Attachment Columbia Motion to d

Columbia Motion to d

MOTION submitted by Columbia

motion to dismiss

1997-02-05

This document pretains to SAT-STA-19960703-00096 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA1996070300096_1157649

                                             BEFORE THE                              OR'GINAL

               Federal Communications CommissiofCEIVED
                                      WASHINGTON, D.C. 20554                                FE8 5 ’1997


                                                                                     FEDERAL COMMUNICATIONS COMMISSION
                                                                                            OPFICE Of SECRETARY
In the Matter of




                                                                  Nnz iz
                                                                                 /        o7
COLUMBIA COMMUNICATIONS CORPORATION                                           No. 127—SAT—STA—96

Application for Extension of Special Temporary
Authority for the TDRS—4 Satellite at 41° W.L.

To: Chief, International Bureau


                MOTION TO DISMISS PETITION FOR RECONSIDERATION

                     Columbia Communications Corporation ("Columbia"), by counsel and

pursuant to Section 1.106(g) of the Commission‘s Rules, hereby requests that the

International Bureau dismiss the "Petition for Reconsideration" filed by the International

Telecommunications Satellite Organization ("Intelsat") on January 21, 1997 in

connection with the above—captioned application. The petition is subject to dismissal on

two grounds.

                     First, Intelsat does not have standing to participate directly in U.S.

regulatory proceedings. Intelsat is an intergovernmental organization under an agreement

to which the U.S. government itself is a party, and pursuant to which Intelsat possesses

broad privileges and immunities under U.S. law. Intelsat‘s special status insulates it from

certain U.S. laws and regulations (including the antitrust laws and any regulation by the

FCC) and thus precludes it from invoking such laws and regulations on its own behalf.

$8792/020597/01:15


                                                    — 2.

Comsat, the U.S. Intelsat Signatory, which is subject to U.S. regulation, is the appropriate

representative for Intelsat‘s interests before the FCC. Moreover, any legitimate concern

that Intelsat may have relating to Columbia‘s satellite operations may be raised within the

coordination process established by the International Telecommunications Union.

                     Second, even if Intelsat were entitled to party status in FCC proceedings, its

petition is a nullity. As Intelsat notes, it has already sought review of the International

Bureau‘s initial grant of special temporary authority ("STA"). That matter is pending

before the Commission, and the Commission‘s decision ultimately will govern the

continued validity of Columbia‘s authority. In the interim, it is perfectly reasonable for

the International Bureau to extend without condition the authority originally granted to

Columbia on May 6, 1996. See Columbia Communications Corporation, DA 96—703

(released May 6, 1996).‘




*          Although Intelsat complains that the STA extension "was granted ex parte, without
          service on Intelsat, without any public notice, and without opportunity for public
          participation" (Petition at 1), it offers no basis for its apparent notion that this approach
          was improper. The Bureau placed Columbia‘s initial STA request on public notice and
          Intelsat had the opportunity to comment upon it at that time (see Letter from Donald D.
          Wear, Jr., V.P. and General Counsel, Intelsat, to Scott Blake Harris, Chief, International
          Bureau, dated April 25, 1996). The International Bureau rejected Intelsat‘s arguments
          and, finding that grant of the requested authority would be in the public interest, granted
          Columbia the STA. No purpose would have been served by repeating this process in
          response to Columbia‘s extension request. As Intelsat notes, it has already sought
          Commission review of the initial grant.
88792/020597/01:15


                                                  —3—

                     Accordingly, Intelsat‘s Petition for Reconsideration should be rejected.

                                                 Respectfully submitted,

                                                 COLUMBIA COMMUNICATIONS CORP.


Of Counsel:
                                                 AVZFA             ulRRodriguez
Kenneth Gross                                                    Dav1d Keir
President
Columbia Communications Corp.                                    Leventhal, Senter & Lerman
7200 Wisconsin Avenue                                            2000 K Street, N.W.
Suite 701                                                        Suite 600
Bethesda, Maryland 20814                                         Washington, D.C. 20006
(301) 907—8800                                                   (202) 429—8970
February 5, 1997                                 Its Attorneys




$8792/020597/01:15


                                  CERTIFICATE OF SERVICE

           I, Vera L. Pulley, hereby certify that true and correct copies of the foregoing "Motion

To Dismiss Petition For Reconsideration" were sent via first—class mail, postage prepaid,

this 5th day of February, 1997, to the following:


                                       Donald D. Wear, Jr., Esq.
                                       Vice President and General Counsel
                                       INTELSAT
                                       3400 International Drive, N.W.
                                       Washington, D.C. 20008

                                       Bert W. Rein, Esq.
                                      John L. Bartlett, Esq.
                                      Wiley, Rein & Fielding
                                      1776 K Street, N.W.
                                      Washington, D.C. 20006—2304




                                                            JPomdbe. 2
                                                                   Vera L. Pulley




89227/02059701;25



Document Created: 2016-11-03 14:32:37
Document Modified: 2016-11-03 14:32:37

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