Attachment 2003TMI TerreStar-fo

This document pretains to SAT-LOI-19970926-00161 for Letter of Intent on a Satellite Space Stations filing.

IBFS_SATLOI1997092600161_842427

Te ror elS t af yN E Tw0 R K s Int‘l Bureau December 30, 2003 JAN 0 2 2004 Commissioner Kathleen Q. Abernathy Front Office RECEIVED Federal Communications Commission 445 12th Street, S.W. ’ DEC 33;.0 2003 Washington, D.C. 20554 . FEDERAL COMMUNICATIONS COMMISSION Re: File No. 189—SAT—LOI—97 OFFICE OF THE SECRETARY IBFS Nos. SAT—LOI—19970926—00161 SAT—AMD—20001103—00158 SAT—MOD—20021114—00237 SAT—ASG—20021211—00238 Dear Commissioner Abernathy: I am writing to follow up on my letter to you on December 22, 2003. In that letter, I requested you meet with TerreStar‘s Canadian counsel, Kirsten Embree, to facilitate your review of the international issues raised in our case and in which you had expressed interest in our meeting of December 17, 2003. Ms. Embree has expertise in international and trade law matters, and she is very knowledgeable of how these issues relate to the TMI/TerreStar case. While not directly related to our case, perhaps you have seen press coverage of the European Union Report on U.S. Barriers to Trade & Investment. When dealing with satellite matters, the report raises questions about the compatibility of U.S. domestic procedures with the General Agreement on Trade in Services (GATS). The report further concludes: "These cases show that proceedings by the FCC on spectrum allocation and licensing are not always carried out in an objective, transparent, timely and non—discriminatory manner, and they have raised concerns regarding their compatibility with U.S. WTO commitments." These same concerns were raised in Ms. Embree‘s opinion that we submitted to the Commission October 29, 2003, in response to concerns raised by another Commission office. My letter to Jennifer Manner on December 3, 2003, also raised concerns about the International Bureau‘s decision and its incompatibility with U.S. WTO commitments. 7925 Jones Branch Drive McLean, VA 22102 (703) 873—2800 www . TerreStarNetworks.com

Commissioner Kathleen Q. Abernathy December 30, 2003 Page 2 In view of these ongoing and additional concerns about the international ramifications of Bureau decisions, I again urge you to meet with Kirsten Embree to discuss these matters. Sincerely, Jfie fe. Wharton B. Rivers, Jr. President and Chief Executive Officer TerreStar Networks Inc. cc: File No. 189—SAT—LOI—97 IBFS Nos. SAT—LOI—19970926—00161, SAT—AMD—20001103—00158, SAT—MOD—20021114—00237, SAT—ASG—20021211—00238 Bryan Tramont, Esq. Sheryl Wilkerson, Esq. Jennifer Manner, Esq. Paul Margie, Esq. Sam Feder, Esq. Barry Ohlson, Esq. Jonathan Blake, Esq., Covington & Burling Gregory Staple, Esq., Vinson & Elkins, LLP Kirsten Embree, Esq., Osler, Hoskin & Harcourt, LLP Kathryn A. Zachem, L. Andrew Tollin, Craig E. Gilmore, Wilkinson Barker Knauer, LLP Douglas I. Brandon, AT&T Wireless Services, Inc. John T. Scott, III, Charla M. Rath, Celleo Partnership (d/b/a Verizon Wireless) J.R. Carbonell, Carol L. Tacker, David G. Richards, Cingular Wireless LLC


Document Created: 2019-04-11 17:09:08
Document Modified: 2019-04-11 17:09:08
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