Permit But Discl Req

REQUEST submitted by Skynet Satellite Corporation

Permit but disclosure

2010-01-19

This document pretains to SAT-LOA-20080910-00174 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2008091000174_795252

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Skynet Satellite Corporation ) Call Sign S2764 ) Application for Authority to Launch ) File No. SAT-LOA-20080910-00174 And Operate a 17/24 GHz ) Broadcasting-Satellite Service ) Space Station ) To: International Bureau REQUEST TO MODIFY EX PARTE STATUS TO PERMIT-BUT-DISCLOSE In the above-captioned application, Skynet Satellite Corporation (“Skynet”) has requested authority to launch and operate a 17/24 GHz band space station at full power and with full interference protection at 70° W.L. For the reasons stated herein, Skynet respectfully requests that the International Bureau modify the ex parte status of the above-captioned proceeding to “permit- but-disclose.” After filing its application, Skynet learned that SES Americom, Inc. (“SES Americom”), less than a second before, had applied to operate at 67.5° W.L., which is only 2.5° from Skynet’s proposed orbital location. In subsequently-filed comments, SES Americom asked that the Commission hold Skynet’s application

-2- in abeyance.1 Skynet concurred, stating that holding the application in abeyance would give it an opportunity to determine how to meet the requirements of Section 25.262(b),2 which governs orbital spacing in the 17/24 GHz band.3 At present, this proceeding is classified as “restricted” under the Commission’s ex parte rules.4 Under the Commission’s rules, however, “the Commission and its staff retain the discretion to modify the applicable ex parte rules” in cases in which “the public interest so requires.”5 Skynet hereby requests that the International Bureau modify the ex parte status of the proceeding from “restricted” to “permit-but-disclose,” pursuant to Section 1.1200(a) of the Commission’s rules,6 so that Skynet and other interested parties may communicate directly with Commission staff, subject to the disclosure rules for permit-but-disclose proceedings. There is ample precedent for reclassifying satellite application proceedings as permit-but-disclose.7 In fact, 1 See Comments of SES Americom (Nov. 23 , 2009) 2 47 C.F.R. § 25.262(b). 3 See Reply Comments of Skynet (Dec. 8, 2009). 4 See 47 C.F.R. § 1.1208. 5 47 C.F.R. § 1.1200(a). 6 47 C.F.R. § 1.1200(a). 7 See, e.g., In the Matter of New ICO Satellite Services G.P., Motion to Designate Proceeding as “Permit-but-Disclose,” File No. SAT-MOD-20061109-00137, Grant Stamp of Motion to Designate Proceeding as “Permit-But-Disclose” (Nov. 16, 2006); Public Notice, “Satellite Communications Services,” Rep. No. SES-00590, March 25, 2004 (modifying ex parte status of DIRECTV Enterprises LLC blanket earth station application); Public Notice, Rep. No. SAT-00125 (Oct. 30, 2002) (modifying ex parte status for ICO and Lockheed Martin satellite application proceedings); Public Notice, “International Bureau Satellite Policy Branch Information: Echo Star Satellite Company Application for Authority to Make

-3- the Bureau granted permit-but-disclose status to the initial set of 17/24 GHz band applications.8 Grant of the instant request would harmonize the ex parte status of Skynet’s application with the ex parte status of these other applications and would facilitate discussions with Commission staff concerning the merits of Skynet’s request. For the foregoing reasons, the International Bureau should modify the ex parte status of the above-captioned proceeding to permit-but-disclose. SES Americom’s counsel has authorized the undersigned to state that SES Americom has no objection to modifying the ex parte status of this proceeding as requested herein. Respectfully submitted, /s/Joseph A. Godles Joseph A. Godles GOLDBERG, GODLES, WIENER & WRIGHT 1229 Nineteenth Street, N.W. Washington, DC 20036 (202) 429-4900 Counsel for Skynet Satellite Corporation January 19, 2010 Minor Modifications to Direct Broadcast Satellite Authorization, Launch and Operational Authority,” Rep. No. SPB-159, DA 00-1630 (July 21, 2000). 8 Public Notice, “Policy Branch Information,” Report No. SAT-00451, DA 07-2652 (rel. June 15, 2007) (granting permit-but disclose status to 17/24 GHz applications filed by DIRECTV, EchoStar, INTELSAT, and Pegasus.)

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Request to Modify Ex Parte Status to Permit-But-Disclose was sent via first class mail, postage prepaid, this 20th day of January, 2010, to each of the following: Daniel C.H. Mah Regulatory Counsel SES Americom, Inc. Four Research Way Princeton, NJ 08540 Karis A. Hastings Hogan & Hartson L.L.P. 555 Thirteenth Street, N.W. Washington, D.C. 20004 /s/ Jennifer Tisdale


Document Created: 2010-01-19 16:52:29
Document Modified: 2010-01-19 16:52:29
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