Attachment ex parte

ex parte

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by Spectrum Five

ex parte

2008-08-21

This document pretains to SAT-LOA-20070622-00085 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2007062200085_660714

EX PARTE OR LATE FILED AUG 2 1 2008 Federal CGmmunications Commission Office of the Secretary Todd M. Stansbury 1776 K STREET NW August 21,2008 202.719.4948 WASHINGTON, DC 20006 tstansbury@wileyrein.com PHONE 202.719.7000 FAX 202.719.7049 7925 JONES BRANCH DRIVE VIA HAND DELIVERY McLEAN, VA 22102 PHONE 703.905.2800 Marlene H. Dortch FAX 703.905.2820 Secretary Federal Communications Commission 445 12th Street, SW www.wileyrein.com Washington, DC 20554 Re: Notice of Ex Parte Presentations, File No. SAT-LOA-20070622-00085 EchoStar Satellite Operating, L.L.C. Application for Authority to Launch the EchoStar 11 Satellite and to Operate that Satellite at 110’ W.L., Dear Ms. Dortch: On August 18, 2008, David Wilson of Spectrum Five, LLC (“Spectrum Five”) participated in a phone call with Aaron Goldberger of Chairman Martin’s office to reiterate the arguments made it its August 8, 2008 letter to the Commission in the above-referenced application. On August 20,2008, David Wilson, along with Richard E. Wiley and the undersigned, counsel to Spectrum Five, participated in a telephone call with International Bureau Chief Helen Domenici, Charles Mathias of the Wireline Competition Bureau, and Aaron Goldberger and Brent Greenfield of Chairman Martin’s office. During the call, Spectrum Five noted that the ITU has not yet published the information required by Appendix 4 of the ITU Radio Regulations submitted in May 2008 with respect to the EchoStar 11 satellite. Accordingly, Spectrum Five’s sponsoring Administration, the Netherlands, has had no opportunity even to review Echostar’s proposed modifications to the Region 2 BSS Plan before the satellite was launched. Spectrum Five possesses ITU priority with respect to Dish Network’s May ITU filing and has been granted market access to serve the United States. Spectrum Five seeks to ensure that its ITU priority rights can be effectively enforced by the Commission notwithstanding the anticipated future service disruptions to Dish Network subscribers if EchoStar 11 commences service at 110” W.L. prior to completion of coordination with Spectrum Five. Spectrum Five has attached a February 2007 letter to EchoStar requesting technical information for coordination. To date, EchoStar has not responded to the request. Accordingly, Spectrum Five requested that the Commission clarify the conditions imposed on EchoStar 11 so that it may not operate at power levels exceeding that of

Marlene H. Dortch August 2 1,2008 Page 2 EchoStar 8 until DISH Network (1) coordinates with the Netherlands or (2) provides explicit technical information to demonstrate that such coordination can be effected. Pursuant to the Commission’s rules, a copy of this letter is being filed for inclusion in the above-captioned proceeding. Please direct any questions about this matter to the undersigned. Respec t f u l w m i t t e d , Attachment cc: Helen Domenici Aaron Goldberger Brent Greenfield Charles Mathias

Stansbury, Todd From: David Wilson [rdw@spectrumfive.com] Sent: Monday, August 18,2008 9:33 PM To: Stansbury, Todd Subject: FW: Coordination Attachments: Coordination Letter No. 1, Echostar,020907.doc - x From: JonDonKies@aol.com [mailto:JonDonKies@aol.com] Sent: Friday, February 09, 2007 11:02 AM To: david.blair@echostar.com; richard@telecommstrategies.com Cc: rdw@spectrumfive.com; telecomsystems@verizon.net Subject: Coordination Please see attached. 8/2 1/2008

Spectruni Five LLC 2001 KStreet Washingtonz D. C. 20006 202 -332- I245 February 9,2007 Richard Blair Echostar Communications Corp. 960 1 S. Meridian Blvd Englewood, CO 801 12 Dear Mr. Blair, I have been retained by Spectrum Five LLC to initiate coordination negotiations relating to Spectrum Five’s satellite to be located at 114.5W and BSS satellites at 110W and 119W. It is our intention to review your satellite networks and to present a proposed technical plan for a coordination settlement. The first Spectrum Five satellite is expected to be launched during 2010. Therefore, we request that you identify the satellites and transponders that you intend to operate at the nominal locations of 110W and 119W in 2010 and beyond. We would appreciate any additional information concerning these networks that you would care to provide to us. You may reach me at the letterhead address or 610-644 0444 (Philadelphia) or jondonkies @aol.com Sincerely John D. Kiesling Consultant to Spectrum Five CC R. David Wilson Richard Barnett


Document Created: 2008-08-26 11:31:17
Document Modified: 2008-08-26 11:31:17
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