Attachment redacted

redacted

SUBMISSION FOR THE RECORD submitted by New ICO

redacted

2007-05-07

This document pretains to SAT-MOD-20061109-00137 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2006110900137_618643

/ " ‘ . . 2000 PENNSYLVANIA AvE., Nw MORRISON & rorRstTER LLP M O RRIS O N l FOERSTER Wasninctonx, D.C. NEW YORK, SAN FRANCISCO, LOS ANGELES, PALO AITO, 20006 1888 SAN DIEGO, WASHINGTON, D.C. TELEPHONE 202,887,1500 DENVER, NORTHERN VIRGINIA, ORANGE COUNTY, SACRAMENTO, FACSIMILE 2‘02'887‘0763 WALNUT CREEK, CENTURY CITY wWwWw.MOFO.CO M TOKYO, LONDON, BEIJING, SHANGHAI, HONG KONG, S1NGAPORE, BRUSSELS STAMP & RETURN May 7, 2007 REQUEST FOR CONFIDENTIAL TREATMENT By Hand Delivery Marlene H. Dortch Secretary F“-ED/ACCEPTED Federal Communications Commission MAY —7 2007 445 12"" Street, S.W., Room TW—A325 _ lesion Washington, D.C. 20554 ontciesoaciary Re: New ICO Satellite Services G.P. Call Sign S2651 Dear Ms. Dortch: Pursuant to Section 25.143(e)(3) of the Commission‘s rules,‘ New ICO Satellite Services G.P. ("ICO") submits a certification (attached hereto as Attachment 1) of completion of the milestone to "complete reference performance test."" The ICO certification is suitable for public inspection. Subject to the confidentiality request stated below, ICO is also submitting the following documents ("Milestone Documents") to the International Bureau: (1) a letter from its satellite manufacturer, Space Systems/Loral ("SS/L"), certifying completion of the reference performance test 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). ICO offers these documents, along with its own milestone certification, as evidence that ICO is proceeding with timely )47 CFR. § 25.143(6)(3). See New ICO Satellite Services, G.P.,22 FCC Red 2229, € 21 (IB 2007).

MORRISON I FOERSTER Marlene H. Dortch May 7, 2007 Page Two implementation of its 2 GHz mobile satellite service ("MSS") system under the milestone schedule set forth in its authorization." 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 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,° ICO 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, ICO states thefollowing: 1. ICO 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 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 * Id. * 5 U.S.C. § 552(b)(4). See Public Citizen Health Research Group v. FDA, 704 F.2d4 1280, 1290—91 (D.C. Cir. 1983). 5 47 C.F.R. § 0.457(d). © Id. §§ 0.457, 0.459. do—487226

M ORRISON ‘ FOERSTE R Marlene H. Dortch May 7, 2007 Page Three competitors,"" and is therefore exempted from mandatory disclosure under FOIA Exemption 4 and Section 0.457(d) of the 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 of information regarding amounts due, payment terms, and technical information likely would result in 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 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 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. ICO requests confidential treatment of the Milestone Documents for an indefinite period. During the operational life of the ICO system, satellite manufacturers and 2 GHz MSS competitors could use the otherwise confidential information 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." ‘ Id. § 0.457(d)(2). 8 5 U.S.C. § 552(b)(4); 47 C.F.R. § 0.457(d). * See, e. g., GE American Communications, Inc., 16 FCC Red 6731, 6731 (IB 2001). do—487226

MORRISON | FOERSTER Marlene H. Dortch May 7, 2007 Page Four 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 contemplated that licensees could seek confidential treatment of "any portion 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, ICO 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, haff] Cheryl A. Tritt a Counsel for New ICO Satellite Services G.P. Enclosures cc: Robert Nelson Cassandra Thomas Karl Kensinger See American Satellite Co., 1985 FCC Lexis 3117, at *19 (1985). See Amendment ofthe Commission‘s Rules to Establish Rules and Policies Pertaining to a Mobile Satellite Service in the 1610—1626.5/2483.5—2500 MHz Frequency Bands, 9 FCC Red 5936, 6010 (1994) (emphasis added); see also The Establishment ofPolicies and Service Rules for the Mobile Satellite Service in the 2 GHz Band, 15 FCC Red 16127, 16181 (2000). dc—487226

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 the reference performance test of its satellite. Dennis Schmitt Date: May 1, 2007

REDACTED FOR PUBLIC INSPECTION Attachment 2

REDACTED FOR PUBLIC INSPECTION Attachment 3


Document Created: 2008-01-28 15:24:47
Document Modified: 2008-01-28 15:24:47
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