AtContact Ex Parte (

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by AtContact Communications, LLC

AtContact Ex Parte

2009-09-25

This document pretains to SAT-MOD-20060511-00060 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2006051100060_743549

Pantelis Michalopoulos 1330 Connecticut Avenue, NW 202.429.6494 Washington, DC 20036-1795 pmichalo@steptoe.com Tel 202.429.3000 Fax 202.429.3902 steptoe.com September 25, 2009 Via ELECTRONIC FILING Marlene H. Dortch Secretary Federal Communications Commission 12th Street S.W. Washington, D.C. 20554 Re: Motion for Stay and Petition for Reconsideration filed by AtContact Communications, LLC, of International Bureau Order DA 09-1850, Call Signs S2346, S2680, S2681, S2682, and S2683 Dear Ms. Dortch: On September 24, 2009, representatives of AtContact Communications, LLC (“AtContact”) met with: (1) Austin Schlick, Dan Harrold, David Horowitz, Paul Cascio, and Grey Pash from the Office of General Counsel; and Roderick Porter, Robert Nelson, and Cassandra Thomas from the International Bureau; (2) Jennifer Schneider, Legal Advisor to Commissioner Copps; (3) Erin McGrath, Legal Advisor for Commissioner Baker; and (4) Angela Giancarlo, Senior Legal Advisor and Chief of Staff for Commissioner McDowell. AtContact summarized the factual submissions and arguments made in its recently filed Motion for Stay and Petition for Reconsideration of the International Bureau’s Order nullifying AtContact’s satellite space station licenses. AtContact emphasized the irreparable injury portended for AtContact itself and AtContact’s current and future customers if the Motion for Stay is not granted: AtContact’s current service to Alaska and other areas would be directly threatened; its two requests for stimulus funds for next-generation satellite broadband service would be frustrated, and so would a private equity commitment of many tens of millions of dollars that is premised on the receipt of stimulus funds. Moreover, on the other side of the ledger, no injury is threatened for anyone if the Bureau grants the

Marlene H. Dortch September 25, 2009 Page 2 stay. In this respect, AtContact submits a copy of the $5 million bond securing its license1 and associated bond reduction riders reducing it to $3 million, which demonstrate that the Treasury Department’s claim will continue to be secured if a stay is granted, as the surety will be “held and firmly bound unto” the United States Treasury. Irreparable injury is paramount in the Commission’s evaluation of the stay factors. The Commission has, for example, granted in part a motion for stay because of the great irreparable harm of divestiture, in spite of the fact that the other three factors weighed against granting the stay. The Commission explained that while a movant’s argument “ha[d] little chance of success on appeal and that granting their motion, as filed, would harm both other interested parties and the public interest . . . it [was] possible that Defendants might suffer irreparable injury if divestiture were completed before the unlikely event that they were successful at the Court of Appeals.” In re Comark Cable Fund III, 104 FCC 2d 451, ¶ 9 (rel. Dec. 9, 1985). In another decision, the Commission granted a motion for stay based on the “irreparable harm” prong. In re Dynamic Cablevision of Florida, Ltd., 10 FCC Rcd 5156 (rel. Mar. 29, 1995). As the Commission put it, “resolution of this particular stay rests mainly on the strength of Dynamic’s argument concerning the second prong [irreparable harm] of this test.” The Commission concluded that “a stay of our order is appropriate to prevent Dynamic from being subjected to the irreparable economic harm of implementing a restructuring, with its associated expenses, and issuing refunds to subscribers that it could not later recoup.” Id. at ¶ 6. This is not to say that AtContact does not have a significant likelihood of success on the merits – it respectfully submits it does. In this respect, the Commission’s rules allow reconsideration on the basis of not previously presented facts where consideration of the facts is required in the public interest. 47 C.F.R. § 1.106(c)(2). The Bureau has taken into account facts not previously presented in reconsidering a license cancellation in circumstances similar to those obtaining here. See In re EchoStar Satellite Corp., 17 FCC Rcd 23489, ¶ 5 (rel. Nov. 8, 2002). In that case, the information EchoStar submitted on reconsideration to show it had met the first milestone “clarifie[d] facts that existed at the time of its milestone deadline.” Id. Moreover, the “public interest in seeing EchoStar’s Ka-band services brought to the public outweighs any harm caused by EchoStar’s failure to provide this information as part of its initial milestone compliance demonstration.” Id. Finally, AtContact highlights its request for similar treatment with that of a similarly – and indeed worse – situated licensee, Digital Globe.2 1 The bond was filed with the Commission on May 15, 2006. 2 See Digital Globe, Inc., Request for Determination of Compliance with Satellite Implementation of Milestones, File No. SAT-MOD-200407280-00151 (Oct. 2, 2006).

