*Pages 1--2 from  Microsoft Word - 12406.doc*
 Federal  Communications  Commission  DA  01-  2499 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  matter  of 
 Application  of 
 Motorola  Inc.  and  Teledesic,  LLC  for  Consent  to  Assignment  of  Authority  to  Launch 


 and  Operate  the  Millennium  Geostationary  Fixed-Satellite 
 Service  System 


 Request  of 
 Teledesic  LLC  for  Exemption  from  the  Cut-  Off  Rule  for  Pending 


 Applications  for  Authority  to  Launch  and  Operate 
 Geostationary  and  Non-  Geostationary  Fixed 
 Satellite  Systems 


 )  ) 
 )  ) 
 )  ) 
 )  ) 
 )  ) 
 )  ) 
 )  ) 


 File  No.  SAT-  ASG-  20010109-  00005 


 ORDER 
 Adopted:  October  25,  2001  Released:  October  26,  2001 


 By  the  Chief,  Satellite  and  Radiocommunication  Division: 
 1.  On  September  28,  2001,  counsel  for  Hughes  Communications,  Inc.  (“  HCI”)  presented  a 
 request  to  counsel  for  Motorola  Inc.  and  Teledesic  LLC  that  five  named  individuals  be  given  access  to 
 confidential  documents  pursuant  to  the  Protective  Order  issued  in  this  proceeding.  1  In  a  pleading  filed  on 
 October  1,  Teledesic  LLC  objected  to  the  request  insofar  as  it  sought  access  for  one  of  those  individuals, 
 Monserrat  Sans-  Ballus,  identified  as  the  Director  of  Regulatory  and  International  Affairs  for  Hughes 
 Network  Systems  (“  HNS”). 


 2.  The  Protective  Order  provides  for  disclosure,  upon  proper  request,  to  persons  of  the  following 
 description:  outside  counsel  of  record  for  a  party  to  this  proceeding;  in-  house  counsel  to  a  party  to  this 
 proceeding  who  is  actively  engaged  in  the  proceeding  and  not  involved  in  competitive  decision-  making; 
 partners  and  employees  of  such  counsel;  Commission  officials  involved  in  this  proceeding;  outside 
 consultants  or  experts  retained  to  assist  counsel  in  this  proceeding  who  do  not  participate  in  business 
 decisions  of  any  competitor  of  Motorola  Inc.  or  Teledesic  LLC  or  provide  analysis  underlying  such 
 decisions;  and  “employees  of  third-  party  contractors  performing  one  or  more  of  these  functions  under 
 counsel’s  supervision.”  2 


 3.  Teledesic  contended  in  its  Objection  that  HCI’s  request  for  access  did  not  indicate  that  Ms. 
 Sans-  Ballus  is  a  member  of  any  of  those  classes  of  eligible  persons.  In  a  response  letter  dated  October  2, 
 HCI  explains  that  HNS  is  a  division  of  Hughes  Electronics  Corporation;  that  Hughes  Electronics 
 Corporation  is  the  “ultimate  parent  company”  of  HCI,  which  is  a  party  to  this  proceeding;  and  that  HNS 
 has  been  assigned  responsibility  for  implementing  the  Ka-  Band  satellite  system  licensed  to  HCI.  HCI 


 1  Disclosure  Order  and  Order  Adopting  Protective  Order,  DA  01-  2231  (Int’l  Bur.,  rel.  Sept.  25,  2001), 
 Attachment  A. 
 2  Id.,  ¶3. 
1
 Federal  Communications  Commission  DA  01-  2499 
 2 
 contends  that  as  internal  regulatory  counsel  for  HNS  Ms.  Sans-  Ballus  qualifies  as  in-  house  counsel  to  a 
 party  to  this  proceeding  and  is  therefore  eligible  to  obtain  access  under  the  Protective  Order.  In  reply, 
 Teledesic  maintains  that  HCI’s  response  confirms  that  Ms.  Sans-  Ballus  is  not  counsel  to  a  party  and  fails 
 to  establish  that  she  is  a  member  of  any  eligible  class. 


 4.  We  agree  with  Teledesic  that  HCI  has  not  shown  that  Ms.  Sans-  Ballus  is  counsel  to  a  party  to 
 this  proceeding.  Rather,  it  has  merely  shown  that  she  is  counsel  for  a  non-  party  corporation  that  is 
 closely-  affiliated  with  a  corporate  party  to  this  proceeding,  which  is  insufficient  to  establish  eligibility 
 under  the  terms  of  the  Protective  Order.  As  HCI  has  asserted  no  other  grounds  for  the  claim  of  eligibility, 
 we  sustain  the  objection. 


 5.  Accordingly,  IT  IS  ORDERED  that  Teledesic’s  Objection  to  HCI’s  request  for  access  for 
 Monserrat  Sans-  Ballus  IS  GRANTED. 


 6.  This  order  shall  be  effective  upon  release. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Thomas  S.  Tycz 
 Chief 
 Satellite  and  Radiocommunication  Division 
2