Withdrawal Letter to

WITHDRAWAL submitted by THRANE & THRANE AIRTIME LTD.

Withdrawal of Applications

2009-10-13

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

IBFS_SESLFS2006052200852_748324

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


Document Created: 2009-10-13 13:03:54
Document Modified: 2009-10-13 13:03:54
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