Attachment Amendment

This document pretains to ITC-STA-20060620-00327 for Special Temporal Authority on a International Telecommunications filing.

IBFS_ITCSTA2006062000327_511249

DATAFATH                                                                             rygmme
            commatetysesier.                                                         m:678.597.0300

                                                                                     wre.datapath.com




                                                             July 14, 2006



Ms. Marlene H. Dortch, Secretary                     RECE{VED
Federal Communications Commission
 Office of the Secretary                                JUL 1 4 roos
445 12"" Street, S.W.                                               >
 Washington, D.C. 20554                          Federal Communications Commission
                                                         Office of Secretary

                 Re:=—         ITC—STA—20060620—00327; SES—STA—20060620—01032;
                               SES—STA—20060620—01033; SES—STA—20060620—01034; and
                               SES—STA—20060620—01035 —— Amendment to Applications for
                               Special Temporary Authority and Request for Confidential Treatment

Dear Ms. Dortch:

        Pursuant to 47 C.F.R. §1.65, DataPath, Inc. (Post—Offering) ("DataPath") submits this
amendment to the above—referenced applications for special temporary authority and request for
confidential treatment of certain information contained in the amendment. We have set forth
below certain questions posed by the International Bureau staff and DataPath‘s responses.

       As a preliminary matter, DataPath respectfully requests that the information contained in
Exhibit 1 to this amendment be treated as confidential information not available for public
inspection pursuant to 47 CFR. §0.459. DataPath seeks confidential treatment of the
information contained in Exhibit 1 because such information relates to a private offering of
DataPath‘s shares conducted on a strictly confidential basis. Due to the confidential nature of the
offering, DataPath would not routinely provide such information to the public.

1.      DataPath does not believe that any of the services provided pursuant to the earth station
licenses/Section 214 authorization interconnect with the public switched telephone network.
Please state with more certainty if at all possible.

None of the services currently provided by DataPath pursuant to the earth station
licenses/Section 214 authorization interconnects with the public switched telephone network.

2.      DataPath believes that the U.S. Department of Defense is the only customer served by the
licenses/authorization. Please state with more certainty if at all possible.

The U.S. Department of Defense is the primary customer served by the earth station
licenses/Section 214 authorization. In addition, DataPath is required to provide certain back—up
services to the Georgia Emergency Management Agency in certain emergency situations.


Ms. Marlene H. Dortch, Secretary
July 14, 2006
Page 2


3.       In connection with the offering transaction, Friedman Billings Ramsey will immediately
convey DataPath‘s shares to the institutional investors. Please restate in the present tense if this
step has already occurred and provide transaction date.

This stage of the transaction has occurred. Friedman Billings Ramsey conveyed DataPath‘s
shares to certain institutional and other qualified investors effective as of June 30, 2006.

4.       The proceeds from the sale of DataPath‘s shares to institutional investors will be used to
redeem the shares in DataPath held by DPI Holdings, LLC. ("DPI"). Have DPI‘s shares now
been redeemed? If not, when is this expected to occur, and when will the interest described in #5
below be distributed?

The shares previously held by DPI in DataPath have been redeemed and/ordistributed to DPI‘s
members.      Consequently, DPI no longer holds any shares in DataPath. Before the offering
transaction, DPI held 42,050,789 shares in DataPath. As a result of the transaction, 30,126,667
of DataPath‘s shares held by DPI were redeemed. The remaining approximate 12 million shares
of DataPath were distributed to the approximately 30 individual/entity investors in DPI as set
forth below in #5.

5.     Following completion of the offering transaction, the institutional investors will hold
approximately 75 percent of DataPath‘s shares. The remaining approximately 25 percent interest
will be distributed to approximately 30 individual/entity investors in DPI Following this
distribution, none of these individuals or entities will hold more than a 5 percent interest in
DataPath; and most of these holdings will be significantly lower than 5 percent. Please restate in
the present tense if this step has already occurred. If any of the approximately 30
individual/entity investors has in fact acquired a 10% or greater direct or indirect equity or voting
interest in DataPath, provide the information required by section 63.18(h) for any such investors.
If the remaining 25% interest in DataPath has not yet been distributed as described above, please
specify how the remaining 25% interest is currently held and provide the information required by
section 63.18(h) for any investor/entity that currently holds a 10% or greater direct or indirect
interest in DataPath.

As set forth in response to 4 above, this step in the transaction has occurred. None of the
investors in DPI acquired a 10% or greater direct or indirect equity interest in DataPath as a
result of this distribution. One of the investors in DPI now holds an approximate 4.5% interest in
DataPath. Most of these holdings are significantly lower than 5%.

6.      At this point, DataPath is uncertain whether any of the institutional investors acquiring
shares in DataPath will be foreign—owned entities or entities primarily doing business abroad.
DataPath does not believe that any foreign investor will hold in excess of 5 percent of its
outstanding shares. DataPath will supplement this response when more information becomes
available. Please state whether any investor, whether organized under the laws of the U.S. or a
foreign country, acquired a 10% or greater direct or indirect equity or voting interest in DataPath


Ms. Marlene H. Dortch, Secretary
Tuly 14, 2006
Page 3

and, if so, provide the information required by section 63.18(h) for any such investor. In
addition, please identify any entity that is foreign—organized, foreign—controlled, or that primarily
does business abroad that acquired any direct or indirect equity or voting interest; the country of
organization and the percentage of direct or indirect equity or voting interest acquired.

No investor, whether organized under the laws of the U.S. or a foreign country, has acquired a
10% or greater interest in DataPath as a result of the offering transaction. A list of entities that
acquired shares of DataPath in the offering transaction which are foreign—organized or that
primarily do business abroad is attached as Exhibit 1. Please note that each of the Cayman
Island and British Virgin Island ("BVI") purchasers listed in Exhibit 1 have contacts with U.S.
addresses. DataPath therefore believes that the likely owners of these entities are U.S. persous.

7.      Please state whether any individual, or group of individuals voting together, acquired or
will acquire de facto control of DataPath as a result of the private offering and redemption of
DPI shares. Also, please state whether there has been or will likely be a change in the current
management ofDataPath during the pendency of the transfer of control applications.

No individual, or group of individuals, has acquired de facto control of DataPath as a result of
the offering transaction and the redemption of the shares previously held by DPI in DataPath.
DataPath‘s senior executive management has not changed as a result of the offering transaction.
Further, DataPath does not anticipate that any of its senior executive management will be
replaced during the pendency of the transfer applications.

8.     Please amend the transfer of control applications to acknowledge that DataPath will be
required to seek additional, prior approval of a public offering or any fature transaction that
would result in a substantial change in ownership or control of DataPath pursuant to Sections
310(d) and 214(a) of the Communications Act of 1934, as amended.

DataPath is submitting the requested amendment to the pending transfer applications in a
separate filing.



       If you have any questions regarding the above information, please contact the
undersigned.

                                                      Sincerely,


                                                     Steven R. Wilson
                                                     Vice President, General Counsel &
                                                     Secretary


15653


EXHIBIT 1



Document Created: 2006-07-19 12:19:25
Document Modified: 2006-07-19 12:19:25

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