Attachment Final Analysis motio

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

IBFS_SATLOA1994111600088_971918

RECEIVED DEC 1 6 1997 Before the Federal Communications Commission FEDERAL COMMUNICATIONS COMMISSION Office of Secratary Washington, D.C. 20554 In the Matter of FINAL ANALYSIS COMMUNICATION SERVICES, Inc. File Nos. 7—SAT—AMEND—98; 25—SAT—P/LA—95 Application for Authority to Construct Launch and Operate a Non—Voice Non—Geostationary Mobile Satellite System To: The Chief, International Bureau MOTION FOR LEAVE TO FILE LATE OPPOSITION TO PETITION TO DENY Final Analysis Communication Services, Inc. ("Final Analysis"), by its attorneys and pursuant to Section 1.46(c) of the Commission‘s rules, 47 C.F.R. § 1.46(c), hereby respectfully requests the Commussion to accept, for good cause shown, the attached late—filed Opposition to the Petition to Deny filed by Leo One USA Corporation ("Leo One") on December 4, 1997, against Final Analysis‘s above—captioned amended application for authority to construct, launch and operate a non—voice, non—geostationary mobile satellite service ("NVNG MSS" or "Little LEO®") system. The filing deadline for the attached Opposition was December 15, 1997. On the afternoon of December 15, 1997, the computer system on which the Opposition was being edited failed, causing unforeseen delays in the preparation of the document for filing. The filing was delivered to the FCC Office of the Secretary at approximately 5:31 p.m. and was not accepted for filing. Immediately upon realizing that the filing deadline had been missed, counsel for Final Analysis orally notified the Commission staff personnel responsible for acting on the attached ## DCOLBATAP/55462 .41

Opposiiion as well as counsel for Leo One that Final Analysis would be filing this motion and the attached Opposition on the morning of December 16, 1997. Final Analysis also served all parties as if the Opposition had been timely filed. Final Analysis also notes that it originally had been served with Leo One‘s Petition by mail, although hand delivery was requested, and actually received, one day after the filing date of the Petition. Because the attached Opposition is being filed as soon as possible on the next filing day, and in any event less than one workday after the filing deadline, the delay is parallel with the one day late receipt of service of the Opposition by Final Analysis, the Opposition was served on all parties as if timely filed, and the Commussion staff and counsel for Leo One were promptly notified by telephone, Final Analysis respectfully submits that no prejudice to the interests of any party will be caused a result of the brief and unintentional delay. Moreover, the public interest would be served by considering the attached Opposition. Accordingly, Final Analysis respectfully asks the Commission to grant this motion and to consider the attached Opposition as if timely filed. FINAL ANALYSIS COMMUNICATION SERVICES, Inc. 2 7 /// . By: / ~ ) *'J;(»L LA‘{\ Ce___ Aileen A. Pisciotta Peter A. Batacan KELLEY DRYE & WARREN LLP 1200 19th Street, N. W., Suite 500 Washington, D.C. 20036 (202) 955—9600 Its Attorneys Dated: December 16, 1997 ## DCOUBATAP/55462.41


Document Created: 2012-10-19 18:14:57
Document Modified: 2012-10-19 18:14:57
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