Attachment letter

letter

LETTER submitted by Pegasus

letter

2005-07-22

This document pretains to SAT-LOA-20031119-00336 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2003111900336_453089

Y \ Wi\rs‘g‘urgp mm intepinte Te mese omm weorame w Mess wnupmmememn Shaw Pittman.. July 22, 2008 Hruce D. Jacobs Toaees sow beceiscob@nitibuntincon VIA COURIER Managing Director Attn: FOIA Officer Federal Communications Commission 445 12" Street, SW. Washington, DC 20554 Res Pegasus Development Corporation Opposition to Freedom of Information Act Request To whom it may concem: Pegasus Development Corporation (‘Pegasus") hereby submits this leter opposing the Freedom of Information Act ("FOIA") Request of Highcast Network, Inc. (*Highcast") secking an unredacted copy of Pegasus‘ satellite construction contract forits Hicensed Ka—band satellite system at the 87°W orbitallocation. See Letter to Managing Director from Mark S. Halpren (luly 14, 2005) (FOIA Request").. Higheast is a corporation controlled by a former employee of Pegasus who is in litigation with Pegasus regarding the termination ofhis employment. The former employee serves as a dizector, officer, and principal shareholder ofHigheastPegasus® satellte construction contract is unrelated to the basis for the employment litigation with its former employee and is not germane to Highcast‘s business. Accordingly, the FCC should dismiss or deny the FOIA request. See, eg., In Re Request ofLouis 4. Goodman, 81 ECC 2d 124 (1980) ("The Commission generally has denied requests for inspection ... where the [confidential] information is to be used for the resolution of essentially private disputes, unrelated to public interest determinations required by the Communications Act"); McKeon Construction Co., 21 RR 24 919 (1971) (denying FOIA request by entity secking confidentialinformation of FCC licensee because such material was sought in non—FCC related litigation and discoverable in that proceeding). ‘It should be noted that Pegasus is also a sharcholder of Highcast

Managing Director July 22, 2005 Page 2 None of the cases Highcast cites are relevant. See FOIA Request, t 3 nn. 6—48. In those cases, the parties secking review of the confidential documents were satellite applicants with a legitimate reason for reviewing the confidential material t ensure the Hicensee‘s compliance with FCC regulations. Under those circumstances, review pursuant to a protective order was justiied. Here, in contrast, Higheast is not a Ka—band satellite applicant and has no realreason for secking review of the confidential filing. If the Commission, nonetheless, elects to consider Highcast‘s FOIA request, Pegasus does not object to Highcast‘s review ofthe confidential submission under a protective order. Review pursuant to a protective order is consistent with numerous decisions by the Commission, as Higheast itself has acknowledged. See FOIA Request, at3 nn. 6 8. Very truly yours, # e Bruce D. Jacobs Tony Lin Counselfor Pegasus Development Corporation ces Tom Tycz Andrea Kelly

Certificate of Service 1, Renee Williams, hereby certify that on the 22nd day ofJul, 2005, the foregoing Opposition to Freedom of Information Act Request was served by first—class U.S. mail on the following: Mark S. Halpern Halpem & Levy, P.C. GSB Building One Belmont Avenue, Suite 400 Bala Cyryd, PA 19004 1 Rénee Williams


Document Created: 2005-09-01 14:06:23
Document Modified: 2005-09-01 14:06:23
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