Exhibit 1

0018-EX-AU-2012 Text Documents

DRS Sustainment Systems, Inc.

2012-09-26ELS_129732

Exhibit 1 This application (“Application”) seeks Commission consent, nunc pro tunc, to the pro forma assignment of license, and pro forma transfer of de facto control, of the facilities authorized under experimental Station WE2XPT (the Station”), from DRS Sustainment Systems, Inc. (“DRS SSI”) to DRS C3 & Aviation Company (“DRS C3”). DRS SSI and DRS C3 will be referred to collectively herein as the “Parties”. Prior to January 1, 2011, the facilities authorized under the license for Experimental Station WE2XPT (the “Facilities”) were operated by employees of DRS Sustainment Systems, Inc. (“DRS SSI”) at the locations specified on the license, in support of the “ManPortable Surveillance and Target Acquisition Radar” (MSTAR) program. Effective January 1, 2011, the DRS SSI employees involved in conducting experiments using the Facilities became employees of DRS C3, and the Facilities were transferred from DRS SSI to DRS C3, in support of the experimentation program which is now known as “Border Force Protection Systems – Domestic”. These actions appear to have effectuated a pro forma assignment of the Station’s license, and a pro forma transfer of de facto control of the Facilities, from DRS SSI to DRS C3&A. Unfortunately, prior Commission consent was inadvertently not obtained for these actions, but the inadvertence was reported to the Commission in the applicants’ one year compliance report submitted pursuant to File No. EB-10-IH-1291. The instant Application is being filed with the Commission upon completion of the transaction documentation and preparation of relevant filing materials. The Application is being signed by Thomas P. Crimmins, who is the Treasurer of both DRS SSI and DRS C3. Due to the nature of the license involved in this matter, a foreign ownership ruling pursuant to Section 310(b)(4) of the Communications Act is not required. The Parties respectfully submit that approval of the transaction, nunc pro tunc, is necessary to permit DRS C3 to continue to operate the Station so as to ensure the seamless operation of the experimental Facilities authorized under the subject license. Accordingly, approval of this application is in the public interest, convenience and necessity, as it will ensure compliance with the Commission’s requirements while preserving the continuity of the business operations of DRS C3. In this regard, it is noted that the subject Facilities are used solely for the experimental purposes authorized under the license and are not used for the provision of commercial telecommunications service, and as explained above, the failure to request prior Commission consent for the transaction was inadvertent. As further explained above, the transaction was reported in applicants’ one year compliance report submitted pursuant to File No. EB-10-IH-1291 and the instant Application is being filed with the Commission upon completion of the transaction and preparation of relevant filing materials. For the foregoing reasons, it is respectfully submitted that grant of the Application is in the public interest.


Document Created: 2019-05-30 18:14:44
Document Modified: 2019-05-30 18:14:44
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