On March 3, 2020, the Federal Communications Commission (“FCC” or “Commission”) released its Report and Order and Order of Proposed Modification (FCC 20-22) (respectively, the “C-Band Order” and the “Proposed License Modification”) realigning the 3.7-4.2 GHz Band in the contiguous United States and proposing to modify most of the satellite, earth station, and fixed service licenses in the Band. If one sorts out the significant deadlines established by the C-Band Order leading up to the target date for the auction of the 3700-3980 MHz range, namely December 8, 2020, and the transition of incumbent space station and earth station operations and fixed service stations which must be completed in the auction’s wake, the heavy lifting required before the auction proceeds is plain. In the attached advisory, these deadlines are discussed in some detail.  Here, they are presented in abridged fashion.

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Continue Reading Scheduling the Race to the “C-Band” Auction

A recently issued Notice of Apparent Liability (NAL), accompanies by a sharp dissent from Commissioner Pai, leaves no doubt that the Commission continues to find new creative and novel ways to bring alleged infractions within the applicable one-year statute of limitations.  We have commented on the Commission’s to push the envelope in its interpretation of when the statute begins to run on several prior occasions.  The present NAL in question was issued December 11, 2013, against Intelsat License LLC stemming from a license amendment submitted on March 2, 2010, more than forty-three months prior to the NAL.
Continue Reading The FCC Asserts a Continuing Violation Theory against Intelsat and Seeks the Maximum Forfeiture Amount for a March 2010 Application Amendment