Row 44 - 5-14-2009 E

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by Row 44 Inc.

Row 44 - 5-14-2009 Ex Parte Notice

2009-05-14

This document pretains to SES-AMD-20090115-00041 for Amended Filing on a Satellite Earth Station filing.

IBFS_SESAMD2009011500041_711831

Davip S. KEiR WASHINGTON, DC 202.416.6742 DKEIR@LERMANSENTER.COM May 14, 2009 FILED ELECTRONICALLY Marlene H. Dortch Secretary Federal Communications Commission 445 Twelfth Street, SW Washington, D.C. 20554 Re: Ex Parte Notice —— Applications of Row 44, Inc. (Call Sign £080100); File Nos. SES—LIC—20080508—00570, SES—AMD—20080619—00826, SES— AMD—20080819—01074, SES—AMD—20080829—01117, SES—AMD— 20090115—00041, and SES—AMD—20090416—00501; and SES— STA— 20080711—00928 & SES—STA—20090417—00507 Dear Ms. Dortch: This letter is submitted on behalf of Row 44, Inc. ("Row 44") to report the substance of a brief ex parte presentation that occurred yesterday during the course of a telephone conversation between Stephen Duall, Chief, Policy Branch, Satellite Division, and the undersigned counsel. Mr. Duall had initiated the call to inform Row 44 of the adoption of a Protective Order in the above—referenced proceedings. During the call, the undersigned counsel inquired about the status of Row 44‘s related pending request for extension of Special Temporary Authority ("STA"), FCC File No. SES— STA—20090417—00507. Counsel further noted that, in light of both Row 44‘s successful completion of in—flight testing in cooperation with adjacent satellite operators and the operators‘ subsequent submission of statements expressing their consent to future STA extensions, the Satellite Division should, in granting the requested STA extension, remove its prior condition deeming the STA operation "not one relating to an ‘activity of a continuing nature.‘" STA at 5 (4 8). While such a restriction may have been appropriate in advance of in—flight testing, there is no need for such a limitation now. Removing this condition will afford the FCC greater flexibility concerning the timing for action on any future STA extension requests, if such requests are necessary, and eliminate the potential for unnecessary future disruptions to Row 44‘s technical and market study trials. Accordingly, any future requests for extension of the 2000 K STREET NW, SUITE 600 | WASHINGTON. DC 20006—1809 TEL 202.429.8970 | rax 202.293.7783 | www.LERMANSENTER.COM

L .__Ms. Marlene Dortch ~~ May 14, 2009 S Page 2 of 2 Row 44 STA should be subject to the administrative treatment applicable to other renewal applications, under which the submission of a renewal request prior to expiration continues the effectiveness of the existing authority until the renewal request is acted upon. See 5 U.S.C. § 558(c) and 47 CF.R. § 1.62(a). Additionally, counsel urged expeditious action on the pending STA renewal/extension request before the end of the week. Should there be any questions concerning this matter, please contact the undersigned counsel. ce: John Giusti Kathryn Medley Rod Porter Frank Peace Bob Nelson William Bell Fern Jarmulnek Sophie Arrington Steve Spaeth Trang Nguyen Karl Kensinger Jeanette Spriggs Stephen Duall John Janka, Counsel to ViaSat, Inc. Jarrett Taubman, Counsel to ViaSat, Inc.


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Document Modified: 2019-04-14 19:12:53
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