Marlene H. Dortch September 25, 2009 Page 3 Pursuant to 47 C.F.R. § 1.1206(b), this notice is being filed electronically with a copy emailed to the Commission officials that participated in the meetings. Respectfully submitted, /s/ Pantelis Michalopoulos Counsel for AtContact Communications, LLC cc: Paul Cascio Angela Giancarlo Dan Harrold David Horowitz Erin McGrath Robert Nelson Grey Pash Roderick Porter Austin Schlick Jennifer Schneider Cassandra Thomas

Bond Number 6371647 Federal Communications Commission Ka—band Satellite System License Payment Bond KNOW ALL PERSONS BY THESE PRESENTS, that contactMEO Communications, LLC (hoercinafter called the Principal) and Safeco Insurance Company of America (hereinafter called the Surety}, are held and firmly bound unto the United States Treasury (hereinafter called the Obligee), in the maximum penal sum of Five Million U.S. Dollars ($5,000,000) to the payment of which sum, well and truly be made, the Principal and Surety bind themselves, and each of their heirs, administrators, executors and assigns, jointly and severally, firmly by these presents. Regardless of the number of years this bond maybe in force, the aggregate liability of the Surety payable under this bond shall not be cumulative and is limited to the stated maximum penal sum. WHEREAS, the Principal‘s application to launch and operate the NGSO Fixed—Satellite System ("Satellite System"), has been granted by the Federal Communications Commission ("FCC") and the Principal is authorized to launch and operate such satellites in the Ka—band frequencies in accordance with the terms and conditions set forth in its FCC authorization which authorization is hereby referred to and made a part hereof. WHEREAS, in accordance with the conditions of the Satellite System authorization granted by the FCC, the Principal must file a payment bond with the FCC within 30 days of the application being granted. NOW, THEREFORE, THE CONDITION OF THE ABOVE OQBLIGATION IS SUCH, that if the Principal shall well and truly perform the obligations in said authorization at the time and in the manner specified during the term of this bond, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, That this bond is subject to the following conditions: 1. Satellite System must be constructed and launched in accordance with the authorization by the following specified time milestones: a. Enter into a binding nom—contingent contract to construct the licensed satellite system by April 15, 2007. b. Complete the Critical Design Review of the licensed satellite system by April 15, 2008. c. Begin the physical construction of the first satellite by October 15, 2008. d. Complete construction and launch the first satellite by October 15, 2009. e. Certify the entire system is operational by April 15, 2012. 2. Upon completion of each milestone, confirmation of which will be filed with the FCC by Principal, and issuance of a Public Notice by the FCC confirming same, the maximum penal sum of the bond shall be reduced by 20% ($1,000,000) via rider to this bond sent to the PCC and the Obligee, 3. In the event of a Notice of Default (Le., an order or public notice revoking Principal‘s authorization) issued by the FCC to the Principal and the Surety regarding the performance of the milestones specified above during the term of this bond, the Surety shall be liable only up to the current outstanding maximum

