Attachment letter

letter

LETTER submitted by CAI Data

letter

2003-07-17

This document pretains to SAT-AMD-19971219-00199 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD1997121900199_715282

McGuireWoods LLP Washington Square 1050 Connecticut Avenue N.W. Suite 1200 To 0eon1709 Washington, DC 20036—5317 www.meguirewoods.com Inti BureaU 1 2003 MeGUIREWOODsS uL 2 6 Front Office July 17, 2003 RECEIVED Via Hand Delive R@Ce" SelglllBivisian Ved JUL 1 7 2003 —Ms—Mariene=Dortch JU : Office of the Secretary L 2 5 2003 FEDERAL ComMunNications commIssion Federal Communications Commission Policy B OFFICE OF THE SECRETARY 445 12th Street, S.W. Internationalgure Washington, D.C. 20554 reay Re: CAl Data Systems, Inc.‘s Response to Pegasus Development Corporation‘s Request for Ka—band Orbital Reassignment to 87 Degrees W.L., File Nos. 88—SAT— P/LA—97; 32—SAT—AMEND—98; IBFS Nos. SAT—LOA—19970702—00057; SAT—AMD— 19971219—00199; SAT—AMD—19990930—00093 Dear Ms. Dortch: CAl Data Systems, Inc. ("CAl Data") hereby opposes Pegasus Development Corporation‘s ("Pegasus") recent request for reassignment of its Ka—band authorization at 117 degrees W.L. to the 87 degrees W.L. orbital location.‘ Furthermore, CAl Data affirms its request that the Federal Communications Commission ("Commission" or "FCC") reassign its Ka—band authorization at 125 degrees W.L. to the 87 degrees W.L. orbital location. For more than two years prior to Pegasus‘ recent request for reassignment, CAl Data has consistently requested that the Commission assign it the 87 degrees W.L. orbital location. Having expected Motorola Inc.‘s ("Motorola") orbital locations to become available for second— round applicants, CAl Data requested that the FCC assign the 87 degrees W.L. orbital location to CAl Data." As anticipated, the Commission rendered a decision declaring Motorola‘s Millenium license, which included the orbital locations 75 degrees W.L, 77 degrees W.L., 87 degrees W.L., and 91 degrees W.L., null and void." Subsequently CAl affirmed its request for reassignment of its 125 degrees W.L. orbital location to the 87 degrees W.L. orbital location.* 1 See Letter from Bruce D. Jacobs and Tony Lin, counsel for Pegasus, to Marlene H. Dortch, FCC Secretary (July 10, 2003). £ See Letter from James U. Troup, counsel for CAl Data, to Magalie Roman Salas, FCC Secretary, gJune 8, 2001). In the Matter of Application of Motorola, Inc. and Teledesic, LLC for Consent to Assignment of Authority to Launch and Operate the Millenium Geostationary Fixed—Satellite Service System; Request of Teledesic for Exemption from the Cut—Off Rule for Pending Applications for Authority to Launch and Operate Geostationary and Non—Geostationary Fixed Satellite Systems; Petition of Motorola, Inc. and Teledesic LLC for Extension of Time Allowed for Commencement of Construction, Memorandum and Order, 17 FCC Red 16543 (2002). * Letter from James U. Troup, counsel for CAl Data, to Marlene H. Dortch, FCC Secretary, (September 16, 2002).

