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 Federal  Communications  Commission  FCC  03-  74 
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 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Assessment  and  Collection  of  Regulatory  Fees  for  Fiscal  Year  2001 
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 MD  Docket  No.  01-  76 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  April  1,  2003  Released:  April  9,  2003 
 By  the  Commission: 


 1.  This  memorandum  opinion  and  order  denies  the  Petition  for  Reconsideration  of  COMSAT  Corporation  (COMSAT),  filed  August  6,  2001.  COMSAT  seeks  reconsideration  of 
 that  portion  of  the  Assessment  and  Collection  of  Regulatory  Fees  for  Fiscal  Year  2001,  16  FCC  Rcd  13525  (2001)  (2001  Fee  Order)  that  held  COMSAT  liable  for  regulatory  fees  under  47 
 U.  S.  C.  §  159(  g)  (Section  9). 
 2.  Until  fiscal  year  2000,  the  Commission  held  that  COMSAT  was  exempt  from  regulatory  fees  with  respect  to  the  satellites  that  COMSAT  operated  as  the  United  States 
 signatory  to  INTELSAT.  Following  the  decision  of  the  United  States  Court  of  Appeals  for  the  District  of  Columbia  Circuit  in  Panamsat  Corp.  v.  FCC,  198  F.  3d  890  (D.  C.  Cir.  1999),  however, 
 the  Commission  modified  its  analysis  and  held  that  COMSAT  was  liable  for  fees  under  Section  9.  Assessment  and  Collection  of  Regulatory  Fees  for  Fiscal  Year  2000,  15  FCC  Rcd  14478 
 (2000)  (2000  Fee  Order).  Subsequently,  in  the  2001  Fee  Order,  the  Commission  again  held  that  COMSAT  was  liable  for  the  Section  9  regulatory  fee. 


 3.  In  its  petition  for  reconsideration,  COMSAT  notes  that  it  appealed  the  2000  Fee  Order  and  asserts  that  the  Commission  should  reconsider  the  2001  Fee  Order  for  the  reasons  set  forth  in 
 the  appeal  of  the  2000  Fee  Order.  COMSAT  argues  that  assessing  a  regulatory  fee  against  it  with  respect  to  the  INTELSAT  satellites  is  inconsistent  with  congressional  intent  and  that,  in  any 
 event,  the  fee  should  be  reduced  pro  rata  to  reflect  COMSAT’s  limited  use  of  the  satellites’  transponder  capacity.  Alternatively,  COMSAT  asks  the  Commission  to  hold  its  petition  for 
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 Federal  Communications  Commission  FCC  03-  74 
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 reconsideration  in  abeyance  pending  resolution  of  the  appeal  of  the  2000  Fee  Order.  1 
 4.  On  March  22,  2002,  the  United  States  Court  of  Appeals  for  the  District  of  Columbia  Circuit  upheld  the  2000  Fee  Order.  COMSAT  Corp.  v.  FCC,  283  F.  3d  344  (D.  C.  Cir.  2002).  In 
 so  doing,  the  court  rejected  COMSAT’s  contention  that  it  should  not  be  held  liable  for  the  Section  9  regulatory  fee  and  its  proration  argument.  Thus,  the  basis  on  which  COMSAT  asks  the 
 Commission  to  reconsider  the  2001  Fee  Order  has  been  resolved  by  the  court  of  appeals,  and  there  is  no  justification  for  granting  reconsideration  on  grounds  that  the  court  has  rejected. 


 5.  ACCORDINGLY,  IT  IS  ORDERED,  That  the  Petition  for  Reconsideration  of  COMSAT  Corporation,  filed  August  6,  2001  IS  DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Marlene  H.  Dortch  Secretary 


 1  COMSAT  also  requested  a  reduction  in  its  fee  for  fiscal  year  2001  pursuant  to  47  C.  F.  R.  §  1.1166.  See 
 Letter  from  Robert  A.  Mansbach  to  Andrew  S.  Fishel  (Sept.  24,  2001).  See  also  Letter  from  Lawrence  W.  Secrest,  III  to  Ms.  Marlene  Dortch,  Secretary  (May  6,  2002);  Letter  from  Lawrence  W.  Secrest,  III  to  Ms. 


 Marlene  Dortch,  Secretary  (Oct.  7,  2002).  In  addition,  in  a  May  6,  2002  ex  parte  presentation,  COMSAT  asked  for  a  reduction  in  its  fiscal  year  2000  fee.  These  waiver  requests  are  unrelated  and  will  be  addressed  separately  by 
 the  Office  of  the  Managing  Director 
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