Attachment redacted

redacted

SUBMISSION FOR THE RECORD submitted by New ICO

redacted

2006-10-03

This document pretains to SAT-MOD-20050926-00182 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2005092600182_533471

2000 P E N N S Y L V A NAvE., IA NW MORRISON FOERSTER LLP W A S H I N G T O ND.C. , N E W YORK, SAN FRANCISCO, LOS A N G E L E S , P A L 0 ALTO, 2oooG-1888 SAN DIEGO, WASHINGTON, D.C. T E L E P H O N202.887.1500 E DENVER, NORTHERN VIRGINIA, O R A N G E C O U N T Y , SACRAM E N T O , F~~ I I L E 2 . 8 g 7 o7 6 WALNUT CREEK, CENTURY CITY WWW.MOFO.COM TOKYO, L O N D O N , B E I I I N G , SHANGHAI, HONG KONG, SINGAPORE, BRUSSELS SAT-MOD-20050110-00004 October 3,2006 SAT-MOD-20050926-00182 SAT-AMD-20050927-00186 SAT-AMD-20060505-00054 REQUEST FOR CONFIDENTIAL TREATMENT By Hand Delivery Marlene H. Dortch Secretary Federal Communications Commission OCT - 3 2006 445 12‘h Street, S.W., Room TW-A325 Washington, D.C. 20554 Re: New I C 0 Satellite Services G.P. Call Sign S2651 Dear Ms. Dortch: Pursuant to Section 25.143(e)(3) of the Commission’s rules,’ New I C 0 Satellite Services G.P. (“ICO”) submits a certification (attached hereto as Attachment 1) of completion of the FCC- prescribed milestone to “complete main body integrati~n.”~ The I C 0 certification is suitable for public inspecti on. Subject to the confidentiality request stated below, IC0 also submits the following documents (“Milestone Documents”) to the International Bureau: ( 1) a letter from its satellite manufacturer, Space Systems/Loral (“SS/L”), certifying completion of main body integration for ICO’s geostationary satellite and receipt of all payments due under the manufacturing contract as of the date of the letter (attached hereto as Attachment 2); and (2) a chart summarizing payments made under the manufacturing contract (attached hereto as Attachment 3). I C 0 offers these documents, along with its own milestone certification, as evidence that I C 0 is proceeding with timely implementation of its 2 GHz mobile satellite service (“MSS”) system under the milestone schedule set forth in its authori~ation.~ I 47 C.F.R. fj 25.143(e)(3). See I C 0 Satellite Services, G.P., 20 FCC Rcd 9797,9808 (1B 2005). Zd.

Marlene H. Dortch October 3,2006 Page Two Pursuant to paragraph 39 of the IC0 Modfieation Order,4I C 0 hereby notifies the Commission that contract milestone #29, originally scheduled to be completed by September 1, was completed on September 28. 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 therefore is exempted from mandatory disclosure 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,7 I C 0 requests the Commission to withhold from public inspection and accord confidential treatment to the Milestone Documents. In support of its request for confidential treatment and pursuant to the requirements under Section 0.459(b) of the Commission’s rules, I C 0 states the following: 1. I C 0 seeks confidential treatment of the Milestone Documents, which contain specific information regarding amounts due, payment terms, and technical criteria. 2. As noted above, the Milestone Documents are being submitted to support KO’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 competitor^,"^ and is therefore exempted from mandatory disclosure under FOIA Exemption 4 and Section 0.457(d) of the Commission’s rules .’ Id. 5 U.S.C. 5 552(b)(4). See Public Citizen Health Research Group v. FDA, 704 F.2d 1280, 1290-91 (D.C. Cir. 1983). 47 C.F.R. 5 0.457(d). Id. $9 0.457, 0.459. * I d . 5 0.457(d)(2). 5 U.S.C. 5 552(b)(4); 47 C.F.R. 5 0.457(d). d C-4654 8 7

Marlene H. Dortch October 3,2006 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 result in substantial competitive harm to K O . 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 I C 0 in future negotiations regarding satellite construction by allowing manufacturers to extract more favorable terms. 6. Article 3 1 of I C 0 3 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. I C 0 requests confidential treatment of the Milestone Documents for an indefinite period. During the operational life of the I C 0 system, satellite manufacturers and 2 GHz MSS competitors could use the otherwise confidential information to their competitive advantage and to I C 0 3 detriment. 9. The Commission has acknowledged that satellite construction contracts contain competitively sensitive information requiring protection from public disclosure. l o 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 information to demonstrate compliance with the milestones, the Commission expressly 10 See, e.g., GE American Communications,h c . , 16 FCC Rcd 673 1,673 1 (IB 2001). 11 See American Satellite Co., 1985 FCC Lexis 3 1 17, at * 19 (1985). dc-465487

Marlene H. Dortch October 3,2006 Page Four contemplated that licensees could seek confidential treatment of “anyportion of their report, pursuant to Section 0.459 of the Commission’s rules.”’* In order to provide adequate protection from public disclosure, the Commission should strictly 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, I C 0 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, Cheryl A! Tritt . Counsel to New I C 0 Satellite Services G.P. Enclosures cc: Robert Nelson Cassandra Thomas Karl Kensinger ’2 See Amendment of the Commission s Rules to Establish Rules and Policies Pertaining to a Mobile Satellite Service in the I610-1626.V2483.5-2500 A4Hz Frequency Bands, 9 FCC Rcd 5936,60 10 (1 994) (emphasis added); see also The Establishment of Policies and Service Rules for the Mobile Satellite Service in the 2 GHz Band, 15 FCC Rcd 16 127, 16 18 1 (2000). dc-46 54 87

ATTACHMENT 1

CERTIFICATION Pursuant to Section 25.143(e)(3) of the Commission‘s rules, I, Dennis Schmitt, certify under penalty of perjury that: 1. I am a Senior Vice President of ICO Global Communications (Holdings) Limited, the ultimate parent of New ICO Satellite Services G.P. ("ICO‘"). 2. To the best of my knowledge, information, and belief, ICO has completed main the body integration of its satellite. D dnb Dennis Schmitt Date: September 29, 2006

REDACTED - FOR PUBLIC INSPECTION ATTACHMENT 2

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Document Created: 2006-10-23 15:26:44
Document Modified: 2006-10-23 15:26:44
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