Attachment April 21 2003 letter

April 21 2003 letter

SUBMISSION FOR THE RECORD submitted by TMI

April 21 2003 letter

2003-04-21

This document pretains to SAT-AMD-20001103-00152 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2000110300152_1172872

VINSON & ELKINS LL.P, THE WILLARD OFFICE BUILDING i C ci 1455 PENNSYLVANIA AVE,, NXW. Vinson&¥Elkins WASHINGTON, D.C. 20004.1008 ATTORNEYS AT LAW TELEPHONE (202) 639—4500 BAX (202) 639—6604 wowvelawcom Gregory C. Staple Direct Dial 202—639—6744 Direct Fax 202—879—8944 gstaple@velaw.com April 21, 2003 Via Hand Delivery Ms. Marlene H. Dortch HECEIVED Hscb. Secretary 4P/p 4 'Vw Federal Communications Commission APR 2 1 2003 3 445 12th Street, S.W. FEDERAL COMMUNICATIONS COMMISEION 200 Washinj gton, D.C. 20554 FFICE OF THE SECRETARY M&an Re: TMI Communications and Company Limited Partnership B‘%h File No 189—SAT—LO3—97 IBFS Nos. SAT—LOI—19970926—00161 Dear Ms. Dortch: Transmitted herewith, on behalf of TMI Communications and Company Limited Partnership (TMI), pursuant to Section 1.65 of the Commission‘s Rules, 47 C.F.R. §1.65, are five copies of a newly discovered Canadian Government document of decisional significance to the pending March 10, 2003 Application for Review of TMI and its affiliate, TerreStar Networks, Inc. (TerreStar). That Application seeks reversal of the International Bureau‘s February 7, 2003 Order canceling TMI‘s letter of intent (LOI) authorization to provide Mobile Satellite Service (MSS) in the 2 GHz band because TMI allegedly had failed to meet the initial construction milestone by entering into a non—contingent satellite manufacturing contract. The attached document is a letter from Jan Skora, Director General, Radiocommmunication and Broadcasting Regulatory Branch, Industry Canada, to Mr. Ted H. Ignacy, Vice President, Finance, TMI. It states that TMI "has met the requirements of condition 6.2 of our [Industry Canada] approval in principle" — the Canadian construction milestone — and "have demonstrated that TMI is bound to a contractual agreement for the construction of the proposed satellite." Although the letter is dated August 23, 2002, TMI did not locate this correspondence in its files until April 9, 2003 whereupon it was provided to the undersigned counsel. Without any knowledge of the contents of the foregoing letter, TMI‘s prior statements to the Bureau and the Commission regarding Industry Canada‘s review of the construction milestones in its Canadian authorization were incomplete and potentially misleading. In particular, on February 6, 2003, in its Opposition to Petition to Deny, at p. 13, TMI stated that it had submitted two interrelated satellite construction contracts between TMI, 239203_1.D0C AUSTIN + BEWING * DALLAS + HOUSTON + LONDON + MO§COW + NEWYORK * SINGAPORE + WaSHINGTON, D.C.

Page 2 April 21, 2003 TerreStar, and Space Systems/Loral (Loral) in satisfaction of the construction contract milestone (i.e., condition 6.2) in its Canadian authorization. TMI advised: "Industry Canada has not stated that the arrangement is non—compliant with the conditions in TMI‘s approval—in—principle, and TMI and TerreStar have consequently moved forward with the construction of the MSS system based upon said agreements . . ." [footnote omitted]. Similarly, on March 12, 2003, in TMI‘s Application For Review (filed jointly with TerreStar), the Commission was advised (also at p. 13): "To comply with the contract milestone in its Canadian license (a ‘signature of contract for the first of two satellites by July 14, 2002‘), TMI submitted to Industry Canada the same interrelated contracts between TMI, TerreStar and Loral that were submitted to the FCC. However, unlike the FCC, it is not the practice of Industry Canada to issue a notice advising the public that a satellite grantee has met an applicable milestone. In Canada, satellite grantees are typically assumed to have met their milestones, unless they are notified to the contrary by Industry Canada. TMI has not received any such notice from Industry Canada. In fact, to TMI‘s knowledge, Industry Canada is fully satisfied with the submissions that TMI has filed in connection with its Canadian authorization in principle and it has not advised TMI of any concerns or defects with TMI‘s filings to date." [footnote omitted] Though the foregoing statements are still accurate, TMI now recognizes that they are incomplete and may have raised unjustified questions in the mind of the Bureau and the Commission regarding Industry Canada‘s oversight of the milestones in TMI‘s approval in principle. However, the affirmative statements made by Industry Canada in the enclosed letter ("you have met the requirements of condition 6.2 [and] have demonstrated that TMI is bound to a contractual agreement for the construction of the proposed satellite") plainly resolve any such questions. The Industry Canada letter also leaves no doubt that, as of July 17, 2002 — the date of the satellite manufacturing contract milestone in TMI‘s FCC authorization — TMI had already satisfied the analogous Canadian milestone condition. Any questions regarding this letter should be directed to the undersigned. Very truly yours, ce: Attached service list misg‘ Stap 239203_1.DOC

