Attachment Motion

Motion

MOTION submitted by SkyWave

Motion to Designate Proceeding as Permit-But-Disclose

2007-11-13

This document pretains to SES-STA-20071109-01554 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2007110901554_605938

In the matter of

SkyWave Mobile Communications, Corp.
Request for Renewal of Special Temporary
Authority




        MOTION TO DESIGNATE PROCEEDING AS “PERMIT-BUT-DISCLOSE”

                   SkyWave Mobile Communications, Corp. (“SkyWave”) requests that the

 Commission designate File No. SES-STA-INTR2007-02723 as “permit-but-disclose” under the

 Commission’s rules governing exparte communications.* This proceeding involves an earth

 station application to offer Inmarsat services in the United States.

                   The exparte rules provide that “[wlhere the public interest so requires in a

 particular proceeding, the Commission and its staff retain the discretion to modify the applicable

 exparte rules by order, letter or public notice.”2 A change in the status to permit-but-disclose in

 this proceeding clearly is warranted in light of the issues raised, and in order to harmonize the

 status of this proceeding with that of numerous pending proceedings that also involve the

 applications to provide Inmarsat services, and which the Commission already has designated

 permit-but-disclose.

                   Virtually all pending applications seeking authority to provide Inmarsat services

 have been opposed by Mobile Satellite Ventures, Inc. (“MSV”). The Commission routinely has

 granted permit-but-disclose status in considering similar applications to provide Inmarsat


services, finding the change in ex parte status “will facilitate resolution of the complex policy

issues raised in the applicati~n.”~
                                  As in the other currently pending proceedings to provide

Inmarsat services, permit-but-disclose status in File No. SES-STA-INTR2007-02723would

serve the public interest by facilitating discussion with Commission staff to address the issues

raised in this proceeding.

               For the foregoing reasons, SkyWave respectfully requests that the Commission

designate the ex parte status of this proceeding as “permit-but-disclose.”

                                                   Respectfully submitted,



                                                       rLLd&A?q%/*
                                                   Alfred M. Mamlet

                                                   Marc A. Paul
                                                   Brendan Kasper
                                                   STEPTOE &JOHNSON   LLP
                                                   1330 Connecticut Ave., N.W.
                                                   Washington, D.C. 20036
                                                   Telephone: (202) 429-3000

                                                   Counselfor Sky Wave Mobile Communications,
                                                   Corp.


November 13,2007




  See, e.g., Public Notice, Rep. No. SES-00955 (rel. Aug. 15,2007) (granting motion seeking
  permit-but-disclose status for application to provide Inmarsat services); Public Notice, Rep.
  No. SES-00894 (rel. Jan. 24,2007) (same); Public Notice, Rep. No. SES-00825 (rel. May 31,
  2006) (same, with regard to 18 separate applications); Public Notice, Rep. No. SES-00807
  (rel. Mar. 29,2006) (same, with regard to three separate applications).


                                CERTIFICATE OF SERVICE

         I, Brendan Kasper, an attorney with the law firm of Steptoe & Johnson LLP, hereby
certify that on this 13th day of November 2007, I served a true copy of the foregoing Motion to
Designate Proceeding as “Permit-But-Disclose” by first class mail, postage pre-paid (or as
otherwise indicated) upon the following:


Stephen Duall*                                   Jennifer A. Manner
International Bureau                             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

Bruce D. Jacobs                                  Diane J. Cornel1
Tony Lin                                         Vice President, Government Affairs
Pillsbury Winthrop Shaw Pittman LLP              Inmarsat, Inc.
2300 N Street, N.W.                              1101 Connecticut Ave, NW, Suite 1200
Washington, DC 20037- 1128                       Washington DC 20036

John P. Janka
Jeffrey A. Marks
Latham & Watkins LLP
555 Eleventh Street, N.W., Suite 1000
Washington, D.C. 20004



*   By electronic mail




                                                    Brendan Kasper



Document Created: 2007-11-15 14:51:12
Document Modified: 2007-11-15 14:51:12

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