Attachment Motion to Strike

This document pretains to SES-LFS-20050930-01352 for License to use Foreign Satellite (earth) on a Satellite Earth Station filing.

IBFS_SESLFS2005093001352_472114

-'VN‘S‘HO RECEIVED — FCC Before the pec — reperar communications comussion ""C ~‘ "© Washington, DC 20554 Fade Cone Boom In the Matter of ) ) TELENOR SATELLITE, INC. ) File No. SES—LFS—20050930—01352 ) File No. SES—AMD—20051111—01564 Appliation for Title IIf Blanket License ) to Operate Mobile Barth Terminals with ) Tnmarsat 4F2 at 52.75°W ) ) TELENOR SATELLITE, INC. ) File No. ITC—214—20051005—00395 ) Application for Section 214 Authorization ) to Provide BGAN Mobile Satelite Service ) via Inmarsat 4B2 at 52.75°W ) To: International Bureau morron To stRik® Telenor Satellite, nc. (‘Telenor") urges the Bureau to strike the Petition to Hold in Abeyance or to Grant with Conditions (*Petition") filed by Mobile Satelite Ventures Subsidiary LLC ("MSV") on November 23, 2005 against the above—captioned Applications (collectively, the "Telenor Applications"). The Bureau should strike those portions ofthe MSV Petition that rely on redacted material which MSV refuses to provide to Telenor even under a protective order. Since Telenor is unsble o respond effectively to the MSV Petition, any reliance by the Bureau on the redacted material in that Petition would violate Telenor‘s due process rights and the Administrative Procedure Act." On September 30, 2005, Telenorfiled an application for a blanket icense to operate 20,000 mobile carth terminals (°METs") with Inmarsat‘s Broadband Global Area Network ‘ Concarrenty withthis Motion o Strike, Telenois fling an Opposion to the MSV Pettion based on the non— redacted portins oftbat fing. See Telenor Oppositon (Dec.3, 2005), By fling that oppositon, Teler in o vay concedes thait has been affordd an adequte opportnity o respond efecivly to the MSV Pettion.

("BGAN‘). Subsequently, on October 5, 2008, Telenor filed an application for Section 214 authorityto offer the BGAN service. Telenor seeks authority to access the new Inmarsat 4F2 satelite, which was leunched on November 8, 2005, and has been licensed by the United Kingdom to operate at 52.75° W.L.. ‘The BGAN service willallow U.S. consumers to obtain erhanced Mobile Satelite Services ("MSS") at much higher data transmission speeds than current MSS offerings. On November 23, 2005, MSV filed ts Petition against the Telenor Applications. Significant portions of that Petition are redacted from the public copy ofthe fling, including portions ofthe Background section and Discussion sections I and 11. MSV has sought confidentia treatment ofthis material becauseit allegedly relates o the MexicoCity Memorandum ofUnderstanding for L—band operations. While Telenor has requested an unredacted copy of the Petiton from MSV and has offered to enter it a protective order, MSV has refused to provide Telenor with such an unredacted copy.* The MSV Petition has substantialredactions that go to the heart of ts arguments against the Telenor Applications. Telenor simply cannot respond effectively to these arguments without knowing what specific assertions MSV is making. ‘The Commission has held that the APA and the Due Process Clause ofthe Constitution "generally entitled partics in administrative proceedings to have access to the documents necessary for effective participation in those proceedings."" This general principle clearly appliesin the context ofTitleII authorizations and "Title HI license applications. * See attached Declantion ofKeit H. Fagan i he Mater ofOpen Netvork drchitecture Tarifs ofBellOperating Conpanie, 10 ECC Red 1619, 1621 (1995).

