Attachment Terrstar grant

Terrstar grant

DECISION submitted by FCC

Terrstar ex parte grant

2008-05-20

This document pretains to SES-AMD-20070907-01253 for Amended Filing on a Satellite Earth Station filing.

IBFS_SESAMD2007090701253_643431

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) Application of TerreStar Networks Inc. )1 File Nos. SES-AMD-20070907-01253 To Amend its Mobile Earth Terminal ) Application to Request Authority to ) SES-AMD-20070723-00978 Operate an Ancillary Terrestrial ) 2Component InSatelllte GHz Mobile Connection withSystem Service its )) REQUEST TO MODIFY EX PARTE STATUS TO PERMIT-BUT-DISCLOSE In the above-captioned proceeding, TerreStar Networks Inc. ("TerreStar") has requested authority to operate ancillary terrestrial component ("ATC'') facilities as part of its 2 GHz mobile satellite service ("MSS") system and has requested waivers of certain ATC techrucal rules. TerreStar hereby requests that the International Bureau m o d e the ex parte status of the proceeding from "restricted" to "permit-but-disclose," pursuant to Section 1.1200(a) of the Commission's rules,l so that TerreStar and other interested parties may communicate directly with Commission staff, subject to the disclosure rules for permit-bu t-disclose proceedings. - 47 C.F.R. 5 1.1200(a).

Attachment May 20,2008 The request of TerreStar Networks Inc. (TerreStar) to designate the proceeding pertaining to its application for authority for operation of Ancillary Terrestrial Component facilities in portions of the 2 GHz Mobile Satellite Service bands as “permit-but-disclose” for purposes of the Commission’s rules governing ex parte communications IS GRANTED. Request to Modi+ Ex Parte Status to Permit-But-Disclose, filed by TerreStar Networks Inc. on May 15, 2008. TerreStar certified in the Request that the other parties to the proceeding were aware of the Request and had no objection to it. We find that designating this application proceeding as “permit-but-disclose” will facilitate resolution of the complex policy issues raised by the application. We therefore designate the above-captioned proceeding as “permit-but-disclose,” effective May 20, 2008. See 47 C.F.R. $5 1.1200(a), 1.1206 and 1.1208 note 2. This action is without prejudice to any determination regarding the processing of the application.

-2- At present, this proceeding is classified as ”restricted” under the Commission’s ex parte rules.2 Under the Commission’s rules, however, ”the Commission and its staff retain the discretion to modlfy the applicable ex parte rules” in cases in which “the public interest so requires.”3 There is ample precedent for reclasslfying satellite application proceedings as permit-but-disclose.4 Grant of the instant request would harmonize the ex parte status of this proceeding with the ex parte status of these other satellite application proceedings and would facilitate discussions with Commission staff concerning the merits of TerreStar’s ATC requests. For the foregoing reasons, the International Bureau should m o d e the ex parte status of the above-captioned proceeding to permit-but-disclose. The other parties to this proceeding - New IC0 Satellite Services G.P., Association for Maximum Service Television, Inc./ National Association of Broadcasters, 2 The proceedings identified as exempt and permit-but-disclose in the Commission’s ex parte rules do not encompass applications for ATC authority. Such modification applications, therefore, are considered restricted proceedings. See 47 C.F.R. § 1.1208. 3 47 C.F.R. 9 1.1200(a). 4 See, e.g., In the Matter ofNew I C 0 Satellite Services G.P., Motion to Designate Proceeding as ”Permit-but-Disclose, ” File No. SAT-MOD-20061109-00137, Grant Stamp of Motion to Designate Proceeding as ”Permit-But-Disclose”(Nov. 16, 2006); Public Notice, “Satellite Communications Services,” Rep. No. SES-00590, March 25,2004 (modifying ex parte status of DIRECTV Enterprises LLC blanket earth station application); Public Notice, Rep. No. SAT-00125 (Oct. 30,2002) (modifying ex parte status for IC0 and Lockheed Martin satellite application proceedings); Public Notice, “International Bureau Satellite Policy Branch Information: Echo Star Satellite Company Application for Authority to Make Minor Modifications to Direct Broadcast Satellite Authorization, Launch and Operational Authority,” Rep. No. SPB-159, DA 00-1630 (July 21,2000).

-3- Inmarsat Global Limited, and Sprint Nextel Corporation - have authorized the undersigned to state that they have no objection to modifying the ex parte status of this proceeding as requested herein. Respectfully submitted, TERRESTAR NETWORKS INC. By: /s/Douglas I. Brandon Douglas I. Brandon Vice President for Regulatory Affairs TerreStar Networks Inc. 12010 Sunset Hills Road Reston, VA 20191 (703) 483-7800 OF COUNSEL: Joseph A. Godles GOLDBERG, GODLES, WIENER &WRIGHT 1229 Nineteenth Street, N.W. Washington, DC 20036 (202) 429-4900 Counselfor TerreStar Networks, Inc. May 15,2008

CERTIFICATE OF SERVICE I hereby certify that on t h s 15th day of May, 2008, a true and correct copy of the foregoing REQUEST TO MODIFY EX PARTE STATUS TO PERMIT-BUT- DISCLOSE was sent via electronic delivery to each of the following: David L. Donovan Bruce Franca Association for Maximum Service Television, Inc. 4100 Wisconsin Ave., NW Washington, DC 20016 Marsha J. McBride Lawrence A. Walke National Association of Broadcasters 1771 N Street, NW Washington, DC 20036 Jonathan D. Blake Brandon D. Almond Covington & Burling LLP 1201 Pennsylvania Ave., NW Washington, DC 20004-2401 Lawrence R. Krevor Vice President, Government Affairs - Spectrum Trey Hanbury Director, Government Affairs Sprint Nextel Corporation 2001 Edmund Halley Drive Reston, VA 20191 Regina M. Keeney Charles W. Logan Stephen J. Berman Lawler, Metzger, Milkman & Keeney, LLC 2001 K Street NW, Suite 802 Washington, DC 20006


Document Created: 2008-05-21 12:46:14
Document Modified: 2008-05-21 12:46:14
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