July 17, 2003 Page 2 In addition to CAl Data‘s long—standing request to be assigned the 87 degrees W .L. orbital location, it would also be more equitable and in the public interest to assign the 87 degrees W.L. orbital location to CAl Data rather than to Pegasus. As part of the second—round assignments, the Commission granted Pegasus authority to operate at five orbital locations: 117 degrees W.L; 107 degrees W.L.; 43 degrees W.L.; 28 degrees E.L.; and, 107.5 degrees E.L." In fact, Pegasus was granted the largest number of Ka—band orbital locations as part of the second—round assignments.© On the other hand, CAl Data, was granted one Ka—band orbital location at 125 degrees W.L.‘ CAIl Data‘s entire business plan is dependent on the one orbital location, whereas Pegasus, with its five orbital locations, has greater flexibility to develop its proposed services. Furthermore, Pegasus already has two orbital locations (117 degrees W.L. and 107 degrees W.L.) that provide superior coverage of the continental United States compared to the one far western orbital location (125 degrees W.L.) assigned to CAl Data. It would promote competition and better serve the public interest to assign the 87 degrees W.L. orbital location to the party—CAI Data—that has not only one assigned orbital location, but one that is inferior in coverage compared to the two orbital locations assigned to the other party—Pegasus. The very viability of CAl Data‘s entire business plan is significantly improved by reassigning it the 87 degrees W.L. orbital location, whereas assigning it to Pegasus might only enhance its ability to supplement an already existing service. The public interest would be better served by ensuring that a truly new entrant to the satellite business, CAl Data, is able to effectively compete to provide new and innovative services to the public. CAl Data, therefore, requests that the Commission grant its request for reassignment of the 87 degrees W.L. orbital location and reject Pegasus similar request. Should you have any questions regarding this matter, please do not hesitate to contact the undersigned. Very truly yours, James U. Troup Adrian B. Copiz Counsel for CAl Data Systems, Inc. 5 In the Matter of Pegasus Development Corporation; Application for Authority to Construct, Launch, and Operate a Ka—Band Satellite System in the Fixed—Satellite Service, 16 FCC Red 14378 (2001). CAl Data also notes that Pegasus, in its recent letter to the FCC, only mentions two of the five orbital locations for which it was granted authority (117 degrees W.L. and 107 degrees W.L.). See also In the Matter of Second Round Assignment of Geostationary Satellite Orbit Locations to Fixed Satellite Service Space Stations in the Ka—Band, 17 FCC Red 14400 (2002) (listing the five Ka—band orbital Locations for which Pegasus holds authorization). Id. 7 1d.

CERTIFICATE OF SERVICE I, Monica Gibson—Moore, a secretary with the law firm of McGuireWoods, LLP hereby certify that I have this 17th day of July, 2003 caused copies of the foregoing letter to be delivered by hand (*) or served by first class mail, postage prepaid, to the following: Don Abelson* Peter Rohrbach Chief, International Bureau Karis Hastings Federal Communications Commission Hogan & Hartson, LLP 445 Twelfth Street, S.W. Columbia Square Washington, DC 20554 555 Thirteenth Street, N.W. Washington, DC 20004—1109 Jennifer Gilsenan* Counselfor SES Americom Satellite Division International Bureau Bruce D. Jacobs Federal Communications Commission Tony Lin 445 Twelfth Street, S.W. ShawPittman LLP Washington, DC 20554 2300 N Street, NW. Washington, DC 20037 Robert Horvath Counselfor Pegasus Development Corp. Astrolink Holding LLC 6701 Democracy Blvd. Pantelis Michalopoulos Bethesda, MD 20817 Steptoe & Johnson, LLP 1330 Connecticut Ave., NW. Brian D. Weimer Washington, DC 20036—1795 Skadden Arps Slater Meagher & Flom LLP Counselfor EchoStar Communications 1440 New York Avenue, N.W. Corporation and VisionStar, Inc. Washington, DC 20005 Counselfor Celsat America, Inc. Stephen Coran Manatt, Phelps & Phillips, LLP Gary Epstein 1501 M Street, NW, Suite 700 John Janka Washington, DC 20005 Latham & Watkins Counselfor KaStarcom World Satellite, 1001 Pennsylvania Ave., NW. LLC Washington, DC 20554 Counselfor Hughes Network Systems, Inc. Robert Mazer Vinson & Elkins, LLP Stephen Bell 1445 Pennsylvania Ave., NW. Jennifer McCarthy Suite 700 Willkie Farr & Gallagher Washington, DC 20004—1008 1875 K Street, NW. Counselfor NetSat 28 Company, LLC Washington, DC 20006—1238 Counselfor Loral Space & Communications, Ltd.

William Wiltshire Harris, Wiltshire & Grannis, LLP 1200 Eighteenth Street, N.W. Suite 1200 Washington, DC 20036 Counselfor Wildblue Communications, Inc. QJ\ ? V’ Monica bsonMoor


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Document Modified: 2019-04-18 10:19:08
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