Attachment extension

extension

REQUEST FOR EXTENSION OF TIME submitted by Rainbow

extension

2004-11-18

This document pretains to SAT-LOA-20030827-00172 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2003082700172_408067

Mintz LEvN PyM |... 701 Pesuplonia Aseen, NWP Conn FERRis *« $oote * G No Tirk 2004347400fox LOVSKY AND i:'f;,§ Received waaiien Porrore fho? DEC 6 2 2004 Benjamin J. Grittn Poiey Brench trtermational Bureau Dime dat 202 6t $720 byifi@mitceem November 18, 2004 LAND AND ELECTRONIC DELIVERY ELECTRONIC REcEIVED — Fec Mr. Thomas S. Tycz Chief, Satelite Division NOV 1 8 2004 Federal Communications Commission 445 12th Street, SW wmwm Washington, D.C. 20554 Re: Request of Rainbow DBS Company LLC for Extension of Contract Execution Milestones File Nos. SAT—LOA—20030827—00172, SAT—LOA—20030827—00248, SAT— LOA—20030827—00175, and SAT—LOA—20030827—00249 Dear Mr. Tyez: Rainbow DBS Company LLC (‘Rainbow DBS"), by its counsel,hereby requests a two— week extension ofthe contract execution milestone requirement®"for the above—referenced satellte space station authorizations. Such a de minimus extension, from November 22 until December 6, 2004, is necessary to give Cablevision‘s Board of Directors sufficient time to complete their due diligence review of the contract. Rainbow DBS does not seck any extension of future milestones. An extension oftime ofthe satelite milestones may be granted upon a showing that the additional time is required due to unforesceable circumstances beyond the applicant‘s control !* Rainbow DBS is a wholly—owned subsidiry ofCablevision Systems Corporation (*Cablevision‘). * 47CBR. §25.1610), 0.

Micz, Leviy,Coim, Feams, Grovsy Axp Poreo, PC. Thomas S. Tye November 18, 2004 Page 2 and that there are unique and overriding public interest concems that justify an extension."" As demonstrated below, Rainbow DBS meets this standard. The Commission‘s milestone requirements are intended to ensure that licensees provide service to the public in timely manner and to prevent a warchousing of searce orbit and spectrum resources.". The Commission established a milestone requiring the execution of a non— contingent contract within one year from the date of authorization to ensure that licensees moved forward with their business plans while providing them adequate time to negotiate satellite construction contracts with manufacturers." Rainbow DBS has acted diligently to complete contracts forfive spacecraft in satisfaction of Commission milestones. In November 2003, the Commission granted the four above— referenced satellite space station authorizations to Rainbow DBS." A fifth authorization was granted to Rainbow DBS on January , 2004."" As the Commission intended through the adoption of the contract milestone, Rainbow DBS has used the time since the authorizations were granted to secure a satellte construction contract. Specifically, since initial grant, it has been engaged in a mult—stage scoping, design, contracting and procurement process to finalize construction contracts. This process included consultation with Telesat Canada on a satellte design and operations issues, issuance a Request for Proposals, acceptance of bids and proposals from multiple satellite manufacturers, narrowing the field of applicants down to two finalists, negotiating with the finalists and receiving Best and Final Offers from the finalists. Rainbow DBS has now selected a manufacturer, and will finalize an agreement with that manufacturer by the end of this week. The agreement covers the construction, launch and operation ofall five state—of—the—art Ka—band satellites. "The proposed spacecraft construction contract requires the approval ofthe Board of Directors of Cablevision, Rinbow DBS‘s parent company. In anticipation of their review, on November 17, 2004, the directors of Cablevision determined that appropriate consideration and review of an agreement ofthis complexity and scope would require additional time beyond the November 22 milestone. Consequently, Rainbow DBS respectfully requests a two—week extension so that the directors can perform the necessary due diligence on the agreement and vote on it d 47 C.F.R. § 25.117(6). Rainbow DBS requests that this leter serve as the verified statement required under section 25.117(e) * Amendment of the Commission‘s Space Station Licensing Rules and Policies, Frst Report and Order and Further Notice ofProposed Rulemaking, 18 ECC Red 10760, 10827 9 173 (2003). £ 14. o10829 9 180 ¢ "The authorizations were granted on November 21, 2003. * See FCC File No. SAT—LOA—20030827—00173, as amended SAT—AMD—20031009—00312 (Call Sizn $2480).

Mrrz, Ln, Com, Peaws, Grovsicy Aup Poreo, PC Thomas S. Tycz November 18, 2004 Page3 ‘Unique and overriding public interest concems also justify this extension. In particular, the publicinterest in sound and responsible corporate governance will be served by permitting Cablevision‘s directors adequate time to complete their review of the agreement. The necessity of more intensive board oversight ofpublic companies has been widely acknowledged in recent years, and the Commission has long sought to ensure that ts processes did not interfere with the ffunctioning of the securities laws,®" Consistent with these goals, the requested two additional weeks will enable the Board ofDirectors to discharge their obligations to sharcholders. By contrast, denying this de minimus extension request and therefore canceling Rainbow DBS‘s authorizations would disserve the public interest delaying the availability of advanced video and communications services. Rainbow DBS secks extensions ofonly the contract execution milestone, and only for the four space station authorizations referenced above. It does not seek an extension of the contract execution milestone for the fifth authorization, nor does it does not seek an extension ofany future milestones for any ofthe five satellites. Rainbow DBS is fully committed to providing service to the public in a timely manner and does not seck to warehouse scarce orbit and spectrum resources. For the reasons set forth more fully above, Rainbow DBS respectfully requests a de minimus extension of the date by which it must file a non—contingent contract with the Commission, from November 22 until December 6, 204. Should you have any questions regarding this request, please contact the undersigned. Sincerdty, FojumTCiffp. «ce Benjamin J. Griffin See Tender Offers and Proxy Contests, Policy Statement, 59 RR 2d (P&EF)1536, 15404 7 (1986).


Document Created: 2004-12-02 15:12:29
Document Modified: 2004-12-02 15:12:29
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