Attachment wildblue

wildblue

LETTER submitted by WildBlue Communications

wildblue

2004-10-18

This document pretains to SAT-STA-20040914-00176 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2004091400176_404735

WILDBLUE. DavidM. Brown communications dbrownwildblnecorp.com October 18, 2004 Br naND DELIVERY RECEIVED Ms. Marlene H. Dortch Secretary oct 1 Federal Communications Commission Ef 9 sae 445 12° Street,S.W. FedealCommnicatos Commssn Washington, DC 20554 Offvol Seciay Re: WB Holdings 1 LLC Requestfor Special Temporary Authorization, SAT—ST4—20040914—00176 Milestone Extension Request, $AT—MOD—20040915—00178 Dear Ms. Dontch: WildBlue Communications, Inc. (*WildBlue") is filing thisletter pursuantto Section 1.65 of the Commission‘s rules, 47 C.FR. § 1.65, in order to update information submitted in the two proceedings referenced above involving its wholly owned subsidiary, WB Holdings 1, LLC. On October 1, 2004, Space Systems/Loral, Inc. (‘Loral®) filed a motion in its ongoing bankruptey proceeding seeking authority to assume the amended and restated contractual documents related to construction of the WildBlue 1 Ka—band satellite. ‘The Bankruptey Court heard the motion on October 14, 2004, approved Loral‘s request and authorized Loral to execute, deliver and implement the amended agreements with WildBlue.\ Thus, assuming that there are no flings during the ten—day period allowed for appeals ofthis order, WildBlue will once again have an enforcesble contract for completion and delivery of ts first satellite. WildBlue has now accelerated its effors to arrange for launch of the satellite in advance of the June 25, 2005 milestone established in its authorization.. Unfortunately, however, the already tight timeframe remaining for such a launch has been exacerbated by recent failures of both the Sea Launch and Ariane 5 ECA launchers. It is therefore quitelikely that WildBlue will not be able to procure a launch that will satis the operational milestone requirement in its current authorization. Sincerely. David M. Brown Senior Viee President WildBlue Communications,Inc. A copy ofthe Bankruptey Court‘s order is attached hereto. ComronarHwassitus 5970 Garmowoon Puazs Bouuan Surm 300. Gtmawoco Viwce. Co Sott (720) 3842400 in Wiintwcou

RECEIVED unmEb staresBankruptcy court oct 1 9 200 sourHERN nistRict or NEW york Fedenl Commnicatos Connissin OfenotSecay Inre : Chapter 11 Case Nos LORAL SPACE LEAD CASE 03—41710 (RDD) & COMMUNICATIONS LTD, etal, i 03—41709 (RDD) through :0 o3—41728 (@DD) Debtors. (Jointy Administred) x ORDER APPROVING THE ASSUMPTION OF AMENDED ExECUTORY CONTRACT WiTh wiLDBLUE COMMUNICATIONS, INC. Upon the Motion, dated October 1, 2004 (the "Motion"),of Space Systems/Loral, Inc. (‘SST."and,together with ts dbtor afilites, the "Debtors") as debtor and debtorin possession, forapproval othe assumption of ) that cerain Amended and Restted Contract for WildBlue 1 Satelite Program between SS/L and Wild Blue Communications, Inc. (‘WildBluc") dated as ofJine 27, 2003 (the "WildBlue Contract"), as amended by Amendment Number 1 theret, dated as of September 22, 2004 (th "Amendment®and, the WildBlue Contract as amended by the Amendmentthe "Amended WildBlue Contrac®), and (i) that certain Security Agreement between SS1L and WildBlue, dated as ofJune 27, 2003, related o the Amended WildBlue Contract(he "Firs Securty Agreement‘, all as more flly se foth n the Motion:and it appearing ffom the Motionthatthe Amendment also encompasses entry nto hat cerain Securty Agreement among SS WildBlue and WB Holdings 1 LLC, dated as ofSeptember 22, 2004 (the "Second Security Agreement?, pursuant twhich SS will be granted cetain collseralsecury to secure, ie al, certain ofWildBlue‘s obligations under the Amended WikiBlue Contractand the Courthaving jursdiction to conside the Morion accoret wnoncoecoumcasmnmnowommernoc

and the relierequested therein in accordance wth 28 U.S.C.§ § 157 and 1334 and the Standing Order of Referml ofCasesto Bankruptcy Court Judges ofthe Distict Courtfor the Southem Distict ofNew York, dated July 19, 1984 (Ward, Acting CJ); and consideation of the Motion and thereliefrequested therein being a core procecding pursant to 28 U.S.C. § 157(b);and venue being proper before this Court pursuant to 28 U.S.C. § § 1408 and 1409; and due and proper notice ofthe Motion having been provided 10 () the United Sttes Trastee for the Southem Distict ofNew York, (1) the atomeys for the agentforthe Debtors"prepettion secured lenders, the attomeys for the statutory commites ofunsecured creditrs appointed in these chapter 11 cases, i) the attomeys for WildBlue,and (v)those partis entied to notice pursuant to his Court‘s Order, dated July 15, 2003, establishing notice procedures in these chapter 11 cases, and it appeating thatno other orfrther notice need be provided; and it appearing thathe reliefsought in the Motion is n the best interests of SS/L, ts creditorsand all prtesin interest, and that there existsjust cause for the eligranted hereinand upon all ofthe proceedings had before the Court and afer due deibention and suffcient cause appearing therefor,itis ORDERED that the Motion is graned; an it is further ORDERED that, pursuantto section 365(a) ofthe Bankruptcy Code, the assumption by SSN. of the Amended WildBlue Contract and the Firt Securty Agreement is hereby approved in all respects;and ts futher ORDERED that the Second Security Agreement is hercby authorized and approved in all respects; and ts further accorat—anonuecommicrasoumnowonnennoc 2

ORDERED that SS/L is authorice to execute, delver and implement the Amended WildBlue Contrct, the Fis Security Agreement, and the Second Securty Agreement, to erform all ots obligation thereunder, and to take all actions reasonably contemplated thereby;and it is furter ORDERED that thereare no defiuls underthe Amended WildBlue Contract or Fist Securiy Agreement that need to be cured under section 365 ofhe Bankmptcy Code, and the requirements of setion 365b)(1)ofthe Bankruptcy Code with respectthe Amended WildBlue Contrct and Fist Security Agreementaresatisied; and itis futher ORDERED thatthis Courtshall reainjurisdiction o enfarce the trms of the Amended WildBlue Contract, the Frt Security Agreement and the Second Securty Agreement and to deternine any claims or dispates that may arse in connection therewithand it is further ORDERED that he requirement pursiantto Rule 9013—1b)oftLocal Bankmpicy Rulesforthe Southem Distict of New York that SS filea memorandum of law in support ofthe Motion hereby is waived. Dated: October _14... 2004 New York, New York /siRobert D. Druin UNITED STATES BANKRUPTCY JUboE n vornt—wmonturcommscr assournovoropxace ..3


Document Created: 2004-11-09 16:08:37
Document Modified: 2004-11-09 16:08:37
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