Attachment 2003Constellation Mo

2003Constellation Mo

LETTER submitted by ICO

letter

2003-10-28

This document pretains to SAT-MOD-20020719-00105 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2002071900105_781778

ORIGINAL EX PARTE on 1 erge FILED Lel ICO October 28, 2003 CElvep Via Hand Delivery OCT 2 & 2003 Ms. Marlene Dortch 4 COmy Secretary OFfice OgNICAT Federal Communications Commission 445 12" Street, S.W., TW—A325 Washington, D.C. 20554 Re: EX PARTE Constellation Communications Holdings, Inc., File Nos. SAT—MOD— 20020719—00103, SAT—T/C—20020718—00114, 181—SAT—LOA—97(46) et al.; Mobile Communications Holdings, Inc., File Nos. SAT—MOD— 20020719—00105, SAT—T/C—20020719—00104, 180—SAT—P/LO97(26) et al. Dear Ms. Dortch: The undersigned submits this letter on behalf of ICO Global Communications (Holdings) Limited ("ICO") in the above—referenced proceeding. The Commission is due to act upon pending applications for review of several cancellations of 2 GHz licenses in the Mobile Satellite Service ("MSS"), including those filed by Constellation Communications Holdings, Inc. ("CCHI"), Mobile Communications Holdings, Inc. ("MCHI"), and TMI Communications and Company, Limited Partnership ("TMI"). ICO urges the Commission to proceed in those cases in a balanced manner consistent with its own precedent. In the MCHI/CCHI Order, the International Bureau rejected for milestone purposes the agreements by which the licensees proposed to acquire ownership interests in satellite capacity and indicated that satellite construction contracts must demonstrate sufficient commitment by the licensees to proceed with construction of their systems.‘ The International Bureau suggested that its precedent does not permit the purchase of capacity for provision of MSS, but rather requires that licensees must be parties to a contract that provides for the physical construction of their satellite." Relevant precedent, however, offers no support for the International Bureau‘s radical departure from the Commission‘s established policies and practice. 1 See Applications ofMobile Communications Holdings, Inc. and ICO Global Communications (Holdings) Limitedfor Transfer of Control, 18 ECC Red 1094, [« 16, 17 (2003) ("MCHI/CCHI Order"). . 2000 Pennsylvania Ave., NWV 2 Id. 16. Suite 4400 , Washington, DC 20006 202 887 6956 phone 202 778 1654 fax web: www.ico.com

Letter to Marlene Dortch, page 2 October 28, 2003 ICO asks that the Commission, in making a final determination in the above— referenced proceeding, both faithfully apply its precedent to the pending applications for review of the 2 GHz MSS license cancellations and resolve those applications in a fair and nondiscriminatory manner. Failure to resolve the pending applications for review in a nondiscriminatory manner will create additional regulatory uncertainty and invite further contentious litigation that will delay service to the public. Twelve copies of this letter are being filed for inclusion in the public record, as required by Section 1.1206(b)(1) of the Commission‘s rules. Please direct any questions regarding this letter to the undersigned. Very truly yours, X hWamf" ~ Suzanne fiutchings fl ce: Bryan Tramont Sam Feder Barry Ohlson Jennifer Manner Paul Margie Sheryl Wilkerson


Document Created: 2019-04-20 18:02:29
Document Modified: 2019-04-20 18:02:29
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