Attachment redacted

redacted

SUBMISSION FOR THE RECORD submitted by New ICO

redacted

2006-10-03

This document pretains to SAT-AMD-20060505-00054 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2006050500054_533475

                                                 2000  P E N N S Y L V A NAvE.,
                                                                           IA NW   MORRISON          FOERSTER LLP

                                                 W A S H I N G T O ND.C.
                                                                     ,             N E W YORK, SAN FRANCISCO,
                                                                                   LOS A N G E L E S , P A L 0 ALTO,
                                                 2oooG-1888                        SAN DIEGO, WASHINGTON, D.C.

                                                 T E L E P H O N202.887.1500
                                                                 E                 DENVER, NORTHERN VIRGINIA,
                                                                                   O R A N G E C O U N T Y , SACRAM E N T O ,
                                                 F~~ I I L E      2 . 8 g 7 o7 6   WALNUT CREEK, CENTURY CITY

                                                 WWW.MOFO.COM                      TOKYO, L O N D O N , B E I I I N G ,
                                                                                   SHANGHAI, HONG KONG,
                                                                                   SINGAPORE, BRUSSELS




                                      SAT-MOD-20050110-00004
October 3,2006                        SAT-MOD-20050926-00182
                                      SAT-AMD-20050927-00186
                                      SAT-AMD-20060505-00054


                         REQUEST FOR CONFIDENTIAL TREATMENT

By Hand Delivery

Marlene H. Dortch
Secretary
Federal Communications Commission                                                  OCT       - 3 2006
445 12‘h Street, S.W., Room TW-A325
Washington, D.C. 20554

Re:       New I C 0 Satellite Services G.P.
          Call Sign S2651

Dear Ms. Dortch:

Pursuant to Section 25.143(e)(3) of the Commission’s rules,’ New I C 0 Satellite Services G.P.
(“ICO”) submits a certification (attached hereto as Attachment 1) of completion of the FCC-
prescribed milestone to “complete main body integrati~n.”~  The I C 0 certification is suitable for
public inspecti on.

Subject to the confidentiality request stated below, IC0 also submits the following documents
(“Milestone Documents”) to the International Bureau: ( 1) a letter from its satellite manufacturer,
Space Systems/Loral (“SS/L”), certifying completion of main body integration for ICO’s
geostationary satellite and receipt of all payments due under the manufacturing contract as of the
date of the letter (attached hereto as Attachment 2); and (2) a chart summarizing payments made
under the manufacturing contract (attached hereto as Attachment 3). I C 0 offers these
documents, along with its own milestone certification, as evidence that I C 0 is proceeding with
timely implementation of its 2 GHz mobile satellite service (“MSS”) system under the milestone
schedule set forth in its authori~ation.~


I   47 C.F.R. fj 25.143(e)(3).
    See I C 0 Satellite Services, G.P., 20 FCC Rcd 9797,9808 (1B 2005).
    Zd.


Marlene H. Dortch
October 3,2006
Page Two


Pursuant to paragraph 39 of the IC0 Modfieation Order,4I C 0 hereby notifies the Commission
that contract milestone #29, originally scheduled to be completed by September 1, was
completed on September 28.

The Milestone Documents contain highly sensitive commercial and financial information.
Specifically, they include information regarding amounts due, payment terms, and technical
information specified in ICO’s manufacturing contract. The disclosure of this information likely
would cause substantial competitive and financial harm to ICO, and therefore is exempted from
mandatory disclosure under Exemption 4 of the Freedom of Information Act (“FOIA Exemption
4,,)* and Section 0.457(d) of the Commission’s rules! Accordingly, pursuant to Sections 0.457
and 0.459 of the Commission’s rules,7 I C 0 requests the Commission to withhold from public
inspection and accord confidential treatment to the Milestone Documents.

In support of its request for confidential treatment and pursuant to the requirements under
Section 0.459(b) of the Commission’s rules, I C 0 states the following:

        1.     I C 0 seeks confidential treatment of the Milestone Documents, which contain
specific information regarding amounts due, payment terms, and technical criteria.

       2.      As noted above, the Milestone Documents are being submitted to support KO’s
milestone certification, filed pursuant to Section 25.143(e)(3) of the Commission’s rules.

        3.     The Milestone Documents contain information regarding amounts due, payment
terms, and technical criteria, which constitutes trade secrets or sensitive commercial and
financial information that “would customarily be guarded from competitor^,"^ and is therefore
exempted from mandatory disclosure under FOIA Exemption 4 and Section 0.457(d) of the
Commission’s rules       .’

 Id.

