Attachment letter

letter

LETTER submitted by AtContact

letter

2009-04-22

This document pretains to SAT-MOD-20080813-00155 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2008081300155_710566

                                                  James M. Talens
                                                  Attorney—at—Law *
                                      6017 Woodley Road, McLean, VA ZZIOIFILEB/:AE;GEPTgfi

                                                            703.241.1144
                                                                                   APR 2 4 2009
                                                           April 22, 2009
                                                                            Federal Communicationg Commissi
                                                                                                            on
                                                                                  Office of the Secretary
Marlene H. Dortch, Secretary
Federal Communications Commission
445 12"" Street, SW
Washington, DC 20554

Re: Letter of February 6, 2009 by AtContact Communications, LLC, Concerning
File Nos. SAT—MOD—20080813—00155 (S2346); SAT—AMD—20080930—00195 (S2680);
SAT—AMD—20080505—00098 ($2381); SAT—AMD—20080930—00194 (S$2682); SAT—
MOD—20060511—00057 (S2683).

Dear Ms. Dortch:

On February 6, 2009, AtContact Communications, LLC ("AtContact") submitted a letter
in response ("Response") to the International Bureau‘s ("Bureau" or "IB")
correspondence of January 9, 2009 regarding File Nos. SAT—MOD—20060511—00056 and
SAT—MOD—20080813—0155 in the matter of AtContact‘s compliance with its milestone
requirement to commence physical construction of its first non—geostationary satellite
orbit ("NGSO") satellite.‘ The Response outlined why AtContact‘s demonstration of
compliance with its October 15, 2008 milestone should be accepted and the extant bond
reduced by $1 million.

The Response also presented a stark assessment of today‘s satellite market in view of the
current economic situation and offered adjustments to AtContact‘s future plans. Included
was surrender of two AtContact GSO slots and the AtContact NGSO authorization, as
well as a request for regulatory flexibility and Commission assistance in support of




* Admitted to practice in the District of Columbia only.



1       Letter to Marlene H. Dortch, Secretary, Federal Communications Commission,
from James M. Talens, Counsel for AtContact Communications, LLC (October 15, 2008)
(demonstrating compliance with milestone for commencement of construction of first
NGSO satellite). See also Letter to Marlene H. Dortch, Secretary, Federal
Communications Commission From James M. Talens, Counsel for AtContact (February
6, 2009) (seeking relief as sumamrized herein). On February 4, 2009, David M. Drucker,
Manager, William A. Vanderpoel, CFO, and James M. Talens, Counsel, met with Bureau
staff and management to explain the contents of its forthcoming February 6 Response.


AtContact‘s two remaining GSO slots at 87° W.L. and 121° W.L., assuming of course
that the Commission grants AtContact‘s pending license modification applications to
relocate its 83° W.L. satellite to 87° W.L and to add GSO—band spectrum to that
authorization. AtContact also requested an extenion of 36 months in the remaining GSO
milestone dates to accommodate the impact of the financial market and the Economic
Stimulus Plan. This extension is justified (1) because of the current world financial
market situation, (2) because there is no detriment to others seeking to use the spectrum,
(3) because warehousing is patently not AtContact‘s objective, and (4) because no other
licensee would proceed any more quickly than AtContact to bring Ka—band satellite
services to a reality. Finally, AtContact provided publei interest substantiation under the
rules and case precedents for waiver of its remaining system bond

AtContact met with International Bureau staff and management on March 25 to reiterate
the matters presented in the February 6 Response and summarized herein. We stated
both in the February 6 Response and at the meeting that AtContact would be establishing
cooperation agreements with WildBlue Communications, Inc. and EchoStar, Inc.in
furtherance of satellite construction and launch. Attached hereto is a statement from
David Drucker, Manager, AtContact, offering the latest developments in furtherance of
these matters.

 It is now time for the Commission to play its part by granting the relief and assistance
AtContact and the United States need to launch and operate GSO FSS Ka—band satellites
at 87° W.L. and 121° W.L.



                                              Respectfully subm1tted/


                                 Qt\m           /

                                             ,Q,W
                                        ,%%MWM
                                                             f   A
                                                                     faxa/M
                                              James M. Talens
                                              Counsel to AtContact
                                                Communications, LLC

Attachment


                           atContact
                            Converged Media Teleport & Ka Satellite Constellation
                                wow w . a t oc o not a cot . c o m




APRIL 16, 2009

Marlene H. Dortch, Secretary
Federal Communications Commission
445 12"" Street, SW
Washington, DC 20554

Re: AtContact Communications, LLC, Concerning File Nos. SAT—MOD—20080813—
00155 (S2346); SAT—AMD—20080930—00195 (S2680); SAT—AMD—20080505—00098
(S2381); SAT—AMD—20080930—00194 (82682); SAT—MOD—20060511—00057 (S2683).

Dear Ms. Dortch:

I met with the International Bureau and the Eighth Floor on two recent occasions to
convey to the Bureau the earnestness of AtContact‘s struggle over the past years to get
advanced financing in these difficult times.

This is beyond the significant internally generated funds and personal contributions from
our existing Alaska—centric IP Connectivity business, to continue the construction of a Ka
band system for the provision of broadband coverage throughout rural America.

On October 15, 2008 we formally advised the International Bureau that we had expended
substantial sums and incurred obligations to meet our construction milestone in
purchasing the long lead items necessary to commence construction of our first Ka
satellite.

Wet met again with International Bureau staff and management on March 25 to update
them on our progress.

AtContact had stated both in its February 6, 2009 Response and at the meeting that it
would be establishing cooperation agreements with WildBlue Communications, Inc. and
EchoStar, Inc. in furtherance of satellite construction and launch. We also discussed the
return of its authorization by NGC as the only other FCC licensed Ka NGSO system

I am gratified to report that agreements have now been finalized with both
companies.




                     ATCONTACT COMMUNICATIONS LLC
       2539 NORTH HIGHWAY 67, PO BOX 348, SEDALIA, COLORADO, 80135
                  Tel: (303) 688—5162 Fax: (303) 660—4930
                                     www.atcontact.com


                           atContact
                             Converged Media Teleport & Ka Satellite Constellation
                                 wow w o. a t c a n t a cot . c o m




Page 2 of 2.


We have a very focused outlook on utilizing the Ka orbital location at 87W to
supplement the existing service to the United States from 111.1 especially in those
regions where there is limited capacity from the currently operating Ka satellite. We also
are pursuing the construction of a Ka band payload at 121 W for a specialized backbone
for rural broadband especially to Alaska.

None of this can be possible, nor can we continue our current business, without the
affirmative decisions by the FCC to allow for the meeting of its most recent Milestone,
for grant of its modifications including the grant of its Ka GSO authority at 87 W.

The Milestone action by the FCC will allow collateral to be released that will be
reinvested in our business allowing for the continued fostering of ubiquitous rural
broadband growth by AtContact in the United States.

Yours Very Truly


&
. ‘i“z 4f      1. 3
 4




David M Drucker
                    tions LLC
AtContact Communica




                          ATCONTACT COMMUNICATIONS LLC
            2539 NORTH HIGHWAY 67, PO BOX 348, SEDALIA, COLORADO, 80135
                       Tel: (303) 688—5162 Fax: (303) 660—4930
                                  www.atcontact.com



Document Created: 2019-04-11 14:41:25
Document Modified: 2019-04-11 14:41:25

© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC