Attachment aug 12 2002

aug 12 2002

REQUEST submitted by ICO

aug 12 2002

2002-08-12

This document pretains to SAT-T/C-20020719-00104 for Transfer of Control on a Satellite Space Stations filing.

IBFS_SATTC2002071900104_555800

Tue Aug 13 11:30:19 2002 GRIBOFF HOWARD 08/12/2002 17:23 FAX 202 887 Oo7T63 : MORRISON & FOERSTER kfip‘\’ @Oggge. ° MorRrIson & FOERSTER us SAN FRANCISCO ATTORNEYS aT lLaw NEW YORK LOS ANCELES WASHJINGTON, D.C. DENVER 2000 PENNSYLVANIA AVENUE, NW NORTHERN YIRGINIA FALO ALTO WASHINCTON, D.C. 20006—1888 LONDON wWALNUT CREEK TELEPHONE (202) as7—1s00 BRUSSELS SACRAMENTO TELEFACSIMILE (202) 887—0763 BENING CENTURY CITY HONG KONG ORANGE CoUnTY SINGAPORE SAN DIEGO TOKYO August 12, 2002 REQUEST FOR CONFIDENTIAL TREATMENT By Hand Delivery Ms. Marlene H. Dorich Secretary Federal Communications Commuission The Portals 445 12"" Street, S.W., Room TW—A325 Washington, D.C. 20554 Re: Constellation Communications Holdings, Inc., Application for Transfer of Control of Licenses, File Nos. SAT—T/C—20020718—00114 Mobile Communications Holdings, Inc. Application for Transfer of Control of License, File No. SAT—T/C—20020719—00104 Dear Ms. Dortch: In response to a request for additional information from the International Bureau regarding the above—captioned applications,‘ ICO Global Communications (Holdings) Limited (‘ICO") submits the enclosed response ("Response") and accompanying certification. The Response provides information concerning identifiable foreign ownership interests in ICO. This information consists of sensitive commercial and financial information, the disclosure of which would likely cause substantial competitive harm, and is therefore exempted from mandatory disclosure under Exemption 4 of the Freedom of Information Act ("FOIA Exemption 4"and Section 0.457(d) of the Commission‘s rules." ICO, pursuant to Sections 0.457 and 0.459 of the Commission‘s rules," requests the Commission to withhold from public inspection and accord confidential treatment to the enclosed Response. In support of this request, and pursuant to Section 0.459(b) of the Commission‘s rules, ICO states the following: ‘ See Letter from Thomas S. Tycz, Chief, Satellite Division, International Bureau, FCC, to Cheryl A. Trnitt, Counsel to ICO (Aug. 1, 2002). * 5 U.S.C. § 552(b)(4). See Public Citizen Research Group v. FDA, 704 F.2d 1280, 1290—91 (D.C. Cir. 1983). 47 CFR. § 0.457(d). *47 CFR. §§ 0.457, 0.459.

GRIBOFF HoWARD : : Tue Aug 13 11:30:19 2002 . @oggge- * p8/12/2002 17:24 FAX 202 887 0763 MORRISON & FOERSTER MorrI1soN & FOERSTER ur . Ms. Marlene H. Dortch August 12. 2002 Page Two specifically, information 1. 1CO seeks confidential treatment of the Response and, ownership interests in ICO not ordinarily contained in the Response regarding U.S. and foreign with respect to non—common camer required to be disclosed under the Commission‘s rules rship information contained inthe licenses. ICO does not seek confidential treatment of owne —captioned applications pursuant 10 the Response that was previously provided in the above Commission‘s mules. in response to a specific request 2. As noted above, the Response is being submitted —captioned applications. from the International Bureau in connection with the above lling, minonty 3. The Response contains information regarding non—contro held company, information regarding the ownership interests in ICO. Because 1ICO is a pnvately ercial and financial itutes sensitive comm identity of its non—controlling, minority investors const competimrs”s and is therefore exermmpted information that "would customanly be guarded from n 4 and Section 0.457(d) of the Commission‘s from mandatory disclosure under FOIA Exemptio yules. rship of ICO, the proposed 4. The Response contains information regarding the owne ct to services ("MSS"), which are subje transferee of licenses to provide mobile satellite ders. competition from a number of other MSS provi onse regarding ICO‘s non— . 5. Disclosure of information contained in the Resp ICO. substantial competitive harm to controlling. minority investors would likely result in disclosure would allow competitors to use Because this information is not publicly available, its ionally, public disclosure of information this informationto their competitive advantage. Addit d deter future investments in ICO. regarding ICO‘s non—controlling, minority investors coul ct the privacy interests of ICO‘s non— Furthermore, confidential treatment is necessary to prote controlling. minonity investors. not disclosed, informatio n 6. As a matter of policy, ICO does not disclose, and has wise. regarding minonity investments in ICO, foreign or other ship interests in ICO is not 7. Information regarding non-controliing, minonty owner available to the public. There has been no intentional disclosure of this information to any third parties. for an indefinite period. $. _ ICO requests confidential treatment of the Response y to proféect the privacy interests of the Confidential treatment during this period is necessar minornity investors of ICO. mmmmmmmnie 547 CFER. § 0.457(0d)(2)—

Tue Aug 13 11:30:19 2002 GRIBOFF HOWARD Page: 5 08/12/2002 17:24 FAX 202 887 0763 MORRISON & FOERSTER Woo41 MorrRrIson & FOoERSTER u» Ms. Mariene H. Dortch August 12, 2002 Page Three In order to provide adequate protection from public disclosure, the Commission should strictly limit distribution of the Response within the Commission on a "need to know" basis. In the event that any person or entity requests disclosure of the Response, ICO requests that it be so notified immediately so that it can oppose such request or take other action to safeguard its interests as it deems necessary. Please direct any questions regarding this submission to the undersigned. Very truly yours, P Cheryl A. Tritt Counsel to ICO Global Communications (Holding) Limited Enclosures ce: Howard Griboff (by facsimile)


Document Created: 2007-03-16 17:34:39
Document Modified: 2007-03-16 17:34:39
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