Attachment submission

This document pretains to SAT-AMD-20001103-00158 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2000110300158_410751

&F nsovecumsiir "FCC Public Inspection Copy® brsunoomenuree \insngnhe o o Iineenim $ tonag miwamsoue ° memmoven Tpane ® Gagen C Suplemen COPy BC s Inabim Pngiamanan December 6, 2004 Received Delivered DEC 1 5 200 gdarlcn:yH. Dortch RECEIVED Poley Brench., .mgemo Federal Communications Commission DEC — 6 2004 236 Massachusetts Avenue, N.E. Suite 110 Feden Communicaton Comnieson Washington, DC 20002 #medSovey Re: TMI Communications and Company Limited Partnership File Nos. SAT—LO1—19970926—00161; SAT—AMD—20001103—60158; SAT—MOD—2002 0237 Dear Ms. Dortch: Transmitted herewith, on behalf of TMI Communications and Company. Limited Partership (TMD, pursuant to Section 25.143(e)G) ofthe Commission‘s rules, is a Certification stating that TMI has met the November 2004 Critial Design Review (CDR) milestone contained in its 2 GHz Mobile Satellite Service (MSS) authorization, as amended, (see Memorandum Opinion and Order, FCC 04—144, released June 29, 2004, 950), In addition, as evidence of its compliance with the CDR milestone, TMI is submitting copies of swom statements from Space Systems/Loral Inc. (Loral}, the manufacturer of TMT‘s 2 GHz MSS system, and TM‘s affliste, TerreStar Networks, Inc., the signatory to the satellite contract. These statements confirm that: (a) Loral has timely completed the CDR milestone work specified in said manufacturing contract, as amended; and (b) TerreStar has paid and Loral has received all of the monies due and owing under the manufacturing contract at the CDR date for the 2 GHz MSS satellte. Subject to the confidentiality request stated. below, TMI is also transmitting one soft copy (on a CD ROM) of the CDR Report and supporting documentation supplied by Loral. wern + meune + onuae + oumn n neurren + towwon + wowcow + newnone + tono + mematorce

‘!;:a;r:lezne H. Dortch #FCC Public. Inspection Copy" December 6, 2004 Orbital Debris Mitigation TM‘s original FCC authorization required it to supplement its orbital debris mitigation plan six months in advance of the CDR milestone, then July 17, 2003. (See Order, 16 FCC Red 13808 (Int‘L. Bur. 2001) 4 18). TMI did so by letter, dated January 14, 2003, that provided a "supplemental narrative" regarding the mitigation oforbital debris. Since January 2003, however, the FCC has adopted new rules conceming the mitigation of orbital debris. See In the Matter ofMitigation of Orbital Debris, Second Report and Order, FCC 04—130, released June 21, 2004. These new rules became effective on October 12, 2004. See 69 Fed. Reg. 54,581 (September 9, 2004). In view of the foregoing and to ensure that its orbital debris plan is in full compliance with the FCC‘s new rules, TMI is simultancously submitting a second "supplemental narrative" regarding orbital debris mitigation. Given that the FCC‘s new rules on orbital debris came into effect but one month before TMI‘s revised CDR milestone date, TMI submits that its second supplemental submission is timely and, to the extent necessary, hereby requests waiver of the six month pre—CDR condition stated in TMT‘s original satellite authorization. Good cause exists for such a waiver because TMI could not update its prior orbital debris plan until the ageney‘s new rules went into force and the public interest will not be harmed by the fact that ts supplemental showing is being made concurrently with TMI‘s CDR certification.. The substance of TMT‘s orbital mitigation plen remains the same; the current supplement only provides clarifying information and a supporting calculation.. In addition, TM!‘s satellte has not been constructed yet and is still three years away from launch. Hence, TMI has had adequate time to incorporate the terms of the Commission‘s new orbital debris rules, as well as the debris mitigation requirement in TM‘s original authorization, into ts satelite design. Confidentiality Request Pursuant to the Freedom of Information Act (FOIA),‘ and Sections 0.457 and 0.459 of the Commission‘s Rules,® TMI requests that all of Loral‘s CDR Report and supporting documentation (submitted on CD ROM) be withheld from public inspection and be treated confidentially because they contain sensitive proprietary financial or technical information. To facilitate public access to the non—confidential portions of this filing, a second redacted cover letr is enclosed and marked "FCC Public Inspection Copy; the confidential CD ROM is not attached to that copy.) In support of its request for confidential treatment and pursuant to trequirements under Section 0.459(b) of the Commission‘s Rules, TMI states the following: Isuso sb F47 CFR, 56 0457,0489.

