IB 5-5-09 ATC 00978.

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by c/o Goldberg Godles Wiener & Wright

ex parte 1

2009-05-06

This document pretains to SES-AMD-20070723-00978 for Amended Filing on a Satellite Earth Station filing.

IBFS_SESAMD2007072300978_710780

AGREEMENT This AGREEMENT (“Agreement”) is made as of the Effective Date by and between TerreStar Corporation, a Delaware corporation, TerreStar Networks Inc., a Delaware corporation, and all of their Affiliates and subsidiaries (collectively “TerreStar”); on the one hand, and the U.S. Department of Justice (“DOJ”) and the U.S. Department of Homeland Security (“DHS”), on the other hand. (DOJ and DHS are referred to collectively as “the Government Parties,” and all of the Parties to this Agreement are referred to collectively as the “Parties.”) RECITALS WHEREAS, U.S. communications systems are essential to the ability of the U.S. government to fulfill its responsibilities to the public to preserve the national security of the United States, to enforce the laws, and to maintain the safety of the public; WHEREAS, the U.S. government has an obligation to the public to ensure that U.S. communications and related information are secure in order to preserve the national security of the United States, protect the privacy of U.S. persons and to enforce the laws of the United States; WHEREAS, it is critical to the well-being of the nation and its citizens to maintain the viability, integrity, and security of the communication systems of the United States (see, e.g., Executive Order 13231, Critical Infrastructure Protection in the Information Age, Presidential Decision Directive 63, Critical Infrastructure Protection, and Presidential Homeland Security Directive / HSPD-7, Critical Infrastructure Identification, Prioritization, and Protection); WHEREAS, protection of Classified and Sensitive Information is also critical to U.S. national security; WHEREAS, TerreStar Networks Inc. has filed applications with the Federal Communications Commission to license Mobile Earth Terminals (METs) and to provide Ancillary Terrestrial Component (ATC) service, and a petition seeking to permit TerreStar Networks Inc. to have indirect foreign equity and voting interests above 25 percent; WHEREAS, TerreStar plans to construct and operate an integrated satellite/terrestrial mobile communications network using one or more geostationary satellites and two redundant, satellite gateways in Allan Park, Ontario, Canada, and North Las Vegas, Nevada, United States. It intends to use this network to provide mobile communications services to independent distributors who will in turn distribute such service to individual customers and may also in the future distribute such services to its own customers; WHEREAS, TerreStar’s proposed service will enable users to send and receive data, voice, or other communications to and from mobile terminals from anywhere within the United States, and elsewhere; WHEREAS, Domestic Communications sent and received via TerreStar’s proposed service other than Domestic Communications carried via terrestrial facilities will be routed by TerreStar NSA 1


Document Created: 2009-05-06 14:38:03
Document Modified: 2009-05-06 14:38:03
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