Attachment Northpoint Broadwave

Northpoint Broadwave

PETITION submitted by NORTHPOINT TECHNOLOGY BROADWAVE USA

Petition to Stay

2001-07-19

This document pretains to SAT-LOA-20010518-00045 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2001051800045_906910

                                         Before the                               RECEI VED
                   FEDERAL COMMUNICATIONS COMMISSION                                   JUL
                               ~ Washington, D.C. 20554                                       1 9 200;
                                                                                  M




                                               )
In the Matter of                               )
                                             )
Application of DIRECTV Enterprises, Inc.       )      File No. $243           F?SC        f
for Authority to Launch and Operate            )
DIRECTV 48 (USABBS—13)                         )                              (Fh 2       e
                                               )                   s                   3 20(}1‘
                                                                    "fEllte       p,
                                                                       ""-’maifw'cy Br,
         PETITION OF NORTHPOINT TECHNOLOGY, LTDg,,,_‘i"ch
AND BROADWAVE USA, INC., TO STAY PROCEEDINGS PENDING RECEIPT
AND ANALYSIS OF DATA REGARDING STRENGTH OF PLANNED SIGNALS

       Northpoint Technology, Ltd., and Broadwave USA, Inc. (collectively,

"Northpoint") hereby request that the Commission stay proceedings regarding the

application of DIRECTV Enterprises, Inc. ("DirecTV") for authority to launch and

operate the DIRECTV 48 direct broadcast satellite until such time as more complete data

regarding the satellite‘s operation is made available to the public.

       DirecTV‘s paper application provides insufficient information to evaluate the

precise strength and other characteristics of the planned signals at any particular location.

DirecTV submitted a CD—ROM as part of its application that may contain the necessary

data. See Application, Appendix A, at 6 ("The CD—ROM that accompanies this report

contains the GIMS Data and Index folders and gxt files of the USABSS—13 beams").

Northpoint sought to obtain a copy of the data on this CD—ROM from the International

Bureau, but has not yet been given access to the data.‘




‘ Technical staff declined to release the data without authorization from legal staff.
Northpoint has contacted legal staff and is awaiting a response.


       Northpoint is unable to form a definitive opinion as to the merits of DirecTV‘s

application absent more precise information about the strength and other attributes of the

proposed signals. Accofdingly, Northpoint requests that thé Commission make available

such GIMS data and other related information as will make it possible to evaluate the

strength and other technical characteristics of the proposed beams.

       Northpoint urges the Commission not to take action on DirecTV‘s application

until the necessary technical information has been made available to the public and

adequate time has been given to perform a full and fair analysis of that information and to

provide comments to the Commission thereon.

                                             Respectfully submitted,

                                             NORTHPOINT TECHNOLOGY, LTD.
                                             AND BROADWAVE USA, INC.

July 19, 2001

                                             By:     O& W
Antoinette Cook Bush                                 Milhael K. Wellogg
Northpoint Technology, Ltd.                          J.C. Rozendaal
400 North Capitol Street, N.W.                       Kellogg, Huber, Hansen,
Suite 368                                             Todd & Evans, P.L.L.C.
Washington, D.C. 20001                               Sumner Square
(202) 737—5711                                       1615 M Street, N.W.
                                                     Suite 400
                                                     Washington, D.C. 20036
                                                     (202) 326—7900

                        Counselfor Northpoint Technology, Ltd.
                                 and Broadwave USA, Inc.


                                 CERTIFICATE OF SERVICE

       I, Shannon Thrash, hereby certify that on this 19th day of July, 2001, copies of fhe
Petition ofNorthpoint Technology, Ltd., and Broadwave USA, Inc., to Stay Proceedings Pending
Receipt and Analysis ofData Regarding Strength ofPlanned Signals were served by hand
delivery* or first class United States mail, postage prepaid, on the following:

Magalie Roman Salas*                               Antoinette Cook Bush, Esq.
Secretary                                          Northpoint Technology, Ltd.
Federal Communications Commission                  400 North Capitol Street, NW
445 12"" Street, SW                                Suite 368
Room TW—B204                                       Washington, D.C. 20001
Washington, D.C. 20554
                                                   James H. Barker, III, Esq.*
Rocky Patterson                                    Latham & Watkins
Jennifer Gilsenan                                  1001 Pennsylvania Ave., NW
International Bureau*                              Suite 1300
Federal Communications Commission                  Washington, D.C. 20004—2505
445 12"" Street, SW
Washington, D.C. 20554




                                                              *      Shannon Thrash



Document Created: 2011-07-20 16:39:22
Document Modified: 2011-07-20 16:39:22

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