DISH Gamma DBSD Cont

LETTER submitted by New DBSD Satellite Services G.P.

IBFS Contact Update

2013-01-08

This document pretains to SES-T/C-20110408-00424 for Transfer of Control on a Satellite Earth Station filing.

IBFS_SESTC2011040800424_980582

Federal Communications Commission DA 12—332 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Nue! ue‘ Nuse? Nus! Nn Dug! Nee Nunt! Nen! Ne Nene! Ne Nem! Ned Num! Neue! Poue! ue Nue! Nun! Nes! Ne! Nus! Nue! Nt Nas! Nu! Ned N/ DBSD North America, Inc., Debtor—in—Possession; IB Docket No. 11—150 New DBSD Satellite Services G.P., Debtor—in— Possession; Pendrell Corporation, Transferor; and TerreStar License Inc., Debtor—in—Possession; Assignor, and DISH Network Corporation, Transferee; and Gamma Acquisition L.L.C.; Assignee Applications for Consent to Assign/Transfer Control of Licenses and Authorizations of New DBSD Satellite Services G.P., Debtor—in— Possession and TerreStar License Inc., Debtor—in— Possession In the Matters of New DBSD Satellite Services G.P., Debtor—in— IB Docket No. 11—149 Possession TerreStar Licensee Inc., Debtor—in—Possession Requests for Rule Waivers and Modified Ancillary Terrestrial Component Authority ORDER Adopted: March 2, 2012 Released: March 2, 2012 By the Chief, International Bureau: L. INTRODUCTION 1. In this Order, we consider a series of applications by which DISH Network Corporation ("DISH") seeks approval, pursuant to sections 214 and 310 of the Communications Act of 1934, and the Commission‘s rules,‘ to acquire control of the licenses for the U.S. operations of two satellite systems — TerreStar—1 and DBSD G1. The relevant licensees, both debtors in possession in connection with bankruptcy proceedings, are New DBSD Satellite Services G.P., Debtor—in—Possession ("New DBSD DIP") and TerreStar License Inc., Debtor—in—Possession ("TSL DIP")." The licensees both hold licenses ‘ 47 U.S.C. §§ 214, 310(d); 47 C.E.R. §§ 25.119(d), 25.137(g), and 63.24. 2 See ICO Global Communications (Holdings) Limited; DBSD North America, Inc. Debtor—in—Possession; New DBSD Satellite Services G.P. Debtor—in—Possession, Transferors, and DISH Network Corporation, Transferee,

Federal Communications Commission DA 12—332 for gateway earth stations, mobile earth terminals (MET‘s), and an ancillary terrestrial component (ATC). The MET and ATC licenses together authorize operations throughout the entire 40 megahertz of spectrum available for mobile satellite service (MSS) operations in the 2 GHz band (2000—2020 MHz uplink and 2180—2200 MHz downlink). Based on the record established in this proceeding, we find that grant of the applications will serve the public interest, convenience, and necessity. We also deny certain requests for waivers of the MSS/ATC rules. IL. BACKGROUND 2. In the DBSD Consolidated Application filed on April 8, 2011, New DBSD DIP and DISH seek approval to transfer control of New DBSD DIP to DISH. In the TerreStar Consolidated Application filed on August 22, 2011, TSL DIP, DISH and Gamma Acquisition LL.C. (Gamma) seek approval to assign the authorizations held by TSL DIP to Gamma, a wholly owned subsidiary of DISH.* Concurrently with the filing of the TerreStar Consolidated Application, New DBSD DIP and DISH filed an amendment to their application to reflect the complementary transaction proposed by TerreStar and DISH." The parties to both sets of applications requested that the DBSD Consolidated Application, the DBSD Consolidated Amendment and the TerreStar Consolidated Application be considered as a consolidated proceeding." A. Description of the Parties 1. New DBSD Satellite Services G.P, Debtor—in—Possession 3. Pendrell Corporation ("Pendrell"), a Delaware corporation, formerly ICO Global Communications (Holdings) Limited, is the parent of DBSD North America, Inc. Debtor—in—Possession ("DBSD NA DIP"), a Delaware corporation. DBSD NA DIP is an indirect parent of DBSD Satellite Services G.P., Debtor—in—Possession, a Delaware corporation, which owns 99.9% of New DBSD DIP, also a Delaware corporation.‘ New DBSD DIP holds authorizations for gateway earth stations, METs, and an ATC. 2. TerreStar License Inc., Debtor—in—Possession 4. TerreStar License Inc., Debtor—in—Possession ("TSL DIP") is a wholly owned direct Consolidated Application for Authority to Transfer Control, Narrative, IBFS File Nos. SES—T/C—20110408—00424 and —00425 (filed Apr. 8, 2011) ("DBSD Consolidated Application"). DBSD amended its application on August 22, 2011. Amendment to Application for Transfer of Control, IBFS File Nos. SES—AMD—20110822—00986, —00987, —00988, —00989, and —00990 (filed Aug. 22, 2011) ("DBSD Consolidated Amendment"). 3 See TerreStar Networks Inc., Debtor—in—Possession; and TerreStar License Inc., Debtor—in—Possession, Transferors, and DISH Network Corporation and Gamma Acquisition LL.C., Transferees, Consolidated Application for Transfer of Authorizations, IBFS File Nos. SES—ASG—20110822—00992, —00993, —00994, and ITC—ASG—20110822—00279 (filed Aug. 22, 2011) ("TerreStar Consolidated Application"). * On February 6, Industry Canada approved the transfer of radio licenses held by TerreStar Networks (Canada) Inc. and 0887729 B.C. Ltd., TerreStar‘s Canadian subsidiaries, to Gamma Acquisition Canada ULC, DISH‘s wholly owned subsidiary. Letter from Alison Minea, Counsel for DISH, to Marlene Dortch, Secretary, Federal Communications Commission (filed Feb. 7, 2012) ("Feb. 7 DISH ex parte letter"). * DISH and Gamma have also filed an application for informational purposes to facilitate the updating of Commission records with respect to the Letter of Intent grants for DBSD G1 and TerreStar—1. See IBFS File Nos. SAT—T/C—20110408—00071, as amended by SAT—AMD—20110822—00164, and SAT—ASG—20110822—0165. © DBSD Consolidated Amendment at 2; TerreStar Consolidated Application at 50. ‘ DBSD Consolidated Application at 4, and Attachment 1 at 3. SSG UK Ltd. DIP owns .01% of New DBSD DIP. 8 See Appendix A for a list of all relevant files. bo


Document Created: 2013-01-08 14:21:19
Document Modified: 2013-01-08 14:21:19
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