Attachment request

request

REQUEST submitted by Celsat

request

2004-10-29

This document pretains to SAT-A/O-19940408-00016 for Authority to Operate on a Satellite Space Stations filing.

IBFS_SATAO1994040800016_405505

Skappen, ArPs, State, MEAGHER & FLom LLP Ccopy 140 new yore wvenue, nw dawbdbrange wishineton, 0. 20005 —2111 aotron sora7i—re0e rucieor 2028700 Aat rorgssareo enrer@san001 con innustadden com ©CBiveq PSie October 23280# 2 200 Folcy imurct via anp pecivery RECEVED Ms. Marlene Dortch OcT 2 9 2004 Secretary Faderl Commrieatons Comniann Federal Communications Commission Offenof Sectny 445 Twelfth Street, S.W. Washington, DC 20554 RE: Celsat America, Inc. Request for Confidential Treatment Dear Ms. Dortch: On behalf of Celsat America, Inc. (*Celsat"),enclosed please find a Request for Confidential Treatment, which should be associated with the following Commission files: 2 Gilz MSS License Ka—band License File Nos File Nos: 2627ps—55—7.94 192:—SAT—AMEND—97 36—AT—AMEND95 88.SAT—AMEND—98 6S!6@6T— SAT—AMEND—96 192.SAT— AMEND— 97 s8.5AT— AMEND—98 IBFS Nos. IBFS Nos. SAT—A/O—19940408—00016/17/18 sAT—AMD—19970925.00124 SAT—AMD—19941 125—00080 SAT—AMD—19980123—00009 SAT—AMD—19960124—0000789 sar—AmD—20001 10300153 SAT—AMD—19970925— 00124 SAT—AMD—19980113—00009 SAT—AMD—20001103—00183 Celsat hereby requests confidentialtreatment of Exhibit E, which contains payment plan and termination liability amounts. Exhibit E, which has been withheld from this publicfilig, has been submitted in its entirety to Alyssa Roberts ofthe Commission‘s staffunder separate cover.

Ms. Marlene Dortch October 27, 2004 Page 2 Please contact the undersigned should you have any questions conceming the submission. Sincerely, /ém% D l(*flww\ /mfl, Brizn D. Weimer Counsel to Celsat America, Inc. Enclosure ec: Alyssa Roberts (w/ confidential enclosure) stotnC Seeza—msw

Before the rEbERAL ComMUNIcaTions comtmIssION RECEIVED Washington, D.C. 20554 per 49 sad S—band License of File Nos. ied n CELSAT AMERICA, INC. 2em7ms.ns5.9.94 e novey 36—SAT—AMEND95 6SI66/GT— SAT—AMEND—96 192.8AT— AMEND. 97 §8—SAT— AMEND—98 IBFS Nos. SAT—A/O—19940408—00016/1718 saT—AMD—19041 125—00089 SAT—AMD19960124—00007/09 sAT—AMD—19070925— 00124 sAT—AMD—19980113—00009 saT—AMD—20001103—00153 Ka—band License of File Nos. CELSAT AMERICA, INC. 192—5AT—AMEND7 86—5AT—AMEND—98 TBFS Nos. SAT—AMD—19970925—00128 SaT—AMD—19980123—00009 SAT—AMD—20001103—00183 REQUEST FOR CONFIDENTIAL TREATMENT Pursuant to Sections 0.457 and 0.459 ofthe Commission‘s rules, 47 C.FR. §§ 0.457 and 0.459, Celsat America, Inc. ("Celsat") respectfully requests that the Commission withhold from public inspection and accord confidential treatment to the attached Exhibit E, Payment Plan and Termination Liability Amounts, dated July 15, 2004 (‘Exhibit E") to Amendment Number 1, dated July 12, 2004, to the Contract between Celsat and Space Systems/Loral, Inc. (*Loral®) dated July 14, 2002 (the "Contract Amendment®). Celsat is submitiing these materials in response to an inquiry from Federal Communications Commission staff on October 18, 2004 ("Staff Inquiry®). This material supplements Celsats August 11, 2004 submission of the Contract Amendment.

Pursuant to Section 0.459(b) ofthe Commission‘s rules, Celsathereby states as follows: Identification ofSpecific Information for Which Confidential Treatment Is Sought (Section 0.459(b)(1)) Celsat secks confidential treatment of the entie Exhibit E (collectively, the "ConfidentialInformation‘®). Cireumstances Giving Rise to the Submission (Section 0.459(b)2)) Celsat is submitting these materials in response to the aforementioned Staff Inquiry. Explanation of the Degree to Which the Information Is Commercial or Financial, or Contains a Trade Secret or Is Privileged (Section 0.459()G)) The ConfidentialInformation is sensitive commercial and financial information, including payment terms and other commercial arrangements that are not routinely made available for public inspection. See 47 CF.R. § 0.457(d). Explanation of the Degree to Which the Information Concerns a Service that Is Subject to Competition (Section 0.459(b)(4)) Celsat, along with many other applicants, received a license to provide 2 GHz mobile satellte service (*MSS®) in July 201. In addition to competition from the other 2 GHz MSS licensees, Celsat also faces competition from other MSS providers in other frequency bands (eg., Big LEO, L—band) as well as from terrestrial wireless service providers Explanation of How Disclosure of the Information Could Result in Substantial Competitive Harm (Section 0.459(b)(5)) Disclosure of the Confidential Information could result in substantial competitive harm to Celsat because its competitors could seck to use the Confidential Information to undermine Celsats business plan. Identification of Any Measures Taken to Prevent Unauthorized Disclosure (Section 0.4590)(6) The Confidential Information is propriety and confidentialto Celsat and Loral and is subject to a binding non—disclosure provision Identification of Whether the Information Is Available to the Public and the Extent of AnyPrevious Disclosure of the Information to Third Parties (Section 0.459(b)(7)) The Confidential Information is not available to the public and has not been disclosed to the public

8. Justification of the Period During Which the Submitting Party Asserts that Material Should Not BAvailable for Public Disclosure (Section 0.159(b)(8)) Celsat requests that the Confidential Information remain confidential permanently because no third party will have a valid need to review the Confidential Information and dissemination of the Confidential Information — irespective ofwhen it occurs — could cause substantial harm to both Celsat and Loral. #. Other Information that May Be Useful in Assessing Whether the Request for Confidentiality Should Be Granted (Section 0.459(b)(@)) Celsat is pleased to submit the Confidential Information in response to the Sta® Inquiry in order to demonstrate Celsats compliance with the milestones contained in its 2 GHz MSS License and Ka—band License. Given that Celsat otherwise would not submit the Confidential Information (including sensitive commercial and financial information) to the Commission, Celsatrequests thatthe Commission afford confidentialtreatment to the Confidential Information on a permanent basis. Respectfully submitted, Pruwe |) Wewnet Iug Brien D. Weimer SKADDEN, ARPS, SLATE, MEAGHER & FLOMLLP 1440 New York Avenue, NW. Washington, DC 20005 202—371—7000 Counselfor Celsat America, Inc. Dated: October 27, 2004

CERTIFICATE OF SERVICE 1, Malcolm Tuesley, do hereby certify that I caused the foregoing Request for Confidential Treatment ofCelsat America, Inc. t be served on the party listed below by hand delivery on this 27th day ofOctober, 2004. Served Confidential Exhibit Alyssa Roberts Satellite Division Federal Communications Commission 445 12th Street, SW. Washington, D.C. 20554 %&«&4 Malcoim Tuesle suston0C Seeza —msw


Document Created: 2004-11-09 14:44:52
Document Modified: 2004-11-09 14:44:52
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