l;:agr;e;:e H. Dortch #FCC Public Inspection Copy® December 6, 2004 1. TMI seeks confidential treatment of the Loral CDR Report and supporting documentation. 3. These documents are being submitted voluntarlyby TMI to demonstrate its compliance with the second construction ml]&slone adopted in the Commission‘s Order reinstating TMI‘s 2 GHz MSS authorization.". In the event that the Commission denies TMT‘s request for confidential treatment, TMI hereby requests that the Commission retum said documents without consideration pursuant to Section 0.459(e) ofthe Commission‘sRules. 3. The documents contain information regarding technical specifications, construction schedules, and unique commercial terms and. conditions. This information constitutes trade secrets or sensitive commercial and financial information: that "would customarily be safeguarded from competitors,"" and is therefore exempted from disclosure under FOIA Exemption 4 and Section 0457 ofthe Commission‘s Rules.® 4 The documentation concerns TM‘s implementation of a 2 GHz MSS system that will be subject to competition from other MSS systems. The Commission has yrevlously acknowledged that there are a number of other companies that offer MSS in North America." Disclosure of the information will seriously inhibit TMI‘s ability to remain competiive in the MSS industry. 5. The technical specifications and performance criteria forits proposed satellite are commercially sensitive and ordinarily would not be disclosed to third partis.. If disclosed, this information would allow competing 2 GHz MSS licenses to use this information to their competiive advantage.. For example, knowledge of unique technical specifications could allow competitors to obtain more favorable terms from other manufacturers. Further, disclosure would harm TMI in future negotiations with satellite construction firms by allowing them to extract more favorable terms. 6. The menufacturing contract between Loral and TerreStar requires all parties to maintain confidentiality, and the contract itself as well as the CDR Report are marked proprietary to the parties and TMI, and may not be further disclosed without the written permission ofthe parties. 7. Information regarding the CDR Report and supporting documentation are not available to the public, and there has been no prior disclosure of such information to third parties. 8. TMI requests confidential treatment ofall documents for an indefinite period. As previously discussed, release of this information at any time in the fature would cause substantial competiive harm to TM ° See Memorandim Opinin and Order. FCC 04—144, spra torn 5o«s00) *s usc sssat)0);47 CR$ o4st0. * See Motient Services, Ic. and TMMl Conmunications and CompanyL?, 16 FCC Red 20469, 24 n1 Bur 2000

Marlene H. Dortch es x FCC Public Inspection s Copy3 December 6, 2004 9. Other parties holding a 2 GHz MSS authorization have recently filed analogous documents (eg., CDR Reports and payload system CDR) to demonstrate compliance with a CDR milestone and have also requested confidential treatment." To TMI‘s knowledge, all of these requests have been granted. For the foregoing reasons, TMI submits that the law requires confidential treatment of the portions of the Amendments TMI has identified above. Please direct any questions regarding this filing to the undersigned. Very truly yours, Enclosures ec: Roderick Porter Steven Spacth Cassandra C. Thomes William Bell " See eg, Leterfrom Joseph P. Markoski and Bruce 4. Olcat, Counselor The Bocing Company to Merlene H. Dortch, FCC Secretary,dated April 3, 2004 (File Nos, 179SAT—PLA.97(10), 90—SAT—AMEND8(20Leverrom Peer D. Shields, CounseltoIndiun 2GHz, LLC to Marlene R. Dortch, FCC Secrery, dted December 18, 2003 (File Nos.187—SAT—PA—97006), SAT—LOA—1997002600147, t al); Leterfrom Prian D. Weimer, Counsl to Celsas to Merlene H. Dorich, PCC Secrerery,dated Deceniber 18, 2008 (Fil Now. 2627728—DSS—2.94 es al

