Attachment milestone

milestone

REQUEST submitted by New ICO

milestone

2006-04-26

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

IBFS_SATMOD2005011000004_499195

o Wasiuxeron, D.C wer vou t ravcrice 20006—1888 MB MRERIMMUIE » c Tevernoxe 202.887.1500 onvit omm vieims Eesnt 2038870763 SNESAIMTciRmYEN [FORINTERNALUSE Ggy seserson Teseons I EcEIVED * L____nor—rusug _| & APR 2 6 2006 > April 26, 2006 cetunt conmunicatins conniien ** " Minony en REQUEST FOR CONFIDENTIAL TREATMENT Delivery Marlene H. Dortch Secretary Federal Communications Commission 445 12® Street, S.W., Room TW—A325 Washington, D.C. 20554 Re: New ICO Satellite Services G.P. File No. SAT—MOD—200501 10—00004 Call Sign: S2651 Dear Ms. Dortch: Pursuant to Section 25.143(c)(3) ofthe Commission‘s rules,‘ New ICO Satelite Services G.P. (‘1CO") submits a certification (attached hereto as Attachment 1) of completion of the milestone to "complete propulsion integration."" The ICO certification is sutable for public inspection. Subject to the confidentiality request stated below, ICO also submits the following documents ("Milestone Documents") o the International Bureau: (1) a etter from itssatelite manufacturer, Space SystemsLoral (*SSA."), certifying completion of propulsion integration for ICO‘s geostationary satellite and receipt of all payments due under the manufacturing contract as of the date of the lette(attached hereto as Aftachment 2); and (2)a chart summarizing payments made under the manufacturing contract (atached hereto as Attachment 3). 1CO offers these documents, along with its own milestone certification, as evidence that ICO is proceeding with timely implementation oits 2 GHz mobile satellte service ("MSS") system under the milestone schedule set forth in its Commission authorization. W orR, p2s.1000) * See ICO Satellte Services, G.P. 20 FCC Red 9797, 438 (IB 2005).

oS Marlene H. Dortch April 26, 2006 Page Two Pursuant to paragraph 39 ofthe ICO Modifcation Order," 1CO notifies the Commission that the milestone to complete propulsion integration was completed on April 20, 2006, priorto the FCC milestone deadline, but 19 calendar days following the scheduled implementation date set forth in Appendix F of ICO‘s satellite manufacturing agreement." 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 competitive and financial harm to ICO, and is therefore exempted from mandatory disclosure under Exemption 4 ofthe 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 ofthe Commission‘s rules," ICO requests the Commission to withhold from public inspection and accord confidential treatment to the Milestone Documents. In support of ts request for confidential treatment and pursuant to the requirements under Section 0.459(b) of the Commission‘s rules, ICO states the following: 1 1CO secks confidential reatment of the Milestone Documents, which set forth specificinformation regarding amounts due, payment terms, and technical criteria 2. As noted above, the Milestone Documents are being submitted to support ICO‘s milestone certification, filed pursuant to Section 25.143(e)(3) of the Commission‘s rules. 3. The Milestone Documents contain information regarding amounts due, payment terms, and technical criteria, which constitutes trade secrets or sensitive commercial and financial information that "would customarily be guarded from competitors,"" and is therefore u4 430 ‘The FCC implementation milestone schedule does not require ICO to complete propulsion integration until May 1, 2006, but the contractualmilestone schedule set forth in Appendix F of 1CO‘s satelfite manufacturing agreement spccifiesa completion date of Aprl 1, 2006 *5 U.S.C. § 552(b)(4). See Public Citzen Health Research Group v. FDA, 704 F.2d 1280, 1290— 01 (D.C. C 1983). ta7 CcBR 504570 " 14. 5§ 0.457, 0.450. *14. 5 045700) dcusioe

morr: Marlene H. Dortch April 26, 2006 Page Thrce exempted from mandatory disclosure under FOLA Exemption 4 and Section 0.457(d) ofthe Commission‘s rules." 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 ofinformation regarding amounts due, payment terms, and technical information likely would resultin substantial competitive harm to ICO. For example, disclosure of this 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 satelite construction by allowing manufacturers to extract more favorable terms. 6. Article 31 of ICO‘s manufacturing contract contains specific provisions requiring both partiesto the contract to maintain confidentiality of information fumnished 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, tere has been no disclosure of such information to any third partics. 8. 1CO requests confidentialtreatment ofthe Milestone Documents for an indefinite peried. During the operationallife of the 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 satellte 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 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 *s 0.8.C. § 552090047 CRR. § 045700 " See, eg, GE American Communications,Inc. 16 FCC Red 6731, 6731 (1B 2001). " See American Satelite Co, 1985 FCC Lexis 3117, at *19 (1985). dcamior

morrisox Marlene H. Dortch April 26, 2006 Page Four information to demonstrate compliance with the milestones, the Commission expressly contemplated thatliensees could seek confidential 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 ofthe Milestone Documents, ICO requests that it be so notified immediately so that it can oppose such request otake other action to safeguard it interests as it deems necessary. Please direct any questions regarding this submission to the undersigned. Respectfully submitted. 4feX Chery! A. Trit Counsel for New ICO Satellte Services G.P. Enclosures ce Robert Nelson Cassandra Thomas Karl Kensinger " See Amendmentofthe Conmission‘s Rules to Establish Rules and Policies Pertaining to a Mobile Satellte Service in the 1610—1626 372483 5—2300 Mz Frequency Bands,9 ECC Red 5936, 6010 (1992) (emphasis added); see also The Atablishment ofPolicies and Service Rulesfor the Mobile Satellite Service in he 2 GHz Band, 15 FCC Red 16127, 16181 (2000) dcusior

CERTIFICATION Pursuant to Section 25.143(e)3) of the Commission‘s rules, 1, Dennis Schmit, centify under penalty of perjury that: 1.. 1 am a Senior Vice President of ICO Global Communications (Holdings) Limited, the ultimate parent of New ICO Satelite Services G.P. ("1CO®). 2. To the best of my knowledge, information, and belief, ICO has completed propulsion integration for is 2 GHz geostationary satellite orbit mobile stellite service satellit. 5 Dennis Schmitt Date: April 24, 2006

PUBLIC VERSION REDACTED Attachment 2

PUBLIC VERSION REDACTED Attachment 3


Document Created: 2006-04-28 11:04:40
Document Modified: 2006-04-28 11:04:40
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