shall pay three-quarters of
the costs thereof.
ARTICLE THREE
ARTICLE THREE USE OF SERVICE
3.1
REGULATORY MATTERS:
(A)
LAWFUL PURPOSES: PNC AND ITS CUSTOMERS SHALL UTILIZE THE SERVICE
ONLY FOR LAWFUL PURPOSES AND IN COMPLIANCE WITH ALL APPLICABLE RULES, POLICIES,
AND REGULATIONS OF THE FCC AND THOSE OF ANY OTHER FEDERAL, STATE, OR LOCAL
GOVERNMENTAL BODIES.
(B)
RELATIONSHIP TO FCC: ALL MSS PROVIDED BY MOTIENT, INCLUDING THE
SERVICE AS PROVIDED UNDER THIS AGREEMENT, IS SUBJECT TO APPLICABLE LAW,
INCLUDING FCC RULES AND REGULATIONS. PNC HEREBY CONSENTS TO THE FILING OF THIS
AGREEMENT WITH THE FCC IF REQUIRED BY APPLICABLE LAW AND
REGULATION.
MOTIENT SHALL ADVISE PNC IN ADVANCE OF SUCH A FILING.
WITHOUT
LIMITATION, THIS AGREEMENT IS CONTINGENT UPON RECEIPT OF ANY NECESSARY APPROVALS
AND AUTHORIZATIONS OF THE FEDERAL COMMUNICATIONS COMMISSION. THE PARTIES WILL
COOPERATE TO SEEK SUCH APPROVALS AND COORDINATION, PROVIDED THAT MOTIENT WILL BE
RESPONSIBLE FOR FREQUENCY COORDINATION. HOWEVER, NOTHING IN THIS AGREEMENT SHALL
BE CONSTRUED TO EFFECTUATE AN UNAUTHORIZED TRANSFER OF CONTROL OF MOTIENT'S
LICENSED FACILITIES TO PNC. MOTIENT REMAINS RESPONSIBLE FOR CONTROL OF THOSE
FACILITIES UNDER FCC RULES AND MUST ITSELF FILE FOR ANY LICENSE RENEWALS OR
OTHER REGULATORY APPROVALS.
(C)
ALLOCATION OF CAPACITY: PNC ACKNOWLEDGES AND AGREES THAT (I) MSS
CAPACITY, INCLUDING THE SERVICE, IS FINITE AND WILL BE MADE AVAILABLE TO
MOTIENT'S CUSTOMERS, INCLUDING PNC, ON A FIRST-COME, FIRST-SERVED BASIS, SUBJECT
TO THE AVAILABILITY OF MSAT CAPACITY, AND (II) MOTIENT RESERVES THE RIGHT, IN
ITS SOLE DISCRETION, TO ALLOCATE SATELLITE CAPACITY AMONG ALL OF ITS SERVICES.
3.2
PREEMPTION, INTERRUPTION, OR SUSPENSION OF SERVICE:
(A)
EMERGENCY PREEMPTION:
PNC'S OR ITS CUSTOMERS' USE OF THE SERVICE
MAY BE PREEMPTED, INTERRUPTED OR SUSPENDED DUE TO CONDITIONS, OR FOR REASONS,
BEYOND MOTIENT'S CONTROL ("EMERGENCY PREEMPTION"), INCLUDING BUT NOT LIMITED TO
MAINTENANCE REQUIREMENTS OR EMERGENCY CONDITIONS EXPERIENCED BY MOTIENT; TO
PROTECT MOTIENT'S PERSONNEL, FACILITIES OR SERVICES; TO PROVIDE PRIORITY AND
PREEMPTIVE ACCESS TO MOTIENT'S SATELLITE SYSTEM AS REQUIRED BY THE U.S. COAST
GUARD; TO PROVIDE RESPONSIVE EMERGENCY SUPPORT DURING ANY NATURAL OR MAN-MADE
DISASTERS.
(B)
NOTICE TO PNC:
IN THE EVENT OF EMERGENCY PREEMPTION, MOTIENT
SHALL NOTIFY PNC SOON AS PRACTICABLE AND SHALL USE ITS BEST EFFORTS TO RESTORE
SERVICE AS QUICKLY AS PRACTICABLE.
(C)
SCHEDULED MAINTENANCE: THE USE OF THE SERVICE MAY BE INTERRUPTED
DUE TO SCHEDULED. MAINTENANCE, SUBJECT TO ADVANCE NOTICE TO PNC. MOTIENT WILL
USE ITS BEST EFFORTS TO PROVIDE AS MUCH NOTICE AS REASONABLY POSSIBLE OF
SCHEDULED MAINTENANCE.
3.3
SERVICE CREDITS:
(A)
MOTIENT WILL GRANT TO PNC A SERVICE CREDIT IN THE EVENT OF SERVICE
OUTAGES, INCLUDING OUTAGES CAUSED BY EMERGENCY PREEMPTION, AS SET FORTH IN THIS
SECTION 3.3. NO SERVICE CREDIT WILL BE GRANTED WHERE THE SERVICE IS INTERRUPTED
OR UNAVAILABLE DUE TO THE NEGLIGENCE OF PNC OR TO THE FAILURE OF FACILITIES AND
EQUIPMENT PROVIDED BY PNC OR ITS OTHER COMMUNICATIONS PROVIDERS.
(1)
PNC SHALL ACCRUE CREDIT FOR FUTURE SERVICE IN AN AMOUNT EQUAL TO
THE ACTUAL PERIOD OF TIME FOR WHICH THE SERVICE IS COMPLETELY UNAVAILABLE FOR A
PERIOD OF ONE