Attachment ex parte

This document pretains to SAT-LOI-20050312-00063 for Letter of Intent on a Satellite Space Stations filing.

IBFS_SATLOI2005031200063_616389

EX PARTE OR LATE FILED 1200 EIGHTEENTH STREET, NW WASHINGTON, DC 20036 TEL 202.730. I 300 FAX 202.730. I30 I WWW.HARRISWILTSHIRE.COM ATTORNEYS AT LAW January 10,2008 BY HAND DELIVERY Marlene H. Dortch Office of the Secretary Federal Communications Commission 445 lzthStreet, S.W. Washington, D.C. 20554 Re: Ex Parte Presentation File Nos. SAT-LOI-20050312-00062 and -00063 Dear Ms. Dortch: On January 9 and 10,2008, Stacy Fuller of The DIRECTV Group, Inc. (“DIRECTV”) spoke by telephone with Ren6e Crittendon, Legal Advisor to Commissioner Adelstein; Angela Giancarlo, Legal Advisor Commissioner McDowell; and Aaron Goldberger, Legal Advisor to Chairman Martin, to discuss DIRECTV’s pending Application for Review of the International Bureau’s grant of authority to Spectrum Five, LLC (“Spectrum Five”) to serve the U. S. market from foreign-licensed “tweener” satellites. In each call, Ms. Fuller expressed DRECTV’s ongoing concern that Spectrum Five’s proposed operations would disrupt DBS service received by millions of Americans. Although the International Bureau authorized Spectrum Five to operate on a noninterference basis in the absence of coordination with existing DBS operators, Spectrum Five has neither submitted the characteristics for a proposed non-interfering system nor initiated - much less completed - coordination with DRECTV. Indeed, in the nearly three years since filing its applications, Spectrum Five has yet to even call DIRECTV to discuss coordination. Accordingly, neither DIRECTV nor the Commission has any basis upon which to determine whether Spectrum Five has devised an alternative method of operation that would not cause harmfbl interference to existing DBS services. Ms. Fuller also argued that, if the Commission were to deny DIRECTV’s Application for Review, it should at a minimum require Spectrum Five to demonstrate its ability to comply with the terms of its license. Specifically, Spectrum Five should be

HARRIS,WILTSHIRE & GRANNIS LLP Marlene H. Dortch January 10,2008 Page 2 of 2 required to submit to the Commission for review and comment by interested parties a technical showing of how its satellite(s) would operate on a non-interference basis or in accord with any coordination agreements reached. Such a showing should be submitted within two years of licensing (i.e., by November 29,2008) so that the Commission and all interested parties have an opportunity to evaluate Spectrum Five’s proposed operations well before construction of the satellite(s) has reached a point where any necessary design revisions could be claimed to impose an undue economic burden. Sincere1y yours, William M. Wiltshire Counselfor The DIRECTV Group, Inc. cc: Angela Giancarlo Renke Crittendon Aaron Goldberger Helen Domenici Robert Nelson


Document Created: 2008-01-15 11:30:17
Document Modified: 2008-01-15 11:30:17
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