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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
)
COMSAT CORPORATION, )
)
Complainant, )
)
v. ) File No. E-99-27
)
STRATOS MOBILE NETWORKS (USA), LLC, )
)
Defendant. )
ORDER ON REVIEW
Adopted: February 22, 2001
Released: February 26, 2001
By the Commission:
1. The Commission has before it an Application for Review
filed by COMSAT Corporation1 (``COMSAT'') pursuant to section
1.115 of the Commission's rules.2 COMSAT requests review of a
November 15, 2000 order by the Enforcement Bureau,3 which
dismissed with prejudice a complaint COMSAT filed against Stratos
Mobile Networks (USA), LLC (``Stratos'') pursuant to section 208
of the Communications Act of 1934, as amended (``Act'').4 The
Bureau determined that both the doctrine of res judicata and
section 207 of the Act5 precluded COMSAT from bringing the
complaint.
2. Upon careful review of the Application for Review and
the entire record herein, we conclude that COMSAT has failed to
demonstrate that the Enforcement Bureau erred. The Enforcement
Bureau properly decided the matters raised below, and we uphold
its decision for the reasons stated in the Bureau Order.6
3. Accordingly, IT IS ORDERED, pursuant to sections 4(i),
4(j), 207, and 208 of the Act, 47 U.S.C. §§ 154(i), 154(j), 207,
208, and section 1.115(g) of the Commission's rules, 47 C.F.R. §
1.115(g), that the Application for Review filed by COMSAT
Corporation IS DENIED and this proceeding IS TERMINATED WITH
PREJUDICE.
FEDERAL COMMUNICATIONS COMMISSION
Magalie Roman Salas
Secretary
_________________________
1 Application for Review of COMSAT Corporation, File No. E-99-
27 (filed December 18, 2000) (``Application for Review'').
2 47 C.F.R. § 1.115.
3 COMSAT Corporation v. Stratos Mobile Networks (USA), LLC,
Memorandum Opinion and Order, DA No. 00-2589 (Enf. Bur. Nov. 15,
2000) (``Bureau Order'').
4 47 U.S.C. § 208.
5 47 U.S.C. § 207.
6 We note that COMSAT does not contest the Enforcement
Bureau's conclusion that COMSAT has made contradictory
representations to the Commission concerning the nature of its
contractual relationship with Stratos. Bureau Order at ¶¶ 19,
22-23, and 28 (explaining that COMSAT argues in this case that
Stratos was not bound by a certain contract between COMSAT and
IDB Mobile Communications, Inc. (``IDB''), even though COMSAT
represented in prior Commission proceedings that Stratos was
``directly, explicitly, and unambiguously'' bound by the same
contract). To the extent that COMSAT relies on principles of
fairness and equity to argue against our application of the res
judicata doctrine (Application for Review at 10-11, 16-17), this
conspicuous omission by COMSAT substantially undermines its
argument.