Application Form [pdf]

This document pretains to SAT-T/C-20011105-00094 for Transfer of Control on a Satellite Space Stations filing.

IBFS_SATTC2001110500094_975241

READ INSTRUCTIONS CAREFULLY Approved by OMB BEFORE PROCEEDING 5 cps FEDERAL COMMUNICATIONS COMMISSION p \?0610 0:39 age No 1_ of __ REMITTANCE ADVICE & , * SPECIAL USE {1LOCKBOX FCC/MELLON NOV 0 5 2001 o ts in FCC USE ONLY 358210 SECTI (2) PAYER NAME (if paving by credit card. enter name exactly a: $2150 SAT—T/C—20011105—00094 i. Dollars and cents) Final Analysis Communication Services, Inc. FINAL ANALYSIS COMMUNICATION SERVIcES. Inc. $9.195.00 (4) STREET ADDRESS LINE NO. 1 9701—E Philadelphia Court $2150 (5) STREET ADDRESS LINE NO. 2 (6) CITY M sinis Ad0—Zif COs Lanham [ mp 20706 (9) DAYTIME TELEPHONE NUMBER (include area code) (10) COUNTRY CODE (if not in U.S.A.) 301 459—4100 FCC REGISTRATION NUMBER (FRN) AND TAX IDENTIFICATION NUMBER (TIN) REQUIRED (11) PAYER (FRN) (12) PAYER (TIN) 0003—7325—83 521900790 5 IF PAYER NAME AND THE APPLICANT NAME ARE DIFFERENT, COMPLETE W IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159—C) (13) APPLICANT NAME NOV q 9 0y (14) STREET ADDRESS LINE NO. 1 s (15) STREET ADDRESS LINE NO. 2 3mFPO—I'—B— internagf "7Y, Branch (16) CITY (17) STATE (18) ZIP Ci’fl;m (19) DAYTIME TELEPHONE NUMBER (include area code) (20) COUNTRY CODE (if not in U.S.A.) FCC REGISTRATION NUMBER (FRN) AND TAX IDENTIFICATION NUMBER (TIN) REQUIRED (21) APPLICANT (FRN) (22) APPLICANT (TIN) COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEET (23A) CALL SIGN/OTHER ID (24A) PAYMENT TYPE CODE |(25A) QUANTITY $2150 CZW 1 (26A) FEE DUE FOR (PTC) (27A) TOTAL FEE FCC USE ONLY $9,195.00 $9,195.00 (28A) FCC CODE 1 (29A) FCC CODE 2 (23B) CALL SIGN/OTHER ID (24B) PAYMENT TYPE CODE |(25B) QUANTITY (26B) FEE DUE FOR (PTC) (27B) TOTAL FEE FCC USE ONLY (28B) FCC CODE 1 (29B) FCC CODE 2 SECTION D — CERTIFICATION (30) CERTIFICATION STATEMENT mm I, a . certify under penalty, W& supporting information is tyle and correct to the best of my knowledge, information and belief. SIGNATURE "A DATE 452 [ ; [—/ 2} l * s "Gher T S SECTION E — CREDIT CARD PAYMENT INFORMATION (31) MASTERCARD/VISA ACCOUNT NUMBER: EXPIRATION DATE: D MASTERCARD D I hereby authorize the FCC to charge my VISA or MASTERCARD for the service(s)/authorization herein described. VISA SIGNATURE DATE SEE PUBLIC BURDEN ON REVERSE ' FCC FORM 159 FEBRUARY 2000 (REVISED)

FIANL ANALYSIS COMMUNICATION sERVICES 1036 FEDERAL COMMUNICATIONS Check Number: 103 6 Item to be Paid — Check Date: November 2, 2001 Misc direct costs 9,195 .00 Check Amount: $9, 195 .00

