Attachment submission

submission

SUBMISSION FOR THE RECORD submitted by TMI

submission

2005-04-11

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

IBFS_SATMOD2002111400237_427700

Vinson&Elkins oreor C.Suge guigeOrnianczn Termnemeres recacesmonoee *FCC Public Inspection Copy" April 11, 2005 MalseSD RECEIVED Secrctary 1 200 Federal Communications Commission waiilan 445 Twelfth Street, S.W. edwal Communcater Conntason Washington, DC 20554 omesot Secmy Rocaiue Re:—— TMI Communications and Company Limited Partnership . ( "~CC‘V March 2005 Milestone Certification APR 1 File Nos. SAT—LOEI9970926—00161; SAT—AMD—20001103—60158; SAT—MOD—20021114—00237 int Dear Ms. Dortch: Transmitted herewith, on behalf of TMI Communications and Company Limited Partnership (TMI), pursuant to Section 25.143(€)G) of the Commission‘s rules, is a Certification, dated April 8, 2005, stating that TME has met the March 2005 milestone contained in TMI‘s 2 GHz Mobile Satellite Service (MSS) authorization, as amended, (see Memorandum Opinion and Order, FCC 04—144, released. June 29, 2004, 450).. This milestone requires TMI to "begin physical construction of {its] satellite" (hereafter "Begin Physical Construction" or "BPC" milestone). In addition, to support the BPC milestone showing and subject to the confidentiality request stated below, TMI is submitting copies of a statement and photos from Space Systems/Loral Inc. (SSL),the manufacturer of TMI‘s 2 GHz MSS system, and an affidavit from TM‘s affilite, TerreStar Networks Inc. (TerreStar), the counterparty to the satellite contract. SSL‘s statement documents, under penalty ofperjury, the work program that it has carried out as of March 31, 2005 to meet the BPC milestone. Among other things, SSL states that it has produced and procured specified hardware for the satellite, and details various subsontracts forover a dozen subcomponents and assemblies totaling almost S6 million. According to SSL, many of these subcontracts were let prior to March 2005 including, for example, the subcontracts forthe satellte‘s 5 Ib thruster,the reaction wheel assembly and the earth sensor. SSL advises that the subcontracting work for such parts has already commenced !F_O' |—and —Exhibit. 1 hereto includes copies of SSL‘s photos for the three aforementioned !‘! diifbri¢its and subassemblies as they will appear when manufacturing is completed. & Viv & EkinsLLP Atomeynattaw esn Sog uts e w tes ting. 1e Pevepparia vawett, ue tco Dxta Hovmon Lordon Mescow NewYat Tayo Wasnegon waanegon.ocarmoeszos tasonesmesto racareesnccon mevontincom

V&E mureretiDoreh Aos 1. zoos Pagea The TerreStar affidavit confioms that it has paid, —— and SSL‘s letter separately confirms that it has received —— all of the monies due and owing under the manufacturing contract atthe BPC milestone date for the 2 GHz MSS satellite. Subject to the aforestated confidentiality request, TMI is also transmitting a copy of the most recent January 25, 2005 amendment to the SSL —— TerreStar satellite manufacturing contract Confidentiality Request Pursuant to the Freedom of Information Act (FOIA),‘ and Sections 0.457 and 0.459 of the Commission‘s Rules,® TMI requests that SSL‘s March 31, 2005 letr, SSL‘s photos in Exhibit 1 and the January 2005 amendment to the SSL—TerreStar contract be withheld from public inspection and be treated confidentially because they contain sensitive proprictary financial or technical information. To facilitate public access to the non—confidential portions of this filing, a second redacted cover leter is enclosed and marked "FCC Public Inspection Copy". In support of its request for confidential treatment and pursuant to the requirements under Section 0.459(b) ofthe Commission‘s Rules, TMIstates the following: 1. TMI seeks confidential treatment of the March 31, 2005, SSL letter to TerreStar, the SSL photos of satellite components and subassemblies, and the January 25, 2005, amendment tothe SSLTerreStar manufacturing contract. 2. These documents are being submitted voluntarily by TMI to demonstrate its compliance with the third construction milestone adopted in the Commission‘s Order reinstating TMI‘s 2 GHz MSS authorization." In the event that the Commission denies TMI‘s request for confidential treatment, TMI hereby requests that the Commission return said documents without consideration pursuant to Section 0.459(e) of the Commission‘s Rules. 3. The documents contain information regarding technical specifications, construction schedules, and unique commercial terms and conditions. This information constitutes trade secrets or sensitive commercial and financial information that would !suse. sxu0 147 or®55 0457, 0450, * See Memorandin Opinion and Order. FCC —144, supra

