Attachment Ex Parte - 110212.pd

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

IBFS_SATLOA1994111600088_973565

                                                                    * mare on use QRIGINAL
                          Wiley Rein & Fielding LLr


                                                      1 1 200                                     —
                                                AUG         2 3                                       Tricia Paoletta
1776 K STREET NW                                                              August 11, 2003         202.719.7532
                                                                                                          219
WASHINGTON, DC 20006                    FBDERAL COMMUNICATIONS COMMISSIONY
                                              OFFICE OF THE SECRETARY                                 tpaoletta@wrf.com
PHONE    202.719.7000
FAX      202.719.7049


Virginia Office
                          Ms. Marlene H. Dortch, Secretary                                                 i      j
7925 JONES BRANCH DRIVE   Federal Communications Commission                                     RGCelved
SUITE 6200                236 Massachusetts Avenue, N.E., Suite 110                             SEP
McLEAN, VA 22102
                          Washington, DC 20002                                                         0 5 2003
PHONE    703.905.2800
FAX      703.905.2820
                          Re:        Ex Parte Presentation; Final Analysis Communicationt
                                                                                                Policy B
                                     Amendment to Petition for Waiver and Modification to Extend Mi estones
www.wrf.com
                                     (filed June 6, 2003); Petition for Waiver (filed Mar. 29, 2002); File Nos.
                                                                      AT—AMD—19950224—00033; SAT—AMD—
                                     19960223—00031; SAT—AMD—19960819—00107; SAT—AMD—19971030—
                                     00175; SAT—MOD—20020329—00245
                                                                             25—SMT—lHn—FGS
                          Dear Ms. Dortch:

                          On behalf of New York Satellite Industries, LLC ("NYS"), I am filing this notice of
                          an ex parte communication with Thomas Tycz, Jackie Ruff, Cassandra Thomas,
                          Karl Kensinger and Mark Young of the Federal Communication Commission‘s
                          ("FCC" or "Commission") International Bureau ("IB" or "Bureau") on August 7,
                          2003 discussing the above—referenced application.‘ New York Satellite Industries,
                          LLC ("NYS") was represented by Nader Modanlo, Managing Member, and Patricia
                          Paoletta and Jennifer Hindin of Wiley Rein & Fielding LLP, as counsel. NYS
                          subsidiary and FCC licensee, Final Analysis Communication Services, Inc.
                          ("FACS"), was represented by Jan Friis and Robert Crenshaw and Randy Sifers of
                          Kelly Drye, as counsel and Amy Mehlman of Capitol Coalitions.

                          In furtherance of grant of the milestone extension and modification request, NYS
                          and FACS notified the Bureau of FACS®‘ progress to date on deploying its licensed
                          low—earth orbit satellite system, including recent meetings with investors and
                          potential customers. FACS noted that it met a week ago with its launch provider
                          and satellite construction contractor. Later this month, FACS will meet with
                          potential investors from a third country for Little LEO service provision within their
                          country.

                          The participants at this meeting reviewed FACS‘ participation at the World Radio
                          Conference 2003 ("WRC ©03") and the outcome of Agenda Item 1.16. Specifically,
                          FACS noted that the U.S. had submitted completed sharing studies to WRC ‘03, as
                          contemplated in US368 of Section 2.106 of the FCC Rules establishing the feeder
                          link allocation in the 1.4 GHz band for Non—Voice Non—Geostationary Mobile

                          !47 C.F.R. §1.1206.


Ms. Marlene H. Dortch, Secretary
August 11, 2003
Page 2


Satellite Service. The participants reviewed implementation of WRC Resolution
COM 5/14 and the means to authorize FACS® use of the feeder links allocated by
that Resolution.

In addition, FACS apprised the Commission of the current status of a civil lawsuit
in the State of Maryland involving FACS. FACS apprised the International Bureau
that throughout the lawsuit, FACS has continued and will continue its normal
business operations, noting its participation at the WRC *03, which resulted in the
allocation for Little LEO feederlinks. FACS assured the Bureau that the suit would
not interrupt progress on constructing its satellite system.

Finally, FACS urged the FCC to grant promptly its extension request.

Please do not hesitate to contact the undersigned with any questions.

                                                 Sincerely,

                                             /' \/          /   PA y       /   us 4
                                             1    /:/%_*.______J/ _       4    7+     Cl
                                             ‘\_fi/    \,/       \j p——./é‘(/ Z.//          C

                                             Tricia Paoletta

ce:    Tom Tycez
       Jackie Ruff
       Cassandra Thomas
       Karl Kensinger
       Mark Young
       Bryan Tramont
       Jennifer Manner
       Sam Feder
       Paul Margie
       Barry Ohlson.



Document Created: 2012-11-02 11:34:29
Document Modified: 2012-11-02 11:34:29

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