North American Network Operators Group

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RE: (fwd) [Oz-ISP] USG takes control of xpnder off PAS-2

  • From: Sean Donelan
  • Date: Fri Sep 21 17:14:54 2001

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.

Lower levels of pre-emption work much like the electrical grid or
advertisers on the television networks.  You get a discount, in
return the carrier is able to turn off your circuit if they need
the transponder for something else, or just a better paying customer.
For example, if PanAmSat lost a satellite and re-routed traffic over
PAS-2, people who took the discount also accepted the risk they
could be pre-empted on PAS-2.  Or if a higher paying customer,
e.g. US Military needs bandwidth, people getting the discount are
the first ones booted off the satellite.

I suspect the PAS-2 pre-emption is of the second variety.  Which
means you aren't entitled to compensation except as called out in
your contract with PanAmSat.