deadline for filing oppositions to the Petition IS EXTENDED to December 8, 2020.
6. IT IS FURTHER ORDERED that this proceeding is designated a “permit-but-disclose” proceeding for purposes of the Commission's rules governing ex parte communications.  We find that designating this proceeding as “permit-but-disclose” will serve the public interest by facilitating the resolution of broad policy issues raised by the Petition. See 47 CFR §§1.1200(a), 1.1206, and 1.1208 note 2.
  Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies).  Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation.  If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda, or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). 47 CFR § 1.1206(b).
  Participants in this proceeding should familiarize themselves with the Commission's ex parte rules.

				FEDERAL COMMUNICATIONS COMMISSION

					

Karl A. Kensinger
				Acting Chief, Satellite Division
				International Bureau

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