Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the matter of                 | *  | File No.                     |
|                                  | *) | SAT-ASG-20010109-00005       |
| 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                | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**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 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

[^1]: ^?^ *Disclosure Order and Order Adopting Protective Order*, DA
    01-2231 (Int'l Bur., rel. Sept. 25, 2001), Attachment A.

[^2]: ^?^ *Id.*, ¶3.