OF AN EMERGENCY AT SUCH FACILITY INVOLVING LESSEE'S USE OF THE LEASED SPECTRUM,
INCLUDING BUT NOT LIMITED TO ANY INSTANCE OF OBJECTIONABLE INTERFERENCE TO ANY
OTHER USER OF THE LEASED SPECTRUM WHICH IS AUTHORIZED TO USE THE LEASED SPECTRUM
TO PROVIDE SERVICES OUTSIDE THE LEASED TERRITORIES. LESSOR WILL NOTIFY LESSEE AS
SOON AS PRACTICABLE OF LESSOR'S ACCESS DURING SUCH EMERGENCY.
7
(C)
REPORTING. UPON LESSOR'S REQUEST, LESSEE
SHALL PROVIDE INFORMATION UPDATING LESSOR ABOUT LESSEE'S ACTIVITIES WITH RESPECT
TO THE LEASED SPECTRUM, INCLUDING INFORMATION REGARDING (I) TECHNICAL AND
OPERATIONAL DETAILS ABOUT LESSEE'S TRANSMISSION FACILITIES; AND (II) ANY SAFETY,
INTERFERENCE OR COMPLIANCE RELATED PROBLEMS WHICH HAVE ARISEN AS A RESULT OF
LESSEE'S OPERATION OF THE SYSTEM OR USE OF THE LEASED SPECTRUM. UPON LESSOR'S
REQUEST, LESSEE SHALL CONFIRM IN WRITING THAT, TO THE BEST OF LESSEE'S
KNOWLEDGE, (I) LESSEE IS NOT AWARE OF ANY INTERFERENCE RELATED PROBLEMS ON THE
SYSTEM; (II) LESSEE IS NOT AWARE OF ANY RF SAFETY RELATED PROBLEMS WITH RESPECT
TO ITS OPERATIONS ON THE SYSTEM; (III) LESSEE REMAINS QUALIFIED TO BE A LESSEE
OF THE LEASED SPECTRUM; AND (IV) LESSEE'S OPERATIONS ON THE SYSTEM COMPLY WITH
THE PROVISIONS OF THIS LEASE AGREEMENT AND THE COMMUNICATIONS LAWS.
6.
APPLICATIONS/NOTIFICATIONS.
(A)
INITIAL LEASE AGREEMENT APPLICATION. WITHIN
TEN (10) BUSINESS DAYS FOLLOWING THE DATE OF EXECUTION OF THIS LEASE AGREEMENT,
TO THE EXTENT REQUIRED BY THE COMMUNICATIONS LAWS, LESSOR WILL PREPARE AND FILE
WITH THE FCC SUCH DOCUMENTS AS ARE REQUIRED BY THE COMMUNICATIONS LAWS (WHICH
MAY INCLUDE A SUMMARY OF THIS LEASE AGREEMENT) (THE "LEASE FILING") REQUESTING
THE FCC'S APPROVAL OF THIS LEASE AGREEMENT AND THE LEASE OF THE LEASED SPECTRUM
PROVIDED FOR HEREIN.
AS SOON AS PRACTICABLE FOLLOWING THE PUBLISHING OF A
NOTICE OF PROPOSED RULEMAKING WHICH, IF FORMALLY ADOPTED AS AN FCC RULE, WOULD
ALLOW LESSOR'S USE OF GSAT SPECTRUM FOR ATC SERVICE AND THAT, TOGETHER WITH
APPLICABLE RULES AND POLICIES, WOULD NOT BE REASONABLY EXPECTED TO IMPAIR THE
ABILITY OF LESSEE TO USE LESSOR'S ATC SPECTRUM AS CONTEMPLATED HEREIN, LESSOR
WILL PREPARE AND FILE WITH THE FCC THE DOCUMENTS NECESSARY TO REQUEST ANY
WAIVERS OF THE COMMUNICATIONS LAWS NECESSARY TO PERMIT THE LEASE OF LEASED
SPECTRUM AND ANY OTHER WAIVERS OR FILINGS NECESSARY TO EFFECTUATE FULLY THE
INTENT OF THIS LEASE AGREEMENT (THE "WAIVER FILINGS" AND, COLLECTIVELY WITH THE
LEASE FILING, THE "FCC FILING").
LESSOR WILL DEVELOP A LIST OF THE WAIVER
FILINGS THAT IT CURRENTLY BELIEVES ARE NECESSARY
AND WILL DELIVER SUCH LIST TO
LESSEE WITHIN TEN (10) BUSINESS DAYS FOLLOWING THE DATE OF EXECUTION OF THIS
LEASE AGREEMENT.
LESSOR WILL WORK TO IDENTIFY AS PROMPTLY AS PRACTICABLE ANY
ADDITIONAL WAIVER FILINGS THAT MAY BE NECESSARY OR APPROPRIATE.
EACH PARTY
(I) WILL FULLY COOPERATE WITH THE OTHER, AND DO ALL THINGS REASONABLY NECESSARY
TO TIMELY SUBMIT THE FCC FILING TO THE FCC, (II) WILL PROMPTLY FILE OR PROVIDE
THE OTHER PARTY WITH ALL OTHER INFORMATION WHICH IS REQUIRED TO BE PROVIDED TO
THE FCC IN FURTHERANCE OF THE TRANSACTIONS CONTEMPLATED HEREBY; AND (III) WILL
USE