Attachment letter

letter

LETTER submitted by Telenor Satellite, Inc. ("TSI")

Letter filed by Telenor regarding its dialogue with appropriate U.S. Executive Branch agencies

2005-04-14

This document pretains to SES-T/C-20050217-00188 for Transfer of Control on a Satellite Earth Station filing.

IBFS_SESTC2005021700188_439278

& ORIGINAL @) telenor Robert W. Swanson Attorney April 14, 2005 By FEDEX Ms. Marlene H. Dortch, Secretary Federal Communications Commission 445 12"" Street, S.W. Washington, D.C. 20554 Re: In the Matter of Telenor Satellite, Inc. Petition Under Section 310 ofthe Communications Act of 1934, As Amended, for Declaratory Ruling Dear Ms. Dortch: The purpose of this letter is to advise the Commission that the Petitioner, Telenor Satellite, Inc. ("TSI"), has completed its dialogue with appropriate U.S. Executive Branch agencies regarding both the authorization requested in this proceeding and the Network Security Agreement (the "Agreement").‘ In addition, TSI wishes to confirm for the Commission that if the requested authority is granted, Telenor Satellite Services Holding AS ("TSSH") will become a successor to the Agreement and a 100% indirect owner of TSL. Finally, TSI requests that the Commission condition the proposed authorization on compliance with the terms of the Agreement. On February 16, 2005 TSI filed a petition (the "Petition‘") with the Commission requesting a declaratory ruling that it is in the public interest for TSI to have indirect foreign ownership in excess of the 25% benchmark under Section 310(b)(4) of the ‘ The Agreement, dated November 29, 2001, is between Telenor Satellite Services Holdings, Inc., Telenor Satellite, Inc., Telenor Satellite Services, Inc., Telenor Satellite Services AS (then known as Telenor Broadband Services AS) on the one hand, and the United States Department of Justice and the Federal Bureau of Investigation on the other. ' Telenor Satellite Services Holdings, Inc. Address: Tetephone: E—mail: 1101 Wootton Parkway +1 301 838 7807 robert.swanson@telenor—usa.com 10th Floor Fax: Web site: Rockville, MD 20852 USA +1 301 838 7752 telenor.com/satellite

Communications Act, 47 U.S.C. § 310(b)(4) to permit up to 100% indirect foreign ownership of TSI by TSSH, a Norway corporation that is a wholly—owned subsidiary of Telenor ASA, a Norway corporation already authorized by the Commission to indirectly own 100% of TSL The Petition stated that Telenor ASA is now contemplating an internal restructuring which would streamline the TSI ownership chain by: (1) transferring TST— related assets and operations from Telenor Satellite Services AS ("TSS"), also a Norway corporation that is a wholly—owned subsidiary of Telenor ASA to TSSH; (2) removing TSS as an indirect owner of TSI; and (3) concentrating 100% indirect ownership of TSI in TSSH. The Petition noted that TSS is also a signatory, along with TSI and Telenor Satellite Services Holdings, Inc. ("TSSHI®), to a Network Security Agreement with agencies of the U.S. Executive Branch, compliance with which is a condition of the Telenor Order; that TSSH would also become the successor to the Network Security Agreement; and that a dialogue had been initiated with the U.S. Executive Branch regarding this succession. The dialogue has been successfully completed. Representatives from the Department of Justice, the Department of Homeland Security and the Federal Bureau of Investigation were provided with copies of the Petition and were briefed on the reasons for the internal restructuring. This briefing included discussion of the fact that the * See In the Matter ofLockheed Martin Global Telecommunications, et al., Applications for Assignment ofSection 214 Authorizations, Private Land Mobile Radio Licenses, Experimental Licenses, and Earth Station Licenses, Order and Authorization, 16 FCC Red 22897 (2001) ("Telenor Order").

Agreement will inure to the benefit of, and be binding upon TSSH as the successor to TSS pursuant to Section 9.10 of the Agreement which states the following: 9.10 Successors and Assigns: This Agreement shall inure to the benefit of, and shall be binding upon, the Parties, and their respective successors and assigns. This Agreement shall apply in full to any entity or asset, whether acquired before or after the Effective Date, over which Telenor USA, including its successors or assigns, has the power or authority to exercise dejure or defacto control. It is therefore requested that the Commission condition the authorization on compliance with the terms of the Agreement. Respectfully submitted, t—— Robert W. Swanson Attorney On behalf of: Telenor Satellite Services Holdings, Inc. Telenor Satellite, Inc. + , * Telenor Satellite Services, Inc. Date: @ /% etv3$ Approved By/CLL— Britt Carina castle Sole Directof Telenor Satellite Services Holding AS Date: gzé//‘//y% 26’675 Approved By: M Tore Hilde President/Chief Executive Officer

CC. Laura H. Parsky Deputy Assistant Attorney General Criminal Division U.S. Department of Justice Washington, D.C. 20530 Tina W. Gabbrielli Director of Intelligence Coordination and Special Infrastructure Protection Programs Office of Infrastructure Protection U.S. Department of Homeland Security Washington, DC 20528 Patrick W. Kelley Deputy General Counsel Office of the General Counsel Federal Bureau of Investigation Washington, D.C. 20535


Document Created: 2019-04-22 09:26:50
Document Modified: 2019-04-22 09:26:50
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