Attachment Response

Response

RESPONSE TO REPLY COMMENTS submitted by American Tower Corporation

Response

2003-12-03

This document pretains to SES-T/C-20030918-01300 for Transfer of Control on a Satellite Earth Station filing.

IBFS_SESTC2003091801300_348307

                           BERLINSHEREFF
                      SWIDLER          FRIEDMAN,LLP
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                                          WASHINGTON,    DC 20007-5 116                                   N N YORK OFFICE
                                            TELEPHONE   (202) 424-7500                            THE CHRYSLER BUILDING
EUOT 1. GREENWALD                                                                                 405 LEXINGTON AVENUE
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TELEPHONE: (202) 424-7809
FACSIMILE:(202) 424-7643                       WWW.SWIDLAW.COM                                  TELEPHONE (212)   973-0111
EJGREENWALD@SWDLAW.WM                                                                             FACSIMILE (212) 891-9598




                                              December 3,2003


    VIA COURIER
                                               lnt‘i Burnu                    RECEIVED
                                                UEI:   0 4 2003
    Marlene H. Dortch                                                          DEC    -3   2003
    Secretary                                   Fmt o f f i o e           FMERAL COMMUNICATIONS COWSSON
    Federal Communications Commission                                          ORICE OF THE SECRETARY
    445 12th Street, S.W.
    Washington, DC 20554

             Re:      Application for Transfer of Control of Verestar, Inc.
                      From: American Tower Corporation
                      To: SkyTerra Communications, Inc.
                      FCC File No. SES-T/C-20030918-01300

    Dear Ms. Dortch:

             On behalf of Verestar, Inc. (“Verestar”) and American Tower Corporation (“ATC”), this
    letter is submitted in the above-referenced proceeding for the purpose of responding to a matter
    raised by Intelsat Global Sales and Marketing, Ltd. (“Intelsat”) for the first time in its
    Consolidated Reply (‘Reply”) of November 26, 2003. Section 1.45(c) of the Commission’s
    Rules, 47 C.F.R. 9 1.45(c), requires that reply pleadings be limited to matters raised in the
    opposition pleadings. However, in its Reply, Intelsat raises for the very first time allegations of
    interference concerning Verestar’s Glenwood earth station. Since this matter was never
    previously discussed in this proceeding, it should be stricken fiom the record. However, in the
    event the Commission chooses to consider the matter, Verestar and ATC seek Commission
    consent to complete the record with the following.

            Intelsat’s allegations of interference concerning Verestar’s Glenwood earth station tell the
    story from Intelsat’s perspective, and omit the very important fact that Verestar took action to
    correct each of the perceived problems. Enclosed herewith are declarations from Stanley R.
    Wessell, Vice President of Operations at Verestar, and Steve Krautsack, Supervisor, Digital
    Services at Verestar, attesting to the fact that the harmful interference issues have been remedied.
    Since each of the interference incidents have been corrected, they certainly do not demonstrate
    that Verestar does not have the technical qualifications to be a Commission licensee.


Marlene H. Dortch
December 3,2003
Page 2

       Please address any inquiries regarding this matter to the undersigned.
                                                Very truly yours,



                                                Eliot J. Greenwald

cc:    Robert A. Mansbach (by courier and e-mail)
       David Meltzer (by e-mail)
       Qualex International (by e-mail)
       Robert Lewis (by e-mail)
       Brian D. Weimer (by e-mail)
       Donald Abelson (by e-mail)
       John Muleta (by e-mail)
       James L. Ball (by e-mail)
       Tom Tycz (by e-mail)
       Fern Jarmulnek (by e-mail)
       Karl Kensinger (by e-mail)
       JoAnn Lucanik (by e-mail)




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Document Created: 2003-12-09 09:08:45
Document Modified: 2003-12-09 09:08:45

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