*Pages 1--24 from Before the* Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of Motient Corporation and subsidiaries, Transferors, and SkyTerra Communications, Inc., Transferee, Applications for Authority to Transfer Control of Mobile Satellite Ventures Subsidiary LLC and MSV International, LLC ) ) ) ) ) ) ) ) ) ) ) ) WC Docket No. 06- 106 File Nos. ITC- T/ C- 20060518- 00283; SES- T/ C- 20060517- 000828; SES- T/ C- 20060517- 000829; SAT- T/ C- 20060517- 00062; and 0020- EX- TC- 2006 PETITION TO ADOPT CONDITIONS TO AUTHORIZATIONS AND LICENSES The United States Department of Justice (“ DOJ”), including the Federal Bureau of Investigation (“ FBI”), together with the United States Department of Homeland Security (“ DHS”) (collectively, the “Agencies”), respectfully submit this Petition to Adopt Conditions to Authorizations and Licenses (“ Petition”), pursuant to Section 1.41 of the Federal Communications Commission’s (“ FCC” or “Commission”) rules. 1 Through this Petition, the Agencies advise the Commission that they have no objection to the Commission granting its consent in the above- referenced proceeding, provided that the Commission conditions the grant on Motient Corporation (“ Motient”), SkyTerra Communications, Inc. (“ SkyTerra”), and Mobile Satellite Ventures Subsidiary LLC (“ MSV”) (together, the “Applicants”) abiding by the commitments and undertakings contained in their August 21, 2006 letter to Sigal P. Mandelker, Elaine N. Lammert, and Stewart A. Baker (the “Letter”) attached hereto as Exhibit A. 1 47 C. F. R. § 1.41. 1 In the above- captioned proceeding, the Applicants seek Commission approval for the transfer of control of MSV, the holder of various licenses and authorizations, from Motient to SkyTerra. The licenses and authorizations held by MSV, which is the subject the transfer of control application, consist of international and domestic section 214 authorizations, satellite space station licenses, satellite earth station licenses, and an experimental license (the “Application”). 2 As the Commission is aware, the Agencies have taken the position that their ability to satisfy their obligations to protect the national security, enforce the laws, and preserve the safety of the public could be impaired by transactions in which foreign entities will own or operate a part of the U. S. telecommunications system, or in which foreign- located facilities will be used to provide domestic telecommunications services to U. S. customers. After discussions with the Applicants’ representatives in connection with the proposed transfer of control of MSV to SkyTerra, and based on the particular facts and circumstances of the transaction, the Agencies have concluded that the commitments set forth in the Letter will help ensure that the Agencies and other entities with responsibility for enforcing the law, protecting the national security, and preserving public safety can proceed in a legal, secure, and confidential manner to satisfy these responsibilities. Accordingly, the Agencies hereby advise the Commission that they have no objection to the Commission granting the above- referenced Application, provided that the Commission conditions its consent on compliance by the Applicants with the commitments set forth in the Letter. 2 See Applications Filed for Consent to Transfer Control of Mobile Satellite Ventures Subsidiary LLC from Motient Corporation and Subsidiaries to SkyTerra Communications, Inc., Public Notice DA 06- 1254, WC Docket No. 06- 106 (rel. June 16, 2006).) (including File Nos. ITC- T/ C- 20060518- 00283, SES- T/ C- 20060517- 000828, SES- T/ C- 20060517- 000829, SAT- T/ C-20060517- 00062, and 0020- EX- TC- 2006). 2 The Agencies are authorized to state that the Applicants do not object to the grant of this Petition. Respectfully submitted, /s/ SIGAL P. MANDELKER Sigal P. Mandelker Deputy Assistant Attorney General Office of the Assistant Attorney General Criminal Division – Room 2113 U. S. Department of Justice 950 Pennsylvania Avenue, N. W. Washington, DC 20530 (202) 305- 8319 /s/ ELAINE N. LAMMERT Elaine N. Lammert Deputy General Counsel Federal Bureau of Investigation 935 Pennsylvania Avenue, N. W. Washington, DC 20532 (202) 324- 1530 /s/ STEWART A. BAKER Stewart A. Baker Assistant Secretary for Policy U. S. Department of Homeland Security 3801 Nebraska Avenue, N. W. Washington, DC 20528 (202) 282- 8030 August 25, 2006 3 EXHIBIT A 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24