Attachment request

request

REQUEST submitted by New ICO Satellite GP

request

2006-01-12

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

IBFS_SATMOD2005011000004_476262

ORIGINAL 2000 Posvivaris Avic i . wontion a rommin us in Wasixcron, D.C wer voms n rawcrice, s0006—1888 MR VHARHNET + Tevernore:203,887.1500 servin vorne ies FOR INTERNAL USE ONLY | Facsiuttr:202,887.0763 ied | * PB AA MAAA nompusue _ | RECE'VED JAN 1 2 2008 January12, 2006 Sidusitom DofiPritledginn REQUEST FOR CONFIDENTIAL TREATMENT By Hand Delivery Received Marlene H. Dortch 1 8 2006 Secretary Federal Communications Commission 445 12" Street, S.W., Room TWA325 Washington, D.C. 20554 Re: New ICO Satellite Services G.P. File No. SAT—MOD—200501 10—00004 Dear Ms. Dortch: Pursuant to Section 25.143(e)(3)of the Commission‘s rules,! New 1CO Satellite Services G.P. ("ICO®) submitsa certification (attached hereto as Attachment 1) of completion of the milestone to "complete bus wire hamess fabrication."" The ICO certification is suitable for public inspection. Subject to the confidentiality request stated below, ICO is also submitting the following documents ("Milestone Documents") to the International Bureau: (1) a letter rom its satellite manufacturer, Space Systems/Loral ("$8/L), certifying completion of bus wire hamess fabrication for ICO‘s geostationarysatelite and receipt oall payments due under the manufacturing contract as of the date of the leter (attached hereto as Attachment 2); and (2) a chart summarizing payments made under the manufacturing contract (attached hereto as Attachment 3). 1CO offers these documents, along with its own milestone certification. as evidence that ICO is proceeding with timely hiror® 5g2514006) * See ICO Satelite Services, G.P 20 ECC Red 9797, 9808 (1B 2003). aw 1 on wrenna. use ONY | won—PUBLIC

Marlene H. Dortch Jonuary 12, 2006 Page Two implementation of its 2 GHz mobile satellte service (°MSS") system under the milestone schedule set forth in it authorization" The Milestone Documents contain highlysensitive commercial and financial information. Specifically, they include information regarding amounts due, payment terms, and technical information specified in ICO‘s manufacturing contract. The disclosure ofthisinformation likely would eause substantial competitive and financial harm to 1CO, and is therefore exempted from mandatorydisclosure under Exemption 4 of the Freedom of Information Act (°FOIA Exemption 4*)° and Section 0.457(d) of the Commission‘s rules." Accordingly, pursuant to Sections 0.457 and 0.459 of the Commission‘s rules,° ICO requeststhe Commission to withhold from public inspection and accord confidentialtreatment to the Milestone 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: 1. 1CO seeks confidential reatment ofthe Milestone Documents, which contains specific information regarding amounts due, payment terms, and technical criteria. 2. As noted above, the Milestone Documents are being submitted to support 1CO‘s milestone certification, filed pursuant to Section 25.143(e)(3) ofthe Commission‘s rules 3. The Milestone Documents contain information regarding amounts due, payment terms, and technical eriteria, which constitutes trade secrets or sensitive commercial and 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." *n *5 U.S.C. § 552b)(4). See Public Citzen Health Research Grow v. FDA, 704 F2d 1280, 1290—91 (D.C. Cir 1983). ta7 CR 04570 14. 5§ 0.57, 0.50. "14.5045700). *s 0.5.0. 5 5520)0) 47 CR § 045700 deaissto

Bsce Marlene H. Dortch January 12, 2006 Page Three 4. The Milestone 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 of information regarding amounts due, payment terms, and technical information likely would result in substantial competitive harm to ICO. For example,disclosure ofthis information would allow competing MSS licensees to use this information to their competitive advantage. Specifically, knowledge of financial terms and conditions under ICO‘s manufacturing contract could allow competitors to obtain comparable or more favorable terms from other manufacturers. Furthermore, disclosure could harm ICO in future negotiations regarding satellite construction by allowing manufacturers to extract more favorable terms. 6. Article 31 of ICO‘s manufacturing contract contains specific provisions requiring both parties t the contract to maintain confidentialty of information furished 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 confidentility provisions of ICO‘s manufacturing contract, there has been no disclosure of such information to any third parties. 8. 1CO requests confidentl treatment of the Milestone Documents for an indefinite period. During the operational life ofthe ICO system,satellte manufacturers and 2 GHz MSS competitors could use the otherwise confidential information totheir competitive advantage and to 1CO‘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 satellite construction contract constitutes confidential information because its disclosure would cause 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 (IB 2001 " See American Satelite Co,, 1985 FCC Lexis 3117,at *19 (1983). deaissi9

Marlene H. Dortch January 12, 2006 Page Four confidentil treatment of "any portion oftheir report, pursuant to Section 0.459 of the Commission‘s rules.""" In order to provide adequate protection from public disclosure, the Commission should strietly limit distribution of the Milestone 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 Milestone 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. Respectfullysubmitted, Chery! Trit Counsel for New ICO Satellite Services G.P. Enclosures ce: Cassandra Thomas Karl Kensinger " See Amendment ofhe Commission‘s Rulesto Establish Rules and Policies Pertaining 1o a Mobile Satellte Service in the 1610—1626 572483,5—2500 Mz Frequency Bands,9 FCC Red 5936, 6010 (1999) (emphasis added)see also The Establishnent ofPolices and Service Rulesfor the Mobile Satelite Service in the 2 GHz Rand, 15 ECC Red 16127, 16181 (2000) deaissio

CERTIFICATION Pursuant to Section 25. 43(e)G) of the Commission‘s rules, . Dennis Schmitt, centify under penaltyof perjury that: 1.. 1 am a Senior Viee President of ICO Global Communications (Holdings) Limited the ulimate parent of New ICO Satellite Services G.P. (1CO®). 2.. To the best of my knowledge, information, and belief, 1CO has completed bus wire hamess fabrication for is 2 GHz geostationary satelite orbit mobile satelte service satelite. 5 Dennis Schinitt Date: January 12, 2006


Document Created: 2006-01-18 11:54:38
Document Modified: 2006-01-18 11:54:38
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