I*I industry Canada Industrie Canada 300 Slater Street Ottawa, ON K1A 0C8 File : 6215—3—4 of 2 3 2002 Mr. Ted H. Ignacy Vice—President, Finance TMI Communications and Company, LP 1601 Telesat Court P.O. Box 9826 Ofawa, ON K1G S5M2 Dear Mr. Ignacy: Thank you for your letter of July 25, 2002 providing evidence showing that TMI Communications and Company, LP satisfies condition 6.2 of our approval in principle for your 2 GHz mobile satellite system. The Department has reviewed your submission and I am pleased to advise you that you have met the requirements of condition 6.2 of our approval in principle, namely that you have demonstrated that TMI is bound to a contractual agreement for the construction of the proposed satellite. I now look forward to your submission of the semi—annual report as required per condition 15 of the approval—in—principle, including an update on the development of the Canadian—owned and controlled entity that will operate the satellite network leading to the eventual submission of information to the Department demonstrating eligibility to hold the licences for the network. Yours sincerely, /’/fi%«mz\ Jan Skora Director General Radiocommunication and Broadcasting Regulatory Branch Led Canadia

CERTIFICATE OF SERVICE I, Ana Maria Ablaza, hereby certify that a copy of the foregoing letter from Gregory Staple, counsel, TMI Communications, to Ms. MarleneH. Dortch, Secretary, FCC, dated April 21, 2003, and the appended Industry Canada letter dated August 23, 2002 have been served this 21st day of April, 2003, by first class United States mail, postage prepaid, or by hand delivery (*), on the following: *The Honorable Michael K. Powell *The Honorable Kathleen Q. Abernathy Chairman Commissioner Federal Communications Commission Federal Communications Commission 445 12th Street, SW 445 12th Street, SW Washington, DC 20554 Washington, DC 20554 *The Honorable Michael Copps *The Honorable Kevin Martin Commissioner Commissioner Federal Communications Commission Federal Communications Commission 445 12th Street, SW 445 12th Street, SW Washington, DC 20554 Washington, DC 20554 *The Honorable Jonathan S. Adelstein *Jennifer Manner Commissioner Legal Advisor Federal Communications Commission Office of Commissioner Kathleen Abernathy 445 12th Street, SW Federal Communications Commission Washington, DC 20554 445 — 12th Street, SW, Room 8—B115 Washington, D.C. 20554 *R. Paul Margie *Barry Ohlson Legal Advisor Interim Legal Advisor Office of Commissioner Michael Copps Office of Commissioner Jonathan S. Adelstein Federal Communications Commission Federal Communications Commission 445 — 12th Street, SW, Room 8—A302 445 — 12th Street, SW, Room 8—C302 Washington D.C. 20554 Washington, D.C. 20554 *Bryan Tramont *Donald Abelson, Chief Senior Legal Advisor International Bureau Office of Chairman Michael K. Powell Federal Communications Commission Federal Communications Commission 445 — 12th Street, SW, Room 6—C750 445 —12th Street, SW, Room 8—B201 Washington, D.C. 20554 Washington, D.C. 20554 239203_1.DOC

*Samuel L. Feder *John Muleta, Chief Legal Advisor Wireless Telecommunications Bureau Federal Communications Commission Federal Communications Commission Office of Commissioner Kevin Martin 445 — 12th Street, SW, Room 3—C252 445 — 12th Street, SW, Room 8—A204 Washington, DC 20554 Washington, D.C. 20554 *John Rogovin *Edmond J. Thomas, Chief General Counsel Office of Engineering and Technology Office of General Counsel Federal Communications Commission Federal Communications Commission 445 — 12th Street, SW, Room 7—C153 445 — 12th Street, SW, Room 8—C750 Washington, DC 20554 Washington, DC 20554 *David E. Horwitz *Robert M. Pepper, Chief Attorney Advisor Office of Plans & Policy Office of General Counsel Federal Communications Commission Federal Communications Commission 445 — 12th Street, SW, Room 7—C347 445 — 12th Street, SW, Room 8—A636 Washington, DC 20554 Washington, DC 20554 *Neil A. Dellar *J. Breck Blalock Office of General Counsel Deputy Chief, Policy Division Federal Communications Commission International Bureau 445 — 12th Street, SW, Room 8—C818 Federal Communications Commission Washington, DC 20554 445 — 12th Street, SW, Room 6—A764 Washington, DC 20554 *Howard Griboff *Thomas S. Tycz Attorney Advisor, Satellite Division Chief, Satellite Division International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 — 12th Street, SW, Room 6—C467 445 — 12th Street, SW, Room 6—A665 Washington, DC 20554 Washington, DC 20554 *Karl A. Kensinger *Christopher Murphy Special Advisor, Satellite Division Senior Legal Advisor International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 — 12th Street, SW, Room 6—A663 445 — 12th Street, SW, Room 6—C750 Washington, DC 20554 Washington, DC 20554 239203_1.D0C

*Alexandra Field John T. Scott, III Senior Legal Advisor Charla M. Rath International Bureau Cellco Partnership Federal Communications Commission d/b/a/ Verizon Wireless 445 — 12th Street, SW, Room 6—C407 1300 I Street, NW., Suite 400—W Washington, DC 20554 Washington, D.C. 20005 *Richard B. Engelman J.R. Carbonell Chief Engineer Carol L. Tacker International Bureau David G. Richards Federal Communications Commission Cingular Wireless LLC 445 — 12th Street, SW, Room 6—A668 5565 Glenridge Connector, Suite 1700 Washington, DC 20554 Atlanta, GA 30342 Kathryn A. Zachem Jonathan Blake L. Andrew Tollin Gerard J. Waldron Craig E. Gilmore Covington & Burling Wilkinson Barker Knauer, LLP 1201 Pennsylvania Ave., NW. 2300 N Street, NW., Suite 700 Washington, D.C. 20044—7566 Washington, D.C. 20037 Counselfor TerreStar Networks, Inc. Counselfor Wireless Carriers Douglas I. Brandon AT&T Wireless Services, Inc. 1150 Connecticut Ave., NW Washington, D.C. 20036 Ana Maria Ablaza 239203_1.DOC


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Document Modified: 2017-02-01 14:28:06
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