FCC Use Only ECC 312 Approved by OMB 3060—0678 File Number: Main Form Est. Avg.Burden Hours Per Response: 11 Hrs. FEDERAL COMMUNICATIONS COMMISSION Call Sign: APPLICATION FOR SATELLITE SPACE AND EARTH STATION AUTHORIZATIONS Fee Number: APPLICANT INFORMATION 1. Legal Name of Applicant 2. Voice Telephone Number Final Analysis Communication Services, Inc. 301 459—4100 3. Other Name Used for Doing Business (if any) 4. Fax Telephone Number 301 459—0101 5. Mailing Street Address or P.O. Box 6. City 9701—E Philadelphia Court Lanham 7. State / Country (if not U.S.A.) 8. Zip Code ATTENTION: Patricia Mahoney MD 20706 9. Name of Contact Representative (If other than applicant) 10. Voice Telephone Number Alleen A. Pisciotta 202 955—9771 11. Firm or Company Name 12. Fax Telephone Number Kelley Drye & Warren LLP 202 955—9792 13. Mailing Street Address or P.O. Box 14. City 1200 19th Street, N.W., Suite 500 Washington 15. State / Country (if not U.S.A) 16. Zip Code ATTENTION: DC 20036 CLASSIFICATION OF FILING 17. Place an "X" in the box next to the classification that applies to this filing for both questions a. and b. Mark only one box for 17a and only one box for 17b. D bi. Application for License of New Station b6. Transfer of Control of License or Registration (involuntary — pro forma b2. Application for Registration of New D b7. Notification of Minor Modification procedures) DflL Earth Station Domestic Receive—Only Station D b3. Amendment to a Pending Application D b8. Application for License of New Receive—Only Station Using Non—U.S. Licensed Satellite a2. Space Station D b4. Modification of License or Registration D b9. Letter of Intent to Use Non—U.S. Licensed Satellite to Provide Service in the United States [] b5. Assignment of License or Registration l:l b10. Other (Please Specify): 18. Ifthis filing is in reference to an existing station, enter; 19. If this filing is an amendment to a pending application enter: Call sign of station: (a) Date pending application was filed: (b) File number of pending application: $2150 FCC 312, Main Form — Page 1 February, 1998

TYPE OF SERVICE 20. NATURE OF SERVICE: This filin% is for an authorization to provide or use the following type(s) of service(s): Place an "X" in the box(es) next to all that apply. a. Fixed Satellite c. Radiodetermination Satellite e. Direct to Home Fixed Satellite b. Mobile Satellite r—] d. Earth Exploration Satellite l——] f. Digital Audio Radio Service D g. Other (please specify) . 21. STATUS: Place an "X" in the -box next to the applicable status. Mark only 6ne box. 22. If earth station applicant, place an "X" in the box(es) next to all that apply. Da‘ Common Carrier b. Non—Common Carrier D a. Using U.S. licensed satellites D b. Using Non—U.S. licensed satellites 23. If applicant is providing INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Mark only one box. Are these facilities: D a. Connected to the Public Switched Network D b. Not connected to the Public Switched Network 24. FREQUENCY BAND(S): Place an "X" in the box(es) next to all applicable frequency band(s). a. C—Band (4/6 GHz) b. Ku—Band (12/14 GHz) ‘ Other (Piease speciy) 148—150.05 MHz, 400.15—401 MHz, 137—138 MHz TYPE OQOF STATION 25. CLASS OF STATION: Place an "X" in the box next to the class of station that applies. Mark only one box. Da. Fixed Earth Station DbA Temporary—Fixed Earth Station l:l c. 12/14 GHz VSAT Network D d. Mobile Earth Station e. Space Station ’ ({Sg;lc];efry) If space station applicant, go to Question 27. 26. TYPE OF EARTH STATION FACILITY Mark only one box. D a. Transmit/Receive I:_—_]b. Transmit—Only D c. Receive—Only PURPOSE OF MODIFICATION OR AMENDMENT 27. The purpose of this proposed modification or amendment is to: Place an "X" in the box(es) next to all that apply. a —— authorization to add new emission designator and related service b —— authorization to change emission designator and related service c —— authorization to increase EIRP and EIRP density d —— authorization to replace antenna e —— authorization to add antenna f —— authorization to relocate fixed station g —— authorization to change assigned frequency(ies) h —— authorization to add Points of Communication (satellites & countries) i —— authorization to change Points of Communication (satellites & countries) j —— authorization for facilities for which environmental assessment and radiation hazard reporting is required k —— Other (Please Specify) ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.1307? D YES .N If YES, submit the statement as reqm);ed by Sections l.fpfl)S and 1.1311 of the Commission‘s rules, 47 C.F.R. §§ I.lfi)S and 1.1311, as an exhibit to this application. o A Radiation Hazard Study must accompany all applications as an exhibit for newtransmitting facilities, major modifications, or major amendments. Refer to OET Bulletin 65. FCC 312, Main Form — Page 2 February, 1998

