Attachment email

email

SUBMISSION FOR THE RECORD submitted by TerreStar

email

2004-04-06

This document pretains to SAT-MOD-20021114-00237 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2002111400237_369250

C O V I N G T O&
               N BURLING
1201 ~ENNSYLVAN~A
                AVENUE N W   WASHINGTON                                 BRIAN D. SMITH

WASHINGTON, DC 20004-2401    NEW YORK
TEL 202.662.6000             SAN FRANCISCO                              TEL 202.662.5090
FAX 202.662.6281             LONDON                                     FAX 202.778.5090
                                                                        BDSMITHB COV.COM
WWW.COV.COM                  BRUSSELS

                                        RECEIVED
                                          APR     - 2 2004              April 1,2004
                                   FEOEML COMMUNICATIOHS COMMIWN
                                          OFFICE OF THE SECRETARY

Marlene H. Dortch, Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554

                Re:     File No. 189-SAT-LOI-97
                        IBFS NOS. SAT-LOI-19970926-00161
                                  SAT-AMD-20001103-00158
                                 SAT-MOD-20021114-00237
                                 SAT-ASG-20021211-00238
Dear Ms. Dortch:

       Please include the enclosed e-mail, and its accompanying attachments, in the dockets
referenced above.

                                                          Sincerely,


                                                          Brian D. Smith
                                                          Counselfor TerreStar Networks Inc.




Enclosure


Message                                                                                                    Page 1 of2



 Smith, Brian
 -___            ~




  From:        Smith, Brian
  Sent:        Thursday, April 01,2004 8:29 PM
  To:          'Howard Griboff; 'William Bell'
  Cc:          Blake, Jonathan; gstaple@velaw.com; amotturabhf-law.com
  Subject: RE: TMllTerreStar Ex Parte List

Mr. Griboff,

Attached are the three ex parte filings you requested.

With regard to the three not on our February 23 chart, the October 20 and 21 notices should have been included,
and the May 15 notice was incorrectly listed as May 13.

I am not aware of any filings since our February 23 chart other than the March 2 notice.

Please let me know if you have any questions. For the sake of completeness, I will file a copy of this e-mail and
its attachments with the Secretary tomorrow.

Brian Smith


        -----Original Message-----
        From: Howard Griboff [mailto:Howard.Griboff@fcc.gov]
        Sent: Friday, March 26, 2004 12:OS PM
        To: Smith, Brian
        Cc: Blake, Jonathan; gstaple@velaw.com; amottur@bhf-law.com; William Bell
        Subject: TMI/TerreStar Ex Parte List

        Brian, thanks for forwarding this list. To complete my files, I'd appreciate if you could forward copies (pdfs
        are fine) of the following three filings (in reverse chronological order):

        2/19/04, from Alfred Mottur to Marlene Dortch
        12/22/03, from Zie Rivers to Commissioner Abernathy
        11/21/03, from Jonathan Blake to Marlene Dortch

        Fyi, my files include the following ex parte letters not on your list:
        10/21/03, from Alfred Mottur to Marlene Dortch (reporting Comm'r Adelstein meeting)
        10/20/03, from Gregory Staple to Marlene Dortch (reporting Comm'r Martin meeting)
        5/15/03, from Jonathan Blake to Marlene Dortch (reporting meeting w/lB & OGC staff)

        Also, could you please verify that the only filing in the past month (since you completed your list) was the
        March 1 ex parte letter from Jonathan Blake to Marlene Dortch (reporting phone conversation with Sam
        Feder)? If not, could you forward any other filings since 2/19/04.

        In addition to replying to me, please send these (and all future correspondence) to William Bell
        (William.Bell@fcc.gov), who will be overseeing this project for the Satellite Division due to my move to the
        Policy Division. Thanks very much.

        Howard Griboff
        Assistant Chief, Policy Division


4/1/2004


Message                                                                                                 Page 2 of 2


     International Bureau, FCC
     Ph: (202) 4 18-0657
     Fax: (202) 4184422
     Howard.Griboff@fcc.gov

     -Original  Message--
     From: Smith,Brian [mailto:bdsmith@cov.com]
     Sent: Monday, February 23,2004 1:31 PM
     To: Howard Griboff
     Cc: Blake, Jonathan; gstaple@velaw.com; amottur@bhf-law.com
     Subject: Ex Parte List


     Please see the attached, which is presently being filed.

     Brian Smith

     <<Letter and Ex Parte List 2-23-04.pdf>>


     Brian D. Smith
     Covington & Burling
     1201 Pennsylvania Avenue, N.W.
     Washington, D.C. 20004
     202-662-5090
     (F) 202-778-5090
     bdsmith@cov.com http://www.cov.com/lawvers/bdsmith/bioaraphv,htmI


     This message is from a law firm and may contain information that is confidential or legally privileged. If you
     are not an intended recipient, please immediately advise the sender that this message has been
     inadvertently transmitted to you and delete this e-mail from your system. If you are not an intended
     recipient, any use or dissemination of this communication is prohibited, as is the taking of any action in
     reliance upon the information in this communication.




41112004


                                          -
        & BURLING
COVINGTON
1101 PENNSYLVANIAAVENUE NW   WASHINOTON                              JONATHAN 0 . 8 U K E
WASHINOTON. DC aoQQI-a*oi    NEW   YORK                              T ~ 202.aea.eooe
                                                                         L
TIEL 200.ee0.eOOo            SAN FRANCISCO                           FAX aoa.oaa.eaei
FAX aoa.eea.eaei             LONDON                                  JSLAKE   COV.COM
WWW. COV.COM                 BRUSSELS

                                                                     November 20,2003

BY HAND DELIVERY
Ms. Marlene H. Dortch
Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554

        Re:      Ex Parte Notice
                 File No :     189-SAT-LOI-97
                 IBFS NOS. SAT-LOI-19970926-OO161
                               SAT-AMD-20001103-60158

Dear Ms. Dortch:
       On November 21,2003, Wharton B.(Zie) Rivers, Jr., President and Chief Executive
Officer of TerreStar Networks, Inc., Gregory C. Staple, counsel for TMI Communications and
Company Limited Partnership (TMI),    Alfred E. Mottur, counsel for Mobile Satellite Ventures,
and the undersigned counsel, met with Jennifer Manner, Legal Advisor to Commksioner
Kathleen Q. Abernathy.

