FiberTower Letter.pd

LETTER submitted by FiberTower Corporation

Letter

2013-01-22

This document pretains to SES-MOD-20121212-01095 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2012121201095_982047

FiberTower Corp. 1730 Rhode Island Avenue, NW Suite 304 Washington DC 20036 Direct: 202.223.1028 Main: 202.223.9690 Fax: 202.223.9692 January 22, 2013 Ms. Marlene H. Dortch, Secretary Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Re: FiberTower Corporation Request for Extension of Time or, in the alternative, Limited Waiver of Substantial Service Requirement, File No. 0005207557 et al., DA 12-1785 DIRECTV Enterprises, LLC, FCC Application for Earth Station Modification, File No. SES-MOD-20121212-01095 Dear Ms. Dortch, On January 19, 2013, FiberTower Corporation withdrew its Emergency Motion for Stay1 with respect to the Wireless Telecommunications Bureau’s November 7, 2012 Order regarding FiberTower’s 24 GHz and 39 GHz licenses, DA 12-1785. FiberTower did so after closely examining (and briefing) the subsequent collateral attack on its spectrum rights2 and after concluding that the Bankruptcy Court process is the most appropriate means of preserving the value of its estate, pending FiberTower’s exhausting its rights of appeal with respect to the November 2012 Bureau decision. FiberTower does however remain a party in the above captioned “major modification” application proceeding in which DIRECTV seeks to add authority to operate on frequencies licensed to FiberTower, which licenses are subject to federal bankruptcy court and pending FCC proceedings. By virtue of that filing, that proceeding remains restricted under the Commission’s ex parte rules. 1 FiberTower Corporation Emergency Motion to Stay, FiberTower Corporation Request for Extension of Time or, in the alternative, Limited Waiver of Substantial Service Requirement, File No. 0005207557 et al. (filed Dec. 5, 2012). 2 See FiberTower Corporation Motion to Strike DIRECTV’s Opposition to Stay, FiberTower Corporation Request for Extension of Time or, in the alternative, Limited Waiver of Substantial Service Requirement, File No. 0005207557 et al. (filed Jan. 14, 2013). 1

Respectfully submitted, /s/ Joseph M. Sandri, Jr. FiberTower Corporation 2

CERTIFICATE OF SERVICE I, Joseph M. Sandri, Jr., certify that on January 22, 2013, the foregoing letter was served via first class U.S. Mail on the following: William M. Wiltshire Michael Nilsson Wiltshire & Grannis LLP 1200 18th Street NW 12th Floor Washington, DC 20036 Sean Lev, General Counsel Federal Communications Commission 445 12th Street SW Washington, DC 20554 Mindel De La Torre, Chief, International Bureau Federal Communications Commission 445 12th Street SW Washington, DC 20554 Ruth Milkman, Chief, Wireless Telecommunications Bureau Federal Communications Commission 445 12th Street SW Washington, DC 20554 Lloyd H. Randolph U.S. Department of Justice P.O. Box 875 Ben Franklin Station Washington, DC 20044 Howard A. Borg U.S. Department of Justice 801 Cherry Street Suite 1700, Unit 4 Fort Worth, TX 76102 /s/ Joseph M. Sandri, Jr. 3


Document Created: 2013-01-22 10:09:19
Document Modified: 2013-01-22 10:09:19
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