Attachment DG Consents-req addt

DG Consents-req addt

REQUEST submitted by DG Consents

request

2010-04-29

This document pretains to SAT-T/C-20091130-00130 for Transfer of Control on a Satellite Space Stations filing.

IBFS_SATTC2009113000130_818643

                                                                                                ORIGINAL
L  [ LERMAN
 S SENTER
              4 PLLC


                                                                                                           STEPHEN D. BARUCH
  WASHINGTON, DC                                                                                                  202.416.6782
                                                                                                         SBARUCH @LERMANSENTER.COM




                                            April 29, 2010

VIA HAND DELIVERY                                                        FILED/ACCEPT
Ms. Marlene H. Dortch                                                           APR 29 2705°
Secretary                                                              Eederal Communications Ge
izglelrgl hCé)mmuréi%e]ltions Commission                               ‘ eoera'éfi;gg];f”tfg 'Soencsr;:
       th   Street,
Washington, DC 20554

                 Re:   DG Consents Sub, Inc.
                       File No. SAT—T/C—20091130—00130
                       Call Sign $2129

Dear Ms. Dortch:

        DG Consents Sub, Inc. ("DG Consents Sub"), by its undersigned counsel, respectfully
requests an additional 90 days to consummate the above—referenced transfer of control of the
non—geostationary orbit satellite system licensed to DG Consents Sub under Call Sign $2129
from Morgan Stanley & Co., Inc. ("Morgan Stanley") to the shareholders of DigitalGlobe, Inc.
("DigitalGlobe"), the parent company of DG Consents Sub. With this request, DG Consents Sub
seeks until August 1, 2010 to complete the subject transaction.

        The International Bureau granted DG Consents Sub‘s transfer of control application
effective March 4, 2010. See Public Notice, Report No. SAT—00670, DA 10—382 (March 5,
2010). Under the Commission‘s rules, the Bureau‘s action established May 3, 2010 as the date
by which the subject transaction is to be completed. See 47 C.F.R. § 25.119(f) (transfers of
control shall be completed within 60 days from the date of authorization). However, as DG
Consents Sub forecast in its transfer of control application, the event triggering the transfer of
control —i.e., a reduction in Morgan Stanley‘s equity holdings in DigitalGlobe to less than 25
percent — cannot be assured of occurring by the May 3 deadline due to market conditions and
other economic factors. This timing uncertainty led DG Consents Sub to request a waiver of
Section 25.119(f) to allow 180 days after approval for consummation of the transfer. See File
No. SAT—T/C—20091130—00130, Exhibit F (Description, Public Interest Statement and Request
for Waiver of Section 25.119(f)). DG Consents Sub is now certain that the May 3 deadline will
not be met, and accordingly seeks an additional 90 days in which to complete its transfer of
control.



                         2000 K STREET NW. SUITE 600 | WASHINGTON, DC 20006—1809
                        TEL 202.429.8970 | FAX 202.293.7783 | WWW.LERMANSENTER.COM


L          Ms. Marlene H. Dortch
          April 29, 2010
      S _ Page —2—



      The Bureau has previously granted requests to extend the transfer of control
consummation period of licensees unable to close their transactions within the initial 60—day
period. See, e.g. Robert M. Franklin, Transferor and Inmarsat, ple, Transferee, 24 FCC Red 449,
484 (IB 2009) (granting Inmarsat‘s request to complete transaction within 180 days to permit a
consolidated closing of various authorization types). Comparable treatment is appropriate here
where the event triggering the transfer of control is subject to circumstances beyond DG
Consents Sub‘s control, including the fluctuation of ownership interests in the now publicly—
traded DigitalGlobe that affect Morgan Stanley‘s equity holdings in the company.

        Approval of this request also will serve the public interest by avoiding the need for DG
Consents Sub to submit a follow—on transfer of control application, which Bureau staff would in
turn be required to process. Preparing, filing and processing this second, duplicative request
would be wasteful and an inefficient use of limited Bureau resources. The public interest will be
better served by extending the consummation deadline to encompass a period within which DG
Consents Sub expects the transfer of control to occur.

       For the foregoing reasons, DG Consents Sub requests an additional 90 days, through
August 1, 2010, in which to consummate the subject transfer of control. Should you have any
questions regarding this request, please contact the undersigned counsel.

                                        Respectfully submitted,


                                                      3:
                                          ephefn/D. Baruch
                                        Philip A. Bonomo

                                        Counsel to DG Consents Sub, Inc.

ge:      Karl Kensinger (by e—mail)
         Jeanette Spriggs (by e—mail)



Document Created: 2019-04-21 00:40:22
Document Modified: 2019-04-21 00:40:22

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