UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

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1 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT PANAMSAT CORPORATION, ) Petitioner, ) ) v. ) Case Nos & ) FEDERAL COMMUNICATIONS COMMISSION ) and UNITED STATES OF AMERICA, ) Respondents. ) PETITIONER/APPELLANT S STATEMENT OF ISSUES TO BE RAISED, CERTIFICATE OF COUNSEL PURSUANT TO CIRCUIT RULE 28(a)(1), AND STATEMENT REGARDING DEFERRED APPENDIX Pursuant to this Court s Order (Sept. 21, 1999), counsel for Petitioner/Appellant PanAmSat Corporation ( PanAmSat ) hereby states: I. Statement Of The Issues To Be Raised In the Order, cited below, the FCC concluded that the proposed acquisition by Lockheed Martin Corporation/Regulus, LLC ( Lockheed ) of 49% of the stock of Comsat Corporation ( Comsat ) would not violate the terms of the Communications Act of 1934, as amended (the Communications Act ), or the Communications Satellite Act of 1962, as amended (the Communications Satellite Act ). The FCC also consented in the Order to a transfer of control to Lockheed of FCC authorizations held by Comsat Government Systems, Inc. ( CGSI ), which is affiliated with Comsat. The issues raised are whether the Order is arbitrary, capricious, or otherwise contrary to law in that: 1. The Order's classification of Lockheed as an authorized carrier is inconsistent with the Communications Satellite Act. 2. Lockheed s acquisition of 49 percent of the voting stock of Comsat will give it de facto control of Comsat in violation of the Communications Act, the Communications Satellite Act, and the FCC s rules and policies.

2 The FCC failed to enforce the Communications Satellite Act provisions that limit direct and indirect investment in Comsat by Lockheed and other carriers. 4. The acquisition by Lockheed of 49% of the voting stock of Comsat will conflict with Comsat's role as the United States Signatory to Intelsat and Inmarsat. 5. The acquisition by Lockheed of 49% of the voting stock of Comsat will conflict with Lockheed s responsibilities as administrator of the North American telephone numbering and local number portability plans. 6. The FCC has abdicated its responsibilities under the Communications Act and the Communications Satellite Act by allowing Lockheed to acquire 49% of the voting stock of Comsat. 7. The FCC failed to give interested parties a fair opportunity to address facts that came to light after the comment period had closed. II. Rule 28(a)(1) Certificate Of Counsel The undersigned attorney of record, in accordance with D.C. Circuit Rule 28(a)(1), hereby certify: A. Parties and Amici PanAmSat is the Petitioner/Appellant in the consolidated case. The Federal Communications Commission and the United States of America are the Respondents. Comsat Corporation ( Comsat ), Lockheed Martin Corporation ( Lockheed ), and Comsat Government Systems, LLC (formerly Regulus, LLC), have intervened. The Order on review/appeal was a hybrid proceeding that involved both rulemaking aspects and FCC action on an application. The following parties participated in the proceeding below: Lockheed Martin Global Telecommunications Lockheed Martin Corporation Regulus, LLC Comsat Corporation AT&T Corporation

3 - 3 - ICG Satellite Services, Inc. MCI WorldCom, Inc. Stratos Mobile Networks (USA) LLC Hughes Electronics Corp. AMSC Subsidiary Corporation GE American Communications, Inc. Teledesic LLC Satellite Users Coalition B. Ruling On Review/Appeal The ruling on review/appeal involves the Federal Communications Commission s Memorandum, Order and Authorization, File Nos. SAT-ISP , SES-T/C and ITC-T/C , FCC (rel. Sept. 15, 1999) (the Order ). Two copies of the Order are attached. C. Related Cases The Order on review/appeal was not previously before this or any other court. PanAmSat is not aware of any case, before this or any other court, that raises the same issues as those raised by PanAmSat s petition/appeal. III. Statement Regarding Deferred Appendix Counsel for PanAmSat intends to use a deferred appendix, as provided for by FRAP 30(c). Respectfully submitted, PANAMSAT CORPORATION /s/ W. Kenneth Ferree Henry Goldberg Joseph A. Godles W. Kenneth Ferree GOLDBERG, GODLES, WIENER & WRIGHT 1229 Nineteenth Street, N.W. (202) Its Attorneys

4 October 21,

5 CERTIFICATE OF SERVICE I hereby certify that on this 21st day of October, 1999, I caused copies of the foregoing Petitioner/Appellant s Statement Of Issues To Be Raised, Certificate Of Counsel, and Statement Regarding Deferred Appendix, to be served by first class mail on the following: The Honorable Janet Reno Attorney General U.S. Department of Justice Ninth and Constitution Avenues, N.W. Washington, DC Christopher J. Wright, General Counsel Federal Communications Commission The Portals Building th Street, S.W. Room 8C-723 Washington, D.C Magalie R. Salas, Secretary Federal Communications Commission The Portals Building th Street, S.W. Room TW-A325 Washington, D.C Gerald Musarra Vice President Government and Regulatory Affairs Lockheed Martin Global Telecommunications Crystal Square 2, Suite Jefferson Davis Highway Arlington, VA Warren Y. Zeger COMSAT Corporation 6560 Rock Spring Drive Bethesda, MD 20817

6 - 6 - Raymond G. Bender, Jr. Dow Lohnes & Albertson, P.L.L.C New Hampshire Ave, NW Suite 800 William B. Baker Wiley Rein & Fielding 1776 K Street, N.W. Washington, DC James J. R. Talbot Mark C. Rosenblum Lawrence J. Lafaro AT&T 295 North Maple Avenue Room 3247F3 Basking Ridge, NJ Eliot J. Greenwald Tony S. Lee Swidler Berlin Shereff & Friedman, LLP 3000 K Street, N.W. Suite 300 Washington, DC Robert S. Koppel Jennifer A. Manner MCI WorldCom, Inc Pennsylvania Avenue, N.W. Washington, DC Alfred M. Mamlet Colleen Sechrest Maury D. Shenk Steptoe & Johnson, LLP 1330 Connecticut Avenue, N.W.

7 - 7 - Bruce D. Jacobs Stephen J. Berman Fisher Wayland Cooper & Zaragoza, LLP 2001 Pennsylvania Avenue, N.W. Washington, DC Lon C. Levin Vice President & Regulatory Counsel AMSC Subsidiary Corporation Park Ridge Boulevard Reston, VA Philip V. Otero Senior Vice President & General Counsel GE American Communications, Inc. Four Research Way Princeton, NJ Peter A. Rohrbach Karis A. Hastings Hogan & Hartson, LLP th Street, N.W. Washington, DC Mark A. Grannis Kelly S. McGinn Harris Wiltshire & Grannis, LLP th Street, N.W. Susan Jamieson

IN THE COURT OF SPECIAL APPEALS OF MARYLAND. September Term, No MARYLAND OFFICE OF PEOPLE S COUNSEL, et al.,

IN THE COURT OF SPECIAL APPEALS OF MARYLAND September Term, 2006 No. 02689 MARYLAND OFFICE OF PEOPLE S COUNSEL, et al., v. Appellants, BALTIMORE GAS AND ELECTRIC COMPANY, et al., Appellees. On Appeal from