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Re: (fwd) [Oz-ISP] USG takes control of xpnder off PAS-2
From: Joe Abley <jabley () automagic org>
Date: Fri, 21 Sep 2001 21:22:24 -0400


On Fri, Sep 21, 2001 at 05:28:39PM -0400, Sean Donelan wrote:
On Fri, 21 Sep 2001, Rowland, Alan  D wrote:
Or you could pony up for a non-preemptable circuit. Much more expensive.
Your choice. Live with it.

There are several levels of preemption.  At the highest level, which
to my knowledge has *not* been activated, every carrier with an FCC
license (including cable landing and satellite earthstation licenses)
are subject to preemption by the US Government.  Its in the FCC rules
and regulations, but I don't have the citation with me.  Even so-called
"Irrevocable Right to Use" are subject to preemption under this
condition.  The only limitiation is in the US Constitution, 5th
Amendment, which means US Carriers still get preempted, but also
get a big  check from the US Treasury in compensation.

You'd think satellite capacity would be subject to some more
international set of regulations than those of the FCC. Are you
saying that if I buy preemptable capacity on PAS-N to uplink from
New Zealand and downlink to Fiji, that the capacity is subject
to preemption by the US Government under FCC rules?

Or is there an assumption here that there's an (up|down)link on
US soil involved?


Joe


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