Attachment Protective Order

Protective Order

ORDER submitted by Inmarsat Ventures Limited

Protective

2007-02-16

This document pretains to SES-STA-20051216-01758 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2005121601758_550587

Federal Communications Commission DA 07—737 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) —IBFS Files Nos. ) Telenor Satellite, Inc. ) —SES—STA—20051216—01756 to 01759; ) SES—STA—20060118—00055 to 00058; ) —SES—STA—20060119—00064; ITC— ) STA—20060120—00031 ) Stratos Communications, Inc. ) —SES—STA—20051216—01760 to 01764; ) ITC—STA—20060120—00031 ) Satamatics, Inc. ) SES—STA—20051223—01790; ITC— ) —STA—20060121—00027 ) SkyWave Mobile Communications, Corp. ) SES—STA—20051222—01788 ) SkyWave Mobile Communications, Inc. ) —ITC—STA—20060121—00028 ) Request for Confidential Treatment ) PROTECTIVE ORDER Adopted: February 16, 2007 Released: February 16, 2007 By the Chief, International Bureau: 1. On February 17, 2006, Inmarsat Ventures Limited ("Inmarsat") filed with the Commission a Report in response to a reporting condition attached to the above captioned authorizations. In the cover letter transmitting the Report, Inmarsat requested confidential treatment for the Report.‘ 2. On April 21, 2006, Mobile Satellite Ventures Subsidiary LLC ("MSV*") filed, pursuant to the Freedom of Information Act ("FOIA")," a request to inspect the Report." On May 17, 2006, Inmarsat filed an Opposition to the FOIA Request, and both parties subsequently _ Letter to Marlene H. Dortch, Secretary, FCC, from John Janka, Counsel to Inmarsat Ventures Limited, at 2 (February 17, 2006). * 5U.S.C. § 522 et seg. *‘ See FOIA Request (filed on April 21, 2006). MSV has agreed to withdraw its FOIA Request upon release of this Order.

Federal Communications Commission DA 07—737 filed further pleadings.* Additionally, on June 14, 2006, Inmarsat submitted a redacted version of the Report for the public file." 3. As a result of discussions between MSV and Inmarsat, Inmarsat has agreed to provide, pursuant to the attached Commission Protective Order, a copy of the Report to MSV (hereafter the "Confidential Submission"). We conclude that the voluntary agreement reached by the parties serves the public interest. Inmarsat‘s disclosure to MSV pursuant to the terms of the attached Protective Order will provide adequate protection to any confidential information, and allow MSV the opportunity to evaluate the information with regard to MSV‘s potential further participation in the Relevant Proceedings (defined in Appendix A). We require Inmarsat to provide the Confidential Submission to MSV, once MSV has executed and delivered the Acknowledgment of Confidentiality that is part of the Protective Order attached to this Order.° 4. Accordingly, IT IS ORDERED that Inmarsat SHALL provide to MSV, a copy of the Confidential Submission, under the terms of the Protective Order attached to this Order, once MSV has executed such Protective Order. 5. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Exception 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and authority delegated under Sections 0.51 and 0.261 of theComm1sswn s rules, 47 C.F.R. §§ 0.51, 0.261, and is effective upon its release. FEDERAL COMMUNICATIONS COMMISSION Helen Domenici Chief International Bureau * See Opposition to FOIA Request (filed on May 17, 2006); Reply to Opposition (filed on May 30, 2006); Supplemental Response (filed on June 28, 2006); Reply to Supplemental Response (filed on July 7, 2006). °* See Letter to Marlene Dortch, Secretary, FCC, from John Janka, Counsel to Inmarsat Ventures Ltd. (filed on June 14, 2006). © Inmarsat and MSV have jointly informed the Bureau staff in advance that Inmarsat would not object to the review of the Confidential Submission by certain Representatives and Outside Counsel of Record for MSV, and by an employee of such Counsel, even though MSV has indicated that the identified employee of such Counsel is and will continue to be engaged in frequency coordination activities. See e—mail to Stephen Duall, Satellite Division, FCC, from Tony Lin, Counsel to Mobile Satellite Ventures Subsidiary LLC (dated January 10, 2007) {available in IBFS files of applications listed in caption of this Order).