penal sum amount after giving effect to applicable milestone reductions. It is also understood and conditionally agreed that upon receipt of such Notice of Default, the sole remedy under this bond will be the tender of payment of the current outstanding maximum penal sum of the bond ({taking into account subsequent riders to the maximum penal sum of the bond described above) within thirty (30) business days of such Notice of Default. Any such Notice of Default made under this Bond shall be made in writing and shall be given a personal delivery or expedited delivery service, postage pre—paid, addressed to the parties af the addresses specified below: To the Surety: Safteco Insurance Company of America Safeco Plaza Seattle, Washington 98185 To the Principal: With capy to: confactMEOCommunications, LLC____ lames M. Talens, Counsel Attention: David Drucker, Manager 6017 Woodley Road 2539 North Highway 67 McLean, VA 22101 Sedalia, CO_ 80135 4. No right of action shall accrue on this bond to or for the use of any person or corporation ather than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. 5. If any conflict or inconsistency exists between the Surety‘s obligations or undertakings as described in this bond and as described in other documents, statutes or regulations, then the terms of this bond shall prevail. This bond shall be effective on the 15day of May, 2006 and shall cease at such time as the PCC confirms that the Principal has satisfied all of the milestones set forth in paragraph 1. Signed and sealed this 12th day of May, 2006. contactMEO Communications, LLC (Pri 9eipa!} By: DAABPA_S — Bafeco Ins ce Company of America «{Surety) j—in—Fact (Witness} Mona D. Weaver, DBemver, CO.

; before he,. Celeste T. Helms Shelley Czajkowski ipacity(ies}; and #{s) bg the instrument the.person fflz;; ¥ or;h»atity fi.t;.;m; behalf of wihich he persitin(s) acted, executed the ii nstrument. WITNESS my hand and officialseal. i) This area for OfficialNMaotartal Seal iough the dats below is not required by—iaw, it may prove valuable rocpersons relying on the document and.—coul prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER dESCRIPTION—OF ATTACHED ROCUMENT : OF TYPE OF COCumENntT F‘”S (= hk hss a 0 7\ [ L2 [ tho#t Res #r34 AlT_—PHMRPOSE ACKNOWLEDGEMENT El

x POWER E S A F E C O OF ATTORNEY KNOW ALL BY THESEPRESENTS: nai SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE C nereby appoint ¢4.w;;nes.:s«§;g$x f i( xd STET HELMS GARRY L WE sAE AM NNA M.ROR ts true and lawlul attormey(s}—in—4fact. u i full authorily to execute on s nehnell ficelity and surety honds of undeftakings and othe: documents of 2 semilar character issued in the course of its business, and to bind the respective companythereby IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have eac attested these presents this 4th uay of dung CHRISTINE MEAD, SECRETARY MIKE MCGAVICK. P RESIOENT CERTIFICATE Extract from the By—l aws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: Adicle V, Section 13. — FIDELITY AND SURETY SONDS.... the President, any Vice President, the Secretary. ant any Assistant Vice Presigent app nied for that purpose by the officer in charge of surety operations. snall each have authority to appoint individuats as altormeys—in—fact or under other approp? te tiles with suthonty i0 execute on behisll of the company fidelity and surety bonds and cther gocuments of similar characier issued by the company in the course of ts business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile, ‘On any Instrument conféetfing suct authonty or un any bond or undertaking of the company. the seal, or a faceimile thereo!, may be impressed or affixed or in any other manner reproduced; provided. however. that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Goard of Directors of SAFFCOINSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 197 $70. "On any certificate executed by the Secretary or an assistent secretary of the Company setting out. ) The provisions of Article V. Section 13 of the By—Laws, and (i) .A copy of the power—st—aftorney appointment, executed pursuarnt thereto. and {it) Certifying that said power—of—attormey appointment is in fuil tarce and effect, the signature of the certitying officer may be by facsimile, and the seal of the Company may be a facsimile tnereot." 1. Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, so neraby centify that the foregoing extracts of the By—Laws and of a Resolution of the Board of Directors af these corporations, and of s Power of Altorney issued pursuanl thereio., are true and correct, and that both the Sy—Laws, the Resolution and the Power of Attiomey are still in full force and eftect. IN WITNERSS WHEREOF, | have hereunto set my hand and affixed the tacsimile seal of said comporation this 12th say 05 May:__ 0 2006