ALIEN OWNERSHIP 29. Is the applicant a foreign government or the representative of any foreign government? [:]YES ENO 30. Is the applicant an alien or the representative of an alien? [_—_lYES NO 31. Is the applicant a corporation organized under the laws of any foreign government? . DYES NO 32. Is the applicant a corporation of which more than one—fifth of the capital stock is owned of record or DYES NO voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? 33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than []YES NO one—fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? 34. If any answer to questions 29, 30, 31, 32 and/or 33 is Yes, attach as an exhibit, the identification of the aliens or foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote. BASIC QUALIFICATIONS 35. Does the applicant request any waivers or exemptions from any of the Commission‘s Rules? f ~ If Yes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents. DYES NO 36. Has the applicant or any party to this application had any FCC station authorization or license revoked or had DYES NO any application for an initial, modification or renewal of FCC station authorization, license, or construction permit denied by the Commission? If Yes, attach as an exhibit, an explanation of the circumstances. 37. Has the applicant, or any party to this application, or any party directly or indirectly controlling the applicant ever been D v¥ESs E NO convicted of a felony by any state or federal court? If Yes, attach as an exhibit, an explanation of the circumstances. 38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant, guilty of unlawfully DYES E NO monopolizing or attempting unlawfully to monopolize radio communication, directly or indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement or any other means or unfair methods of competition? If Yes, attach as an exhibit, an explanation of the cireumstances. 39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending matter []YES E No referred to in the preceeding two items? If Yes, attach as an exhibit, an explanation of the circumstances. 40. If the applicant is a corporation and is applying for a space station license, attach as an exhibit the names, addresses, and citizenship ofthose stockholders owning of record and/or voting 10 percent or more of the Filer‘s voting stock and the percentages so held. In the case of fiduciary control, indicate the beneficiary(ies) or class of beneficiaries. Also list the names and addresses of the officers and directors of the Filer. 41. By checking Yes, the undersigned certifies, that neither the applicant nor any other party to the application is subject to a denial of vyES D NO Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act of 1988, 21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. See 47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes. 42a. Does the applicant intend to use a non—U.S. licensed satellite to provide service in the United States? D v¥Es No If yes, answer 42b and attach an exhibit providing the information specified in 47 C.F.R. § 25.137, as appropriate. If no, proceed to question 43. 42b. What administration has licensed or is in the process of licensing the space station? If no license will United States be issued, what administration has coordinated or is in the process of coordinating the space station? FCC 312, Main Form — Page 3 February, 1998

43. Description. (Summarize the nature of the application and the services to be provided). Applicant‘s parent, Final AnalysisInc., hasbeenput into involuntary Chapter 7 bankruptcy. Pursuant to orderof thecourt, Control of applicant‘sparent is to betransferred to bankruptcy trustee Exhibit No. Identify all exhibits that are attached to this lication. A Statement of Public Interest B Court order appointing trustee CERTIFICATION The Applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this application. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit in 47 CFR Part 20. All statements made in exhibits are a material part hereof and are incorporated herein as if set out in full in this application. The undersigned, individually and for the applicant, hereby certifies that all statements made in this application and in all attached exhibits are true, complete and correct to the best of his or her knowledge and belief, and are made in good faith. 44. Applicant is a (an): (Place an "X" in the box next to applicable response.) hos . haas . . . f. Other Da. Individual D b. Unincorporated Association [:lc. Partnership d. Corporation D e. Governmental Entity D (Please specify) 45. Typed Name of Person Signing 46. Title of Person Signing Nader Modanto Chairman and President 37. Signature /%(Jc/ 48. Date //A WILLFUJ;’F/LSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). FCC 312, Main Form — Page 4 February, 1998

