Attachment 2003NYS FACS ex part

This document pretains to SAT-LOA-19941116-00088 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA1994111600088_1074701

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1776 K STREET NW
WASHINGTON, DC 20006
                           December 11, 2003 Loouic! FILE GOPY DUPLiCATT
PHONE   202.719.7000
FAX     202.719.7049


                          Ms. Marlene H. Dortch, Secretary
                                                                                      mrECEIVED
7925 JONES BRANCH DRIVE
SUITE 6200                Federal Communications Commission
McLEAN, VA 22102
PHONE   703.905.2800
                          236 Massachusetts Avenue, N.E., Suite 110
FAX     703.905.2820      Washington, DC 20002                                           pEeCc 1 1 2003
                                                                                                     atio
                                                                                          communoficThE
                                                                                  ppperalSerice           ns COmMISSiON:
                          Re:     Notice of Oral Ex Parte Presentations                                 SeCRETARY
www.wrf.com
                                  Final Analysis Communication Services, Inc.
                                  Petition for Waiver (filed Mar. 29, 2002);
                                  File Nos. SAT—LOA—19941116—00088;
                                  SAT—AMD—19950224—00033; SAT—AMD—19960223—00031;
                                  SAT—AMD—19960819—00107; SAT—AMD—19971030—00175


                          Dear Ms. Dortch:

                          On Wednesday, December 10, 2003, Patricia Paoletta, counsel to New York
                          Satellite Industries LLC ("NYS"), which owns FCC licensee Final Analysis
                          Communications Services, Inc. ("FACS"), and Jan Friis and Mary Kay Williams of
                          FACS, accompanied by counsel Randy Sifers, of Kelley Drye, and Amy Mehlman
                          of Capitol Coalitions met with legal advisorto Commissioner Martin, Sam Feder,
                          legal advisor to Commissioner Copps, Paul Margie, and legal advisor to
                          Commissioner Adelstein Barry Ohlson on the status of FACS® milestone extension
                          request, filed June 6, 2003, due to cireumstances beyond its control. Substance of
                          this ex parte was also communicated to legal advisor to Chairman Powell, Sheryl
                          Wilkerson, Associate International Bureau Chief Jackie Ruff, Satellite Division
                          Chief Tom Tycez, and Deputy Division Chief Cassandra Thomas.

                          Counsel reiterated that FACS‘ extension request met the standard of unforeseeable
                          circumstances outside FACS® control that prohibited it from meeting its 2002
                          milestones, as well as unique circumstances mitigating in favor of extension, and
                          that the public interest would be served in granting both a waiver of the March 2002
                          milestones, and approving new milestones. Counsel noted that FACS‘ proposed
                          new milestone of September 2004 for completion of satellite construction for its
                          first two satellites, and December 2004 for launch of those satellites was rapidly
                          approaching. Extension grant in the immediate term would facilitate FACS
                          meeting those new proposed dates, since the greater certainty would keep FACS®
                          partners focused on construction, as well as encourage additional investment.

                          FACS noted that extension denial, and having to refile for a Little LEO license is
                          not an option for FACS. If the extension request were denied, FACS would lose

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 December 11, 2003
 Page 2


use of the globally allocated 137—138 MHz band at an operationally acceptable level
because FACS could no longer avail itself of certain pfd limits which are
grandfathered in the International Telecommunication Union ("ITU") regulations
for notified systems operating in these bands. If FACS‘ extension request is denied
and it must refile, it would be constrained to operate at —140 db pfd, a level thirty—
two times lower than its planned operations at —125 db. This lower power limit
would put it at a severe competitive disadvantage to the one other existing,
operational Little LEO, which is inconsistent with Commission policy of favoring
competitive provision of services. At thirty—two times less the power in that band,
service to Alaska would be severely impaired Moreover, internationally, if FACS
has to operate in 137 MHz band at thirty—two less the power, it would hamper
service provision in Europe, the Middle East, and North Africa.

Moreover, were FACS required by a denial to file again, it would lose its priority in
the 400 MHz band, including to one Argentine satellite that seeks to operate in that
band. Given the minimal amounts of spectrum available to FACS in these two
bands, use of the 137 MHz band and 400 MHz band at acceptable power limits are
critical to its future viability, and to a competitive Little LEO industry.

FACS also reiterated that the public interest would be served in a viable,
competitive Little LEO industry, given that the U.S. government is interested in
using data from commercial satellite systems for its homeland and national security
responsibilities. Little LEOS can provide low—cost data services, useful in
homeland security and rural applications. In addition to these useful services,
circumstances mitigating in favor of extension include the substantial resources
devoted by several agencies of the U.S. government in the various study groups in
the ITU, including NASA, State Department, NTIA, as well as the FCC and the
Department of Defense, to make progress on the study program established by
Resolution 745 (ComS5/14) at this summer‘s World Radiocommunication
Conference (WRC—03).

FACS briefly reviewed the progress made in this study program, due to the efforts
of several U.S. agencies, the French Government, as well as itself, through its active
participation in various ITU—R study groups. A copy of the various studies, viewed
as quite acceptable to FACS, was reviewed and left with Mr. Sam Feder, Mr. Paul
Margie and Mr. Barry Ohlson, and is attached to this filing. An additional public
interest factor relates to the purpose of the milestone rules, which is to discourage
paper satellites and warehousing spectrum or orbital slots. None of those


December 11, 2003
Page 3


considerations are at play here, given FACS repeated and demonstrated interest in
moving forward with its system, as soon as permitted by the Commission.

Grant of the extension will not undermine any of the Commission‘s milestone
policies, given the unique circumstances of the licensee‘s parent being brought into
an involuntary bankruptcy proceeding, when that parent was also the prime
contractor. FACS itself has never been financially unqualified to proceed with its
system. Since its license grant, FACS has made substantial progress on its system,
including launching two satellites on an experimental basis, and on spacecraft
design and construction, ground systems and launch arrangements. The public
interest in competitive, innovate services would be served by grant of the extension
request.


                                     Sincerely,
                                   /7:;;{’;o
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                                     Patricia J. Paoletta




ce:      Bryan Tramont
         Sheryl Wilkerson
         Sam Feder
         Jennifer Manner
         Paul Margie
         Barry Ohlson
         Don Abelson
         Jackie Ruff
         Tom Tycz
         Cassandra Thomas
         Mark Young
         Stewart Block



Document Created: 2015-01-29 14:46:18
Document Modified: 2015-01-29 14:46:18

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