Attachment Response to Q. 39

This document pretains to SES-LIC-20120106-00023 for License on a Satellite Earth Station filing.

IBFS_SESLIC2012010600023_933500

                                                                                   FCC Form 312
                                                                                      Page 1 of 1


                                RESPONSE TO QUESTION 39

        The applicant is not currently a party to any pending court matter in which it has been
accused of a felony or in which it faces the possibility of being finally adjudged guilty of
monopolization or attempted monopolization of radio communication. Applicant notes,
however, that AT&T Mobility, an affiliate of the applicant, is a defendant in one case in which a
civil plaintiff has asserted antitrust monopolization and attempted monopolization claims related
to radio communication.

        In re Apple & AT&TM Antitrust Litigation is pending in the U.S. District Court for the
Northern District of California. Plaintiffs, seeking to represent a nationwide class of all iPhone
purchasers, allege that the exclusive relationship between AT&T Mobility and Apple regarding
the sale of the iPhone and associated wireless service violates Section 2 of the antitrust laws.
Plaintiffs’ allegations against both Apple and AT&T Mobility include unlawful
monopolization and attempted monopolization of, and unlawful conspiracy to monopolize, the
so-called “iPhone Voice and Data Services Aftermarket.” AT&T Mobility’s position is that the
claims are meritless.



Document Created: 2012-01-06 15:44:23
Document Modified: 2012-01-06 15:44:23

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