Federal Communications Commission DA 07—737 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of IBFS Files Nos. Ns Nee N) Newt! Ne Nee Sut! Sm Nt Suust! Suve! Suunt Nusd! Suust! Nus! Neud! Nuad! Nmd Telenor Satellite, Inc. SES—STA—20051216—01756 to 01759; SES—STA—20060118—00055 to 00058; SES—STA—20060119—00064; ITC— STA—20060120—00031 Stratos Communications, Inc. SES—STA—20051216—01760 to 01764; ITC—STA—20060120—00031 Satamatics, Inc. SES—STA—20051223—01790; ITC— STA—20060121—00027 SkyWave Mobile Communications, Corp. SES—STA—20051222—01788 SkyWave Mobile Communications, Inc. ITC—STA—20060121—00028 Request for Confidential Treatment APPENDIX A: PROTECTIVE ORDER 1. Introduction. On February 17, 2006, Inmarsat Ventures Limited ("Inmarsat") filed with the Commission a Report in response to a reporting condition attached to the above captioned authorizations. On April 21, 2006, Mobile Satellite Ventures Subsidiary LLC ("MSV") filed, pursuant to the Freedom of Information Act ("FOIA"),‘ a request to inspect the Report." As a result of the voluntary agreement reached by MSV and Inmarsat, Inmarsat has agreed to provide, pursuant to a protective order, an unredacted copy of the Report to MSV (hereafter the "Confidential Submission"). Consequently, the International Bureau ("‘Bureau") has adopted this Protective Order to ensure that "Confidential Information," as defined herein, provided to MSV (hereafter referred to as a "Reviewing Party") is afforded adequate protection. The Protective Order reflects the manner in which Confidential Information is to be treated and is not intended to constitute a resolution of the merits concerning whether any Confidential Information would be released publicly by the Commission upon a proper request under FOIA or other applicable law or regulation, including 47 C.F.R. § 0.442. _ 5 U.S.C. § 522 et seq. * See FOIA Request (filed on April 21, 2006).

Federal Communications Commission DA 07—737 2. Definitions. As used herein, capitalized terms, not otherwise defined herein, shall have the following meanings: "Confidential Information" means any information contained in the Confidential Submission or derived therefrom that is not otherwise available from publicly available sources; "Counsel" means Outside Counsel of Record; "Outside Counsel of Record" means the firm(s) of attorneys, or sole practitioner(s), as the case may be, representing a Reviewing Party; "Relevant Proceedings" means those proceedings, including those captioned above, involving applications by various earth station operators seeking temporary and permanent access to Inmarsat 4F2. ‘"Representatives" means employees of the Reviewing Party, who are not involved in competitive decision—making (i.e., the employee‘s activities, association, and relationship with a Reviewing Party are not such as to involve such employee‘s advice concerning , or participation in, any or all of the Reviewing Party‘s business decisions made in light of similar or corresponding information about a competitor), but excludes in all cases the officers and directors of the Reviewing Party. 3. Use ofConfidential Information. Persons obtaining access to Confidential Information under this Protective Order shall use the information solely for preparation and conduct of Relevant Proceedings as delineated in this paragraph and paragraphs 5, 10, and 11, and any subsequent judicial proceeding arising directly from these proceedings and, except as provided herein, shall not use such documents or information for any other purpose, including without limitation business, governmental, or commercial purposes, or in other administrative, regulatory or judicial proceedings. 4. Non—disclosure of Confidential Information. Except with the prior written consent of Inmarsat, or as hereinafter provided under this Protective Order, no Confidential Information may be disclosed by a Reviewing Party to any person other than the Commission and its staff. 5. Permissible Disclosure. Subject to the requirements of paragraph 8, Confidential Information may be reviewed by Counsel and Representatives that are not, in either case, involved in frequency coordination activities." Subject to the requirements of paragraph 8, Counsel may disclose Confidential Information to the following > Inmarsat and MSV have jointly informed the Bureau staff in advance that Inmarsat would not object to the review of the Confidential Submission by certain Representatives and Outside Counsel of Record for MSV, and by an employee of such Counsel, even though MSV has indicated that the identified employee of such Counsel is and will continue to be engaged in frequency coordination activities. See e— mail to Stephen Duall, Satellite Division, FCC, from Tony Lin, Counsel to Mobile Satellite Ventures Subsidiary LLC (dated January 10, 2007) (available in IBFS files of applications listed in caption of this Order).

Federal Communications Commission DA 07—737 individuals, provided that they are not involved in the analysis underlying the business decisions or frequency coordination activities of any competitor of Inmarsat nor do they participate directly in those business decisions or frequency coordination activities: (1) outside consultants or experts retained for the purpose of assisting Counsel in these proceedings; (2) paralegals or other employees of such Counsel not described in clause 3 of this paragraph 5 assisting Counsel in this proceeding; (3) employees of such Counsel involved solely in one or more aspects of organizing, filing, coding, converting, storing, or retrieving documents or data or designing programs for handling data connected with these proceedings, or performing other clerical or ministerial functions with regard to documents connected with these proceedings; and (4) employees of third—party contractors performing one or more of the functions set forth in clause 3 of this paragraph 5. Individuals who have obtained access to Confidential Information in accordance with the provisions of this paragraph 5 and paragraph 8 may discuss and share the contents of the Confidential Information with any other person who has also obtained access in accordance with the provisions of this paragraph 5 and paragraph 8, and with Commission and its staff. 6. Protection ofConfidential Information. Persons described in paragraph 5 shall have the obligation to ensure that access to Confidential Information is strictly limited as prescribed in this Protective Order. Such persons shall further have the obligation to ensure that (1) Confidential Information is used only as provided in this Protective Order; and (2) the documents are not duplicated except as necessary for filing at the Commission under seal as provided in paragraph 10 below. 7. Prohibited Copying. If, in the judgment of Inmarsat, the documents contain information so sensitive that it should not be copied by anyone, the relevant pages of the documents shall bear the legend "Copying Prohibited," and no copies of such pages, in any form, shall be made. Application for relief from this restriction against copying may be made to the Commission, with notice to Inmarsat. 8. Procedures for Obtaining Access to Confidential Information. In all cases where access to Confidential Information is permitted pursuant to paragraph 5, before reviewing or having access to any Confidential Information, each person seeking such access shall execute the Acknowledgment of Confidentiality ("Acknowledgment") (see Appendix B) and file it with the Bureau, on behalf of the Commission, and serve it upon Inmarsat so that the Acknowledgment is received by Inmarsat at least five business days prior to such person‘s reviewing such Confidential Information. Where the person seeking access is one described in either clause 3 or 4 of paragraph 5, the Acknowledgment shall be delivered promptly prior to the person obtaining access. Inmarsat shall have an opportunity to object to the disclosure of the documents to any such persons. Any objection must be filed at the Commission and served on Counsel representing, retaining or employing such person within three business days after receiving a copy of that person‘s Acknowledgment (or where the person seeking access is one described in either clause 3 or 4 ofparagraph 5, such objection shall be filed and served as promptly as practicable after receipt of the relevant Acknowledgment). Until any such objection is resolved by the Commission and, if appropriate, any court of

Federal Communications Commission DA 07—737 competent jurisdiction prior to any disclosure, and unless such objection is resolved in favor of the person seeking access, persons subject to an objection from Inmarsat shall not have access to Confidential Information. Upon receipt of an Acknowledgment and upon there being no objection by Inmarsat to the person seeking access, Inmarsat shall deliver a copy of the documents to such person. 9. Requestsfor Additional Disclosure. If any person requests disclosure of Confidential Information outside of the terms of this Protective Order, requests will be treated in accordance with Sections 0.442 and 0.461 of the Commission‘s rules. 10. Filings with the Commission. Persons described in paragraph 5 may, in any documents that they file in a Relevant Proceeding, reference Confidential Informatlon but only if they comply with the following procedure: a. Any portions of the pleadings that contain or disclose Confidential Information must be physically segregated from the remainder of the pleadings; b. The portions of pleadings containing or disclosing Confidential Information must be covered by a separate letter to the Secretary of the Commission referencing this Protective Order; c. Each page of any party‘s filing that contains or discloses Confidential Information subject to this order must be clearly marked: "Confidential Information included pursuant to Protective Order, DA 07—737;" and d. The confidential portion(s) of the pleading shall be served on the Secretary of the Commission, the Bureau, and Inmarsat. Such confidential portions shall be served under seal, and shall not be placed in the Commission‘s public file. A party filing a pleading containing Confidential Information shall also file redacted copies of the pleading containing no Confidential Information, which copies shall be placed in the Commission‘s public files. Parties should not provide courtesy copies of pleadings containing Confidential Information to Commission Staff unless the Bureau so requests. Any courtesy copies shall be submitted under seal. 11. Client Consultation. Nothing in this order shall prevent or otherwise restrict Counsel from rendering advice to their clients relating to the conduct of this proceeding and any subsequent judicial proceeding arising therefrom and, in the course thereof, relying generally on examination of Confidential Information; provided, however, that in rendering such advice and otherwise communicating with such client, Counsel shall not disclose Confidential Information. 12. No Waiver of Confidentiality. Disclosure of Confidential Information as provided herein by any person shall not be deemed a waiver by Inmarsat of any privilege or entitlement to confidential treatment of such Confidential Information. Reviewing parties, by viewing this material agree: (1) not to assert any such waiver; (2) not to use Confidential Information toseek disclosure in any other proceeding; and (3) that

