******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) IB Docket No. 98-192 Direct Access to the INTELSAT System ) File No. 60-SAT-ISP-99 ORDER Adopted: October 15, 1999 Released: October 15, 1999 By the Deputy Chief, International Bureau: 1. We have before us an October 6, 1999 request by Comsat Corporation ("Comsat") for stay of the Commission's September 16, 1999 Report and Order permitting Level 3 direct access to the INTELSAT sytem in the United States, pending judicial review of that Commission action ("Stay Request). Opposition to Comsat's Stay Request has been filed jointly by AT&T Corp., MCI WorldCom, Inc., and Sprint Communications Company L.P., as the Satellite Users Coalition, and Spacelink International. 2. On September 16, 1999, the Federal Communications Commission released the Direct Access R&O permitting Level 3 direct access to the INTELSAT system in the United States for the provision of international satellite services. "Direct access" refers to the means by which users of the INTELSAT system obtain space segment capacity directly from INTELSAT rather than through an INTELSAT Signatory in the respective Signatory's country. Comsat Corporation is the U.S. INTELSAT Signatory. Comsat seeks an immediate stay from the Commission on implementation of the Direct Access R&O. On October 13, 1999, Comsat filed a similar petition with the United States Court of Appeals for the District of Columbia Circuit, also seeking a stay de novo of the Commission's Direct Access R&O. 3. Comsat relies on the four prong test for issuance of a stay set forth in Virginia Petroleum Jobbers Ass'n v. FPC ("Virginia Petroleum"), as modified in Washington Metropolitan Area Transit Comm'n v. Holiday Tours, Inc. Under this test, a stay is warranted if the movant can demonstrate that: (1) it is likely to prevail on the merits; (2) it will suffer irreparable harm absent a stay; (3) interested parties will not be harmed if the stay is granted; and (4) the public interest would favor a grant of the stay. Upon examination of the Stay Request, we find that Comsat's arguments fail to meet the standards set forth in Virginia Petroleum and Washington Metropolitan. 4. Accordingly, IT IS ORDERED that Comsat Corporation's Request for Stay IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Anna M. Gomez Deputy Chief, International Bureau