Attachment request

request

REQUEST submitted by EchoStar

request

2005-05-13

This document pretains to SAT-STA-20050321-00068 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2005032100068_434791

& * STERTOE &JOHNSON «w OR'G,NAL atrormeys at taw Panicis Mchalopoutas 1310 Comnectiut Avene.NY roram 6n« Washingon, DC 20036795 prichalotireproecom Tel 2024203000 ax 2024003002 FoR INTERNAL UsE Of won—ruBuc May 13, 2008 Ram Recsiveg RECEIVED MaY 16 2005 MAY 1 3 2005 Marlene H. Dortch Secrotary ieCY Grondiffin! <lSureay Connontateny OkectSamay"""" Federal Communications Commission 445 12thStreet, S.W. Washington, D.C. 20554 —— CONHIDENIIAL TREATMENT REQUESTED —— Re: EchoStar Satellite LL.C. Application for Special Temporary Anthority To Conduct Telemetry, Tracking and Conmd Operatioas During the Relocation of EchoStar 4 to 77° W.L. (File No. SAT—STA—20050321—00068) Dear Ms. Dortch, EchoStar Satellte LL C. ("EchoStar") hereby responds to the April 13, 2008 request for additional informationregarding the above—referenced applicetion from Thomes S. Tycz, Chict, Sutellite Division,Intemational Bureau to Pantelis Michatopoutos, Counsel for EchoStar ("April 73 Lerter®) Some information sesponsive to the April 73 Lerter has alseady been submtted. See Letter from Pantelis Michalopoulos, Counsel for EchoStarto Mariene 1. Dortch, Secretary, FCC (Apal 26, 2005) (‘April 26 Response") (enclosing an English translation of the authorization granted to QueteSat, S. De R.L. de C.V. (‘QuetzSat") by the Mexican government) EchoStar is requesting that portions of Aftachments 1 and 3 to this leter be treated as confidential and not routinelyavailable for public inspection under 47 C.F.R. $§.0.457 and 0.459. Full copies ofboth Attachments are being submitted with this letter. A redacted version of Attachmeats 1 and 3 will be submitted separately for the public record. {Fon INTERNAL USE ONLY vashmcton + wew york +. rwornix +. tos anotits +/ tonbow +. srusseis

STEPTOE &JOHNSON« Marlene H. Dortch May 13, 2008 Page 2 1992) (‘[We conclude that financial or commercial information provided to the Government on a voluntary basis is ‘confidential" for the purpose of Exemption 4 if it is ofa kind that would customarily not be released to the public by the person from whom it was obtained."). The redacted information in Attachment 1 relates to the commercial terms on which the parties have reached agreement on the relocation and operation of EchoStar 5 at the 129° W.L. orbital location. In addition, the redacted portions ofAttachment 1 contain sensitive information thatif disclosed could place the partiesat a competitive disadvantage, including specific information regarding price and non—price terms (such as warranties, labilities, allocation ofresponsibilities among the parties) that warrant protection under 47 C.F.R, §.0.459. Both EchoStar and SES would be placed at a significant disadvantage ifte terms oftheir agreement were revealed to competing service providers, who stand to benefit competiively from any knowledge of the redacted commercial termsincluded in these materials. The ability of the partiesto negotiate similar arrangements with other parties would be prejudiced by the disclosure ofthe price and critical non—price terms oftheir arrangement with each other. Moreaver,ifthe redacted commercial terms were disclosed to competitors ofthe parties, they could use such information to negotiate similar arrangements or take other actions that would place the parties ata substantial competitive disadvantage. The redacted material is not and has not previously been made available to the public and the parties take significant measures to ensure that such information is not disclosed to the public (including confidentiality and nondisclosure undertaking in the agreement A full copy of Attachment 1 is being submitted with the enclosed letter. A redacted version ofthe Attachment will be submitted separately for the public record. Please contact the undersigned if you have questions regarding this request for confidentialty or the enclosed lette. Respectfully submitted, Pasitoin, Miderets® ]ty on Pantelis Michalopoulos Counselfor EchoStar Satellite L.LC. Enclosures ce: (by hand) Thomas . Tyez, Chief, Satellite Division, International Burcau Karl Kensinger, International Bureau Jay Whaley, International Bureau


Document Created: 2005-05-18 13:03:01
Document Modified: 2005-05-18 13:03:01
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