Attachment amendment satamd1999

This document pretains to SAT-AMD-19990930-00094 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD1999093000094_1161636

READ INSTRUCTIONS CAREFULLY                                                                                                                                 APPROVED BY OMB 3060—0589
   BEFORE PROCEEDING                                                   FEDERAL COMMUNICATIONS COMMISSI


                                                                                                                                       Amends SAT—LOA-1QQ7092500123 ——
ipibssess                   358210                                                      PAGE No.           _SE?                               191—SAT—P/LA—97


       YER                                 .                 iclly as It appears on your card)                                             (3) TOTAL AMOUNT PAID (dollars and cents)
      Haig Capital, LLC                                                                                                                    *                                      1280 .00
 (4) STREET ADDRESS LINE NO. 1
    18 Corporate Woods Blvd.,                                              3rd Floor
 (5) STREET ADDRESS LINE NO. 2


 (6) ony                                                                                              ¢) sae                               (@) 2P coor
   Albany                                                                                                    NY                                  12211
 © DATTME TELEPHONE NUMBER (Include area code)                                                       (10) GOUNTRY GOBE (if not n USA)
  (518) 462—2632


                                                                            SECTION B — AFPL|CANT INFORMATION
(11) APPLDCANT NAME (if paying by credit card, enter name exacily as it appears on your card)
    CAI Satellite Communications,                                                       Inc.
(12) STREET ADDRESS LINE NO 1
    c/o Brian Robinson, Arter & Hadden,                                                                 LLP
(13) STREETADDRESS LINE NO.2 ;
    1801 K Street, N.W., Suite 400—K
(14) CY        I                                                                                     (15) STATE                            (16) ZIP CODE
   Washington                                                                                              DC                                    20006
(17) DAYTME TELEPHONE NUMBER (include area code)                                                     (18) COUNTRY CODE (if not in U.SA.)
     (202) 7757126
                                                   nfllsEB\ncEmflMOREBOXESIARENEEDED“{U:S.E*C'
                                                    A
                                                         :                    SECTION C — PAYMENT INFORMATION
           cau. sicwomer in                (2010PAYMENT TYPE GoE (PTG)                           (21A) QUaNTTY     @zA) FEE DUE FOR (PTC) N ocK 20A
                                             C | W | C ‘                                                       1|                  1,2890.00
(230) Fec cone 1                                                                                           (24A) Foc cope 2

(198)FCC CALL SIGN/OTHER ID                (208) PAYMENT TYPE CODE (PTG)                         (218) QUANTITY    (228) FEE DUE FOR (PTC) IN BLOCK 208
                                                     |            |             |                                  s
(228) Foc cooE 1                                                                                           (248) FCC CODE 2

(190) FCC CALL SIGNIOTHER iD               @0C) PA"l‘MEN‘l‘TYFlE CobE (PT|C)                     (@1C)ovanmty
                                                                                                                  s
Z20) ree cone 1                                                                                            (24G)FoG cobe 2

(19D) FCC CALL SIGN/OTHER D                (@200) PA\l‘MENTWPT CODE (PT|C)                       (@t0)ouanmy

(230) Eoc cope 1




 PAYER TIN                            0|o s 1|3
 @nce              ToN STaTEMENT
 M                              pamime                                         , Certify under penalty of perjury that the foregoing and supporting Information

 are true and correct to the best of my knowledge, infomation and belief,                                                 SIGNATURE
                                                                      SECTION F — CREDIT CARD PAYMENT INFORMATION
 o                              Ninstercanovis® Account Numeer:
         mastercaro
                                                                                                                                                    Morm       vear
         Yea          1 herebyauthories the FCG to charg myVISAcrMASTERCARD              AUTHORZED SIGNATURE                                            DAtE
                      for the servca(ssutheczaton(s)heran desceied.                 p
                                                             SEE PUBLIC BURDEN ESTIMATE ON REVERSE                                             FCC FORM 159             JULY 1997 (REVISED)