 5 U.S.C. 5 552(b)(4). See Public Citizen Health Research Group v. FDA, 704 F.2d 1280, 1290-91 (D.C.
Cir. 1983).

 47 C.F.R. 5 0.457(d).

 Id. $9 0.457, 0.459.

* I d . 5 0.457(d)(2).

 5 U.S.C. 5 552(b)(4); 47 C.F.R.   5 0.457(d).


d C-4654 8 7


Marlene H. Dortch
October 3,2006
Page Three


       4.     The Milestone Documents are related to the implementation of a 2 GHz MSS
system, which will be subject to competition from a number of other MSS systems.

         5.    Disclosure of information regarding amounts due, payment terms, and technical
information likely would result in substantial competitive harm to K O . For example, disclosure
of this information would allow competing MSS licensees to use this information to their
competitive advantage. Specifically, knowledge of financial terms and conditions under ICO’s
manufacturing contract could allow competitors to obtain comparable or more favorable terms
from other manufacturers. Furthermore, disclosure could harm I C 0 in future negotiations
regarding satellite construction by allowing manufacturers to extract more favorable terms.

        6.      Article 3 1 of I C 0 3 manufacturing contract contains specific provisions requiring
both parties to the contract to maintain confidentiality of information furnished in connection
with the contract or the transactions contemplated under the contract.

        7.      Information regarding amounts due, payment terms, and technical specifications
is not available to the public. Consistent with, and except as provided under the confidentiality
provisions of ICO’s manufacturing contract, there has been no disclosure of such information to
any third parties.

         8.      I C 0 requests confidential treatment of the Milestone Documents for an indefinite
period. During the operational life of the I C 0 system, satellite manufacturers and 2 GHz MSS
competitors could use the otherwise confidential information to their competitive advantage and
to I C 0 3 detriment.

         9.     The Commission has acknowledged that satellite construction contracts contain
competitively sensitive information requiring protection from public disclosure. l o Specifically,
the Commission has found that financial and technical data contained in a satellite construction
contract constitutes confidential information because its disclosure would cause substantial harm
to the licensee’s competitive position.’ * Moreover, in requiring Big LEO and 2 GHz MSS
licensees to submit annual reports and any requested additional contract and construction
information to demonstrate compliance with the milestones, the Commission expressly




10
     See, e.g., GE American Communications,h c . , 16 FCC Rcd 673 1,673 1 (IB 2001).
11
     See American Satellite Co., 1985 FCC Lexis 3 1 17, at * 19 (1985).



dc-465487


Marlene H. Dortch
October 3,2006
Page Four


contemplated that licensees could seek confidential treatment of “anyportion of their report,
pursuant to Section 0.459 of the Commission’s rules.”’*

In order to provide adequate protection from public disclosure, the Commission should strictly
limit distribution of the Milestone Documents within the Commission on a “need to know” basis.
In the event that any person or entity outside the Commission requests disclosure of the
Milestone Documents, I C 0 requests that it be so notified immediately so that it can oppose such
request or take other action to safeguard its interests as it deems necessary.

Please direct any questions regarding this submission to the undersigned.

                                              Respectfully submitted,



                                              Cheryl A! Tritt .
                                              Counsel to New I C 0 Satellite Services G.P.

Enclosures
cc: Robert Nelson
    Cassandra Thomas
    Karl Kensinger




’2 See Amendment of the Commission s Rules to Establish Rules and Policies Pertaining to a Mobile
Satellite Service in the I610-1626.V2483.5-2500 A4Hz Frequency Bands, 9 FCC Rcd 5936,60 10 (1 994)
(emphasis added); see also The Establishment of Policies and Service Rules for the Mobile Satellite
Service in the 2 GHz Band, 15 FCC Rcd 16 127, 16 18 1 (2000).



dc-46 54 87


ATTACHMENT 1


                                   CERTIFICATION


       Pursuant to Section 25.143(e)(3) of the Commission‘s rules, I, Dennis Schmitt,

certify under penalty of perjury that:

    1. I am a Senior Vice President of ICO Global Communications (Holdings) Limited,

        the ultimate parent of New ICO Satellite Services G.P. ("ICO‘").

   2. To the best of my knowledge, information, and belief, ICO has completed main

       the body integration of its satellite.




                                                   D dnb
                                                     Dennis Schmitt




Date: September 29, 2006


      REDACTED - FOR PUBLIC INSPECTION




ATTACHMENT 2


NOILL3ZtdSNI 3IT8nd XOd - aKLL3VCI2Ri



Document Created: 2006-10-23 15:26:44
Document Modified: 2006-10-23 15:26:44

© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC