Attachment ex parte

ex parte

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by EchoStar; MSV

ex parte

2005-03-25

This document pretains to SAT-LOA-20030827-00179 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2003082700179_426224

STEPTOE &JOHNSON«w attorniys at taw gy pagTE OR LATE FILED Panees Mictalopootos 110 Comecteut Arerve. NW roamen Washingn. DC 200361705 Piimppnecom Taroama000 es Fac2024203002 RECEIVED March 25, 2008 wae 3 6 2s ORlGlNAL setent onmuricatos Coril isien aitenotSeaniay Via HAND DELIVERY Received Marlene H. Dortch ApR 0 5 2005 enCommunications Commission Federal Pocymere Branch 445 12th Street, S.W. Washington, D.C. 20554 Re:— EchoStar Satellite L.L.C. SAT—LOA—20030827—00179, SAT—AMD—2002 1 126—00343, Call Sign $2492 Mobile Satellite Ventures Subsidiary LLC SAT—LOA—20001214—00171, SAT—AMD—20040209—00014, Call Sign $2358 Dear Ms. Dortch, On March 17, 2005, representatives of EchoStar Satellte L.L.C. (*EchoStar") and Mobile Satellite Ventures Subsidiary LLC (*MSV") met with Thomas Tyez, Fem Jarmulnek, Robert Nelson and Cassandra Thomas of the International Bureau, o discuss the above referenced applications. During that meeting, MSV requested thatits amended application to operate mobile satellite service (°MSS") feeder links using the allotted extended Ku—band frequencies be treated and granted on two tracks —— first, as a replacement satellite application with respect to the L~ and Ku—band frequencies on which MSV is already authorized to operate and, second, as a new satelite application with respect to the additional Ku— frequencies that t requested (subject to bond and milestone requirements) EchoStar re—emphasizes that it takes no position on this "two track" reatment of MSV‘s application, subject to an important condition that: the grant of MSV‘s request to use the allotted extended Ku—band frequencies for MSS feeder links and the parallel grant of EchoStar‘s request to use the same frequencies for Fixed—Satellte Service are possible subject to coordination. Because ofthe limited use that MSV plans to make ofthis spectrum and the limited number of feeder link stations that MSV plans to deploy, EchoStar believes that the two proposals can be coordinated. MSV too has No. of Copioe reoid_Z ust asobe eh—ms wasiinoton + new vork + rhornix + tos anories +. tonpon + srussris

i STEPTOE &JOHNSON« Marlene H. Dortch March 24, 2005 Page 2 acknowledged at least the possibility of such coordination. Before the Commission proceeds on the two tracks requested by MSV, MSV should confirm that this is itsposition, and that, subject to coordination, it does not object to grant of EchoStar‘s application for thallotted extended Ku—band frequencies at the 101° W.L.orbital location. The reason is simple: ifgrant of MSV‘s feeder link proposal were deemed to preclude other users ofthe allotted extended Ku—band spectrum at 101° W.L., the two tracks requested by MSV would raise an intolerably high risk that this spectrum will be warchoused. Once MSV‘s request for additional frequencies is decoupled from itsreplacement satellte application, the business consequences to MSV of noncompliance with the FCC‘s milestone requirements for thallotted extended Ku—band frequencies would be significantly lessened. For example, in the event that MSV is unable to obtain funding for a satellite that utlizes the additional frequencies, it would be able to give up its authorization for the additional frequencies with litl risk toits existing L~Ku—band MSS operations. Therefore, in keeping with the Commission‘s spectrum policies, the Bureau should not entertain MSV‘s two track request unless grant ofits feeder link proposal does not preclude EchoStar‘s proposed use of the allotted extended Ku—band spectrum at 101° W.L. Please contact the undersigned if you have any questions about the above. Yours sincerely, WW:&W A : Pantelis Michalopoutos Counselfor EchoStar Satellite LL C. Copy to: Thomas Tyez, Intemational Bureau Fem Jarmulnck, International Bureau Robert Nelson,Intemational Burcau Cassandra Thomas, Intemational Bureau Lon Levin, Vice President, Mobile Satellite Ventures Subsidiary LLC Bruce Jacobs and David Konzcal, Shaw Pittman LLP


Document Created: 2005-04-05 11:07:45
Document Modified: 2005-04-05 11:07:45
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