Attachment letter

letter

LETTER submitted by EchoStar

letter

2006-02-10

This document pretains to SAT-LOA-20051221-00267 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2005122100267_482601

STEPTOE &JOHNSONw arrorners at taw Pancls Michlopoctes 130 Commecteue Aenve. M ramei Washingion. DC 20036705 pmrichloGxteproccom Tel 2024203000 taczon003002 steproecom RECEIVED ree 1 0 2005 February 10, 2006 commut *Trbomy * Vis HAaND peuivery Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street NW Washington, DC 20554 Re: EchoStar Satellite Operating Corporation, Reply to Comments Filed by DIRECTV Enterprises, LLC — File No. SAT—LOA—20051221—00267 (Formerly SAT—MOD—20051221— oo267) Dear Ms. Dortch: EchoStar files this letter to: * apprise the Commission ofthe status of ts discussions with DIRECTV Enterprises, LLC (*DIRECTV*); and * request permit—but—disclose treatment ofthis proceeding in light of the broad and significant policy issues presented. L Status of Discussions with DIRECTV While EchoStar remains fully willing to devote as much time and effort to negotiate with DIRECTV as is necessary to reach agreement on reasonable cross—polar C/I levels for DIRECTV 5,it must report that negotiations between the two companies are currently stalled. In particular, DIRECTV has presented no proposal to EchoStar that differs from the position it has expressed to the FCC DIRECTV expects the EchoStar 10 satelite at 110° Wto ensure the same cross—polar C/I levels for the collocated DIRECTV 5 satellite as would result from satellite operations nine degrees away or from a collocated CONUS satellite—— an expectation that would mean that no spot beam operations could ever wasitineron + ww york +. rwornix +. tos anorits +/ tonbon + seusstis

STEPTOE&JOHNSON« Marlene H. Dortch February 10, 2006 Page 2 be conducted on the three frequencies in question. EchoStar will shortly file a further technical analysis to respond directly to the substance of DIRECTV‘s submissions of February 3, 2006." 1t "Permit—But—Disclose" Moreis atissue in this proceeding than cross—polarization power levels. In addition to the technical issues, this proceeding is undergirded by another reality —— the fact that DIRECTV and EchoStar compete with one another. Resolution of this technical dispute may tip the scales of this competition. While a satellite application is "restricted" proceeding by default under the ex parte rules," the Commission and its staff may change the applicable rules "where the public interest so requires ... "" and this is precisely the type of proceeding where such a change is appropriate. This proceeding raises substantial questions of public import, such as the provision oflocal—into—local service and compliance with the same—dish requirement in the Satellite Home Viewer Extension and Reauthorization Act ("SHVERA*).* Accordingly, re—designating this proceeding as "permit—but« disclose" would serve the public interest by facilitating communications by EchoStar and DIRECTV on the unique technicalissues arising in this proceeding and their repercussions. Please contact the undersigned if you have any questions regarding this filing Respectfully yours, WMW% JDon Pantelis Michalopoulos Counselfor EchoStar Satellie Operating Corporation ‘ See Response of DIRECTV Enterprises, LLC, filed in SAT—MOD—20051221—00267 (filed Feb. 3, 2006) (‘DIRECTV Response"); Letter from William M. Wilishire and Michael D. Nilsson, Counsel for DIRECTV Enterprises, LLC, to Marlene H. Dortch, Secretary, FCC, filed in SAT—LOA—20051221— 00267 (formerly SAT—MOD—20051221—00267) (filed Feb. 3, 2006) (‘DIRECTV Letr®) ‘47 CER § 1.1208. 347 C.RR. $§1.1200(), 1.1208. * See 47 U.S.C. § 338(g)(Inserted by SHVERA § 203).

STEPTOE &JOHNSONw Marlene H. Dortch February 10, 2006 Page3 c: Andrea Kelly, Intenational Bureau Robert Nelson, Intemational Bureau Chip Fleming, Intemational Bureau William M. Wiltshire, Counselfor DIRECTV Enerprises, LC


Document Created: 2006-02-13 15:29:20
Document Modified: 2006-02-13 15:29:20
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