Attachment Motion

Motion

MOTION TO ACCEPT LATE FILED COMMENTS submitted by SkyWave Mobile Communications, Corp.

Motion

2006-02-28

This document pretains to SES-MFS-20051207-01709 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2005120701709_485473

RECEIVED Before the FEB 2 8 2006 FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 Fedwal Conmunizatens Conmisson Ofieot Secntay In the Matter of SkyWave Mobile Communications, Corp File No. SES—MFS—20051207—01709 Application for Blanket License to (Call Sign 2030055) Operate Mobile Earth Terminals with Inmarsat4F2 at 52.75° W RECEIVED To: International Bureau MAR 0 2 2006 Setelte Dvison IntomationalBurcau MOTION TACCEPT LATE—FILED REPLY SkyWave Mobile Communications, Corp. ("SkyWave") 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 (‘SkyWave Modification Application") The deadline for SkyWave to file its Replyto 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, SkyWave is filing the Reply today, February 28, 2006, along with this Motion. SkyWave recognizes that late—filed pleadings are not routinely accepted by the Commission without good eause. SkyWave 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 ofthe Reply was in fact ‘ See In the Matter ofLockheed Martin Corporation et a., 18 FCC Red. 16605, 166 1 (2003) (dismissing a late—filed reply where it appeared a party intentionally filed ts reply late, intentionally did not seek leave to file a ate—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 delayin filing this Reply has not hindered or affected MSV‘s ability t file a pleading in this matter. In contrast, rejecting the Reply would result in an incomplete record in this matter." SkyWave respectfully requests that itslate—filed Reply be accepted by the Bureau Acceptance of the Reply will not unduly prejuice MSV and will ensure a complete record in this matter. Respectfully submitted, SkyWave Mnbllf@mmnflfianons, Corp. AlfredM. Mamlet Mare A. Poul Brendan Kasper Steptoe & Johnson LLP 1330 Connectiout Avente, NW Washington, DC 20036 (202) 429—3000 Counselfor StyWave Mobile Communications, Corp February 28, 2006 * Late—filed pleadings have been accepted for purpose of ereating a complete record in a proceeding. See, eg. In the Matter ofLoral Satellite, Inc. and Loral Spacecom Corporation et al, 19 FCC Red. 2404, 2411 (2004) (accepting a lte—filed petition filed with the Intemational Bureau in order to create a "fhll and complete factual record"); see also /n the Matter of Application of Verizon Hawati, Inc. et al. 19 FCC Red. 24110, 24111 (2004) (finding thatthe Wireless Bureau has "discretion to accept late—filed pleadings to develop a complete record"). #

CERTIFICATE OF SERVICE 1, Mare A. Paul, an attomey with the lawfirm of Steptoe & Johnson LLP, hereby certify that on this 28th day of February, 2006, served a true copy of the foregoing Motion by firstclass 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 12" Street,SW. 445 12"Street, S.W. Washington, DC 20554 Washington, DC 20554 Cassandra Thomas® Scott Kotler® International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12" Street, S.W. 445 12" Street, S.W. Washington, DC 20554 Washington, DC 20554 Howard Gribof® Karl Kensinger* Interational Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12" Street, S.W. 445 12"Street, S.W. Washington, DC 20584 Washington, DC 20554 Fem Jarmulnek® John Martin® International Bureau Interational Bureau Federal Communications Commission Federal Communications Commission 445 12" Street, S.W. 445 12" Street, S.W. Washington, DC 20554 Washington, DC 20554 Stephen Duall® Jennifer A. Manner International Burcau Vice President, Regulatory Affairs Federal Communications Commission Mobile Satellite Ventures Subsidiary LLC 445 12" 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 12" Street, S.W. 2300 N Street, N.W. Washington, DC 20554 Washington, DC 20037—1128

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. Comell Vice President, Government Affairs Inmarsat,Inc 1100 Wilson Blvd, Suite 1425 Arlington, VA 222 9 7)—AJ (Zf * by Hand Delivery


Document Created: 2006-03-02 12:07:19
Document Modified: 2006-03-02 12:07:19
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