Attachment Reply

Reply

REPLY TO OPPOSITION submitted by Satamatics, Inc.

Reply to MSV Opposition to Satamatics Motin to Strike

2006-02-28

This document pretains to SES-MFS-20051202-01665 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2005120201665_599573

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of 1 Satamatics, Inc. ) File No. SES-MFS-2005 1202-01665 Application for Modification of Blanket ) (Call Sign E020074) License to Operate Mobile Earth Terminals With Inmarsat 4F2 at 52.75’ W.L. 1 To: International Bureau MOTION TO ACCEPT LATE-FILED REPLY Satamatics, Inc. (“Satamatics”) hereby files this Motion to Accept a Late-Filed Reply to the Opposition to Motion to Strike (“MSV Opposition”) filed by Mobile Satellite Ventures Subsidiary LLC (“MSV”) in the above-referenced application (“Satamatics Modification Application”). The deadline for Satamatics to file its Reply to the MSV Opposition was February 27,2006. While every effort was made to file the Reply with the Commission on February 27, 2006, the Reply was not filed on February 27,2006 due to an inadvertent miscommunication with the messenger service delivering the pleading to the Commission. Accordingly, Satamatics is filing the Reply today, February 28, 2006, along with this Motion. Satamatics recognizes that late-filed pleadings are not routinely accepted by the Commission without good cause. Satamatics respectfully submits that the delay in filing the Reply with the Commission was inadvertent, and not intended to somehow deceive the Bureau, or MSV.’ Further, there has not been undue prejudice to MSV -- a copy of the Reply was in fact ’ See In the Matter of Lockheed Martin Corporation et al., 18 FCC Rcd. 16605, 16611 (2003) (dismissing a late-filed reply where it appeared a party intentionally filed its reply late, intentionally did not seek leave to file a late-filed pleading and did not serve the reply on parties to the proceeding).

sent by first class mail postage prepaid on February 27, 2006 to MSV. Further, the Commission's Rules do not contemplate an additional pleading by MSV in response to this Reply. As a result, the one day delay in filing this Reply has not hindered or affected MSV's ability to file a pleading in this matter. In contrast, rejecting the Reply would result in an incomplete record in this matter. 2 Satamatics respectfully requests that its late-filed Reply be accepted by the Bureau. Acceptance of the Reply will not unduly prejudice MSV and will ensure a complete record in this matter. Respectfully submitted, Alfred M. Mamlet Marc A. Paul Brendan Kasper Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, DC 20036 (202) 429-3000 Counsel for Satarnatics, Inc. February 28,2006 Late-filed pleadings have been accepted for purpose of creating a complete record in a proceeding. See, e.g., In the Matter of LoraI Satellite, Inc. and Loral Spacecom Corporation et al., 19 FCC Rcd. 2404,24 1 1 (2004) (accepting a late-filed petition filed with the International Bureau in order to create a "full and complete factual record"); see also In the Matter of Application of Verizon Hawaii, Inc. et ai., 19 FCC Rcd. 241 10, 241 1 1 (2004) (finding that the Wireless Bureau has "discretion to accept late-filed pleadings to develop a complete record"). 2

CERTIFICATE OF SERVICE I, Marc A. Paul, an attorney with the law firm of Steptoe & Johnson LLP, hereby certify that on this 28th day of February, 2006, served a true copy of the foregoing Motion by first class mail, postage pre-paid (or as otherwise indicated) upon the following: Robert Nelson* Andrea Kelly* International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 1 2 ' ~ Street, S.W. 445 1 2 ' ~ Street, S.W. Washington, DC 20554 Washington, DC 20554 Cassandra Thomas* Scott Kotler* International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 1 2 ' ~Street, S.W. 445 1 2 ' ~Street, S.W. Washington, DC 20554 Washington, DC 20554 Howard Gribofr" Karl Kensinger* International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 1 2 ' ~Street, S.W. 445 1 2 ' ~Street, S.W. Washington, DC 20554 Washington, DC 20554 Fern Jarmulnek* John Martin* International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 lYh Street, S.W. 445 1 2 ' ~Street, S.W. Washington, DC 20554 Washington, DC 20554 Stephen Duall* Jennifer A. Manner International Bureau Vice President, Regulatory Affairs Federal Communications Commission Mobile Satellite Ventures Subsidiary LLC 445 1 2 ' ~Street, S.W. 1002 Park Ridge Boulevard Washington, DC 20554 Reston, Virginia 20191 James Ball* Bruce D. Jacobs International Bureau David S. Konczal Federal Communications Commission Pillsbury Winthrop Shaw Pittman LLP 445 1 2 ' ~Street, S.W. 2300 N Street, N.W. Washington, DC 20554 Washington, DC 20037- 1 128

JoAnn Ekblad* John P. Janka International Bureau Jeffrey A. Marks Federal Communications Commission Latham & Watkins LLP 445 12* Street, S.W. 555 Eleventh Street, N. W., Suite 1000 Washington, DC 20554 Washington, D.C. 20004 Diane J. Cornel1 Vice President, Government Affairs Inmarsat, Inc. 1100 Wilson Blvd, Suite 1425 /11 -QJ,-p Arlington, VA 2220 * by Hand Delivery -2-


Document Created: 2007-10-19 13:38:55
Document Modified: 2007-10-19 13:38:55
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