AtContact 9-25 Ex Pa

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by AtContact Communications LLC

AtContact 9-25 Call Ex Parte

2009-09-28

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

IBFS_SATMOD2008081300155_743760

                                       STEPTOE &JOHNSONw
                                       €2       D3              O                |              "y       7   rim




                                                     A   T TR   \   L’ ‘T   C   A    ’E   1oA




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




    September 28, 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 $2346, $2680, S2681, S2682,
             and $2683

   Dear Ms. Dortch,

   On September 25, 2009, the undersigned counsel for AtContact Communications, LLC ("AtContact‘)
   had a telephone conversation with Roderick Porter, Acting Chief of the International Bureau, regarding
   AtContact‘s recently filed Motion for Stay and Petition for Reconsideration of the International
   Bureau‘s Order nullifying AtContact‘s satellite space station licenses.

   On that call, I summarized the contents of the ex parte letter AtContact submitted on the same day to the
   Commission. In particular, I emphasized that irreparable injury is of paramount importance when the
   Commuission evaluates a stay request. See Comark Cable Fund II, 104 FCC 24 451, 456 «[ 9 (1986)
   (while a movant‘s argument "hald] 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."); Dynamic Cablevision ofFlorida, Ltd., 10 FCC Red.
   5156, 5156 «[ 4 (1995) ("resolution of this particular stay rests mainly on the strength of Dynamic‘s
   argument concerning the second prong [irreparable harm] of this test.").

   In AtContact‘s case, the irreparable injury portended for AtContact itself and AtContact‘s current and
   future customers if the Motion for Stay is not granted is severe: AtContact‘s current service to Alaska
   and other areas would be directly threatened; its two requests for stimulus funds for next—generation




WASHINGTON    «_   NEW YORK   +   CHICAGO   &   PHOENIX         e      LOS          ANGELES          &       CENTURY   CITY   &   LONDON    e   BRUSSELS


Marlene H. Dortch
September 28, 2009
Page 2


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. Equally important, this is not
offset by any injury on the other side of the ledger — the Treasury Department‘s claim will be secured
and AtContact will not stand in anyone‘s way from obtaining a license.

Pursuant to 47 C.F.R. § 1.1206(b), this notice is being filed electronically with a copy emailed to Mr.
Porter.

                                                             Respectfully submitted,

                                                             /s/

                                                             Pantelis Michalopoulos
                                                             Counselfor AtContact Communications,
                                                             LLC



Document Created: 2009-09-28 16:30:59
Document Modified: 2009-09-28 16:30:59

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