Attachment Supplement

This document pretains to SES-LFS-20060522-00852 for License to use Foreign Satellite (earth) on a Satellite Earth Station filing.

IBFS_SESLFS2006052200852_524406

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) THRANE & THRANE AIRTIME LTD. ) File Nos. ITC‐214‐20060413‐00241 ) ITC‐AMD‐20060526‐00294 Section 214 and 310(d) Applications for ) SES‐LFS‐20060522‐00852 Blanket Authority to Operate Mobile ) and Earth Station Terminals in Conjunction ) ISP‐PDR‐20060522‐00007 with Inmarsat’s Broadband Global Area ) Network Service Satellites and Petition ) for Declaratory Ruling Under Section ) 310(b)(4) Related to Foreign Ownership ) in Excess of Twenty‐Five Percent ) PETITION TO ADOPT CONDITIONS TO AUTHORIZATIONS AND LICENSES The Department of Justice (“DOJ”), including the Federal Bureau of Investigation (“FBI”), and Department of Homeland Security (“DHS”), (collectively, the “Agencies”), submit this Petition to Adopt Conditions to Authorizations and Licenses (“Petition”), pursuant to Section 1.41 of the Federal Communications Commission’s (“Commission”) rules.1 Through this Petition, the Agencies advise the Commission that they have no objection to the Commission granting the above‐referenced applications, provided that the Commission conditions its grant on the agreement of Thrane & Thrane Airtime Ltd. and its direct and indirect owners (collectively, “T&T Airtime”) to abide by the commitments and undertakings set forth in the Network Security Agreement dated 1 47 C.F.R. § 1.41.

November 20, 2008 (“Agreement”), a copy of which is attached hereto as Exhibit A. A proposed condition is attached as Exhibit A to the Agreement. In the above‐captioned matter, T&T Airtime seeks Commission approval of applications for authorizations under Sections 214 and 310(d) of the Communications Act of 1934, as amended (“Act”). Because T&T Airtime has foreign ownership in excess of twenty‐five percent, T&T Airtime also requests a declaratory ruling from the Commission under Section 310(b)(4) of the Act2 that grant of its applications is consistent with the public interest. As the Commission is aware, the Agencies have taken the position that their ability to satisfy their obligations to protect the national security, enforce the laws, and preserve the safety of the public could be impaired to the extent that foreign entities own or operate a part of the U.S. telecommunications system, or foreign‐located facilities are used to provide domestic telecommunications services to U.S. customers. The Commission has long recognized that national security, law enforcement, and public safety issues and concerns are part of its public interest analysis in matters such as this,3 and has accorded deference to the views of other U.S. government agencies 2 47 U.S.C. § 310(b)(4). 3 See Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891, 23919‐21 ¶¶ 61‐66 (1997) (“Foreign Participation Order”); see also Amendment of the Commissionʹs Regulatory Policies to Allow Non‐U.S. Licensed Space Stations to Provide Domestic and International Satellite Service in the United States, Report and Order, 12 FCC Rcd 24094, 24100 ¶ 15 2

with expertise in those areas.4 After discussions with representatives of T&T Airtime in connection with the above‐referenced applications, the Agencies have concluded that the commitments set forth in the Agreement will help to ensure that the Agencies and other entities with responsibility for enforcing the law, protecting the national security, and preserving public safety can proceed appropriately to satisfy those responsibilities. Accordingly, the Agencies hereby advise the Commission that they have no objection to the Commission granting the above‐referenced applications for authorization provided that the Commission conditions its grant of such authorizations on compliance by T&T Airtime with the commitments set forth in the Agreement. The Agencies are authorized to state that the applicants do not object to the grant of this Petition. Respectfully submitted, /s/ Richard C. Sofield /s/ Stewart A. Baker _ Richard C. Sofield Stewart A. Baker Director Assistant Secretary for Policy Foreign Investment Review Staff U.S. Department of Homeland Security National Security Division 3801 Nebraska Avenue, N.W. United States Department of Justice Washington, DC 20528 950 Pennsylvania Avenue, N.W. Washington, DC 20530 December, 2008 (1997) (ʺDISCO IIʺ). 4 See Foreign Participation Order at 23919‐20 ¶ 62‐63; see also DISCO II at 24179‐80 ¶¶ 179‐80. 3

EXHIBIT A

AGREEMENT This AGREEMENT ("Agreement") is made as of the Effective Date by and between Thrane & Thrane Airtime Ltd., a colporation organized under the laws of State of Delaware, and all of its Affiliates and subsidiaries ("T&T Airtime"), on the one hand, and the U S . Department of Justice ("DOT') and the U.S. Department of Homeland Security ("DHS"), on the other hand @OJ 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. govemment 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 . govemment 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 Infrastmcture Protection, and Presidential Homeland Security Directive I HSPD-7, Critical Infrastructure Identification, Prioritization, and Protection); WHEREAS, protection of Classified and Sensitive Information is also critical to U.S. national security; WHEREAS, T&T Airtime is a corporation organized under the laws of the State of Delaware that is an indirect wholly-owned subsidiary of Thrane & Thrane AIS, a company organized under the laws of Denmark; WHEREAS, T&T Airtime has filed an application with the FCC seeking authority to offer (a) global facilities-based international telecommunications service, including Inmarsat Broadband Global Area Network ("BGAN) Service using the Inmarsat fourth generation satellite licensed by the United Kingdom and located at the 52.75 W.L. orbital location ("Inmarsat 4F2") and (b) global resold international telecommunications service with respect to other existing Inmarsat services, including mini-M, M4, B and C services also using the fourth generation Inmarsat satellites (See File Nos. ITC-214-20060413-00241; ITC-AMD-20060526-00294 310(b)(4), ISP-PDR-20060522-00007), SES-LFS-20060522-00852. WHEREAS, T&T Airtime has been granted special temporary authority by the Federal Communciations Commission ("FCC" or "Commission") to engage in the distribution of BGAN Service and existing Inmarsat services over Inmarsat fourth generation satellites, and is seeking a permanent authorization from the FCC to distribute and provide such services;


Document Created: 2006-08-28 14:46:09
Document Modified: 2006-08-28 14:46:09
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