Ex P - Surety.pdf

LETTER submitted by ATCONTACT COMMUNICATIONS, LLC

Letter

2009-10-01

This document pretains to SAT-MOD-20060511-00057 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2006051100057_744621

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                                                  ATTORNEYS AT LAW


    Pantelis Michalopoutos                                                                    1330 Connecticut Avenue, NWY
    202.429.6494                                                                               Washington, DC 20036—1795
    pmichalo@steptoe.com                                                                                 Tel 2024293000
                                                                                                          Fax 202.429.3902
                                                                                                               steptoe.com




    October 1, 2009

    Via ELECTRONIC FILING

    Marlene H. Dortch
    Secretary
    Federal Communications Commission
    12th Street S.W.
    Washington, D.C. 20554

    Re:       Motion for Stay of International Bureau Order DA 09—1850, Call Signs $2346, $2680,
              $2681, S2682, and S$2683

    Dear Ms. Dortch:

    AtContact Communications, LLC ("AtContact‘), through its undersigned counsel, submits this letter to
    highlight the urgency of granting the above—referenced Motion for Stay by Friday, October 2, 2009.

    The attached letter from Safeco Insurance Company of America ("Safeco") explains that it intends to act
    on the Commission‘s instructions to forfeit AtContact‘s bond if a stay is not granted or the Commission
    has not agreed to withdraw its instructions pending the resolution of AtContact‘s Petition for
    Reconsideration of the Bureau‘s Order by Friday, October 2, 2009. In addition, AtContact has received
    a letter from the FCC‘s Chief Financial Officer Mark Stephens, dated October 1, 2009, demanding
    Safeco provide the bond payment by October 5, 2009.‘

    As demonstrated in AtContact‘s Motion for Stay, the forfeiture of this bond will cause severe irreparable
    injury for AtContact and its current and future customers — AtContact‘s current service to Alaska and
    other areas would be directly threatened; and its two requests for stimulus funds for next—generation


              ‘ Letter from Mark Stephens, Chief Financial Officer, FCC, to Bruce Echigoshima, Safeco
    Insurance Company of America (Oct. 1, 2009). Irrespective of the date used as a payment deadline, the
    urgency of granting a stay applies.




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Marlene H. Dortch                                                                 1E EUE C
October 1, 2009
Page 2


satellite broadband service would be frustrated along with a private equity commitment of many tens of
millions of dollars that is premised on the receipt of stimulus funds. Equally important, AtContact‘s
irreparable injury is not offset by any injury to any other party or to the public, as the Treasury
Department‘s claim to the bond will remain secured pending a decision on its Petition for
Reconsideration.

We urge the Commission to grant the Motion for Stay before the surety‘s stated deadline so that
AtContact‘s bond is not forfeited while its Petition for Reconsideration is being considered on the
merits.

Pursuant to 47 C.F.R. § 1.1206(b), this notice is being filed electronically with copies emailed to
Commission staff that have participated in ex parte discussions on this matter.

                                                             Respectfully submitted,


                                                                     Is/
                                                             Pantelis Michalopoulos
                                                             Philip L. Malet
                                                             Christopher Bjornson
                                                             L. Lisa Sandoval
                                                             Counselfor AtContact Communications,
                                                             LLC


Attachment

Coe:
Paul Cascio
Angela Giancarlo
Dan Harrold
David Horowitz
Erin McGrath
Robert Nelson
Grey Pash
Roderick Porter
Austin Schlick
Jennifer Schneider
Cassandra Thomas


                                                                                Liberty Mutual Surety

                                                                                   BRUCE S. ECHIGOSHIMA

                                                                           WESTERN REGION SURETY CLAIMS
                                                                                P.O. Box 34670 Seattle, WA 98124
                                                                                           Phone: (206) 545—5000
September 30, 2009

OVERNIGHT MAIL                                                      +
FAXED TO: (303) 723—553                                        cc: Pantelis Michalopoulos
                                                                   1330 Connecticut Avenue NW
Jenny Palasz                                                       Washington, DC 20036
Director, Treasury & Risk Managment                             -
Dish Network, LLC                                                  FAXED TO: (202) 429—3902
2539 North Highway 67
Sedalia, CO 80135

    Re:      Principal:        contactMEO Communications, LLC
              Bond No.:        6321647
              Obligee:         United States Treasury
              Claim:           Notice of Default

Dear Ms. Palasz:

We are in receipt of copies of copies of the Redacted Petition for Reconsideration and Redacted Motion for Stay which
were both filed on September 21, 2009. While we understand that this matter is under review by the FCC we do need to
confirm the status of this matter at this time. As you will recall a demand was made upon the bond late in August and
Safeco has thirty (30) days from the demand to respond. We calculate that our response is due on or about October 9,
2009.

As was stated in my FAX to you of September 9 Safeco must receive confirmation in writing from the FCC that they
have agreed to withdraw the claim pending the resolution of the administrative and/or court proceedings. In the
alternative, you can provide evidence that you have obtained a protective order from a court of competent jurisdiction
that specifically provides that the surety is excused from not paying until the proceedings have been concluded. This
information must be in our office by the close of business on October 2, 2009 or we will be forced to proceed as is
required under the bond.

If you have any questions, please feel free to contact me at the number and address listed above or by FAX. My FAX
number is (425) 376—8636.

Thank you.

Very truly yours,

SAFECO INSURANCE COMPANY OF AMERICA


Bruce S. Echigoshima
Surety Claims

Woodley

Member of Liberty Mutual Group



Document Created: 2009-10-01 16:06:33
Document Modified: 2009-10-01 16:06:33

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