                                      ARTER & HADDENu
                                            ATTORNEYS             AT       LaAW

                                                       founded 1843
Austin                                                   .                                              San Antonio
Cleveland                                                                                               San Di
Columbus                                     1801 K Street, N.W., Suite 400K.                           San Fr:f:isco
Dallas                                        Washington, D.C. 20006—1301         —                     Washington, D.C.
Dayton
Irvine                                            telephone 202.775.7100                                Woodland Hills
                                                                                                        Affiliated Offices
Los Angeles                                       facsimile 202.857.0172
                                                                                                        Brussels, Belgium
Sacramento
                                                                                                        Geneva, Switzerland

                                                                                               Direct Dial: (202) 775—7960
                                                                                          Internet: jtroup@arterhadden.com
                                                                                                  brobinso@arterhadden.com


                                                September 30, 1999

         Ms. Magalie Roman Salas, Secretary
         Federal Communications Commission
         International Bureau — Earth Station
         P.O. Box 358210
         Pittsburgh, PA 15251—5210

                Re:   FCAI Satellite Communications, Inc.
                      Application Amendment (FCC Form 312)

                       File No.       191—SAT—P/LA—97


         Dear Ms. Salas:

                CAI Satellite Communications, Inc. (CAI), by its attorneys, hereby submits an original
         and nine copies of its FCC Form 312 Application amendment to the referenced V—band system
         application. Also enclosed is a Fee Remittance Form (FCC Form 159) and a check payable to
         the Federal Communications Commission in the amount of $1,280 to cover the filing fee.
         Acknowledgment and date of receipt of this filing is requested. A duplicate copy of this
         application is provided for this purpose.

                Should you have questions concerning this matter, please contact Brian Robinson at (202)
         775—7126.                                                                    |

                                                                  Sincerely,




                                                                  Brian D. Robinson
         enclosure


                                                                                                                                                           Approved by OMB
  FCC 312                                                                                                                                                          3050—0078
  Main Form                                                                                                                                           Est. Avg. Burden Hours
                                                                                                                                                      Per Response: 11 Hes.
                              FEDERAL COMMUNICATIONS COMMISSION                  "C
                APPLICATION FOR SATELLITE SPACE AND EARTH STATION AUTHORIZATIONS




                                                                                                APPLICANT INFORMATION
1. Legal Name ofApplicant                                                                                                                                                          2. Voice Telephone Number
CAI Satellite Communications,                                           Inc.                                                                                                       518—462—2632
3. Other Name Used for Doing Business (ifany)                                                                                                                                      4. Fax Telephone Number
                                                                                                                                                                                   518—462—2951
5. Mailing Street Address or P.O. Box                                          —                                                                   6. City
18 Corporate Woods Boulevard                                                                                                                      Albany
                                                                                                                                                   7. State / Country (ifnot U.9.A.)                                  8. Zip Code
   ATTENTION:                                                                                                                                        NY                                                               12211
9. Name of Contact Representative (Ifother than applicant)                                                                                                                          10. Voice Telephone Number
Brian D.               Robinson                                                                                                                                                    202—775—7126
11. Firm or Company Name                                                                                                                                                            12. Fax Telephone Number
Arter & Hadden,                          LLP                                                                                                                                       202—857—0172
13. Mailing Street Address or P.O. Box                                                                                                             14. City
1801 K Street, N.W., Suite 400K                                                                                                                   Washington
                            s                         s                                                                                            15. State / Country        (ifnot U.S.A.)                          16. Zip Code
   AtTTENTion: Brian D.                      Robinson                                                                                             fafe                   ty C                                        20006—1301




                                                                                              CLASSIFICATION OF FILING
17. Place an "X" in the box next to the classification that applies to this filing for both questions a. and b. Mark only one box for 17a and only one box for 17b.
                                           D b1. Application for License ofNew Station                               D b6. Transfer ofControl of License or Registration

                                J          [Z] b2. Application for Registration ofNew                                [] b7. Notification ofMinor Modification
       [Z] at. Earth Station                        Domestic Receive—Only Station                                                   2.
                                           [X b3. Amendment to a Pending Application                                [_] b8. Application for License ofNew Receive—Only Station Using Non—U.S. Licensed Satellite
       [X a2. Space Station                             tBaar        &            fotran                                                                    &            :          .       faas          a
                                           [:] b4. Modification of License or Registration                          D b9. Letter ofIntent to Use Non—U.S. Licensed Satellite to Provide Service in the United States