FCC Use Only FEDERAL COMMUNICATIONS COMMISSION FCC 312 — Schedule A (Place an "X" in one of the blocks below) CONSENT TO TRANSFER OF CONTROL [_] consent To AssIGNMENT OF LICENSE NOTIFICATION OF TRANSFER OF CONTROL NOTIFICATION OF ASSIGNMENT OF RECEIVE ONLY REGISTRATION OF RECEIVE ONLY REGISTRATION Al. Name of Licensee or Registrant A2. Voice Telephone Number Final Analysis Communication Services, Inc. 301 459—4100 A3. Mailing Street Address or P.O. Box A4. Fax Telephone Number 9701—E Philadelphia Court ATTENTION: Patricia Mahoney 301 459—0101 A5. City A6. State / Country (if not U.S.A.) A7. Zip Code Lanham MO 20706 A8. List Call Sign(s) ofstation(s) being assigned or transfered A9. I]\_Jo. gl’s(ation(s) iste $2150 1 A10. Name of Transferor/Assignor (if different than licensee or registrant) A15. Name of Transferee/Assignee Final Analysis Inc. Chery! E. Rose, Trustee for Final Analysis Inc. All. Mailing Street Address or P.O. Box A16. Mailing Street Address or P.0. Box 9701—E Philadelphia Court 50 W. Edmonston Drive Al2. City A13. State/Country A14. Zip Code A17. City A18. State/Country A19. Zip Code Lanham MD 20706 Rockville MD 20852 A20. If these facilities are licensed, is the transferee/assignee directly or indirectly controlled by any other entity? DYES NO If Yes, attach as an exhibit, a statement (including organizational diagrams where appropriate) which fully and completely identifies the nature and extent of control including: (1) the name, address, citizenship, and primary business of the controlling entity and any intermediate subsidiaries or parties; and (2) the names, addresses, citizenship, and the percentages of voting and equity stock of those stockholders holding 10 percent or more of the controlling corporation‘s voting stock. A21. If these facilities are licensed, attach as an exhibit, a complete statement setting forth the facts which show how the assignment or transfer will serve the public interest. CERTIFICATION 1. The undersigned, individually and for licensee, certifies that all attached exhibits pertinent to Schedule A and all statements made in Schedule A of this application are true, complete and correct to the best of his/her knowledge and belief. The undersigned also certifies that any contracts or other instruments submitted herewith are complete and constitute the full agreement. 2. The undersigned represents that stock will not be delivered and that control will not be transferred until the Commission‘s consent has been received, but that transfer of control or assignment of license will be completed within 60 days of Commission consent. The und d also acknowledges that the Commission must be notified by letter within 30 days of consummation. io Ayjfa ) A22. Printed Name of Ligensee (Must agree with A1) A23. Signature A24. Title (Office Held by Person Signing) A25 uc Final Analysis Communication Services, Inc. Chairman and President A26. Printed Name of License Transferor/Assignor A27. Slf,nalurew A28. Title (Office Held by Person Signing) (If different thanlicensee. Must agree with A10) Final Analysis Inc. Chairman and President /;Cfl/ Aa() Printed \Iame of License Transferee/Assignee A31. Signature / A32. Title (Office Held by Person Signing) A33. Date nery1 E. ?zose, Trustee for FJ_na Analysis Inc. Trustee FCC 312 — Schedule A February, 1998

FCC Use Only FEDERAL COMMUNICATIONS COMMISSION FCC 312 — Schedule A (Place an "X" in one of the blocks below) CONSENT TO TRANSFER OF CONTROL I:l CONSENT TO ASSIGNMENT OF LICENSE ) NowiricArion or TRaNsrER OF CONTROL NOTIFICATION OF ASSIGNMENT OF RECEIVE ONLY REGISTRATION OF RECEIVE ONLY REGISTRATION Al. Name of Licensee or Registrant A2. Voice Telephone Number Final Analysis Communication Services, Inc. 301 459—4100 A3. Mailing Street Address or P.O. Box A4. Fax Telephone Number 9701—E Philadelphia Court ATTENTION: Patricia Mahoney 301 459—0101 AS. City A6. State / Country (if not U.S.A.) A7. Zip Code Lanham MO 20706 A8. List Call Sign(s) of station(s) being assigned or transfered A9. No. of station(s) listed $2150 1 A10. Name of Transferor/Assignor (if different than licensee or registrant) A15. Name of Transferee/Assignee Final Analysis Inc. Chery! E. Rose, Trustee for Final Analysis Inc. A1ll. Mailing Street Address or P.O. Box A16. Mailing Street Address or P. O. Box 9701—E Philadelphia Court 50 W. Edmonston Drive Al2. City A1l3. State/Country A14. Zip Code Al7. City A18. State/Country A19. Zip Code Lanham MD 20706 Rockville MD 20852 A20. If these facilities are licensed, is the transferee/assignee directly or indirectly controlled by any other entity? DYES NO If Yes, attach as an exhibit, a statement (including organizational diagrams where appropriate) which fully and completely identifies the nature and extent of control including: (1) the name, address, citizenship, and primary business of the controlling entity and any intermediate subsidiaries or parties; and (2) the names, addresses, citizenship, and the percentages of voting and equity stock of those stockholders holding 10 percent or more of the controlling corporation‘s voting stock. A21. If these facilities are licensed, attach as an exhibit, a complete statement setting forth the facts which show how the assignment or transfer will serve the public interest. CERTIFICATION 1. The undersigned, individually and for licensee, certifies that all attached exhibits pertinent to Schedule A and all statements made in Schedule A of this application are true, complete and correct to the best of his/her knowledge and belief. The undersigned also certifies that any contracts or other instruments submitted herewith are complete and constitute the full agreement. 2. The undersigned represents that stock will not be delivered and that control will not be transferred until the Commission‘s consent has been received, but that transfer of control or assignment of license will be completed within 60 days of Commission consent. The undersigned also acknowledges that the Commission must be notified by letter within 30 days of consummation. A22. Printed Name of Licensee (Must agree with A1) A23. Signature A24. Title (Office Held by Person Signing) A25. Date Final Analysis Communication s § Services, Inc. Chairman and President A26. Printed Name of License Transferor/Assignor A27. Signature A28. Title (Office Held by Person Signing) A29. Date (If different thanlicensee. Must agree with A10) Final Analysis Inc. Chairman and President A30. Printed Name of License Transferee/Assignee A31. Signature A32. Title (Office Held by Person Signing) A33. Date (Must agree with A1 che¥y1"E"." Rose, Trustee for } ; &/\ 7) f ¢ast Final Analysis Inc. e § M Trustee /0/ A // o{ 7 FCC 312 — Schedule A February, 1998