December _03 2004 CERTIFICATION TMI Communications and Company Limited Partmership (TMI) hereby certfies that on November 29, 2004, TMI satisfed the Critical Design Review (CDR) milestone established for TMI‘s 2 GHz Mobile Satelite Service (MSS) system in the FCC‘s authorization, as amended. See Memoranduam Opinion and Order, FOC 04—14, released June 29, 2004. The 2 GHz MSS system is being constructed on TMI‘s bebalf by TM!‘s afflite, TerreStar Networks, Inc. (TerreStar)pursiant to a sitellite manuficturing contract with Space Systems/Loral Inc. (Loral). On July 29, 2004, TMI executed a contract with Loral guarantecing . TerreStar‘s payments under the aforementioned contract,subject to ceriain terms and conditions. TMI further certifies that said payment—guarantee contract with Loral was in effect as of November 29, 2004, and remains in effect as ofhe date hereof, g Ted y Vie President, Finance TMI Communications,Inc. General Pariner ofTMI Communications and Company Limited Partnership 1, Lisa Nicleerson a Notary Public for the Province of Ontario, hereby certify that Ted 1. Jgnacy signed this etier before me on the 2@ day of December 200.

November 80, 2004 CERTIFICATION TerreStar Networks Inc.(TerreStar) hercby certifies that 1.. On November 29, 2004, Space Systems/Loral Inc. (Loral) completed the Crifical Design Review (CDR) milestone work for the 2 GHz Mobile Satelite System (MSS) stated in the satelite manufacturing contract between TerreStar and Loral dated July 14, 2002, as amended, most recently, on July 26, 2004; 3 The aforestated contract between TerreStar and Loral was in full foree and effect as of November 29, 2004 and as of the date hereof, and TerreStar has made all of the payments due and owing thereunder to Loral; and 3. Based on the contractual performance ofLoral and TerrcStar, the CDR milestone constraction requirements established for the aforedescribed 2 GHz MSS system by the Federal Communications Commission (See Memorandurm Opinion and Order, FCC 04—148, released June 29, 2004) and Industry Conad ( See Letter of Jan Skore, Director General, Radiocommunications and Broadcesting Regulstory Branch, Industry Cenada to Ted H. Ignacy, Viee President, Finance, TMI Communications Inc.dated May 6, 2002) have been met. arton B. RiversJ. President and CBO TerreStar Networks Inc. Swom to me this A7dzy of November 2004 w y~— Typed fame: Marnlyn T. Yihrington Notary Public MyCoisinOptesDeunteti.ame *

smace svetems LORAL aeas rablonway ns Pale Afe, Calfornis Beans—as0« November 29, 2004 Wharton B. Rivers President and CEO TereStar Networks Inc. 7928 Jones Branch Drive Mclean, VA 22102 Dear Mr. Rivers: Pursuant to our Satelite manuficturing contract, as last amended on July 26, 2004 (the "Contit"), Space SystemsLoral, In. is submittig this dclaationof completion of the Criical Design Review (CDR) of TerreStar‘ssuteltefor 2—GHz mobile communications. By this lener, SSM. hereby cetifies that the CDR was completed on November 29, 2004, in accordance with the requirements contained in the Contract Stitement of Work Section 2.43,and as approved by TereSur. The Contract was in full foree and effet as of the CDR completion dite and as of the dite hereof. Furher, as of the dte hereaf, the contiactor has received from TereStar all of the payments due and owing under the Contact.. The amount of each payment is specifed in amended Schedule F to the Contract. The last payment for the CDR work (designted Payment 4b) was received on July 29, 2004. In accordance with Section 1.16 ofthe rulesof the Federal Communications Commission 47 CFR. Section 1.16, 1, the undersigned, acting on behalf of Space Systems/Loral, Ic, hereby declre under penalty ofperjury thattothe best ofmy information and blief,the forepoing is true and corret. Executed on V 37 6mbe—2.5,4004 Sincerely, + ChrisF, Hocber Senior VicePresident Space SystemsTLoral, Ic.


Document Created: 2004-12-16 15:59:29
Document Modified: 2004-12-16 15:59:29
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