--- title: The FCC Asserts a Continuing Violation Theory against Intelsat and Seeks the Maximum Forfeiture Amount for a March 2010 Application Amendment date: 2013-12-24T13:57:51-05:00 author: Import Bot canonical_url: "https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/the-fcc-asserts-a-continuing-violation-theory-against-intelsat-and-seeks-the-maximum-forfeiture-amount-for-a-march-2010-application-amendment" section: Blog Posts --- # The FCC Asserts a Continuing Violation Theory against Intelsat and Seeks the Maximum Forfeiture Amount for a March 2010 Application Amendment December 24, 2013 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](https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/blogs/comm-law-monitor/2013/12/FCC-13-159A1.pdf) stemming from a license amendment submitted on March 2, 2010, *more than forty-three months prior to the NAL.* While several portions of the detailed factual background of the *NAL* have been redacted from public view, in brief, the facts are that Intelsat filed an application in February 2009 to use Ka-band spectrum to operate a new geostationary orbit-like (“GSO-like”) satellite, Galaxy KA. Applications for these satellites under Section 25.158(b) of the Commission’s rules are subject to a ​“first-come, first-served ​‘queue’ approach”; first in-line applications by qualified applicants are granted unless the proposed satellite would cause harmful interference to a satellite already licensed. Among the safeguards to dissuade speculative applications and ensure that space station applicants are ​“serious and committed” is Section 25.158(c), which prohibits applicants for GSO-like licenses from ​“transfer\[ring\], assign\[ing\], or otherwise permit\[ting\] any other entity from assuming its place in the queue.” In February 2010, ViaSat Inc. filed a space station application seeking to use spectrum overlapping the Galaxy KA application. Accordingly, it assumed a position behind Intelsat in the queue. On March 2, 2010, Intelsat amended its application to eliminate the overlap in such a way to allow ViaSat to assume a first in line position. Subsequently, on October 18, 2012, *more than thirteen months prior to the Notice*, Intelsat withdrew the March 2, 2010, amendment and assumed a place in the queue *behind ViaSat*. Then, on December 13, 2012, ViaSat withdrew its application, moving Intelsat back to *its* original first-in line position. Given that the *NAL* was adopted a year, minus a day, after ViaSat’s withdrawal, ViaSat’s withdrawal and Intelsat’s resumption of its position at the front of the queue apparently caused the one-year statute of limitations to run, at least from the Commission’s perspective. Several important facts in the *NAL* are not made available to the public which, if known, might shed a different light on the subject for the public. A careful reading sheds a few details, as the Commission notes that “\[a\]n applicant’s identity is particularly material” and generally alludes to ​“undisclosed private transactions between applicants” and ​“surreptitious transactions.” **Tags:** [enforcement](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/enforcement), [FCC](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/fcc), [Intelsat](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/intelsat), [Licenses](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/licenses), [Satellite](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/satellite), [Satellites](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/satellites), [statute of limitations](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/statute-of-limitations), [ViaSat](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/viasat) - Share this entry - - - - - [ View entry pdf ](https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/pdf-snapshots/the-fcc-asserts-a-continuing-violation-theory-against-intelsat-and-seeks-the-maximum-forfeiture-amount-for-a-march-2010-application-amendment-20230914232821.pdf) ### Search Blog ### Subscribe ### Explore Topics - [Enforcement, Investigations & Audits](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/enforcement-investigations-audits) ### Related Services - [Communications](https://www.kelleydrye.com/industries/communications)