                                           [] b5. Assignment ofLicense or Registration                              [7] b10. Other (Please Specify):

18. If this filing is in reference to an existing station, enter:                                                    19. Ifthis filing is an amendment to a pending application enter:
     Call sign ofstation:                                                                                                 (a) Date pending application was filed:                              (b) File number ofpending application:
                                                                                                                              September 25,                     1997                                191—SAT—P/LA—97—


                                                                                                                                                                                                                        FCC 312, Main Form — Page 1
                                                                                                                                                                                                                                    February, 1998


                                                                                                       TYPE OF SERVICE
 20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) ofservice(s): Place an "X"" in the box(es) next to all that apply.
        [A a. Fixed Satellite       [_] c. Radiodetermination Satellite      [_] e. Direct to Home Fixed Satellite
        [Z] b. Mobile Satellite     [D] d. Farth Exploration Satellite       [_] £Digital Audio Radio Service      [_] g. Other (pleasespecify)
21. STATUS: Place an "X"in the box next to the applicable status. Mark only one box.                                    22. Ifearth station applicant, place an "X" in the box(es) next to all that apply.
       [_] a. Common Carrier                          [ b. Non—Common Carrier                                                     [_] a. Using U.S. licensed satellites                   [_] b. Using Non—U.S. licensed satellites

23. Ifapplicant is providing INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Mark only one box. Are these facilities:
       [~] a. Connected to the Public Switched Network                                        [_] b. Not connected to the Public Switched Network


24. FREQUENCY BAND(S): Place an "X"‘ in the box(es) next to all applicable frequency band(s).
       [_] a. C—Band (4/6 GHz)


                                                                                                      TYPE OF STATION
25. CLASS OF STATION: Place an "X"" in the box next to the class ofstation that applies. Mark only one box.
       [Z] a. Fixed Earth Station     [_] b. Temporary—Fixed Earth Station      [_] c. 12/14 GHz VSAT Network           [_] d. Mobile Earth Station           e. Space Station       [_] £Other
    Ifspace station applicant, go to Question 27.                                                                                                                                        (Specify)
26. TYPE OF EARTH STATION FACILITY Mark only one box.
       L___] a. Transmit/Receive                      D b. Transmit—Only                      |:| ©. Receive—Only



                                                                             PURPOSE OF MODIFICATION OR AMENDMENT
27. The purpose ofthis proposed modification or amendment is to: Place an "X"" in the box(es) next to all that apply.

                                                         [ a —— authorization to add new emission designator and related service
                                                              b —— authorization to change emission designator and related service
                                                         [~—] c —— authorization to increase EIRP and EIRP density
                                                              d —— authorization to replace antenna
                                                              e —— authorization to add antenna
                                                              £—— authorization to relocate fixed station
                                                              g —— authorization to change assigned frequency(ies)
                                                              h — authorization to add Points ofCommunication (satellites & countries)
                                                              1 —— authorization to change Points ofCommunication (satellites & countries)
                                                              j —— guthorization for facilities for which environmental assessment and radiation hazard reporting is required
                                                         [x] k—Othee (PleaseSpeciyUdate ownership information


                                                                                              ENVIRONMENTAL POLICY
28. Would a Commission grant ofany proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.13077                                j              YE                     NO
    If YES, submit the statement as required by Sections 1.1308 and 1.1311 ofthe Commission‘s rules, 47 C.F.R. §§ 1.1308 and 1.1311, as an exhibit to this application.                     D        S             @



                                                                                                                                                                                                                FCC 312, Main Form — Page 2
                                                                                                                                                                                                                            February, 1998


                                                                                        ALIEN OWNERSHIP
 29. Is the applicant a foreign government or the representative of any foreign government?                                                                            [] YEsS            [(# No

30. Is the applicant an alien or the representative of an alien?                                                                                                       [] yEs             [3 No

31. Is the applicant a corporation organized under the laws of any foreign government?                                                                                 [] yEs             [3 No
32. Is the applicant a corporation of which more than one—fifth of the capital stock is owned of record or voted by aliens or their                         .          [ ¥yEs             § No
    representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a
     foreign country?                                                                                                           .
33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than one—fourth of the                                     ) ¥Es              [3 No
    capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative
    thereof or by any corporation organized under the laws of a foreign country?
34. If any answer to questions 29, 30, 31, 32 and/or 33 is Yes, attach as an exhibit, the identification of the aliens or foreign
    entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote.


