Attachment request

request

REQUEST submitted by EchoStar

request

2005-07-05

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

IBFS_SATSTA2005032100068_442341

STE P T O E tiJ o H N s o N LLP ATTORNEYS AT LAW Pantelis Michalopoulos 1330 Connecticut Avenue. NW 202.429.6494 Washington, DC 20036-1795 prnichalo@sreptoecorn Tel 202.429.3000 Fax 202.429.3902 stepcoe.com VIA HAND DELIVERY JVC’ - 5 2005 Ms. Marlene H. Dortch Secretary Federal Communications Commission 4.15 12th Street, S.W. Washington, U.C. 20554 -- REQUEST FOR CONFIDENTIAL TREATMENT -- Re: ECltOStUi Satellite L.L.C. Application for Special Temporary Authority to Conduct Telemetry. Tracking, m d Command Operations during the Relocation of EchoStar 4 .to the 77” W.L. Orbital Locaticn. File 30.SAT-STA-20050321-00068; Application for Modijicutiov of Dfrerct Rroaclccr.yt ScrciLi;e?Authori;alion To l‘cimit Lmg-Term Cessation of Operations On T?~rec UHS C‘hamels ut ihe 157” W.L. Orhitui Lr#carinti,.File No. SAT-MOD-20050513-00103 (Call Sign: S2621), arid Applbratir/n for Mod,’jictrtio/l uj’ &;in!?Stctinti Authorization to add the EchoStm 4 Sutrllite :it 77“ W I.. L! r“c.!tzr cf Comnrirnimtion, File No. SES-NFS-20050527-00662(Call Sign: 6020306) Dear Ms. Dortch. For the reasons stated herein, EchoStar Satellite L.L.C. (.‘EchoStar”) hereby requests thai the enclosed Attachment B to the Supplement No. 2 To Petition For Reconsideratior! be treated as confidential and not routinely available for public inspection under 17 C.F.R. $8 0.457 and 0.459. A redacted COPY of the entire Attachment B is being filed separately today for inclusion in the public record. On July 1,2005, EchoStar submitted a Supplement No. 2 to its Petition for Reconsideraiion filed in the above-referenced matters, together with a request for confidential treatment of Attachment B of that Supplement No. 2. Attachment B contained an amendment to an agrtement between EchoStar and SES Americom (“SES”) requested by the Bureau. As foreshadowed in the Supplement No. 2, EchoStar hereby submits the final version of that agreement as executed by all parties. EchoStar respectfully requests that the enclosed agreement be substituted for Attachment B of Supplement No. 2. The enclosed Attachment B contains information that qualifies as “commercial or financial information” that “would customarily be guarded from competitors” regardless of whether or WASHINGTON NEW Y O R K PHOENIX LOS ANCELES LONDON BRUSSELS - . __r- _ . ~ - ._l” . l___l_.-^ __I . l l _ _ _ ~ ._I- ~ I - & _l l ) _ _ - - ” __ -- ~ * - .I__ - 1

S T E P T O&EJ O H N S O N L L I ’ Marlene H. Dortch July 5,2005 Page 2 not such materials are protected from disclosure by a privilege. See 47 C.F.R. 5 0.457(d); see also Critical Mass Energy Project v. NRC, 975 F.2d 871, 879 (D.C. Cir. 1992) (“[Wle 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 of a kind that would customarily not be released to the public by the person from whom it was obtained.”). The confidential information contained in Attachment B relates to the commercial terms on which EchoStar and SES have reached agreement on the relocation and operation of EchoStar 4 at the 77” W.L. orbital location. In addition, Attachment B contains sensitive information that if disclosed could place EchoStar and SES at a competitive disadvantage, including specific information regarding non-price terms that warrant protection under 47 C.F.R. 5 0.459. Both EchoStar and SES would be placed at a significant disadvantage if these terms of their agreement were revealed to competing service providers, who stand to benefit competitively from any knowledge of the redacted commercial terms included in these materials. Both Echostar’s and SES’s ability to negotiate similar arrangements with other parties would be prejudiced by the disclosure of the critical non-price terms of their arrangement with each other. Moreover, if the redacted commercial terms were disclosed to competitors of EchoStar or SES, they could use such information to negotiate similar arrangements or take other actions that would place EchoStar or SES, respectively, at a substantial competitive disadvantage. The redacted material is not and has not previously been made available to the public and both EchoStar and SES take significant measures to ensure that such informztion is not disclosed to the public (including a mutual confidentiality and nondisclosure undertaking in the original agreement). Please contact the undersigned if you have questions regarding this request for confidentiality or the enclosed Attachment B of the Supplement No. 2 To Petition For Reconsideration filed in the above-referenced matters. Respectfully submitted, Pantelis Michalopoulos Counsel for EchoStar Satellite L.L.C. Enclosure cc: (by electronic mail) Roderick K. Porter, Deputy Bureau Chief, International Bureau Cassandra Thomas, International Bureau Karl Kensinger, International Bureau Jay Whaley, International Bureau


Document Created: 2005-07-13 11:40:00
Document Modified: 2005-07-13 11:40:00
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