Attachment request

request

REQUEST submitted by ICO

request

2005-05-10

This document pretains to SAT-MOD-20050110-00004 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2005011000004_434770

es 2000 Priousvivanta Av. w Wasmixcron, D.C. ...... ORIGINAL rer rent se rercarce 20006—1888 IeHRERMREC Tevernort:203,887.1500 snn xomunemicane Frcsturtn:202.887.0063 MEX nleminranr RECEIVED May 10, 2005 may 1 0 2005 redwalCommuncaton Conminson Received Offen t Serviny MAY 1 3 2005 Poicy Branch REQUEST FOR CONFIDENTIAL TREATMEN]'MBNMM Euces By d Delivery Marlene H. Dortch FoR INTERNAL Use ONWY Secretary Federal Communications Commission nowpusuis 445 12" Street, S.W., Room TW—A325 Washington, D.C. 20554 Re: 1CO Satellite Services G.P. Application to Modify Letter of Intent Authorization File No. SAT—MOD—20050110—00004 Dear Ms. Dortch: Pursuant to Section 25.143(e)(3)of the Commission‘s rules,‘ ICO Satellite Services G.P. (°ICO®) submitsa certification (attached hereto as Attachment 1) of completion of the critical design review ("CDR") milestone set forth in its satellite manufacturing contract with Space SystemsLoral, Ic. (°SS/L")* Additionally, in support ofits certification, ICO submits a leter from SSAL, certifying completion of CDR for ICO‘s GSO system and receipt of all payments due under the manufacturing contract as ofthe date ofthis leter (attached hereto as Attachment 2). Both certifications by ICO and SSNL (Ze, Attachments 1 and 2) are suitable for public inspection. Subject to the confidentiality request stated below, ICO is also submitting the following documents ("CDR Documents") to the Intemational Burcau: (1) a chart summarizing Sn onR $25.1000) " 1CO proposed certain system milestones fr the geostationary satelte orbit (°GSO") system it proposes in the above—referenced appliction to modify its eteroitent authorization. 1CO proposed to complete the CDR milestone by May 2005. See Application to Modify Letter ofIntent Authorization of ICO, File No. SAT— 10,2005) R INTERNAL use onty L___wow—pusue

ra1so Marlene H. Dortch May10, 2005 Page Two payments made under the manufacturing contract (attached hereto as Attachment 3); and (2) a soft copy (provided on CD ROM) of the CDR report and supporting documentation supplied by SS/L(attached hereto as Atachment 4). 1CO offers these documents, along with the certifications, as evidence that ICO is proceeding with timely implementation of is 2 GHz mobile satelite service ("MSS") system under the milestone schedule proposed in its modification application. The CDR Documents ("CDR Documents") contain highly sensitive commercial and financial information. Specifically,they include information regarding amounts due, payment terms, and technical eiteria specified in ICO‘s manufacturing contract. The disclosure of thisinformation likely would cause substantial competitive and financial harm to ICO, and is therefore exempted from mandatory disclosure under Exemption 4 of the Freedom of Information Act (FOIA Exemption 4")° and Section 0.457(d)ofthe Commission‘s rules." Accordingly, pursuant to Sections 0.457 and 0.459 ofthe Commission‘s rules,‘ ICO requeststhe Commission to withhold from public inspection and accord confidentialtreatment to the CDR Documents. In support of ts request for confidentialtreatment and pursuant to the requirements under Section 0.459(b) of the Commission‘s rules, ICO states the following: A 1CO seeks confidential treatment ofthe CDR Documents, which contain specific information regarding amounts due, payment terms, and technical crteria. 3. As noted above, the CDR Documents are being submitted as required under Section 25.143(¢)3) ofthe Commission‘s rules. 3. The CDR Documents contain information regarding amounts du, payment terms, and technical criteria, which constitutes trade secrets or sensitive commercialand financial information that "would customarily be guarded from competitors,"" and is therefore exempted from mandatory disclosure under FOIA Exemption 4 and Section 0.457(d)ofthe Commission‘s rules." * 5 U.S.C. § S§2(b)(4). See Public Citzen Health Research Group v. FDA, 704 F2d 1280, 1290.91 (D.C. Cir 1983). tar onRg 04870 * 14. 5§ 0.487, 0.450. *14.5045700). 75 0.5.C. § 55209047 CRR 5 04570 deaissto