                                                                            BASIC QUALIFICATIONS
35. Does the applicant request any waivers or exemptions from any ofthe Commission‘s Rules?                                                                            [] ¥Es            [3 No
    IfYes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents.
36. Has the applicant or any party to this application had any FCC station authorization or license revoked or had any                                                 [ vEs             [4 No
    application for an initial, modification or renewal of FCC station authorization, license, or construction permit denied by the
    Commission? If Yes, attach as an exhibit, an explanation of the circumstances.
37. Has the applicant, or any party to this application, or any party directly or indirectly controlling the applicant ever been                                       C ¥Es        —_   [3 NO
    convicted of a felony by any state or federal court? If Yes, attach as an exhibit, an explanation of the circumstances.
38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant, guilty ofunlawfully                                  ) ¥Es             [4 No
    monopolizing or attempting unlawfully to monopolize radio communication, directly or indirectly, through control of
    manufacture or sale of radio apparatus, exclusive traffic arrangement or any other means or unfair methods of competition?
    If Yes, attach as an exhibit, an explanation of the circumstances.
39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending matter referred               ) ¥Es       [3 No
    to in the proceeding two items? If Yes, attach as an exhibit, an explanation of the circumstances.
40. Ifthe applicant is a corporation and is applying for a space station license, attach as an exhibit the names, addresses, and citizenship ofthose
    stockholders owning of record and/or voting 10 percent or more of the Filer‘s voting stock and the percentages so held. In the case of fiduciary      gee Exhibit A.
    control, indicate the beneficiary (ies) or class of beneficiaries. Also list the names and addresses ofthe officers and directors ofthe Filer.
41. By checking Yes, the undersigned certifies, that neither the applicant nor any other party to the application is subject to a denial             [3 vEs      [ No
    ofFederal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act of 1988, 21 U.S.C. Section 862, because
    of a conviction for possession or distribution of a controlled substance. See 47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes.
42a. Does the applicant intend to use a non—U.S. licensed satellite to provide service in the United States?                                                           [] YEsSs          [3 No
     If yes, answer 42b and attach an exhibit providing the information specified in 47 C.F.R. § 25.137,as appropriate.
     Ifno, proceed to question 43.
42b. What administration has licensed or is in the process of licensing the space station? If no license will
     be issued, what administration has coordinated or is in the process of coordinating the space station?


                                                                                                                                                                                  ECC 312, Main Form — Page 3
                                                                                                                                                                                              February, 1998


 43. Description. (Summarize the nature of the application and the services to be provided).
  No Change.




    Exhibit No.         Identify all exhibits that are attached to this
                                  can                       p      ormat1ion.




                                                                                     CERTIFICATION
  The Applicant waives any claim to the use of any particular frequency or ofthe electromagnetic spectrum as against the regulatory power ofthe United States because of the
  previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this application. The applicant certifies that grant of this
  application would not cause the applicant to be in violation ofthe spectrum aggregation limit in 47 CFR Part 20. All statements made in exhibits are a material part hereof and
  are incorporated herein as if set out in full in this application. The undersigned, individually and for the applicant, hereby certifies that all statements made in this application
  and in all attached exhibits are true, complete and correct to the best ofhis or her knowledge and belief, and are made in good faith.
44. Applicant is a (an): (Place an "X" in the box next to applicable response.)
 [7] a. Individual     [|] b. Unincorporated Association        [_] c. Partnership   [Z] d. Corporation   [_] e. Governmental Entity    [_] £. Other
                                                                                                                                            (Please specify)
45. Typed Name ofPerson Signing                                                                            46. Title ofPerson Signing

Jared Abbruzese                                 e
47. Signature                                                                                                                                 48. Date
                                                        f
                                                                                                                                                         9—28—99
       WILLEUL FALSE STATENnyTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT
    \(U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47,
      Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).
                                                                                                                                                                   FCC 312, Main Form — Page 4
                                                                                                                                                                               February, 1998


                                                                                        Exhibit A
                                                                                ECc Form 312
                                                                        September 28, 1999
                                                                                    Page 1 of 6


                                     Appl,ica'vt.i.(‘m,);&me‘ndment

       CAI Satellifé Commfihications, ‘Inc‘. (CAD) hereby submits this Amendment to its

application for authority to constfucf, Iéfin’ch and operate a new V—band éatelli’te system- to update

information relating to the ownership of CAI and its parent company CAI Wireless Systems, Inc.

