Attachment 20110624121539.pdf

20110624121539.pdf

CONSUMMATION submitted by Arent Fox

Consummation

2011-06-23

This document pretains to SES-T/C-20090427-00522 for Transfer of Control on a Satellite Earth Station filing.

IBFS_SESTC2009042700522_899089

© / Washington, DC / New York, NY / Los Angeles, CA Arent Fox June 23, 2011 Jeffrey E. Rummel Attorney VIA ELECTRONIC FILING 202715.5479 BIBCT 202.857.6395 rax rummel.jeffrey@arentfox.com Marlene Dortch Secretary ts tae Katherine E. Barker Marshall Federal Communications Commission Attorney 445 12th Street SW 202.857.6104 pirrcr Washington, DC 20554 202.857.6305 rax marshall. katherinc@arentfox.com Re: File No. SES—T/C—20090427—00522 Notification of Consummation Dear Ms. Dortch: The above—referenced application was listed as granted by the Commission by Public Notice dated March 2, 2011 (Report No. SES—01325). The underlying application requested Commission consent, nunce pro tunc, to the transfer of ultimate de jure control of DRS Technologies, Inc. to Finmeccanica — Societa per azioni. As explained in the application, the transaction was actually completed on October 22, 2008. Accordingly, although the application was granted by Public Notice dated March 2, 2011, this is to confirm that the consummation date was October 22, 2008. To the extent necessary, therefore, this is to respectfully request that the Commission waive the requirement set forth at 47 C.F.R. §25.119(f) that notifications of consummation of transfers of control be submitted within 30 days of the actual date of consummation. Requests for waiver of the Commission‘s rules will be granted where good cause is shown. See 47 CFR 1.3. (See also 47 C.F.R. §1.925(b)(3)(i),(ii) — "(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) In view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative."). Waiver is warranted in this case. Because the application was filed well after the consummation of the transaction, it was not possible for the instant notification to be filed within 30 days of the 10/22/08 consummation date. Accordingly, a waiver of the 30 day notice requirement specified in 47 C.F.R. §25.119(f) is required. The parties to the application have fully advised and disclosed to the Commission all of the facts relevant to the transaction and the late—filing of the application, in full accordance with Commission rules and policy. The Commission has consented to the transaction. Accordingly, the only way for this license transfer to be completed is for the Commussion to 1050 Connecticut Avenue, NW 1675 Broadway 555 West Fifth Street, 48th Floor Washington, DC 20036—5339 New York, NY 10019—5820 Los Angeles, CA 90013—1065 SMART T 202.857.6000 _F 202.857.6395 T 212.484.3900 F 212.484.3990 T 213.629.7400 F213.629.7401

Marlene Dortch June 23, 2011 Page 2 Arent Fox grant the instant waiver request. For the foregoing reasons, grant of the instant waiver request is in the public interest. Please contact undersigned with any questions regarding this notification. Respectfully submitted, effrey£E. f 7 Rummel f § Katherine E. Barker Marshall cc: Jeanette Spriggs, International Bureau (via e—mail)


Document Created: 2019-04-19 07:25:36
Document Modified: 2019-04-19 07:25:36
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