Attachment ex parte

ex parte

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by Northrop

ex parte

2004-06-06

This document pretains to SAT-AMD-20031104-00324 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2003110400324_385024

             EX PARTE OR LATE F t L E d

                             LEVENTHAL SENTER & LERMAN PLLC
                                                                 >                                           ORIGINAL


      D. BARUCH
STEPHEN
    (202) 416-6782
                                                        May 25,2004




                                                                      RECElVED
                                                                                                       - E
                                                                                                                    EMAIL
                                                                                                               ARUCH@LSL-LAW COM

                                                                                                                  DIRECT FAX
                                                                                                                 (202) 429-4626


Ms. Marlene H. Dortch                                                    MAY 2 5 2004
Secretary
                                                               FEDERAL COMMUNlCATlO~COMUY~ON
Federal Communications Commission                                     OFFICE OF THE SECRETARY
445 Twelfth Street, S.W., Room TW-B204
Washington, D.C. 20554

                     Re:   Oral Ex Parte Presentation in File Nos. SAT-AMD-
                           19971222-00219, -20031104-00324, and -20040312-00030

Dear Ms. Dortch:

        This letter provides notice that, on May 24,2004, Peter J. Hadinger of Northrop
Grumman Space & Mission Systems Corp. (“NGST”), along with Stephen D. Baruch and David
S. Keir of Leventhal, Senter & Lerman P.L.L.C., met with Thomas Tycz, Fern Jarmulnek,
Robert Nelson, Andrea Kelly, Karl Kensinger, Kal Krautkramer, Alyssa Roberts, Jay Whaley,
and Shabnam Javid of the Commission’s International Bureau to discuss matters pertaining to
the International Bureau’s May 18,2004 letter (DA 04-1387, as corrected) dismissing, inter alia,
NGST’s above-referenced amendments to its applications for a hybrid Ka-bandV-band
geostationary and non-geostationary orbit fixed-satellite service system. The application
proceeding that included the above-referenced applications was long ago designated a permit-
but-disclose proceeding for ex parte purposes.

        The participants in the meeting discussed the particulars of the Bureau’s May 18 letter.
The discussion focused on the inapplicability to NGST’s applications of several of the rule
provisions relied upon in the letter, and whether the applications found defective were indeed
defective under the applicable regulations. Following a clarification by the Commission
participants that NGST’s application was not found unacceptable for filing with respect to the
materials provided on sharing between geostationary-orbit satellites and non-geostationary orbit
systems in the 18.8-19.3 GHz and 28.6-29.1 GHz bands, the participants also discussed the types
of technical showings that could be made by an applicant that sought to use the Ka-band non-
GSO FSS primary spectrum for secondary GSO FSS applications under a waiver of the
Commission’s spectrum designation rules and policies.



196431: v2


                               2000   I(   STREET,NW. SUITE 600      WASHINGTON, DC 20COb-i50?
                            T t L t P H O N t 202.429-8970 t A X 202 2 9 3 7 7 8 3   WWW L S L - L W C O M


Ms. Marlene H. Dortch
Secretary
May 25,2004
Page 2


        Finally, the participants discussed possible next steps with respect to the letter and the
underlying applications. The Commission participants stated that they would further consider
the issues raised during the discussion, and provide NGST’s representatives with additional
information and guidance within two days. NGST’s representatives agreed to await the results
of the further consideration before taking any formal action in response to the May 18 Letter.

       Pursuant to the Commission’s rules, two copies of this letter are provided for inclusion n
the above-referenced application proceedings.

       Please address any questions to the undersigned.




                                              Systems Corporation


cc:    Thomas Tycz
       Fern Jarmulnek
       Robert Nelson
       Andrea Kelly
       Karl Kensinger
       Kal Krautkramer
       Alyssa Roberts
       Jay Whaley
       Shabnam Javid



Document Created: 2004-06-08 14:43:16
Document Modified: 2004-06-08 14:43:16

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