Federal Communications Commission DA 07—737 accidental disclosure of Confidential Information by Inmarsat shall not be deemed a waiver of any privilege or entitlement as long as Inmarsat takes prompt remedial action. 13. Subpoena by Courts, Departments or Agencies. If a court, or a federal or state department or agency issues a subpoena or orders production of the documents or any Confidential Information that a party has obtained under terms of this Protective Order, such party shall promptly notify Inmarsat of the pendency of such subpoena or order. Consistent with the independent authority of any court, department or agency, such notification must be accomplished such that Inmarsat has a full opportunity to oppose such production prior to the production or dlsclosure of the documents or Confidential Information. 14. Violations ofProtective Order. Should a person that has properly obtained access to Confidential Information under this Protective Order violate any of its terms, that person shall immediately convey that fact to the Commission and to Inmarsat. Further, should such violation consist of improper disclosure of Confidential Information, the violating person shall take all necessary steps to remedy the improper disclosure. The Commission retains its full authority to fashion appropriate sanctions for violations of this Protective Order, including but not limited to suspension or disbarment of Counsel from practice before the Commission, forfeitures, cease and desist orders, and denial of further access to Confidential Information in this or any other Commission proceeding. Nothing in this Protective Order shall limit any other rights and remedies available to Inmarsat at law or in equity against any personusing Confidential Information in a manner not authorized by this Protective Order. 15. Termination ofProceeding. The provisions of this Protective Order shall not terminate at the conclusion of this proceeding. Within two weeks after conclusion of the Relevant Proceedings and any administrative or judicial review, persons described in paragraph 5 shall destroy or return to Inmarsat the documents and all copies of the same. No material whatsoever derived from may be retained by any person having access thereto, except Counsel (as described in paragraph 5) may retain, under the continuing strictures of this Protective Order, two copies of pleadings (one of which may be in electronic format) containing Confidential Information prepared on behalf of the party. All Counsel shall make certification of compliance herewith and shall deliver the same to Counsel for Inmarsat not more than three weeks after conclusion of the Relevant Proceedings. The provisions of this paragraph 15 regarding retention of Stamped Confidential Documents and copies of same shall not be construed to apply to the Commission or its staff.

Federal Communications Commission DA 07—737 APPENDIX B Acknowledgment of Confidentiality I hereby acknowledge that I have received and read a copy of the foregoing Protective Order in the above—captioned proceedings, and I understand it. I agree that I am bound by the Protective Order and that I shall not disclose or use Confidential Information except as allowed by the Protective Order. I acknowledge that a violation of the Protective Order is a violation of an order of the Federal Communications Commission. Without limiting the foregoing, to the extent that I have any employment, affiliation or role with any person or entity other than a conventional private law firm (such as, but not limited to, a lobbying or public interest organization), I acknowledge specifically that my access to any information obtained as a result of the order is due solely to my capacity as Counsel or consultant to a party or other person described in paragraph 5 of the foregoing Protective Order and that I will not use such information in any other capacity nor will I disclose such information except as specifically provided in the Protective Order. I acknowledge that it is my obligation to ensure that: (1) Confidential Information is used only as provided in the Protective Order; and (2) the documents are not duplicated except as specifically permitted by the terms of paragraph 10 of the Protective Order, and I certify that I have verified that there are in place procedures, at my firm or office, to prevent unauthorized disclosure of Confidential Information. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Protective Order. Executed at | this day of , [Name] [Position] [Address] [Telephone]


Document Created: 2007-02-16 15:02:53
Document Modified: 2007-02-16 15:02:53
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