Attachment declaration

declaration

SUBMISSION FOR THE RECORD submitted by DIRECTV

declaration

2006-12-20

This document pretains to SAT-AMD-20051114-00216 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2005111400216_548375

HARR'S, 1200 EIGHTEENTH STREET, NW WASHINGTON, DC 20036 W".TSHIRE & TEL 202.730.1300 FaAXx 202.730.1301 ETTSnE WWW.HARRISWILTSHIRE.COM ATTORNEYS AT LAW December 20, 2006 BY HAND DELIVERY Marlene H. Dortch Office of the Secretary Federal Communications Commission 445 Twelfth Street, S.W. Washington, DC 20554 Re: DIRECTV Enterprises, LLC — Milestone Completion for DIRECTV 98 (Call Signs $2669/82689) File No. SAT—RPL—20050322—00070 File No. SAT—LOA—20051123—00250 File No. SAT—AMD—20051114—00216 Dear Ms. Dortch: On July 21, 2006, the International Bureau released an order authorizing DIRECTV Enterprises, LLC ("DIRECTV") to launch and operate DIRECTV 98, a hybrid Direct Broadcast Satellite and Ka—band space station, at the nominal 101° W.L. orbital location.‘ In accordance with paragraph 29(e) of that authorization and Section 25.165 of the Commission‘s rules, DIRECTV posted a $3 million performance bond to secure its compliance with four milestone requirements. Specifically, the authorization called for execution of a satellite construction contract, Critical Design Review, commencement of physical construction, and launch and operation of the satellite, and established a July 21, 2011 deadline for achieving the final milestone. As confirmed by the attached Declaration, the DIRECTV 98 satellite was successfully launched on October 13, 2006, and began regular operations at its authorized orbital location on December 18, 2006. Obviously, in order to achieve launch and operation, DIRECTV necessarily proceeded through the earlier requirements by contracting for and building the satellite. Accordingly, DIRECTV submits that it has \ DIRECTY Enterprises, LLC, 21 FCC Red. 8028 (Int‘l Bur. 2006).

Marlene H. Dortch December 20, 2006 Page 2 satisfied all four milestone requirements in its authorization well in advance of the required dates, and is therefore entitled to cancel its performance bond." DIRECTV believes that no further showing should be necessary. However, to the extent the Commission might otherwise require a showing with respect to the first three milestones, DIRECTV submits that a waiver of such showings would be appropriate. The Commission may waive its rules where there is good cause to do so, as in cases where special circumstances warrant a deviation from the general rule and such deviation would better serve the public interest than would strict adherence to the general rule." DIRECTV presents just such a case here. As the Commission stated when it adopted the milestone requirement, "[mlilestones are intended to ensure that licensees provide service to the public in a timely manner, to prevent warehousing of scarce orbit and spectrum resources.""* Similarly, the Commission adopted a performance bond requirement in the expectation that, "[bly requiring satellite licensees to make a financial commitment to construct and launch their satellites, we help deter speculative satellite applications, and help expedite provision of service to the public.”5 Given that DIRECTV 98 has already been launched and commenced operations, the concerns underlying the milestone and bonding requirements are no longer applicable. Thus, a waiver would not undermine the rule but would manifestly serve the public interest in these circumstances. If you have any questions, please do not hesitate to contact undersigned counsel. Sincerely yours, William M. Wiltshire Counselfor DIRECTYVY Enterprises, LLC Enclosure ce: Robert Nelson Andrea Kelly * See 47 C.F.R. § 25.165(d) (a GSO—like licensee is permitted to reduce the amount of the bond by 25% of the original bond amount upon successfully meeting each milestone). > See 47 C.F.R. § 1.3; Northeast Cellular Telephone Co. v. FCC, 897 F.24 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969); Telesat Canada, 17 FCC Red. 25287, 25292 and n.36 (Int‘l Bur. 2002) (citing cases). * See Amendment of the Commission‘s Space Station Licensing Rules and Policies, 18 FCC Red. 10760, 10827 (2003). * Id. at 10825.

# DECLARATION I, James R. Butterworth, Senior Vice President, Engineering and Operations, DIRECTV Enterprises LLP, hereby certify as follows: 1. The DIRECTV 98 spacecraft was successfully launched from the Arianespace facility in Kourou, French Guiana, on October 13, 2006. 2. After completion of in—orbit testing, DIRECTV 98 was placed in its assigned orbital location of 101.10° W.L. and began operations on December 18, 2006. ?@Q%U é?es R. Butterworth nior Vice President, Engineering and Operations DIRECTV Enterprises, LLP Date: December 19, 2006


Document Created: 2007-02-01 12:45:24
Document Modified: 2007-02-01 12:45:24
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