Attachment Response to Q.39

This document pretains to SES-T/C-20091216-01588 for Transfer of Control on a Satellite Earth Station filing.

IBFS_SESTC2009121601588_788363

                                                                                     FCC Form 312
                                                                                       Question 39
                                                                                        Page 1 of 1

                                 RESPONSE TO QUESTION 39

        Neither the transferee, nor any person directly or indirectly controlling the transferee is
currently a party to any pending matter in which it has been accused of a felony or in which it
faces the possibility of being finally adjudged guilty of monopolization or attempted
monopolization of radio communication. Transferee notes, however, that AT&T Mobility, a
subsidiary of the transferee, is a defendant in one case in which a civil plaintiff has asserted
antitrust claims related to radio communication.

        In re Apple & AT&TM Antitrust Litigation is pending in the U.S. District Court for the
Northern District of California, San Jose Division. Plaintiffs, seeking to represent a nationwide
class of all iPhone purchasers, allege that the exclusive relationship between AT&T Mobility and
Apple regarding the sale of the iPhone and associated wireless service violates the antitrust laws.
Plaintiffs’ allegations against both Apple and AT&T Mobility include unlawful
monopolization and attempted monopolization of, and unlawful conspiracy to monopolize, the
iPhone Voice and Data Services Aftermarket.



Document Created: 2009-12-16 10:10:36
Document Modified: 2009-12-16 10:10:36

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