V&E HudereicDoreh Apait, z0s Pages customarily be safeguarded from competitors,"* and is therefore exempted from disclosure under FOIA Exemption 4 and Section 0.457 of the Commission‘s Rules. 4. The documentation concerns TMI‘s implementation of a 2 GHz MSS system that will be subject to—competition from other MSS systems. ‘The Commission has previously acknowledged that there are a number of other companies that offer MSS in North America." Disclosure of the information will seriously inhibit TMs ability to remain competitive in the MSS industry. $: The contract payments, work schedule, technical specifications, manufacturing photos and performance criteria for its proposed satellite are commercially sensitive and ordinarily would not be disclosed to third parties. If disclosed, this information would allow competing 2 GHz MSS licenses to use this information to their competitive advantage. For exemple, knowledge of unique contract terms and technical specifications could allow competitors to obtain more favorable terms from other manufacturers.. Further, disclosure would harm TMI in foture negotiations with satellite construction firms by allowing them to extract more favorable terms. 6. The manufacturing contract between Loral and TerreStar requires all parties to maintain confidentiality and the contract itself is marked proprietary to the parties and TM, and may not be further disclosed without the written permission ofthe parties. 7. Information regarding the SSL—TerreStar contract, as amended, and SSL‘s March 31, 2005, progress report to TerreStar are not available to the public, and there has been no prior disclosure of such information to third parties. 8. TMI requests confidential treatment of all documents for an indefinite period. As previously discussed, release of this information at any time in the fature would cause substantial competitive harm to TML 9. Other parties holding a 2 GHz MSS authorization have filed analogous documents (e«g., CDR Reports and payload system CDR) to demonstrate compliance with a satellite construction milestone and have also requested confidential treatment.‘. To TMI‘s knowledge, all ofthese requests have been granted. twore 3000 +s ussss2t0); 47 CBR 5 4st * See MotentServices, Inc. and TA Conmunicatons and Company, LP, 16 FCC Red 20469, 424 (t‘1. Bur. 2000 " See ez, Letterfrom Joseph P. Merkaski and Bruce A. Olcot, Counsefor The Bocing Company o Marlene H Dortch, FCC Secretar, dtedApril 5, 2004 (File Nos, 179SAT.PIA37(10), 90SA4T—AMEND98(20

V&E Hatereit poreh Jpa . z005 Page For the foregoing reasons, TMI submits that the law requires confidential treatment of the portions ofthe Amendments TMI has identified above. Please direct any questions regarding this filing to the undersigned. Very truly yours, onl Enclosures cc: Cassandra C. Thomas Fem Jarmulnck Gardner Foster se1noc Leterfrom Peter D. Shiels, Counsel o ridum 2GHt LLC to MarleneH. Dortch, CC Secretry,daed December 18, 2003 (File Nos, 187—SAT—PA—37(96), SAT—LOA—1997092600147, etal); Letrfrom Brian D. WeimeCounse! o Colsato Marlene . Dorch, PCCSeeretary,dated December 18, 2003 (FilNos. 262728—088—9—9¢ etal

April 5, 2005 certirication TMI Communications and Company Limited Partnership (TMhereby certifies that, upon information and belief, on March 31, 2005, TML met the Begin Physical Construction (BPC) milestone established for TMI‘s 2 GHz Mobile Satellite Service (MSS) system in the FCC‘s authorization, as amended. See Memorandian Opinion and Order, FCC 04—144, released June 29, 2004. As the FCC is aware, TMI‘s 2 GHz MSS system is being constructed on TMT‘s behalf by its affiliate, TerreStar Networks Inc. (TerreStar) pursuant to a satellite manufacturing contract with Space Systems/Loral Inc (SSL). On July 29, 2004, TMI executed a contract with SSL guarantecing TerreStar‘s payments under the aforementioned contract, subject to certain terms and conditions. TMI hereby certifies that said payment= gvarantee contract with SSL was in effect as of March 31, 2005, and remains in effect as of the date hereo. 1 declare that the statements made in this Certification are true and correct. Ted H. Ienacy Viee President, Finance TMI Communications, Inc., General Partner ofTMI Communications and Company Limited Partership 1, _Sthan H Revll, a Notary Public for the Province of Ontario, hereby certify that Ted H. Ignacy signed this etter before me on the 2*" day of April 205.


Document Created: 2005-04-13 16:35:27
Document Modified: 2005-04-13 16:35:27
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