Attachment request

request

REQUEST submitted by New ICO

request

2006-02-07

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

IBFS_SATMOD2005011000004_482276

2000 Pooesrivarta Ave. w wermion s romm ar coPY Eol Wasitwron, D.C wee vom, ns reancuico 200061888 RHTRMNMs Taverions 202.887.1500 sovin womnan sn Facstuttr a03.88p.0763 PHY CiWiiniwens I c _J MeFHARIE" —HSNEVELS_ cEvED RECEIVED f Febriary 7, 2006 Fep — 1 2006 F reten onmnicato Conniasin imesstseniay REQUEST FOR CONFIDENTIAL TREATMENT By Hand Delivery Marlene H. Dortch Secretary Federal Communications Commission 445 12® Street, S.W., RoomTW—A325 Washington, D.C. 20554 Re: New ICO Satelite Services G.P File No. SAT—MOD—20050110—00004 Dear Ms. Dortch: Pursuant to Section 25.143(e)(3) of the Commission‘s rules,‘ New 1CO Satellite Services G.P. ("ICO®) submits a certification (attached hereto as Attachment 1) of completion of the milestone to "start communications panel/payload integration."" The 1C0O certification is suitable for public inspection and is being submitted a month ahead of schedule. Subject to the confidentialty request stated below, ICO is also submitting the following documents ("Milestone Documents") to the International Bureau: (1) a letter from the satellte manufacturer, Space SystemsLoral (°SS/L"),certifying the start of communications paneVpayload integration for ICO‘s geostationary satelite and receipt ofall payments due under the manufacturing contract as ofthe date ofthe letter (attached as Attachment 2); and (2) a chart summarizing payments made under the manufacturing contract(attached as Attachment 3). 1CO offers these documents, along with its own milestone certification, as evidence that ICO is proceeding with timely N47 CER$25.4300) " See ICO Sarelite Services, G.P, 20 FCC Red 9797, 4 38 (1B 2008) on| | | . |I

Marlene H. Dortch Febmary 7, 2006 Page Two implementation ofis 2 GHz mobile satelite service (*MSS") system under the milestone schedule set forth in itauthorization." The Milestone Documents contain highly sensitive commercial and financial information. Specifically, they include information regarding amounts due, payment terms, and technical information specified in ICO‘s manufacturing contract. The disclosure of this information likely would cause substantial competiive and financial harm to 1CO, and is therefore exempted frommandatory 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 of the Commission‘s rules,° ICO requests the Commission to withhold from public inspection and accord confidential treatment to the Milestone Documents. in support ofits request for confidentialtreatment and pursuant to the requirements under Section 0.159(b) of the Commission‘s rules, ICO states the following 1. 1C0O secks confidential treatment 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 certiication, filed pursuant to Section 25.143(e)(3) of the Commission‘s ules. 3. The Milestone Documents contain information regarding amounts due, payment terms, and technical crteria, 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," ‘1e *5 U.S.C. § 552(b)(4). See Public Citzen Health Research Group v. FDA, 704 F2d 1280, 1290.91 (D.C. Cir, 1983) harcr® 50450 *14.55 0.457, 0450 "10.5 045700) 15 u.8 C. $ 5520)00);, 47 CER $ 04570 de—asorss

Marlene H. Dortch February 7, 2006 Page Three 4. The Milestone Documents are related to the implementation of a 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 resultin substantial competitive harm to ICO. For example, disclosure ofthiinformation 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 fuiture 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 to the contract to maintain confidentiality ofinformation fumished 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 tothe 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 confidentaltreatment of the Milestone Documents for an indefinite period. During the operational lifeof the ICO system, satellite manufacturers and 2 GHz MSS competitors could use the otherwise confidentialinformation 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 that financial and technical data contained in a satellite construction contract consttutes confidentialinformation 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 seek * See, eg. GE American Communications,Inc. 16 FCC Red 6731, 6731 (1B 2001) !* See American Satellte Co., 1985 FCC Lexis 3117, at*19 (1985) de—ssorss

Po n Marlene H. Dortch February 7, 2006 Page Four confidentialtreatment of "any portion of their 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 Milestone Documents within the Commission on a "need to know" basis. In the event that any person or entity outside the Commission requests disclosure ofthe Milestone Documents,ICO requests that t be so notified immediately so that it can oppose such request otake other action to safeguard itsinterests as it deems necessary. Please direct any questions regarding this submission to the undersigned Respectfully submitted, ts CheryFA. Tritt Counsel for New 1CO Satellite Services G.P Enclosures ce: Cassandra Thomas Karl Kensinger See Amendment ofthe Commission‘s Rules t Establish Rules and Policies Pertaining to a Mobile Satelite Service in the 1610—1626 572483.5—2500 MHtz Frequency Bands, 9 FCC Red 5936, 6010 (1994) (emphasis added);see also The Establishment ofPolicies and Service Rulesfor the Mobile Satelite Service in the 2 GHBand, 15 ECC Red 16127, 16181 (2000) de—asorss

CERTIFICATION Pursuant to Section 25.143(e)(3)othe Commission‘s ules, L Demnis Schmit, certify under penalty of perjury that: 1. 1 am a Senior Vice President of ICO Global Communications Holdings) Limited, the ultimate parent of New 1CO Satellte Services G.P. ("1CO®) 2. To the best of my knowledge,information, and belief, 1CO has stated communications panel/payload integration forits 2 GHfe geostalonary satcllite orbit mobile satelite service satellte. g Denns Schmitt Date: Febrary 7. 2006


Document Created: 2006-02-09 10:45:30
Document Modified: 2006-02-09 10:45:30
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