Attachment EX PARTE

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

IBFS_SATLOI2005031200063_621729

EX PARTE OR LATE FILED 1200 EIGHTEENTH STREET, NW %ILEB/ACCEPTED WASHINGTON, DC 20036 - 5 2008 TEL 202.730.I 300 FAX 202.730.I 30I WWW.HARRISWILTSHIRE.COM Federal Commurlications Commission Office of the Secretary ATTORNEYS AT LAW February 5,2008 BY HAND DELIVERY Marlene H. Dortch Office of the Secretary Federal Communications Commission 445 lYhStreet, S.W. Washington, D.C. 20554 Re: Ex Parte Presentation File Nos. SAT-LOI-20050312-00062 and -00063 Dear Ms. Dortch: Stacy Fuller and undersigned counsel on behalf of The DIRECTV Group, Inc. (“DIRECTV”) spoke today with Bruce Gottlieb, Legal Advisor to Commissioner Copps, 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 this discussion, DIRECTV expressed its 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 non- interference 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 DIRECTV. 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 harmfid interference to existing DBS services. DIRECTV 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. Under its existing authorization, Spectrum Five need only provide the Commission the final characteristics of its beams and the general characteristics of its satellites within thirty days after meeting its critical design

HARRIS,WILTSHIRE & GRANNIS LLP Marlene H. Dortch February 5,2008 Page 2 of 2 review milestone.’ There is no provision for interested parties to review and comment on this information, or for the Commission to rule on its sufficiency. Moreover, this information would appear to be far less complete than is required under the Commission’s rules for a non-U.S. satellite operator seeking access to the U.S. market.2 Accordingly, DIRECTV argued that Spectrum Five should be required to submit a complete technical showing - consistent with the showing required of other non-U.S. licensed systems seeking to serve the U.S. market - of how its satellite(s) would operate on a non-interference basis or in accord with any coordination agreements reached. Preferably, this showing would be made in the context of an application to modify the existing authorization, and would be filed within thirty days after the critical design review milestone (i.e., by December 28,2008) 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. Sincerely yours, William M. Wiltshire Counsel for The DIRECTV Group, Inc. cc: Bruce Gottlieb Aaron Goldberger ’ See Spectrum Five, LLC, 21 FCC Rcd. l4023,743(b) and (c) (Int’l Bur.2006). See id., 7 8 (noting that “foreign-licensed DBS operators seeking U.S. market access . . . must file the same information requested under Section 25.114 of the Commission’s rules that U.S. DBS applicants must file”).


Document Created: 2008-02-12 15:47:08
Document Modified: 2008-02-12 15:47:08
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