Pnd rster Marlene H. Dortch May 10, 2005 Page Three 4. The CDR Documents are related to the implementation ofa 2 GHz MSS system, which will be subject to competition from a number of other MSS systems. 5. Disclosure ofinformation regarding amounts due, payment terms, and technical criteria likely would result in substantial competitive harm to ICO. For example, disclosure of this information would allow competing 2 GHz MSS licensees to use thisinformation to their competitive advantage. Specifially, knowledgeof financial terms and conditions under ICO‘s manufacturing contract could allow competitors to obtain equally or more favorable terms from other manufacturers. Furthermore, disclosure could harm ICO in future negotiations regarding satellte construction by allowing manufacturers to extract more favorable terms. 6. Article 31 of ICO‘s manufacturing contract contains specific provisions requiring both parties to the Contract to maintain confidentiality of information furnished in connection with the Contract or the transactions contemplated under the Contract 7. Information regarding amounts due, payment terms, and technical specifications is not available to the public. Consistent with and except as provided under the confidentiality provisions of ICO‘s manufacturing contract,there has been no disclosure of such information to any third parties. 8. 1C0 requests confidential treatment of the CDR Documents for an indefinite period. During the operational life ofthe ICO system, satellite manufacturers and 2 GHz MSS competitors could use the otherwise confidentiainformation to their competitive advantage and to ICO‘s detriment 9. The Commission has acknowledged that satellite construction contracts contain competitively sensitive information requiring protection from public disclosure. Specifically, the Commission has found thatfinancial and technical data contained in a satellie construction contract constitutes confidential information because its disclosure would eause substantial harm to the licensee‘s competitive position." Moreover, in requiring Big LEO and 2 GHz MSS licensees to submit annual reports and any requested additional contract and construction information to demonstrate compliance with the milestones, the Commission expressly contemplated that licensees could seck * See, eg, GB American Communications, Inc., 16 FCC Red 6731, 6731 (1B 2001). * See American Satellte Co,, 1985 FCC Lexis 3117,at *19 (1985). deaissto

morr1so o Marlene H. Dortch May 10, 2005 Page Four confidentil treatment of "any portion oftheir report, pursuant to Section 0.459 ofthe Commission‘s rules.""" In order to provide adequate protection from public disclosure, the Commission should strietly limit distribution ofthe CDR Documents within the Commission on a "need to know" basis. In the event that any person or entity outside the Commission requests disclosure of the CDR Documents, ICO requests that it be so notified immediately so that it can oppose such request or take other action to safeguard its interests as it deems necessary. Please direct any questions regarding this submission to the undersigned. Respectfully submitted. Uhe Chery! A. Trit 2 Counsel for ICO Satellite Services G.P. Enclosures cc: Cassandra Thomas Karl Kensinger " See Amendment of he Commission‘s Rules to Establish Rules and Policies Pertaining to a Mobile Satellte Service in the 1610—1626.52483,5—250MHtz Frequency Bands, 9 FCC Red 5036, 6010 (1994) mphasis added); see also The Establishment ofPoliciesand Service Rulesfor the Mobile Satelte Service in the 2 GHz Band, 15 ECC Red 16127, 16181 (2000). deais319

ATTACHMENT 1

raizs «xserscent 1co uomm com pace. ar/er asfas/aeas CeRmIRICATION Pursuant to Section 25.121(d)(2) of the Commission‘s rules, I, Dennis Schnit, certify under penalty of perjury that: 1. am the Senior Vice President, Finance of 1CO Global Communications (Holdings) Limited, the ulimate parent company of Satellite Services G.P. (1CO®). 2. To the best of my knowledge, information, and belief, 1CO has completed critical design review of its proposed 2 GHz geostationary satelite orbit ("GSO") mobile satelite service (‘MSS®)satelite. 3. To the best of my knowledge, information, and belief, 1CO has met every milestone and made every payment d under its manufacturing contract with Space Systems/Loral, as of the date hereof. se Dennis Schmitt Date: May 9, 2005

ATTACHMENT 2

erverremm tatie ty C nater se Curths e vierroiden tw c S 7: Potram Mampenen & SvcmFapreriog Fac. w in 6 May 2008 Dennis Schnitt President 1CO Satelite Management LLC 2300 Carilon Point Kirkland, Washington 98033 Dear Mr. Schmitt Pursuant to our Satellte manufacturing contract, as exccuted on January 10, 2005 (the "Contract"), Space Systems/Loral, Inc. is submitting this declaration of completion of the Critical Design Review (CDR) ofthe ICO satelite for 2—GHz mobile communications. By this lette, SSAhereby certifies that the CDR was completed on April 29, 2005, in accordance with the requirements contained in the Contract Sttement of Work Section 2.2.3, and as approved by 1CO. The Contract was in full fore and effect as of the CDR completion date and as ofthe date hereof, Further, as of the date hereof, the contractor has received from 1CO all of the payments due and owing under the Contract. The amount of each payment is specified in Exhibit P to the Contract. The last invoice for the CDR work (desiznated Milestone #7) was submitted to ICO on May 2, 2005 In accordance with Section 1.16 ofthe rules ofthe Federal Communications Commission, 47 C.F.R. Section 1.16, 1 the undersigned, acting on behalf of Space SystemsLoral, Inc., herchy declare under penaltyof perjury that to the best of my information and belief, the foregoing is true and comect. Executed on May 6, 2005. Sincerely, Cf lWoch« Christopher F. Hocber Senior Vice President Space SystemsLoral, Inc.

ATTACHMENT 3 (REDACTED)

ATTACHMENT 4 (REDACTED)


Document Created: 2005-05-18 15:39:20
Document Modified: 2005-05-18 15:39:20
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