      The discussions addressed the issues raised in TerreStar’s and TMI’s Application for
Review, the parties’ Reply and other submissions in the above matter.

        Any questions about his matter should be directed to the undersigned.
                                                                     Respectfully submitted,



                                                                     ,/jonathan D. Blake
                                                                /’
                                                                      Counsel for TerreStar
                                                                      Networks, lnc.

cc:     Jennifer Manner, Esquire
        Mr. Wharton B. Rivers, Jr.
        Gregory C. Staple, Esq.
        Alfred E. Mottur, Esq.



DC:I 103469-1


                                                    N E T W O R K S



December 22,2003

Commissioner Kathleen Q. Abernathy
Federal Communications Commission
445 Twelfth Street, SW
Washington, DC 20554

       Re:     TMVTerrestar
               File No 189-SAT-LOI-97
               IFS NOS.SAT-LOI-19970926-00161
                        SAT-AMD-20001103-60158

Dear Commissioner Abernathy:

                When we met with you and your legal advisor, Jennifer Manner, on
Wednesday, December 17 about the Bureau’s February 10,2003, cancellation ofTMl’s
2 GHz authorization, you stated that you had not fully considered the international
ramificationsof the decision and wanted to think further about those concerns. In your
willingness to grapple with this aspect of the issue, you were showing the sense of
responsibility to the Commission’s proper functioning in the international community that
has made you effective in carrying out your responsibilitiesas the International
Commissioner.

                In connection with your considering the international issues at stake in our
case, I urge you to meet with Kirsten Embree, Esq., of the Osler, Hoskin & Harcourt firm
in Ottawa Canada, who has expertise about the principles and issues of international
and trade law that were triggered by the Bureau’s treatment of TMI. We submitted her
24-page opinion as Attachment D to our letter to Chairman Powell on October 29, 2003.
I believe Kirsten would be a helpful resource to you and Jennifer, who I know also has
significant experience in these areas as well.

                 If you could let us know what dates might be available for such a get-
together, I will ask Kirsten to join me in a meeting with you and Jennifer to discuss these
matters.

Sincerely,




Wharton B. Rivers, Jr.
President and Chief Executive Officer
TerreStar Networks Inc.

                                   7925 Jones Branch Drive
                                     McLean, VA 22102
                                      (703)873-2800
                                 www.TerreStarNetworks.com


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
    Jennifer Manner, Esq.
    Ann Monahan
    Sheryl Wilkerson, Esq.
    Sam Feder, Esq.
    Paul Margie, Esq.
    Barry Ohlson. Esq.
    Bryan Tramont, Esq.
    John Rogovin, Esq.
    Kathryn A. Zachem, L. Andrew Tollin, Craig E. Gilmore,
      Wilkinson Barker Knauer, LLP
    Douglas I. Brandon, AT&T Wireless Services, Inc.
    John T. Scott, Ill, Charla M. Rath, Cellco Partnership (d/b/a Verizon Wireless)
    J.R. Carbonell, Carol L. Tacker, David G. Richards, Cingular Wireless LLC
    Jonathan D. Blake, Esq.
    Greg Staple, Esq.


                                                           Brownstein                 I H y a t t I Farber
                                                                                  1615 L Street, N.W.
                                                                                           Suite 450
                                                                         Washington D.C. 20036-5666
                                                                                          bhf-law.com


                                                                  EX PARTE OR U T E FILED
                                       February 19,2004



BY HAND DELIVERY


Ms. Marlene H. Dortch                                                 REGEIVED
Secretary
Fcderal Communications Commission
445 1 2 ' ~Street, S.W.                                               FEB 1 9 2004
Washington, D.C. 20554

       Re:    Ex Partc Notice
              File No.:      189-SAT-LOT-97
              IBFS NOS.      SAT-LOI-19970926-00161
                             SAT-AMD-20OOI 103-60158

Dear Ms. Dortch:

                On February 18,2003, the undersigned Counsel for Mobile Satellite Ventures, the
parent of 'TerreStar Networks, Inc., had separate conversations with Commissioner Michael
Copps and with Paul Margie about the status of the above matter and certain substantive points
reflected in the submissions already on file in this proceeding.

              Any question about this matter should be directed to the undersigned.

                                           Respectfully submitted,


                                          @
                                          *C>
                                           Alfred E.     ottur
                                           Counsel for Mobile SateiIite Ventures

cc:   Commissioner Michael Copps
      Paul Margie, Esq.                                          No. of C q i ~
      Jonathan D. Blake, Esq.                                    List ABCDE
      Gregory C. Staple, Esq.
      Mr. Wharton B. Rivers, Jr.




                                                                  Brownstein Hyatt & Farber, P.C.
                                                  Washington, D.C. T' 202.2y6.7353 F 202.296.7009
                                                   Denver, Colorado T 303.223.1100 F 303.223.11 1 1
                                            Albuquerque, New Mexico T 505.244.0770 F 505.244.9266
                                                                  -      - . - - - ^ ^ L_-^^O.*,.,.,.



Document Created: 2004-04-07 16:10:56
Document Modified: 2004-04-07 16:10:56

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