Bond No. 6321647 RIDER To be attached to and form a part of License Bond, No. 6321647 dated the 12"day of May, 2006 issued by the SAFECO INSURANCE COMPANY OF AMERICA, as Surety, on behalf of contactMEO Communications, LLC as Principal, in the maximum penal sum of FIVE MILLION DOLLARS ($5,000,000.00}, and in favor of United States Treasury, as Obligee. In consideration of the premium charged for the attached bond, and in accordance with revised rules governing bonds for NGSO Fixed—Satelilite System ("Satellite System") in the Ka—band frequencies and in the Matter of Amendment of the Commission‘s Space Station Licensing Rules and Policies, First Order of Reconsideration and Fifth Report and Order, FCC 04—147, 2004 FCC LEXIS 3782, which became effective on September 20, 2004, 69 Fed. Reg. 51586 (Aug 20, 2004), it is hereby agreed that the attached bond be amended as follows: 1. The maximum penal sum of the bond is hereby decreased from FIVE MILLION DOLLARS ($5,000,000.00) TO FOUR MILLION DOLLARS ($4,000,000.00) 2. Upon completion of each milestone, confirmation of which will be filed with the FCC by the Principal, and issuance of a Public Notice confirming same, the maximum penal sum of the bond shall be reduced by $1,000,000.00 via a rider to this bond sent to the Federal Communications Commission and the Obligee. Provided, However, that the attached bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified, and further that the lfability of the Surety under the attached bond and the attached bond as amended by this rider shall not be cumulative. This rider shall become effective the 6thday of July, 2007. Signed and sealed this 10°" day of July, 2007. WITNESS: contactMEO Communications, LLC By: Principal ACCEPTED: SAFECO INSURANCE COMPANY OF AMERIC FEDERAL COMMUNICATIONS COMMISSION BY: 11123

Safeco insurance Company of Americs . General insurance Company of Amenca POWER Safeco Piaza OF ATTORNEY Seatile, WA 98135 Ne 6613 KNOW ALL BY THESE PRESENTS: Thal SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint semncememmer®* KA |ALIN CHURCH; SHELLEY CZAJKOWSK]; CELESTE T. HELMS; ANUJ JAIN; SHEILA 1. MONTOYA; WILLIAM M. O‘CONNELL, JR.; MONA D. WEAVER; AMY WICKETT: Denwer, C olpracig*******eceesiee eneceniedgindes its true and lawful attormey(s)—in—fact, with full authority to execute on its behaif fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 28th day of July , 2006 + lt o3 ~, ~M CYV o3 ? »lephanes dalray)litr +o& {\/i {2 i2 1 PATUAWueKerd$ & w us A haot \/ & STEPHANIE DALEY—WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE—PRESIDENT, SURETY CERTIFICATE Extract from the By—Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Arlicle ¥, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys—in—fact or under other appropriate titles with authority to execute on behalf of the company fideflity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority ofr on any bond ar undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking," Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, D The provisions of Article W. Section 13 of the By—Laws, and {#) A copy of the poworof—atiomey appointment, executed pursuant therete, and (it) Certifying that said power—of—attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile. and the seal of the Company may be a faceimile thereof." i, Stephante Daley—Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do herebycertify that the foregoing extracts of the By—Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attornay issued pursuant thereto, are frue and correct, and that both the By—Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the faceimile seal of said corporation 10th . July 2007 this day of ~ M td 4 fi\? }/ \/ STEPHANIE DALEY—WATSON, SECRETARY Seteco® and the Sefeco logo are registered tracemarks of Safece Cerporetion wEs PDF

