Row 44 - 06-26-2009

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by Row 44 Inc.

Row 44 - 06-26-2009 Ex Parte Notice

2009-06-26

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

IBFS_SESAMD2009011500041_719944

L          | LERMAN
    C      |SENTER
           ( PLLC



 WASHINGTON, DC




                                              June 26, 2009




FILED ELECTRONICALLY

Ms. Marlene H. Dortch
Secretary
Federal Communications Commission
445 12"" Street, S.W.
Washington, D.C. 20554


               Re:      Ex Parte Notice —— Applications of Row 44, Inc. (Call Sign E0O80100);
                        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

Dear Ms. Dortch:

        This letter is submitted on behalf of Row 44, Inc. ("Row 44"), pursuant to Section 1.1206
of the Commission‘s Rules, to report an ex parte telephone conversation yesterday, June 25, 2009,
between the undersigned counsel and Karl Kensinger, Associate Chief, Satellite Division. During
this conversation, I observed that law enforcement agencies have sought in several arenas, e.g., in
the pending aeronautical—mobile satellite service rulemaking proceeding (IB Docket No. 05—20),
to require certain capabilities of in—flight broadband service providers that are not currently
mandated by the Communications Assistance for Law Enforcement Act ("CALEA") or any other
law or regulation. These are issues of policy that remain unresolved. Accordingly, the degree to
which a broadband satellite services applicant can support these non—CALEA capabilities lies
outside the scope of the informal Team Telecom review process. I further noted that specific
CALEA provisions affirmatively prohibit law enforcement agencies from impeding the delivery
of new communications service. See 47 U.S.C. §§1002(b)(1)(B) & 1006(a)(3)(A).

        Finally, I reiterated Row 44‘s view that a timely decision concerning its pending
application is essential to allow beneficial development of intermodal competition in the rapidly—
developing in—flight broadband marketplace.



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


L             Ms. Marlene Dortch
  S           June 26, 2009
              Page 2


        Should there be any questions regarding this matter, please contact the undersigned
counsel.

                                                       spectfully submitted,




                                                       Counsel to Row 44, Inc.



 cc:   Karl Kensinger
       John Janka & Jarrett Taubman, Counsel to ViaSat, Inc



Document Created: 2019-04-22 16:44:03
Document Modified: 2019-04-22 16:44:03

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