S2711 and S2712 Lett

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by DIRECTV Enterprises, LLC

Ex Parte Letter

2009-01-28

This document pretains to SAT-AMD-20080114-00013 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2008011400013_690987

HARRIS, 1200 EIGHTEENTH STREET, NW WASHINGTON, DC 20036 WI I.TSH | RE & TEL 202.730.1300 FAX 202.730.1301 WWW.HARRISWILTSHIRE.COM GRANNIS ur ATTORNEYS AT LAW January 28, 2009 BY ELECTRONIC FILING Marlene H. Dortch Office of the Secretary Federal Communications Commission 445 12"" Street, S.W. Washington, D.C. 20554 Re: DIRECTY Enterprises, LLC IBFS File Nos. SAT—AMD—20080114—00013 and —00014 Dear Ms. Dortch: This is to inform you that Stacy Fuller, Jack Wengryniuk, Michael Nilsson, and undersigned counsel representing DIRECTV Enterprises, LLC ("DIRECTV") met yesterday with Robert Nelson, Cassandra Thomas, Fern Jarmulnek, Andrea Kelly, Kathyrn Medley, Stephen Duall, Diane Garfield, and Chip Fleming of the Commission‘s International Bureau to discuss the Bureau‘s recent decision to dismiss DIRECTYV‘s 17/24 GHz BSS application at 103° W.L.‘ In that meeting, we explained why the dismissal of that application would not lead to a similar result with respect to DIRECTV‘s pending 17/24 GHz BSS application at the nominal 99° W.L. orbital location. We also noted that the Bureau‘s conclusion that DIRECTV‘s application was defective because its demonstration of compliance with the applicable PFD limits under "clear sky" conditions impermissibly included consideration of atmospheric effects is inconsistent with prior Commission precedent. Specifically, the Commission defined the term "clear sky" in the course of the 17/24 GHz BSS rulemaking proceeding as follows: The clear—sky value is taken to be the condition when the intrinsic atmospheric attenuation due to gasses and water vapor are applicable, without additional attenuation due to tropospheric precipitation, such as rain or snow. See Recommendation ITU—R PN.676—1." ‘ See DIRECTY Enterprises, LLC, DA 09—87 (Int‘l Bur., rel. Jan. 16, 2009). See Establishment ofPolicies and Service Rules for the Broadcasting Satellite Service at the 17.3—17.7 GHz Frequency Band and at the 17.7—17.8 GHz Frequency Band Internationally, and at the 24.75— 25.25 GHz Frequency Bandfor Fixed Satellite Services Providing Feeder Links to the Broadcasting—

HARRIS, WILTSHIRE & GRANNIS LLP Marlene H. Dortch, Secretary January 28, 2009 Page 2 of 2 This explains the structure of Section 25.208, which (as DIRECTV previously pointed out) clearly demonstrates that the Commission intended to distinguish between "clear sky" cor31ditions (which include atmospheric effects) and "free space" conditions (which do not). Sincerely yours, William M. Wiltshire Counselfor DIRECTVY Enterprises, LLC ce: Robert Nelson Cassandra Thomas Fern Jarmulnek Andrea Kelly Kathyrn Medley Stephen Duall Diane Garfield Chip Fleming Howard W. Waltzman (counselfor Spectrum Five, LLC) Satellite Service andfor the Broadcasting Satellite Service Operating Bi—directionally in the 17.3—17.7 GHz Frequency Band, 21 FCC Red. 7426, « 49 n.126 (2006) (emphasis added). 3 See Letter from William M. Wiltshire to Marlene H. Dortch, FCC File No. SAT—AMD—20080114— 00014, att. at 2 and n.7 and 8 (Dec. 8, 2008).


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Document Modified: 2019-04-13 19:28:27
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