The Bureau should alsostrike the portions ofthe MSV Petition that are based on redacted material not provided to Telenor because the Bureau cannot rely on such information as a basis for its decision on these applications.* At a minimum, the Bureau should not base its decision on any redacted material presented by MSV and withheld from Telenor. Such an approach would be consistent with that taken by the Commission in 2001 when it granted Inmarsat access to the U.S. market. In that proceeding, MSV similarly opposed certain MSS applications, but did not provide the applicants with unredacted copies ofts filings because they contained information concerning the Mexico City Memorandum of Understanding. The Commission appropriately did not rely on any ofthat material as a basis for its decision in that proceeding." Forthe foregoing reasons, Telenor respectfully requests that the Bureau strike those portions ofthe MSV Petiton thatinclude redacted material not provided to Telenor. Altematively, the Bureau should not rely on that materialin reaching its decision on the instant applications. Respectfully submitted, TELENOR SATELLITE, I BY£,‘~_:—3‘;:_"‘ Keith H. Fagan 1001 Wootton Parkway Rockville, MD 20852 (so1) 38—7860 Its Attomey December 7, 2008 *See eg, U.5 Lines, ic v. Foderal Mariime Comm. 584 F2¢ 519 (D.C. Cir. 1978) * See Comsat Corp. etal, Memorandim Opinton, Ordeand Authoriation, PCC 1—272, 106—107 2001)

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) ) TELENOR SATELLITE, INC. ) File No. SES—LFS—20050930—01352 ) File No. SES—AMD—20051111—01564 Application for TitleIII Blanket License ) to Operate Mobile Barth Terminals with ) Inmarsat 4F2 at 52.75°W ) ) TELENOR SATELLITE, INC. ) File No. TTC—214—20051008—003985 ) Application for Section 214 Authorization ) to Provide BGAN Mobile Satelite Service ) via Inmarsat 4B2 at 52.75°W ) DECLARATION OF KETH H. FAGAN 1, Keith H. Ragan, hercby declare as follows: 1. T am Senior Counsel for Telenor Satelite, Inc.("Telenor®) 2. On November 28, 2008, I sent an e—mail to David Konezal,an attomey representing Mobile Satellte Ventures Subsidiary LLC (‘MSV"). In that e—mail, asked Mr. Konezal whether MSV would provide Telenor with an unredacted copy ofthe MSV Petition to Hold in Abeyance or to Grant with Conditions (‘Petition") that was fled againstte above—captioned applications on November 23, 2005. 1 further stated that Telenor would be willing to enter into a protective order or confidentiality agreement in order to obtain such an unredacted copy. 3. Later that day, I received an e—mail response from Mr. Konczal, He stated that because Telenor is not a party to the Mexico City Memorandum of Understanding (*MOU®), MSV was not atliberty to provide Telenor with an unredacted copy of is Petition. Mr. Konezal suggested that Telenor contact the FCC to determine whether it could access that information, and noted that Inmarsat had been provided with an unredacted copy of the Petition because it was a party to the MOU. 1, Keith H. Fagan, declare under penalty ofperjury underthe laws of the United States that the foregoing is trie and correct to the best ofmy knowledge, information, and beliet Executed on December 7, 2005. W e Kelf H. Fagan

CERTIFICATE OF SERVICE 1, Keith H. Fagan, hereby certify that on this 7" day of December, 2005, I served a copy of the foregoing "Motion to Strike" by first class mail, postage prepaid, upon the following: Bruce D. lacobs Jennifer A. Menner David S. Konezal VicePresident, Govemment Affairs Pillsbury Winthrop Shaw Pittman LLP Mobile Satellte Ventures Subsidiary LLC 2300 N Street, N.W. 1002 Park Ridge Boulevard Washington, D.C. 20037 Reston, VA 20191 John P. Janka Diane J. Comell Jeffiey A. Marks Vice President, Govenment Affairs Lathom & Watkins LLP Inmarsat, Inc. 555 Eleventh Street, N.W. 1100 Wilson Boulevard Suite 1000 Suite 1425 Washington, D.C. 2004 Arlington, VA 22209 K mfi Fagan


Document Created: 2005-12-14 11:51:10
Document Modified: 2005-12-14 11:51:10
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