Spectrum Five 11410

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by Spectrum Five LLC

Notice of Ex Parte Presentation

2010-01-14

This document pretains to SAT-LOA-20090807-00085 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2009080700085_794662

Mayer Brown LLP 1999 K Street, N.W. Washington, D.C. 20006-1101 Main Tel +1 202 263 3000 Main Fax +1 202 263 3300 January 14, 2010 www.mayerbrown.com BY MESSENGER Howard W. Waltzman Partner Direct Tel +1 202 263 3848 Ms. Marlene Dortch Direct Fax +1 202 762 4238 Secretary hwaltzman@mayerbrown.com Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Re: Notice of Ex Parte Presentation DIRECTV Enterprises, LLC File No. SAT-LOA-20090807-00085 (Call Sign S2796) Spectrum Five LLC File No. SAT-L01-20081119-00217 (Call Sign S2778) Dear Ms. Dortch: On January 13, 2010, David Wilson of Spectrum Five LLC ("Spectrum Five"), Chris Putala of Putala Strategies, and the undersigned counsel participated in a telephone call with Mindel De La Torre, Fern Jarmulnek, Andrea Kelly, Robert Nelson, and Cassandra Thomas of the International Bureau ("the Bureau") and discussed the Bureau’s January 8, 2010 grant of authority with respect to the above-referenced application of DIRECTV Enterprises, LLC ("DIRECTV").1 Specifically, Spectrum Five sought clarification regarding whether the authority to operate the RB-2A space station granted in the Order was independent from the authority granted by the Bureau to DIRECTV in DA 09-1624 for DIRECTV RB-2.2 Based upon the discussion, it 1 See Order, In re DIRECTV Enters., LLC, Application for Authority to Launch and Operate DIRECTV RB-2A, a Satellite in the 17/24 GHz Broadcasting Satellite Service at 103º W.L., File No. SAT-LOA-20090807-00085, Call Sign: S2796 (rel. Jan. 8, 2010) (“the Order”). 2 See Order and Authorization, In re DIRECTV Enters., LLC, Application for Authorization to Launch and Operate DIRECTV RB-2, a Satellite in the 17/24 GHz Broadcasting Satellite Service at the 102.825° W.L. Orbital location, File Nos. SAT-LOA-20060908-00100, SAT-AMD- 20080114-00014, SAT-AMD-20080321-00077, Call Sign: S2712, DA09-1624, 24 FCC Rcd. 9393 (rel. July 28, 2009). Mayer Brown LLP operates in combination with our associated English limited liability partnership and Hong Kong partnership (and its associated entities in Asia).

Mayer Brown LLP Ms. Marlene Dortch January 14, 2010 Page 2 is Spectrum Five’s understanding that, even if the authorization for RB-2A is independent of the authorization for RB-2, the RB-2A authorization to operate at the 102.765° W.L. orbital location is temporally limited and subject to the commencement of operations of a regularly authorized space station under the Commission’s first-come, first-served processing framework. Thus, the Bureau has granted the RB-2A authorization to operate at the 102.765° W.L. orbital location, but that authorization is only valid until the commencement of operations of a space station that is regularly authorized to provide service to the United States at the 103° W.L. orbital location unless DIRECTV has entered into a coordination agreement with the operator of such space station. The Bureau also stated that the 15-year license term granted to the RB-2A space station has no bearing upon DIRECTV’s authority to operate the RB-2A space station at the nominal 103° W.L. orbital location once a regulatory authorized space station commences operations at such orbital location. The Bureau stated that the 15-year license applies to the space station, not the orbital location. Spectrum Five further requested clarification regarding the relationship between the Order and the Commission’s 17/24 GHz BSS application queue for the 103° W.L. orbital location. The Bureau explained that DIRECTV’s authorization to operate RB-2A is an “interim” authorization, and, consistent with the Commission’s first-come, first-served rules, Spectrum Five’s application3 is next in the queue for 103° W.L. orbital location after DIRECTV’s RB-2 application.4 Finally, Spectrum Five asked for clarification regarding the International Telecommunication Union (“ITU”) status of the RB-2A space station. The Bureau asserted that no new ITU filing has been made for RB-2A because such space station is purportedly part of the satellite network for which the Commission made an API filing at the ITU on October 2, 2006, and an AP4 filing at the ITU that was recorded on April 2, 2007. However, Spectrum Five expressed concern that the technical parameters of RB-2A exceed the parameters included in the Commission’s ITU filing for the 103° W.L. orbital location, and that, as a result, a new ITU filing is required for RB-2A. 3 In re Spectrum Five LLC Petition for Declaratory Ruling to Serve the U.S. Market from the 103.15° W.L. Orbital Location in the 17/24 GHz Broadcasting Satellite Service Band, File No. SAT-LOI-20081119-00217, Call Sign: S2778 (filed Nov. 19, 2008). 4 In re DIRECTV Enters., LLC Application for Authorization to Launch and Operate DIRECTV RB-2, a Satellite in the 17/24 GHz Broadcasting Satellite Service at the 102.825° W.L. Orbital location, File Nos. SAT-LOA-20060908-00100, SAT-AMD-20080114-00014, SAT-AMD- 20080321-00077, Call Sign: S2712 (filed Sept. 8, 2006).

Mayer Brown LLP Ms. Marlene Dortch January 14, 2010 Page 3 Pursuant to Section 1.1206(b) of the Commission's rules, a copy of this notice is being filed in the above-noted proceedings. Respectfully submitted, /s/ Howard W. Waltzman Howard W. Waltzman cc: Mindel De La Torre Fern Jarmulnek Andrea Kelly Robert Nelson Cassandra Thomas William M. Wiltshire (counsel to DIRECTV)


Document Created: 2010-01-14 16:10:08
Document Modified: 2010-01-14 16:10:08
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