Attachment 1997Norris letter ma

1997Norris letter ma

LETTER submitted by Norris Satellite

Requesting clarification

1997-05-13

This document pretains to SAT-LOA-19900731-00044 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA1990073100044_1061008

BOOTH, FRERET, IMLAY & TEPPER, PC. ATTORNEYS AT LAW CHRISTOPHER D. MLAY 1233 20TH STREET, N.W., SUTTE 204 cary 5 TEPPER May 13, 1997 WASHINGTON, D.C. 20036—2304 ROBERT M. BOOTH, JR. (1911—1981) JULLAN P. FRERET (RETRED) TELEPHONE: (202) 296—910¢ FACSIMILE: (202) 293—1319 Via Hand Delivery Rosalee Chiara, Esquirse International Bureau Federal Communications Commission 2000 M Street, N.W., Room 516 Washington, D.C. 20554 Re: Pending Application for Review, Norris Satellite Communications, Inc.; Reinstatement of Authorization to Construct, Launch, and Operate Satellites in the Ka—Band; File Nos. 54—DSS—P/L—90, and 54—DSS—P—90. Dear Ms. Chiara: You will recall that the undersigned represents> Norris Satellite Communications, Inc. I am attempting to clarify certain information provided to me by your office over the past two weeks. Sspecifically, you informed me,; on May 7, 1997, that your office, in coordination with the Office of the General Counsel, had determined that the above—refsrenced Application for Review is a Restricted Proceeding within the meaning of 47 C.F.R. §1.1208, and thersfore it is impossible for me or representatives of my client to meet with the International Bursau, or with the offices of the Commissioners, to discuss matters related to the proceeding. However, the Commission‘s actions of last week relative to the assignment of orbital locations to space stations in the Ka—Band, (See, the Order, DA—97—967, adopted May 8, 1997, and released May 9, 1997) and the grants of thirteen Ka—Band satellite applications on the same date, make the determination that Norris‘ Application for Review is a Restricted Proceeding difficult to understand. You informed me on Monday, May 5, 1997, at a time when I was attempting to establish a meeting with Mr. Cowhey and with the Office of Commissioner Quello that there was concern that this was a Restricted Proceeding. You indicated that there would be a public notice to that effect released "in the next few days". You confirmed the determination by a telephone call to me on May 7, 1997, and at that time stated that there would be no public notice issued. I asked you whether the determination was based on concerns of mutual exclusivity between Norris‘ reinstatement request and other Ka—Band applicants, and as I recall, you indicated in the affirmative, though y8u did not elaborate on the basis for the determination.

Rosalee Chiara, Esquire May 13, 1997 Page Two The very next day, the Bureau adopted the Order on Assiqgnment of Orbital Locations to Space Stations in the Ka—Band, DA 97—967, and separately granted sach of the pending applications for Ka—Band authorizations, but the Commission took no action on Norris‘! Application for Review. Apparently the Bureau perceives no mutual exclusivity between any of those granted applications, or the orbital spacing Order on the one hand, and the Norris Application for Review on the other hand. If that is the case, in what respect is the unopposed Norris Application for Review a Restricted Proceeding? While the Bursau has, by its actions of May 8, 1997, tilted the playing field competitively against Norris and in favor of the gqgranted applicants, and has by its actions apparently made it impossible to reinstate the 90—degree orbital spacing previously gqgranted to Norris, your office has at the same time determined that Norris can do nothing to attempt to catch up, by determining, without any written confirmation or elaboration, that Norris is precluded from any attempt to urge the grant of its Application for Review, or even to discuss the matter substantively with appropriate Commission staff. Your Getermination stands to seriously préjudice the legal and competitive posture of Norris Satellite Communications, Inc. Please, without further delay, inform the undersigned in writing of the basis or bases for the determination that the unopposed Norris Satellite Communications, Inc. Application for Review is a Restricteod Proceeding pursuant to Section 1.1208 of the Commission‘s Rules, in view of the grants released May 9, 1997. In this respect, it is notable that Norris Satellite representatives and prior counsel for Norris met in June of 1996 on this same subject with the offices of Commissioners Chong, and Ness, and later with the office of Commissioner Quello. The undersigned, with representatives of Norris Satellite, visited the Office of Commissioner Ness, to discuss the reinstatement of the Norris Satellite Communications, Inc. authorization, in April of this year.

Rosalee Chiara, Esquire May 13, 1997 Page Three Thank you for your prompt consideration of this matter and anticipated response. Yours very truly, ce: William E. Kennard, Esq. Peter F. Cowhey, Esq. Rudolfo M. Baca, Esq. Mr. John Norris Dr. Ben Armstrong Dr. Barry Brian


Document Created: 2014-09-12 14:59:19
Document Modified: 2014-09-12 14:59:19
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC