Attachment 2001NetSat 28 reply

2001NetSat 28 reply

REPLY submitted by NetSat 28

Reply

2001-04-09

This document pretains to SAT-LOA-19950929-00150 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA1995092900150_1026430

                                             Before the
                   FEDERAL COMMUNICAT;ONSCOMMISSION
                                    Washington, D.C:20554)~
                                                                                                  RECEIVED
                                                       APR ’             20(
                                                                       f ;}" J
                                                                                                    APR        9 2001
In the Matter of                                )
                                                      ‘q"{"ip““f    in
                                                                  /wfl                         FEDBRAL COMMUNIG ATIONS COMMIEEON:
                                                )              3b
                                                     N2E i 321 x(“—,                           o          .
                                                                                                    OFPICE OF SECREMA®
                                                                                                             THE
NetSat 28 Company, L.L.C.                                   1t duregy
                                                )
                                                )
Application For Authorization to Construct,     )        File No. 194—SAT—P/LA—95
Launch and Operate a Ka—Band                    )        New IBSF No. SAT—LOA—1995942—001 50
Communications Satellite System in the          )
Fixed—Satellite Service in Orbital Location     )
95° W.L.                                        )
                                                )
For Authority to Transfer Control               )        File No. SAT—T/C—1990727


                                               REPLY

       NetSat 28 Company, L.L.C; ("NetSat 28"), by counsel, hereby responds to the Supplement to

Opposition to Application for Review ("Supplement") submitted on March 26, 2001 by Pegasus

Development Corporation.

       In its Supplement, Pegasus pieces together a series of suppositions and innuendos to raise

questions regarding the on—going operations of NetSat 28. NetSat 28 takes strong offense with

Pegasus‘ allegations. NetSat 28 has been very explicit with the Commission regarding the NetSat 28

program and its relationships with vendors including EMS Technologies and continues to conduct its

business fully in accordance with all FCC requirements.‘ Nevertheless, as the Commission is aware,

in June 2000 the International Bureau declared the NetSat 28 license null and void." Thus, at this

time NetSat 28 currently is not a FCC licensee. This in and of itself demonstrates the absurdity of


o      See Application for Transfer of Control, File No. SAT—T/C—19990727—0080, July 27, 2000; Consolidated
       Opposition, October 7, 1999; Application for Review, July 26, 2000, and Emergency Motion for Stay,
       August 12, 2000 all submitted to the Commission by NetSat 28.
o




       NetSat 28 Company, L.L.C. DA—1264, Memorandum Opinion and Order (rel. June 26, 2000).
                                                                       $2204      SAT—LOA—19950929—00150
                                                                       NetSat 28 Company, LL.C.
                                                                       NetSat KA
                                                                                                        0
                                                                        $2204     sAT—T/C—19990727—0008
                                                                                       AN Y,  LL. C.
                                                                        NETSAT 28 COMP


Pegasus‘ Supplement. Pegasus in essence wants to have it both ways. On one hand, Pegasus

contends that today NetSat 28 must be held to a standard as if it were an FCC license. On the other

hand, it is urging the Commission not to reinstate NetSat 28‘s Ka band license.

        Just for the record, NetSat 28 wants to make it abundantly clear that it and its principals

continue to control, operate and fund the Company‘s on—going operations including its FCC

regulatory activities. At no time has this responsibility ever been ceded to any third party." If in the

future the Commission were to reinstate its license, NetSat 28 and its principals would continue to

operate the Company in a manner consistent with all FCC requirements.

        Pegasus provides no facts to support its suppositions. Moreover, its suppositions fail to

support its conclusions. The Supplement appears to be nothing more than a thin and desperate

attempt by Pegasus to delay and confuse the Commission and should be rejected by the Commission.

                                                      Respectfully submitted,



                                                      By: S C  Robert A. Mazer
                                                                                  4 M&Q/(
                                                               Vinson & Elkins L.L.P.          &
                                                               1455 Pennsylvania Avenue,
                                                               Suite 700
                                                               Washington, D.C. 20004—1008
                                                               Tel. (202) 639—6755

                                                               Counsel for NetSat 28 Company, L.L.C.

Dated: April 9, 2001




3       It should be noted that late last year, NetSat 28 moved its offices to Baltimore, MD and as previously reported
        to the Commission, NetSat 28 has contracted with EMS to undertake certain activities on its behalf.


                                CERTIFICATE OF SERVICE


        I HEREBY CERTIFY that on this 9th day of April 2001, a true and correct

copy of the foregoing NetSat 28 Reply to Supplement to Opposition to Application for

Review was served via first class mail upon the following:

               Bruce D. Jacobs
               Shaw Pittman
               2300 N Street, N.W.
               Washington, D.C. 20037

               Counsel for Pegasus Development Corp.




136899_1.D0C



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Document Modified: 2013-10-29 15:15:50

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