Attachment 2001NetSat 28 reply

2001NetSat 28 reply

REPLY submitted by NetSat 28

Reply

2001-04-09

This document pretains to SAT-T/C-19990727-00080 for Transfer of Control on a Satellite Space Stations filing.

IBFS_SATTC1999072700080_1026458

Before the FEDERAL COMMUNICAT;ONSCOMMISSION Washington, D.C:20554)~ RECEIVED APR ’ 20( f ;}" J APR 9 2001 In the Matter of ) ‘q"{"ip““f in /wfl FEDBRAL COMMUNIG ATIONS COMMIEEON: ) 3b N2E i 321 x(“—, o . OFPICE OF SECREMA® THE NetSat 28 Company, L.L.C. 1t duregy ) ) Application For Authorization to Construct, ) File No. 194—SAT—P/LA—95 Launch and Operate a Ka—Band ) New IBSF No. SAT—LOA—1995942—001 50 Communications Satellite System in the ) Fixed—Satellite Service in Orbital Location ) 95° W.L. ) ) For Authority to Transfer Control ) File No. SAT—T/C—1990727 REPLY NetSat 28 Company, L.L.C; ("NetSat 28"), by counsel, hereby responds to the Supplement to Opposition to Application for Review ("Supplement") submitted on March 26, 2001 by Pegasus Development Corporation. In its Supplement, Pegasus pieces together a series of suppositions and innuendos to raise questions regarding the on—going operations of NetSat 28. NetSat 28 takes strong offense with Pegasus‘ allegations. NetSat 28 has been very explicit with the Commission regarding the NetSat 28 program and its relationships with vendors including EMS Technologies and continues to conduct its business fully in accordance with all FCC requirements.‘ Nevertheless, as the Commission is aware, in June 2000 the International Bureau declared the NetSat 28 license null and void." Thus, at this time NetSat 28 currently is not a FCC licensee. This in and of itself demonstrates the absurdity of o See Application for Transfer of Control, File No. SAT—T/C—19990727—0080, July 27, 2000; Consolidated Opposition, October 7, 1999; Application for Review, July 26, 2000, and Emergency Motion for Stay, August 12, 2000 all submitted to the Commission by NetSat 28. o NetSat 28 Company, L.L.C. DA—1264, Memorandum Opinion and Order (rel. June 26, 2000). $2204 SAT—LOA—19950929—00150 NetSat 28 Company, LL.C. NetSat KA 0 $2204 sAT—T/C—19990727—0008 AN Y, LL. C. NETSAT 28 COMP

Pegasus‘ Supplement. Pegasus in essence wants to have it both ways. On one hand, Pegasus contends that today NetSat 28 must be held to a standard as if it were an FCC license. On the other hand, it is urging the Commission not to reinstate NetSat 28‘s Ka band license. Just for the record, NetSat 28 wants to make it abundantly clear that it and its principals continue to control, operate and fund the Company‘s on—going operations including its FCC regulatory activities. At no time has this responsibility ever been ceded to any third party." If in the future the Commission were to reinstate its license, NetSat 28 and its principals would continue to operate the Company in a manner consistent with all FCC requirements. Pegasus provides no facts to support its suppositions. Moreover, its suppositions fail to support its conclusions. The Supplement appears to be nothing more than a thin and desperate attempt by Pegasus to delay and confuse the Commission and should be rejected by the Commission. Respectfully submitted, By: S C Robert A. Mazer 4 M&Q/( Vinson & Elkins L.L.P. & 1455 Pennsylvania Avenue, Suite 700 Washington, D.C. 20004—1008 Tel. (202) 639—6755 Counsel for NetSat 28 Company, L.L.C. Dated: April 9, 2001 3 It should be noted that late last year, NetSat 28 moved its offices to Baltimore, MD and as previously reported to the Commission, NetSat 28 has contracted with EMS to undertake certain activities on its behalf.

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 9th day of April 2001, a true and correct copy of the foregoing NetSat 28 Reply to Supplement to Opposition to Application for Review was served via first class mail upon the following: Bruce D. Jacobs Shaw Pittman 2300 N Street, N.W. Washington, D.C. 20037 Counsel for Pegasus Development Corp. 136899_1.D0C


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Document Modified: 2013-10-29 15:15:50
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