Attachment Oct. 6

Oct. 6

LETTER submitted by FCC,IB

Oct 6

2004-10-06

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

IBFS_SATTC1999072700080_400473

                              Federal Communications Commission
                                        Washington, DC 20554
IterntonalBurens




                                              October 06, 2004



     Mr. Robert Mazer
     Counsel for NetSat 28 Company, LL.C.
     c/o Vinson & Elkins
     1455 Pennsylvania Avente, N.W.
     Washington, D.C. 20004—1008
     RE:     NetSat 28 Company, LL.C., Application for Review, File No. SAT—T/C—1990727—
             0080; FOIA Request No. 21—207,

     Dear Mr. Mazer:

            This etter is in reference to the Application for Review filedon July 13, 2001 by
     NetSat 28 Company, LL.C. (NefSat 28) of the decision ofthe International Bureau to deny
     confidential treatment of certain information provided to the Commission as part of the
     transfer of control ofNetSat 28 to EMS Technologies, Inc. (EMS)." Due to subsequent
     events, including Pegasus Development Corp:s withdrawal of its request for access to the
     information purstant to the Freedom of Information Act (FOIA)® and the conclusion of the
     underlying transfer of control proceeding for which the information was sought," we find
     that it is no longer necessary to rule on the Application for Review. Accordingly, we
     dismiss the Application for Review as moot. Since there is no longer a request o access
     the information, we will not at this time make public the information not already released



     ‘ VisionStr,In., Application for Transfer of Contol, File No. SAT—T/C—19990727—0080,ied July 27,
     1999, 2000
     * Bletronic mail message from Tony Lin, Exq to Laurence Schecker, Office of General Counsel(Jan. 12,
     2000
     * NefSat 28 Company, LL.C, Memorandim Opinion and Order, 16 FCC Red 14471 (Int‘ Bur.
     2001). Pegasus has withdrawn its petiions for reconsideration of this Order. See Pegasus
     Development Corp., Notice of Withdrawal, File No. SAT—TC—19990727—0080, ied July 11, 2003. The
     Bureau recently canceled NeSat 28‘s Ka—band authorization, which was th subjec of t tansfr of contol
     applicaton, for failire to comply with the milstone conditions of the authorization. See NetSat 28
     Company, LLC, Memorandion Opinion and Order, DA 04—2882 n1 Bur. rel.Sept.9,2008)


by NetSat 28. We will treat it in the same manner as all information for which
confidentility is requested pursuant to the Commission‘s regulations, 47 C.F.R. § 0.450.
                                              Sincerely,
                                        ‘r{\«w-ua S
                                            Thomus 8. Tyor         Kpg/
                                            Chief
                                            Satellite Division




ect    Bruce D. Jacobs
       Tony Lin
       Show Pitman
       2300 N Street, N.W.
       Washington, D.C. 20037
       Counselfor Pegasus Development Corp.



Document Created: 2004-10-12 15:17:49
Document Modified: 2004-10-12 15:17:49

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