Attachment 82403 Oral Ex Parte

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

IBFS_SATLOA1994111600088_973528

wit *n /.As-\,\ yoatie '.:’-.-;, 4 Fern~s (-‘Pfi'g-‘ ir"“’l”‘:\} ‘:\;{’,7 (Z Paste onlare ruep DA PS s o AA#LT t T ho Eoj Cex d 33 Wiley Rein & Fielding ur Tricia Paoletta 1776 K STREET NW November 24, 2003 202.719.7532 WASHINGTON, DC 20006 PHONE —202.719.7000 tpaoletta@wrf.com FAX 202.719.7049 RECEIVED Virginia Office Ms. Marlene H. Dortch, Secretary 7925 JONES BRANCH DRIVE SUITE 6200 Federal Communications Commission 236 Massachusetts Avenue, N.E., Suite 110 Nov 2 4 2003 McLEAN, VA 22102 PHONE 703.905.2800 Washington, DC 20002 FEDERAL COMMUNICATIONS COMMISSION OFFICE OF THE SECHTAR nt Bureay FAX 703.905.2820 Re: Notice of Oral Ex Parte Presentations www.wrf.com Final Analysis Communication Services, Inc. DEC 0 8 2093 Petltlon for Walver (fi]ed Mar 29 2002), s. SA 6—00 Front Office SAT—AMD— 1995022400033 SATAMD 19960223—00031; SAT—AMD—19960819—00107; SAT—AMD—19971030—00175 Dear Ms. Dortch: Patricia Paoletta, counsel to New York Satellite Industries LLC ("NYS"), which owns FCC licensee Final Analysis Communication Services, Inc. ("FACS"), had a conversation with International Bureau Chief Don Abelson on Wednesday, November 19, 2003, and with Associate Chief and Bureau Chief of Staff Jackie Ruff on Thursday, November 20, 2003 on the status of FACS®‘ milestone extension request, filed June 6, 2003, due to unique circumstances beyond its control. Counsel reiterated that due to the involuntary Chapter 7 bankruptcy filing against FAI, FACS‘ former parent, it was beyond the control of FACS, the FCC licensee, to meet its 2002 milestones. The fact that FAI was both FACS®‘ parent and the prime developer of its system, and was also in liquidation are unique circumstances mitigating in favor of extension. FACS remained financially solvent before, during and after the bankruptcy of FAI. In fact, in August 2001, FACS signed a secondary payload contract for $10 million, with the $2 million installment paid to FACS in September, the same month creditors of FAI filed their Chapter 7 filing. Nonetheless, since FAI was the primary developer of the system, up until the close of the bankruptcy proceedings, FACS was legally obligated torely on FAI to meet the milestones. Counsel reiterated the circumstances beyond FACS®‘ control, including the automatic stay and bankruptcy trustee prohibiting FACS from moving forward with another system developer until any sale of FAl‘s assets was complete. Therefore, FACS could not enter into a new system development contract with an alternative provider and meet its milestones until the bankruptcy sale to NYS was complete. Three days after the sale, NYS applied to the FCC for a transfer of control. The

Wiley Rein & Fielding ur Marlene H. Dortch, Secretary November 24, 2003 Page 2 application to transfer of control was pending when FACS®‘ March 2002 milestone came due. FACS needed, as a matter of law, to wait for the FCC to approve the transfer of control of FACS from the trustee to NYS, in order to register with the State Department for approval of the Technical Assistance Agreement (TAA) with its system developer, Russian aerospace company Polyot. The FACS registered with the State Department, with its new owner NYS, for purposes of TAA approval, August 19, 2002, the same day the FCC approved the transfer of control. The State Department, with much urging by FACS, approved the TAA between FACS and Polyot late May 2003. Prior to this State Department approval, FACS could not provide the FCC a firm date for satellite construction, launch and operation of its system — information required in an extension request. Within days of the State Department‘s approval, FACS filed its extension request with the FCC. FACS has consistently, aggressively moved forward with its sytem, at each possible juncture. While this information is on the record already, counsel reiterates it here, in the interest of expediting the Bureau‘s grant of FACS‘ extension request. Counsel reiterates that there have been both unforeseeable circumstances beyond 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 a waiver of the March 2002 milestones and approving new milestones. Sineesely, Patricia J. Paoletta — CC. Bryan Tramont Sheryl Wilkerson Sam Feder Jennifer Manner Paul Margie Barry Ohlson Don Abelson Jackie Ruff Tom Tycez Cassandra Thomas Mark Young Stewart Block Randy Sifers


Document Created: 2012-11-02 11:48:35
Document Modified: 2012-11-02 11:48:35
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