Bond No. 6321647 RIDER To be attached to and form a part of License Bond, No. 6321647 dated the 12""day of May, 2006 issued by the SAFECO INSURANCE COMPANY QOF AMERICA, as Surcty, on behalf of contactMEO Communications, LLC as Principal, in the maximum penal sum of FOUR MILLION DOLLARS ($4,000,000.00), and in favor of United States Treasury, as Obligee. In consideration of the premium charged for the attached bond, and in accordance with revised rules governing bonds for NGSO Fixed—Satellite System ("Sateillite System") in the Ka—band frequencies and in the Matter of Amendment of the Commission‘s Space Station Licensing Rules and Policies, First Order of Reconsideration and Fifth Report and Order, FCC 04—147, 2004 FCC LEXIS 3782, which became effective on September 20, 2004, 69 Fed. Reg. 51586 (Aug 20, 2004), it is hereby agreed that the attached bond be amended as follows: 1. The maximum penal sum of the bond is hereby decreased from FOUR MILLION DOLLARS ($4,000,000.00) TO THREE MILLION DOLLARS ($3,000,000.00) 2. Upon completion of each milestone, confirmation of which will be filed with the FCC by the Principal, and issuance of a Public Notice confirming same, the maximum penal sum of the bond shall be reduced by $1,000,000.00 via a rider to this bond sent to the Federal Communications Commission and the Obligee. Provided, However, that the attached bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified, and further that the Hiability of the Surety under the attached bond and the attached bond as amended by this rider shall not be cumulative. This rider shall become effective the 5thday of September, 2008. Signed and sealed this 9"" day of September, 2008. WITNESS: contactMEO Communications, LLC—_ 4 o y fo 0C * . [ J P 4 A j $ : l"%@, % ; | ,’: B\fi;‘fgj MA_KALAALAR _ ~ zfi E l o . Y sds en * Principal ACCEPTED: SAFECO INSURANCE COMPANY OF AMERICA FEDERAL COMMUNICATIONS COMMISSION 4 Angela M.‘Tindol{, Attorney—in—Fact

POWER en rst nowre & & OF ATTORNEY Seattla, WA 08185 §613 KNOW ALL 8y THESE PrEsENTS: No. That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appaint rarrarkex=*®**SHELLEY CZAJKOWSKI; CELESTE T. HELMS; ANUYJ JAIN: SHEILA 1 MONTOYA; MONA D. AIC A WEAVER; AMY WICKETT; A{QGELA M T‘N{}C}L; {’H‘é‘ggflgs g'%a“ &‘?c{)i\t?‘ijiséfl‘. Der?v{:?' CG&JfaEEO*Q‘ v w o ho w ud o o d i m ue e e n w t e ue se se n al e e e e dn ut d ae o t W m won B WnBc its true and lawful altormey fact, with full authority to execute on its behaif fidefity and surety bonds or undertakings and other documents of a similar character issued in the course of Its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and altested these presents Apri 2008 this l4th day of P ! mss ‘ L.W 2y y * . — .. 4 oA# M /4ex 2 ~~ CA opg CYy s &5 (fi%@fm &G;&j}ffl—/é 4x | 5'*{ ilk}y‘ arXieakd iA \\_/ CQ STEPHANIE DALEY—WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE—PRESIDENT, SURETY CERTIFICATE Extract from the By—Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDE] ITY AND SURETY SONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in tharge of surety operations. shall each have authority to appoint individuals as attorngys—n—fact or under other appropriate lifes with authority to execute on behailf of the company fidefity and surety bonds and other documents of similar charaeter lesued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On anmy instrument confering such authority or on any bornd or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixzed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Exiract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970 *On any certificate executed by the Secretary or an assistant secretary of the Company setting oul, (1) The provisions of Article ¥, Section 13 of the By—Laws. and (§) A copy of the power—vlaltorney appointment, execuled pursuant thereto, and {if} Certifying that said power—of—attorney appointment is in full force and effect, the signature of the certifying officer may be byfacsimile, and the seal of the Company may be a faceimile thereot," 1. Stephanie Datey—Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By—Laws and of a Resolution of the SBoard of Directors of thase corporations, and of a Power of Attorney issued pursuant theretc Resolution and the Power of Attormey are still in full force and effect. IN WITNESS WHEREOF, | have hereunto set my hand and affixed the facsimile seal of said corporation this 9th day of September 2008 »tleptaras *&fé&bf”” Aftp_ \/ STEPHANIE DALEY —WATSON, SECRETARY


Document Created: 2009-09-25 15:40:14
Document Modified: 2009-09-25 15:40:14
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