Attachment notification transfe

notification transfe

LETTER submitted by Final Analysis Communications Services, Inc.

Notification Transfer of Control

2002-10-03

This document pretains to SAT-T/C-20020125-00010 for Transfer of Control on a Satellite Space Stations filing.

IBFS_SATTC2002012500010_975246

RECEWED & INSPECTED ROSE & ASSOCIATES, LLC mMay 01 2002 ATTORNEYS AT LAW 50 W. EDMONSTON DRIVE SUITE 600 FCC — MAILROOM ROCKVILLE, MARYLAND 20852 Cheryl E. Rose | Telephone (301) 838—2010 Diana C. Theologou . ~~ * Facsimile: (301) 738—9492 Admitted to Practice in MD RSre[voee April 22, 2002 Ms ¢ & 2009 $ V Ms. Marlene H. Dortch Seetig Secretary Nlernsi,f:n!;?}é, Q,.-‘:_,5 Federal Communications Commission 445 12"" Street, S.W. Washington, D.C. 20554 Re: Final Analysis Communication Services, Inc., Application for Consent to Transfer Control from the Estate of Final Analysis, Inc. to New York Satellite Industries, LLC; FileNo#SAT—1/C—20020125—00010 Dear Madam Secretary: I am the transferor in the above—referenced application, and I support the expeditious grant of the application. I have been requested by the transferee to respond to the comments filed April12, 2002, on behalf of Mr. Michael Ahan, opposing the transfer. As previously disclosed to the, FCC on September 4, 2001, a petition for an mvoluntary Chapter 7 bankruptcy was filed in the United States Bankruptcy Court for the District of Maryland for Final Analysis, Inc. ("FAI"), then the parent corporation of FCC licensee Final Analysis Communication Services, Inc. ("FACS"). On February 7, 2002, the FCC granted approval for the pro forma transfer of control of FACS to me, as Trustee for the Estate of FAL. I had solicited bids from interested parties and third parties to acquire certain assets of: FAI, including the stock that FAI owned of FACS (together, the "FAI Asset"). There were multiple hearings before the Court regarding the availability of information about the FAI asset to third parties. On January 11, 2002, I presented to the Court the bid that I considered to be the best offer for the FAI Asset. ‘Mr. Ahan, in his individual capacity and a corporation in which he has substantial control ("Protolex LLC") was an active participant in the bid process. Mr. Ahan filed and prosecuted objections to the sale process and submitted a b1d with certain colleagues, under thename of"Star New" to purchasethe FAI Asset

ROSE & ASSOCIATES, LLC ATTORNEYS AT LAW Madam Secretary — April 22, 2002 RECEIVED & INSPECTED Page 2 MAYy 0 1 2002 FCC — MAILROOM During the hearing to approve the sale of the FAI Asset, the Court heard testimony and legal argument regarding the importance of a timely conclusion of the sale process. Judge Keir, the bankruptcy judge who conducted the hearing on the sale of the FAI Asset, heard the: testimony of Mr. Ahan and directly questioned Mr. Ahan regarding his objections to the proposed sale. In response to the Court‘s questions, Mr. Ahan testified that he believed that the sale should proceed, and he agreed that a prompt resolution of the sale was in the best interest of FACS and FAI‘s creditors. Indeed, the Court concluded the sale in an expeditious manner in order to preserve the status of the FCC license, which was deemed the most valuable component of the FAI Asset, for the purchaser. After considering the objections of various parties and hearing legal argument, the Court held an auction in which bidders were presented with a final opportunity to present their highest, best and final bid. The Court conducted a fair and open sale of the FAI asset, and the Court approved the sale of the FAI Asset from the FAI Estate to New York Satellite Industries, LLC ("NYS"). On January 14, 2002 and pursuant to the bid process stated by the Court on January 11, 2002, I executed a Bill of Sale in favor of NYS. However, at present, the Estate has retained. control over the FACS stock and the FACS license. The Estate is prepared to execute documentation transferring control to NYS (or its designees) after receiving a request to do so from NYS or its agents, which request is expected to be received after the FCC has issued an order consenting to the transfer of control of the FACS license from the Estate to NYS (or its designee). it enetin oiahioe i oominte In conclusion, I support the application filed by NYS, and I encourage the FCC to grant the prompt approval of the pending application. Sincerely, Chuczl E L¥ Cheryl E. Rose, Chapter 7 Trustee for the Estate of Final Analysis, Inc.


Document Created: 2012-11-15 14:51:52
Document Modified: 2012-11-15 14:51:52
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