Attachment request

This document pretains to SAT-LOA-20031215-00355 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2003121500355_534378

                                       STE P T O E tiJ o H N s o N                                    LLP

                                                   ATTORNEYS                      AT   LAW




Pantelis Michalopoulos                                                                                          1330 Connecticut Avenue. NW
202.429.6494                                                                                                     Washington, DC 20036-1795
prnichalo@sreptoecorn                                                                                                      Tel 202.429.3000
                                                                                                                            Fax 202.429.3902
                                                                                                                                 stepcoe.com




VIA HAND DELIVERY
                                                                                                                JVC’ - 5 2005
Ms. Marlene H. Dortch
Secretary
Federal Communications Commission
4.15 12th Street, S.W.
Washington, U.C. 20554

                         -- REQUEST FOR CONFIDENTIAL TREATMENT --
Re: ECltOStUi Satellite L.L.C. Application for Special Temporary Authority to Conduct Telemetry.
Tracking, m d Command Operations during the Relocation of EchoStar 4 .to the 77” W.L. Orbital
Locaticn. File 30.SAT-STA-20050321-00068; Application for Modijicutiov of Dfrerct Rroaclccr.yt
ScrciLi;e?Authori;alion To l‘cimit Lmg-Term Cessation of Operations On T?~rec          UHS C‘hamels ut ihe
157” W.L. Orhitui Lr#carinti,.File No. SAT-MOD-20050513-00103 (Call Sign: S2621), arid Applbratir/n
for Mod,’jictrtio/l uj’ &;in!?Stctinti Authorization to add the EchoStm 4 Sutrllite :it 77“ W I.. L! r“c.!tzr cf
Comnrirnimtion, File No. SES-NFS-20050527-00662(Call Sign: 6020306)

Dear Ms. Dortch.

               For the reasons stated herein, EchoStar Satellite L.L.C. (.‘EchoStar”) hereby requests thai
the enclosed Attachment B to the Supplement No. 2 To Petition For Reconsideratior! be treated as
confidential and not routinely available for public inspection under 17 C.F.R. $8 0.457 and 0.459. A
redacted COPY of the entire Attachment B is being filed separately today for inclusion in the public
record.

              On July 1,2005, EchoStar submitted a Supplement No. 2 to its Petition for
Reconsideraiion filed in the above-referenced matters, together with a request for confidential treatment
of Attachment B of that Supplement No. 2. Attachment B contained an amendment to an agrtement
between EchoStar and SES Americom (“SES”) requested by the Bureau. As foreshadowed in the
Supplement No. 2, EchoStar hereby submits the final version of that agreement as executed by all
parties. EchoStar respectfully requests that the enclosed agreement be substituted for Attachment B of
Supplement No. 2.

               The enclosed Attachment B contains information that qualifies as “commercial or
financial information” that “would customarily be guarded from competitors” regardless of whether or




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                                                                                 S T E P T O&EJ O H N S O N L L I ’
Marlene H. Dortch
July 5,2005
Page 2


not such materials are protected from disclosure by a privilege. See 47 C.F.R.   5 0.457(d); see also
Critical Mass Energy Project v. NRC, 975 F.2d 871, 879 (D.C. Cir. 1992) (“[Wle conclude that
financial or commercial information provided to the Government on a voluntary basis is ‘confidential’
for the purpose of Exemption 4 if it is of a kind that would customarily not be released to the public by
the person from whom it was obtained.”). The confidential information contained in Attachment B
relates to the commercial terms on which EchoStar and SES have reached agreement on the relocation
and operation of EchoStar 4 at the 77” W.L. orbital location.

                In addition, Attachment B contains sensitive information that if disclosed could place
EchoStar and SES at a competitive disadvantage, including specific information regarding non-price
terms that warrant protection under 47 C.F.R. 5 0.459. Both EchoStar and SES would be placed at a
significant disadvantage if these terms of their agreement were revealed to competing service providers,
who stand to benefit competitively from any knowledge of the redacted commercial terms included in
these materials. Both Echostar’s and SES’s ability to negotiate similar arrangements with other parties
would be prejudiced by the disclosure of the critical non-price terms of their arrangement with each
other. Moreover, if the redacted commercial terms were disclosed to competitors of EchoStar or SES,
they could use such information to negotiate similar arrangements or take other actions that would place
EchoStar or SES, respectively, at a substantial competitive disadvantage. The redacted material is not
and has not previously been made available to the public and both EchoStar and SES take significant
measures to ensure that such informztion is not disclosed to the public (including a mutual
confidentiality and nondisclosure undertaking in the original agreement).

                Please contact the undersigned if you have questions regarding this request for
confidentiality or the enclosed Attachment B of the Supplement No. 2 To Petition For Reconsideration
filed in the above-referenced matters.

                                                     Respectfully submitted,



                                                     Pantelis Michalopoulos
                                                     Counsel for EchoStar Satellite L.L.C.

Enclosure

cc: (by electronic mail)

Roderick K. Porter, Deputy Bureau Chief, International Bureau
Cassandra Thomas, International Bureau
Karl Kensinger, International Bureau
Jay Whaley, International Bureau



Document Created: 2005-07-13 11:40:00
Document Modified: 2005-07-13 11:40:00

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