Arqiva Letter.pdf

LETTER submitted by Arqiva, Inc.

Arqiva Letter

2010-11-03

This document pretains to SES-RWL-20101007-01268 for Renewal on a Satellite Earth Station filing.

IBFS_SESRWL2010100701268_850451

Global Services Office 555 W. 5th Street, Suite 800 Los Angeles, California 90013-1010 Tel: +1.213.891.1200 Fax: +1.213.891.7123 www.lw.com FIRM / AFFILIATE OFFICES Abu Dhabi Moscow Barcelona Munich Beijing New Jersey Brussels New York November 3, 2010 Chicago Orange County Doha Paris Dubai Riyadh VIA ELECTRONIC DELIVERY Frankfurt Rome Hamburg San Diego Marlene H. Dortch Hong Kong San Francisco Houston Shanghai Secretary London Silicon Valley Federal Communications Commission Los Angeles Singapore 445 12th Street, SW Madrid Tokyo Washington, DC 20554 Milan Washington, D.C. Re: Arqiva, Inc., IBFS File Nos. SES-RWL-20101007-01268 (E000590); SES- RWL-20101007-01269 (E000622); SES-RWL-20101007-01270 (E000623) Dear Ms. Dortch: On behalf of Arqiva, Inc. (“Arqiva”), we are writing to ensure that the Commission is aware of certain issues with respect to the above-referenced applications, which were filed on October 7, 2010 to renew Arqiva’s existing licenses for earth stations E000590, E000622, and E000623. At the time of filing, the International Bureau Filing System (“IBFS”) reported that Arqiva had outstanding obligations to the Commission, and informed Arqiva that its applications would be dismissed if those obligations remained unpaid after 30 days. In actually, these “obligations” consisted of $51,092.50 in regulatory fees erroneously charged to Arqiva. Nevertheless, in order to facilitate the processing of its renewal applications Arqiva remitted a check for $51,092.50 to the Commission, subject to the Commission’s “pay-and-dispute” rules. On October 13, 2010 Arqiva received confirmation that this check had been negotiated by U.S. Bank, and on October 27, 2010, Arqiva received confirmation that payment of $51,092.50 had been cleared through its bank. Accordingly, the International Bureau should now have a “green light” to process Arqiva’s renewal applications. However, IBFS continues to report these applications as “blocked,” and the Red Light Display System continues to report Arqiva as having outstanding obligations to the Commission. Arqiva understands that these errors have arisen as a result of the Commission’s efforts to implement new financial systems, and an associated “blackout” of certain of these systems that was scheduled to last for the first few weeks of October but actually has lasted considerably longer. See DA 10-1664 (Sep. 14, 2010). Arqiva’s numerous attempts to correct the Commission’s electronic records have been unsuccessful; Commission staff has reported that such corrections are not possible while the “blackout” remains in effect. That being the case, Arqiva is filing this letter to document its payment of all outstanding “obligations,” and to urge the Commission to refrain from any precipitous action with respect to Arqiva’s renewal applications that might otherwise result from the errors in the Commission’s electronic records discussed herein.

Marlene H. Dortch November 3, 2010 Page 2 Please contact the undersigned should you have any questions. Respectfully submitted, /s/ Karen Brinkmann Karen Brinkmann Jarrett S. Taubman Counsel for Arqiva, Inc.


Document Created: 2010-11-03 15:53:58
Document Modified: 2010-11-03 15:53:58
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