(CAI Wireless), following the recent consummation of certain transa;:tions by CAI Wireless. To

the extent necessary CAI also requests an exemption ofthe "cut—off" rule pursuant to Section

25.116 of the Commission‘s regulations to permit the continued consideration of CAI‘s

application in the current V—band processing round.

       Ownership Information.

       At the time CAI filed its initial application, it was a wholly—owned subsidiary of CAI

Wireless, a publicly traded entity and one of the nation‘s largest providers of wireless cable

television services. Subsequent to the filing of its initial application, CAI ceased to be a wholly—

owned subsidiary of CAI Wireless when CAI Wireless filed a voluntary petition for

reorganization under Chapter 11 in the U.S. Bankruptcy Court for the District of Delaware, Case

No. 98—17659. The plan of reorganization contemplated, inter alia, that all of the common stock

of CAI Wireless issued prior to the filing of the petition for reorganization would be canceled,

and new shares Qould be issued to CAI Wireless‘ pre—petition creditors. Merrill Lynch Global

Allocation Fund became the single largest shareholder of CAI Wireless, with 41 percent of the

issued and outstanding shares of the reorganized CAI Wireless. No other creditor/shareholder


                                                                                Exhibit A
                                                                            FCC Form 312
                                                                       september 28, 1999
                                                                                  Page 2 of 6

owned more than 5% of the equity of the reorganized CAI Wireless. In addition, and as part of

the reorganization plan, ownership of the Applicant CAI was split in equal parts between CAI

Wireless and Haig Capital LLC (Haig).      Jared E. Abbruzzese, the then Chairman and Chief

Executive Officer of CAI Wireless, owns 75% of Haig. No other shareholder owns more than

10% of Haig.




        CAI Wireless sought and received FCC approval for the transfer of control of pre—

bankruptcy CAI Wireless, and each of its licensee subsidiaries to the reorganized CAI Wireless.

FCC approval wés granted on September 18, 1998, File No. 50605—CM—TC(139)—98. On

September 30, 1998, the Bankruptcy Court issued an order approving the plan of reorganization.

CAI Wireless consummated the plan on October 14, 1998 and notified the FCC on October 20,

1998.



        Earlier this year, CAI Wireless also announced that it had executed a definitive

Agreement and Plan of Merger with MCI WorldCom, Inc. (MCI WorldCom). CAI Wireless

filed for and received FCC approval for a transfer of control of the (post—bankruptcy) stock of

CAI Wireless to MCI WorldCom to reflect the merger plan. The FCC approved the transfer of |

control application on June 28, 1999. See File No. 50293—CM—TC(157)—99. As of July 28, 1999,

MCI WorldCom had acquired 62% of the common stock of CAI Wireless and the FCC was so

notified. On August 31, 1999, MCI WorldCom acquired the remaining common stock of CAI


                                                                                  Exhibit A
                                                                              FCC Form 312
                                                                         September 28, 1999
                                                                                    Page 3 of 6

   Wireless to complete its merger plan. CAI Wireless is now a wholly—owned subsidiary of MCI

   WorldCom. The current ownership structure of CAI and CAI Wireless is depicted in Figure 1

   below.




