Attachment 1999WorldSpace + Afr

1999WorldSpace + Afr

LETTER submitted by WorldSpace and AfriSpace

letter

1999-06-17

This document pretains to SAT-AMD-19990125-00016 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD1999012500016_1087567

CoUDERT BROTHERS NEW YORK JAKARTA PARIS HO CHI MINH CITY ATTORNEYS AT LAW WASHINGTON HANO1T LONDON BERLIN 1627 I STREET, NW. BRUSSEL S DENVER WASHINGTON, D.C. 20006 TEL:202 778—5100 Fax:202778—1168 HONG KONG §$T. PETERSBURG SINGAPORE MONTREAL SAN FRANCISCO ALMATY BEIJING PALO ALTO SsYDNEY MEXICO CITY ASSOCIATED OFFICE LOS ANGELES Rios FERRER Y SAN JOSE GUILLEN—LLARENA, s.C. June 17, 1999 TOKYO BUDAPEST ASSOCIATED OFFICE moscow nacy Es trocsAnyv BANGKOK Uevrvépi iropa Ms. Magalie Roman Salas Secretary FEOERE hss Federal Communications Commissions,.. ..‘9 comagy 445 12th Street, S.W. TW—A325 W "re Washington, D.C. 20554 Re: Application of AfriSpace, Inc for Authority to Launch and Operate a Satellite Sound Broadcasting Transmission System; File No. CSS—90—017; IBFS File Nos. SAT—LOA—19900723—00002; SAT—AMD—19990125—00016 Dear Ms. Salas: On May 27, 1999, the General Aviation Manufacturers Association ("GAMA") submitted a letter to the Federal Communications Commission ("Commission"). This letter responded to our request, as counsel to AfriSpace, Inc. and WorldSpace, Inc., that GAMA‘s filing be rejected for failure to comply with Section 25.154(a)(5) of the Commission‘s Rules. Section 25.154(a)(5) requires that oppositions to pleadings must "[cJontain a certificate of service showing that it has been mailed to the applicant no later than the date the pleading is filed with the Commission." In the May 27th letter, GAMA asserts that its letter was in accordance with the Commission‘s Public Notice issued on March 4, 1999 because its letter was an ex parte presentation. Apparently, it was just a coincidence that the GAMA letter was filed on the same date, May 3, that the Commission established in its Public Notice as the date to submit responses to the AfriSpace Amendment. Nevertheless, even as an ex parte presentation, GAMA‘s letter fails to comply with the Commission‘s Rules. Section 1.1206 of the Commission‘s Rules contains particular requirements that must be complied with by any party submitting an ex parte presentation. First, GAMA‘s May 3rd presentation was not labeled as an ex parte communication. Further, GAMA‘s letter did not indicate whether this communication was a result of a permitted oral presentation or, alternatively, a written presentation to Commission

Letter to Ms. Roman Salas CoupERT BRoOoTHERS June 17, 1999 Page 2 "decision—making personnel" (which does not include the Secretary of the Commission, see 47 C.F.R. §1.1202(c)). In fact, GAMA‘s letter failed to indicate whether an ex parte communication was made prior to, or concurrent with, the submission of the May 3 letter. If GAMA met with decision—making personnel, then it needed to disclose with whom it met, when and what it discussed. If its letter was the sole ex parte presentation, then it should have been addressed to appropriate Commission staff. GAMA‘s failure to comply with the Commission‘s requirements for filing an ex parte communication, coupled with the coincidental filing date of its letter, led to the conclusion that the May 3rd letter was intended to be a formal filing. It is just this type of confusion that the Commission seeks to avoid with its rules regarding ex parte communications. We renew our objection to making GAMA‘s May 3rd letter part of the record in the above—reference proceeding. Sincerely, Tara K. Giunta Counsel to WorldSpace, Inc. and AfriSpace, Inc.

CERTIFICATE OF SERVICE I, Christine L. Zepka, hereby certify that on this 17th day of June, 1999, a true and correct copy of the foregoing letter was sent by first class U.S. mail, postage prepaid, to the following parties: Chairman William E. Kennard* Thomas S. Tycz* Federal Communications Commission Chief, Satellite and Radiocommunications The Portals Division, International Bureau 445 12th Street, S.W. Room 8—B201 Federal Communications Commission Washington, D.C. 20554 The Portals 445 12th Street, S.W. 6th Floor West Commissioner Harold Furchtgott—Roth* Washington, D.C. 20554 Federal Communications Commission 445 12th Street, S.W. Room 8—¢A302 Fern Jarmulnek* Washington, D.C. 20554 Chief, Satellite Policy Branch International Bureau Commissioner Susan Ness* Federal Communications Commission Federal Communications Commission 445 12th Street, S.W. 6th Floor West The Portals Washington, D.C. 20554 445 12th Street, S.W. Room 8—B115 Washington, D.C. 20554 Rosalee Chiara®* Deputy Chief, Satellite Policy Branch Commissioner Michael Powell* International Bureau Federal Communications Commission Federal Communications Commission 445 12th Street, S.W. Room 8—A¢A204 The Portals Washington, D.C. 20554 445 12th Street, S.W. 6th Floor West Washington, D.C. 20554 Commissioner Gloria Tristani* Federal Communications Commission Cassandra Thomas* The Portals Satellite and Radiocommunications 445 12th Street, S.W. Room 8—C302 Division, International Bureau Washington, D.C. 20554 Federal Communications Commission 445 12th Street, S.W. 6th Floor West Roderick K. Porter* Washington, D.C. 20554 Acting Chief, International Bureau Federal Communications Commission Dale N. Hatfield* 445 12th Street, S.W. 6th Floor West Chief, Office of Engineering and Washington, D.C. 20554 Technology Federal Communications Commission 445 12th Street, SW. Room 7C155 Washington, D.C. 20554

Stagg Newman* Larry Irving Chief, New Technology Development Assistant Secretary for Communications Division and Information Federal Communications Commission United States Department of Commerce 445 12th Street, S.W. Room 7C155 Herbert C. Hoover Building Washington, D.C. 20554 14th & Constitution Avenue, N.W. Room 4898 Paul Marrangoni* Washington, D.C. 20230 Chief, Experimental License Branch Federal Communications Commission Rex D. Miller 445 12th Street, S.W. Room 7C155 Chair, Aerospace & Flight Test Radio Washington, D.C. 20554 Coordinating Council c/lo Arter & Hadden, LLP Ambassador Vonya McCann 1801 K Street, N.W. Suite 400K United States Department of State, EB/CIP Washington, D.C. 20006 Bureau of International Communications and Information Policy William K. Keane 2201 C Street, NW. Room 4826 Mark Van Bergh Washington, D.C. 20520 Arter & Hadden, LLP 1801 K Street, N.W. Suite 400K Edward M. Bolen Washington, D.C. 20006 President & CEO General Aviation Manufacturers Counsel to Aerospace & Flight Test Radio Association Coordinating Council 1400 K Street, NW. Suite 801 Washington, D.C. 20005—2485 (Cfus & _ * Hand delivered Christine L. Zepka


Document Created: 2015-04-29 16:52:26
Document Modified: 2015-04-29 16:52:26
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC