DA 96-76 Federal Communications Commission Record 11 FCC Red No. 4 
Before the 
Federal Communications Commission 
Washington, D.C. 20554 
In re 
CONSTELLATION 
COMMUNICATIONS, INC. 
Petition for Declaratory Ruling 
MOBILE COMMUNICATIONS 
HOLDINGS, INC. 
Emergency Amendment to Consolidate 
Application for Review and Request for 
Clarification 
File No. 
21-SAT-DR-96 
File No. 
43-SAT-MISC-96 
MEMORANDUM OPINION AND ORDER 
Adopted: January 25, 1996; Released: January 26, 1996 
By the Chief, International Bureau: 
l. By this order, we grant an extension of the date by 
which applicants for authorizations in the "Big LEO" Sat­
ellite Service must demonstrate financial qualification. In 
the "Big LEO" Report and Order, applicants were given 
until January 31, 1996 to show that they are financia lly 
qualified to construct and launch Big LEO systems. 1 Two 
applicants have filed petitions requesting extensions of this 
deadline. . 
2. In a petition filed on November 21, 1995, Constella­
tion Communications, Inc. has asked for a declaratory 
ruling that a proposed ownership change would not be 
considered disqualifying under the Commission's satellite 
application cut-off rule, 47 C.F.R. § 25.116. The change 
would involve conversion of all of its outstanding convert­
ible debt obligations to equity, which would result in the 
reduction of the ownership shares held by some of its 
current investors and an increase in the number ownership 
shares held by other investors, including E-Systems, Inc .. 
Bell Atlantic Enterprises International, and Space Vest. 
Three companies, CT A Launch Services, Inc., E-Systems, 
Inc., and Bell Atlantic Enterprises International, would 
continue together to own more than 50% of Constellation's 
stock. Constellation indicates that its management and 
business plans will remain unchanged. lt requests that in 
the event its petition for declaratory ruling is granted it be 
given 60 days from the release of that decision in which to 
file proof of financial qualification. Loral Qualcomm 
Limited Partnership has filed an opposition to the petition. 
9 F.C.C. Red. 5936 (1994). 
Constellation Communications, Inc., 10 F.C.C. Red. 2258 (lnt'I 
Bur. 1995). . 
3 Mobile Communications Holdings, Inc., 10 F.C.C. Red. 227-* 
(lnt'I Bur. 1995). 
1892 
3. We conclude that the proposed ownership change 
would serve the public interest and would not require 
treatment of Constellation's application as newly filed. 
With respect to Loral Qualcomm's objections, we note that 
they largely duplicate the objections it has raised in an 
application for review of our ruling concerning prior Con­
stellation ownership changes.2 This ruling is without preju­
dice to any Commission determination with respect to that 
ruling. 
4. In a pleading fi led on January 18, 1996, Mobile Com­
munications Holdings, Inc. (MCHI) asked for an extension 
until 60 days after the Commission has issued an order 
disposing of its pending application for review of the Inter­
national Bureau's determination that its previous financial 
showing was insufficient. 3 ln short, it maintains that in 
order to produce a financial showing that would satisfy the 
requirements indicated in the Bureau decision that it has 
appealed to the Commission, it would have to effect an 
irreversible reconfiguration of the financial arrangements 
that it is asking the Commission to approve in its applica­
tion for review, thus thwarting its appeal. 
5. Given the extension we are granting to Constellation, 
we believe that MCHI should also receive an extension. In 
the interest of equitable treatment, we will postpone the 
deadline for all of the applicants in this proceeding that 
have not yet been found financially qualified -- including 
AMSC (which did not request an extension) until 60 days 
after the Commission issues its decision on MCHl's ap­
plication for review. This will accommodate all of the 
remaining applicants. 
6. Accordingly, IT IS ORDERED that the Petition forˇ 
Declaratory Ruling filed by Constellation Communication, 
Inc. on November 21, 1995 and IS GRANTED; that the 
"Emergency Amendment to Consolidate Application .for 
Review and Request for Clarification" filed by MCHI on 
January 18, 1996 lS GRANTED to the extent indicated 
herein; and that the deadline for applicants in this proceed­
ing that have not yet done so to demonstrate financial 
qualification IS EXTENDED until 60 days after the Com­
mission releases an order disposing of MCHl's Consoli­
dated Application for Review. 
FEDERAL COMMUNICATIONS COMMISSION 
Scott Blake Harris 
Chief, International Bureau