EXHIBIT A FINAL ANALYSIS COMMUNICATION SERVICES, INC. REQUEST FOR CONSENT TO INVOLUNTARY TRANSFER OF CONTROL Nature of the Application This application, filed pursuant to Section 25.119(d) of the Commussion‘s Rules, 47 C.F.R. §25.119(d), seeks consent to the involuntary transfer of control of Final Analysis Communication Services, Inc. ("FACS"). FACS is a non—common carrier licensee in the Non— Voice Non—Geostationary Mobile Satellite Services ("NVNG MSS"). The majority of the voting stock of FACS is owned directly by Final Analysis Inc. ("FAI"), with no intermediate subsidiaries. On September 14, 2001, a petition for involuntary Chapter 7 bankruptcy was filed in the United States Bankruptcy Court for the District of Maryland, Case Number 01—21039, to liquidate the assets of FAI. As reflected in the order issued October 24, 2001 (attached as Exhibit B), that court appointed Cheryl Rose of Rockville, Maryland, as Trustee for FAL. This transferred control of FAI to the Trustee, and consequently resulted in the involuntary transfer of the ultimate control of FACS.

Cm aecanas parma PuNVLC : LEmC iA a5s 2 °n L i ~ze—~aew 1 40t °W bur— c ‘ ExHxIBIT B FINAL ANALYSIS COMMUNICATION SERVICES. Inc. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND IN RE: FINAL ANALYSIS, INC. Case No. 01—21039 Chapter Seven Debtor(s) APPOINTMENT OF TRUSTEE AND DESIGNATION OF REQUIRED BOND Cheryl Rose,of Rockville,MD, was appointed on October 16, 2001 as Trustee for the estate(s) of the above named debtor(s). Unless a trustee is elected at the meeting of creditors called pursuant to Section 341 Title 11, United States Code, in the above réferenced case, the Interim Trustee shall serve as Trustee. This case is covered by the blanket bond for Chapter 7 case Trustees, a copy ofwhich is on file with the Court. W. Clarkson McDow, Jr. U.S. Trustee/Region Four By: t M’\xm ,(§ CLIFFORD J. WHITE IHM Assistant U.S. Trustee Office of the U.S. Trustee for the District of Maryland 6305 Ivy Lane, Suite 600 Greenbelt, MD 20770 Date: October 24, 2001 (301) 344—6216 a 70 Asd t wad DCOI/SIFER/164411.1 . C2 NCT—P4—P0A21 g&:eo tumsa e l l ues Totel P.02

ExniBIt C FINAL ANALYSIS COMMUNICATION SERVICES, INC. REQUEST FOR CONSENT TO INVOLUNTARY TRANSFER OF CONTROL Statement of Public Interest Approval of the involuntary transfer of control requested in this application will serve the public interest. The Commission has long recognized that such action will allow creditors to receive the full protection afforded by federal bankruptcy law. See, eg., Dale J. Parsons et al., 10 FCC Red 2718, 2720 (1995); DH Overmyer Telecasting Co., Inc., 94 F.C.C. 2d 117, 123 (1983). Moreover, approval in this case will contribute to the stability of FCC licensee FACS and its ability to implement its authorized satellite system.


Document Created: 2012-11-15 14:35:12
Document Modified: 2012-11-15 14:35:12
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