      CA Wireless Systems, Inc.                                  Haig Capital, LLC

      MCIWorldCom is the parent                           Jared E. Abbruzzese — 75%
         and controlling entity                        No other shareholder owns > 10%


                  50%                                                         50%


                            CAl Satellite Communications, Inc.
                                        (Applicant)

Figure 1




   The current officers and directors of the Applicant are:

    James P. Ashman, Director, Executive Vice President & Treasurer
    Geoffrey Simonds, Director
    Sabino Rodriguez, III, Secretary

    Each individual is a citizen of the United State;s. Mr Ashman can be contacted at the CAI

    corporate address listed on page 1 of the FCC Form 312. Mr. Simonds®‘ address is: Sentech


                                                                               Exhibit A
                                                                           FCC Form 312
                                                                      september 28, 1999
                                                                             Page 4 of 6
 Medical Systems, Inc., 5353 North West 35°" Avenue, Ft. Lauderdale, FL 33309. Mr.

 Rodriquez‘ address is Day, Berry & Howard, One Canterbury Green, Stamford, CT 06091—2047.




 II. Request for Exemption of the "Cut—off" Rule.

         To the extent that the ownership changes described above constitute a "major

 amendment" pursuant to Section 25.116 of the Commission‘s Rules, CAI respectfully requests

 an exemption from the "cut—off" rule. Section 25.116(c)(2) provides that a post cut—off major

 amendment involving ownership changes will not cause the underlying application to be treated

 as newly filed if, "the amendment reflects only a change in ownership or control found by the

 Commission to be in the public interest and, for which a requested exemption from a ‘cut—off

‘. date is granted." 47 C.F.R. § 25.116(c)(2).

        .The Commission has stated that an exemption from the cut—off rule is warranted under the

 following circurhstances: (1) where the ownership amendment is to accomplish an independent

 legitimate business purpose and not primarily for acquiring pending applications; and (2) where

 the change in ownership is in the public interest.‘ The ownership amendment described herein is

 consistent with the Commission’s policies. Consequently, the exemption of the cut—off rule

 should be granted.



        ‘Constellation Communications, Inc., 11 FCC Red 18502, 18514 (1996); STARSYS
 Global Positioning, Inc., 8 FCC Red 1662, 1662—63 (Dom. Fac. Div. 1993); Hughes
 Communications, Inc., 59 RR 2d 502 (Com. Car. Bur. 1985); Airsignal International, Inc., 81
 FCC 2d 472 (1980).


                                                                               Exhibit A
                                                                           FCC Form 312
                                                                      September 28, 1999
                                                                                     Page 5 of 6

       First, the reported ownership changes occurred for reasons independent of CAI‘s interest

in the V—band. The ownership changes reported herein reflect CAT‘s parent, CAI Wireless‘

efforts to restructure its financial position and further merge with MCI WorldCom. MCI

WorldCom‘s merger interests are clearly focused on CAI‘s parent company, CAI Wireless, _

which is one of the nation‘s largest providers of wireless cable television service. MCI

WorldCom has paid substantial consideration to obtain the common stock of CAI Wireless to

obtain the benefit of CAI Wireless‘ nationwide terrestrial microwave facilities and Commission

licenses in the Multipoint Multichannel Distribution Service (MMDS). MCI WorldCom will

benefit from CAI Wireless‘ terrestrial microwave facilities to assist MCI WorldCom‘s efforts in

providing "the last mile" telecommunications facilities necessary to compete with incumbent

local exchange carriers. Consequently, MCI WorldCom‘s merger with CAI Wireless cannot be

construed as having the primary ‘purpose of obtaining an interest in CAI‘s V—band application.

       Second, as indicated herein, the ownership change is in the public interest. Despite the

fact that the purpose of the reported ownership change is only incidental to CAI and its

application in the V—band, CAI will now have access to greater résources to go forward with its

business plan, thereby enhancing CAI‘s prospects for making its V—band system available to the

public sooner and introducing another competitor in the satellite services market.

       Finally, the grant of the requested exemption would not prejudice any party or V—band

applicant and will not adversely affect the Commission‘s consideration of V—band applications

that have been filed with the Commission.


                                                                               Exhibit A
                                                                           FCC Form 312
                                                                     Sseptember 28, 1999
                                                                             Page 6 of 6
III. Conclusion

       In sum, CAI respectfully submits that the requested grant of an exemption to the "cut—off"

rule is consistent with Commission policy and would serve the public interest. Consequently, the

Commission should accept the instant ownership amendment pursuant to Section 25.116(c)(2)

and treat this amendment as a minor change.


