Attachment request

request

REQUEST submitted by Intelsat North America

request

2008-08-28

This document pretains to SAT-LOA-20080523-00112 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2008052300112_661385

FILED/ACCEPTED Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ., %. ~ I ; ~ I I ~ ~ Conimissiori ~II..~III~I~s : ~ f l ~01r p!tic Sucretary In the Matter of ) ) EchoStar Corporation ) File No. SAT-LOA-20080523-001 12 ) Application for a Geostationary C-Band 1 Satellite in the Fixed-Satellite Service at 85” ) W.L. 1 REQUEST TO FILE RESPONSE TO SURREPLY AND RESPONSE Intelsat North America LLC (“Intelsat”), by its attorneys, requests leave to file this brief response to the Surreply filed by EchoStar Corporation (“EchoStar”) with respect to Intelsat’s Motion to Dismiss Echostar’s above-referenced 85” W.L. FSS application.2 A response is warranted to correct further the factual record. . In its Surreply, EchoStar states that the video recording of the FCC’s July 8,2003 public meeting is “archived and ~navailable”.~In fact, an archived video on the FCC’s website is readily available to the public. The FCC’s website instructs that a temporary link to the video Intelsat requested the video on May 23, will be provided upon request to webmaster@fc~.gov.~ 2008 and the link was provided. As of August 1,2008, when Intelsat filed its Motion to Dismiss, 1 EchoStar Corp., Request to File Surreply and Surreply (filed Aug. 26,2008) (“Echostar Surreply”). 2 Intelsat North America LLC, Motion to Dismiss (filed Aug. 1, 2008) (“Intelsat Motion”). 3 EchoStar Surreply at 2. 4 Available at http://www.fcc.gov/realaudio/publicforums.html (“Because of the large amount of computer memory required to store audiohide0 recordings, and the limited amount of hard disk space available on the FCC web server, we periodically move older audiohide0 recordings of FCC events to off-line storage to conserve space on the FCC web server. The names of these events and links to related materials are listed below. If you would like to play the audiohide0 files from one of the events listed below, please e-mail your specific request to webmaster@fcc.gov, and we will provide you with a temporary link that you can use to access the selected media file.”).

the video was archived again. Following receipt of Intelsat’s Motion to Dismiss, EchoStar requested the video and the link was provided. And, upon archiving again, the video will remain readily available upon request. As such, there is no merit to Echostar’s claim that the video recording of the FCC’s July 8,2003 public meeting “could not have served as notice to applicants for the 85 degree orbital slot.”5 The public record clearly disclosed that a public meeting had been held and applicants should certainly have been aware that it is general practice for the FCC to record public meetings and post a link to the video on its website. Once a video is archived, all an applicant had to do is request it.6 In fact, as clearly shown in the video of the July 8,2003 public meeting, Echostar’s counsel were present at that public meeting and were thus familiar with its subject matter. While EchoStar may be a new entrant to the FSS industry, their experienced counsel’s actual knowledge of the contents of the meeting, including the discussion of the 11:OO AM filing window, belies any claim of lack of notice. Respectfully submitted, Intelsat North America LLC Bert W. Rein Jennifer D. Hindin Carl R. Frank Wiley Rein LLP 1776 K Street, NW Washington, DC 20006 Dated: August 28,2008 Counsel to Intelsat North America L E 5 EchoStar Surreply at 2. 6 Archived Recordings of Public Forums, New Satellite Application Procedures, from 1:22:22 to 1:23:10 and 1:25:54 to 1:26:40 on the RealPlayerTMvideo player (July 8,2003), available at http://www.fcc.gov/realaudio/publicforums.html (last visited Aug. 27,2008). 2

CERTIFICATE OF SERVICE I, Kim Riddick, do hereby certify that on August 28,2008, I served a copy of the foregoing Request to File Response to Surreply and Response upon the following parties by U.S. first-class mail, postage pre-paid: Pantelis Michalopoulos Linda Kinney Steptoe & Johnson LLP EchoStar Corporation 1330 Connecticut Avenue, NW 90 Inverness Circle E. Washington, DC 20036 Englewood, CO 801 12 Counsel to EchoStar Corporation 4 * h a Kim Riddick


Document Created: 2008-08-29 13:31:45
Document Modified: 2008-08-29 13:31:45
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC