-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, CVcvmDgCW5odJdUDDWBJF88KJpl0M2TwRRU+6P5sClT9cbFZpD5mcqI2otFU7Hg9 NkaCvrBzhyIEcHCzLlKI6A== 0001214659-08-002006.txt : 20080903 0001214659-08-002006.hdr.sgml : 20080903 20080903140029 ACCESSION NUMBER: 0001214659-08-002006 CONFORMED SUBMISSION TYPE: 8-K/A PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20080903 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20080903 DATE AS OF CHANGE: 20080903 FILER: COMPANY DATA: COMPANY CONFORMED NAME: TERRESTAR CORP CENTRAL INDEX KEY: 0000913665 STANDARD INDUSTRIAL CLASSIFICATION: COMMUNICATION SERVICES, NEC [4899] IRS NUMBER: 930976127 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K/A SEC ACT: 1934 Act SEC FILE NUMBER: 001-33546 FILM NUMBER: 081053511 BUSINESS ADDRESS: STREET 1: 12010 SUNSET HILLS ROAD, STREET 2: 9TH FLOOR CITY: RESTON STATE: VA ZIP: 20190 BUSINESS PHONE: 703-483-7806 MAIL ADDRESS: STREET 1: 12010 SUNSET HILLS ROAD, STREET 2: 9TH FLOOR CITY: RESTON STATE: VA ZIP: 20190 FORMER COMPANY: FORMER CONFORMED NAME: MOTIENT CORP DATE OF NAME CHANGE: 20000424 FORMER COMPANY: FORMER CONFORMED NAME: AMERICAN MOBILE SATELLITE CORP DATE OF NAME CHANGE: 19931019 8-K/A 1 s92818ka1.htm AMENDMENT NO. 1 s92818ka1.htm
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C.  20549
 

FORM 8-K/A
(Amendment No. 1)
 
 
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934

Date of Report (Date of earliest event reported):      September 3, 2008

TERRESTAR CORPORATION
(Exact Name of Registrant as Specified in Charter)

Delaware
001-33546
93-0976127
(State or Other Jurisdiction
of Incorporation)
(Commission
File Number)
(IRS Employer
Identification No.)

12010 Sunset Hills Road, 9th Floor
Reston, VA
  
20190
(Address of Principal
Executive Offices)
  
(Zip Code)
 
Registrant’s telephone number, including area code:  703-483-7800

N/A
(Former Name or Former Address, if Changed Since Last Report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 
q
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
 
q
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
 
q
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
 
q
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 
Item 8.01.     Other Events
 
As disclosed in TerreStar Corporation’s (“Company”) Current Report on Form 8-K filed with the Securities and Exchange Commission on July 1, 2008, the Company’s majority owned subsidiary TerreStar Networks Inc. (“TerreStar Networks”) had been named as a defendant in a lawsuit filed on June 25, 2008 by Sprint Nextel Corporation (“Sprint”) in the United States District Court for the Eastern District of Virginia. New ICO Satellite Services, G.P. (“ICO”) was also named as a defendant.

In the lawsuit, Sprint contended that the defendants owed Sprint reimbursement for certain spectrum relocation costs Sprint had or will incur in connection with relocating incumbent licensees from certain frequencies in the 2 GHz spectrum band. Sprint sought among other things, enforcement of certain Federal Communications Commission orders and reimbursement of not less than $100 million from each defendant.

On August 1, 2008, TerreStar Networks filed a motion to dismiss or stay the lawsuit on the grounds that either primary jurisdiction over the matter was with the Federal Communications Commission (“FCC”) or that Sprint had failed to exhaust its administrative remedies before the FCC.

On August 29, 2008, the Court granted TerreStar Networks’ motion to stay on primary jurisdiction grounds, stayed the case pending further FCC action, and removed the case from the Court’s active docket.

A copy of the Court’s August 29, 2008 order is attached as Exhibit 99.1.  This exhibit is furnished, not filed, pursuant to Regulation FD.
 
 
 

Item 9.01. 
Exhibits
 
(d)
Exhibits
 
 
Exhibit No.
 
Description of Exhibit
99.1
 
Court Order dated August 29, 2008.

 
 

 
- 2 -
 
SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 
 
 
TERRESTAR CORPORATION
  
       
       
Date: September 3, 2008
By:
/s/ Jeffrey W. Epstein
  
   
Jeffrey W. Epstein
  
   
President
  
       
 
 
 
 
 
 
 
 
 
 EX-99.1 2 ex99_1.htm COURT ORDER DATED AUGUST 29, 2008 ex99_1.htm
Exhibit 99.1
 
 
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

 
SPRINT NEXTEL CORP.,
 
Plaintiff,
 
v.
 
NEW ICO SATELLITE
SERVICES G.P., et al.,
 
Defendants.
 
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1:08cv651   (LMB/TRJ)
 
 
ORDER
 
For the reasons stated in open court, defendant New ICO Satellite Services’s Amended Motion to Dismiss the Complaint for Failure to State a Claim [22] is DENIED and defendant Terrestar Networks’s Motion to Dismiss the Complaint for Failure to State a Claim and on the Alternative Grounds of Failure to Exhaust Administrative Remedies and Primary Jurisdiction [16] is GRANTED IN PART; and DENIED IN PART; and its is hereby
ORDERED that all claims in this civil action be and are referred to the Federal Communications Commission for resolution; and it is further
ORDERED that all proceedings before this Court be and are stayed pending further decision of the Federal Communication Commission.
 
 
 
The Clerk is directed remove this civil action from the active docket of the Court and to forward copies of this Order to counsel of record.
    Entered this 29th day of August, 2008.
 
Alexandria, Virginia
 
 
 
 /s/ Leonie M. Brinkema  
    Leonie M. Brinkema  
    United States District Judge  
       
 
 
 
 
 



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