                                CERTIFICATE OF SERVICE

       I, Brian Robinson, do hereby certify that I have on this 30th day of September, 1999,
mailed by first—class United States mail, postage prepaid, copies of the foregoing
APPLICATION AMENDMENT to the following:

Thomas S. Tycz, Chief *                             Raymond G. Bender, Jr., Carlos M. Nalda
Satellite & Radiocommunications Division            Dow Lohnes & Albertson PLLC
International Bureau                                1200 New Hampshire Avenue, N. W.
Federal Communiations Commission                    Suite 800
445 — 12th Street, S. W.                            Washington, DC 20036—6802
Washington, DC 20554                                (Counselfor Lockheed Martin Corporation)

Michael McCain, Esq. *                              Bruce D. Jacobs, David D. Oxenford *
International Bureau                                Stephen J. Berman, David S. Konczal
Federal Communiations Commission                    Fischer Wayland Cooper
445 — 12th Street, S. W.                             Leader & Zaragoza L.L.P.
Washington, DC 20554                                2001 Pennsylvania Avenue, N. W. Suite 400
                                                    Washington, DC 20006
Pamela Meredith                                     ((Counselfor Pegasus Development
Law Offices of Pamela Meredith                      Corporation)
1101 30th Street, N.W.
Suite 500                                           Henry Goldberg, Joseph A. Godles
Washington, D.C. 20007                              Mary A. Dent
(Counselfor Spectrum Astro)                         Goldberg, Godles, Weiner & Wright
                                                    1229 Nineteenth Street, N. W.
                                                    Washington, DC 20036
                                                    (Counselfor PanAmSat Corporation)

                                                    Peter A. Rohrbach, Yaron Dori
                                                    Karis A. Hastings
                                                     Hogan & Hartson L.L.P.
                                                     555 Thirteenth Street, N. W.
                                                     Washington, DC 20004—1109
                                                     (Counselfor GE American
                                                     Communications, Inc.)


                                                     Gary P. Epstein, John P. Janka
                                                     Arthur S. Landerholm
                                                     Latham & Watkins
                                                     1001 Pennsylvania Avenue, N. W.
                                                     Suite 1300
                                                     Washington, DC 20004
                                                     (Counselfor Hughes Communications, Inc.)


Norman P. Leventhal, Raul R. Rodriguez      Phillip L. Malet, Pantelis Michalopoulos *
Stephen D. Baruch, David S. Keir            Marc A. Paul, James M. Talens
Leventhal, Senter & Lerman P.L.L.C.         Maury D. Shenks, Michael D. Nilsson
2000 K Street, N. W., Suite 600             Steptoe & Johnson, L.L.P.
Washington, DC 20006—1809                   1330 Connecticut Avenue, N. W.
(Counselfor TRW, Inc.)                      Washington, DC 20036—1795
                                            (Counselfor Motorola, Inc.
Stephen E. Coran, David G. O‘Neil           and Echostar DBS Corporation)
Mary A. Dent
Rini, Coran & Lancellotta, P.C.             Richard E. Wiley, Esq.
1350 Connecticut Avenue, N. W., Suite 900   Todd M. Stansbury, Esq.
Washington, DC 20036—1701                   Wiley Rein & Fielding
(Counselfor @Contact, LLC and               1776 K Street, N. W.
KaStarcom World Satellite LLC)              Washington, DC 20006
                                            (Counselfor DirectCom Networks, Inc.)
John C. Quale, Brian D. Weimer
Skadden Arps Slate Meagher & Flom LLP       Philip L. Verveer, Stephen R. Bell
1440 New York Avenue, N. W.                 Jennifer D. McCarthy
Washington, DC 20005—2111                   Willkie Farr & Gallagher
(Counselfor Celsat America, Inc.)           Three Lafayette Centre
                                            1155 21st Street, N. W., Suite 600
                                            Washington, DC 20036—3384
                                            (Counselfor Loral Space &
                                            Communications, Ltd., Loral Orion Service,
                                            Inc. and Loral Orion Asia Pacific, Inc.)




                                               @M)/ZW
                                             Brian D. Rol?inson
* Hand—delivered



Document Created: 2016-12-15 18:40:47
Document Modified: 2016-12-15 18:40:47

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