Attachment ex parte

ex parte

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by Star One

ex parte

2008-06-04

This document pretains to SAT-PPL-20071113-00159 for Permitted List on a Satellite Space Stations filing.

IBFS_SATPPL2007111300159_646205

ST E P T o E &J o H N s o N LLP ATTORNEYS AT LAW EX PARTE OR LATE FILED Daniel C. H. Mah 1330 Connecticut Avenue, NW 202.429.6414 Washington, DC 20036-1795 dma h@steptoe.com Tel 202.429.3000 Fax 202.429.3902 steptoe.com June 4,2008 ORIG lNAt Via HAND DELIVERY FILEDIACCEPTTB JUN - 4 2008 Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street S.W. Washington, D.C. 20554 Re: Notice of Ex Parte Presentation -- Star One S.A. File No. SAT-PPL-20071113-00159, Call Sign S2742 Dear Ms. Dortch, Pursuant to 47 C.F.R. 8 1.1206, Star One S.A. (“Star One”) hereby reports that on June 3, 2008, representatives of Star One met with Helen Domenici, Rod Porter, Robert Nelson, Karl Kensinger and Steven Spaeth of the International Bureau to discuss the above-referenced petition for declaratory ruling. Star One presented the attached slides and discussed the contents with the Bureau staff. An original and one copy of this letter and attachment is being submitted to the Secretary in accordance with 47 C.F.R. 5 1.1206(b)(2). Yours sincerely, DaGiel C.H. Mah Counsel to Star One S.A. Attachment WASHINGTON NEW Y O R K PHOENIX LOS ANCELES LONDON BRUSSELS

ST E P TO E &J o H N s o N LLP Marlene H. Dortch lune 4,2008 Page 2 cc: (via email) Helen Domenici, Chief, International Bureau Rod Porter, International Bureau Robert Nelson, International Bureau Karl Kensinger, International Bureau Steven Spaeth, International Bureau cc: (via Federal Express) Joaquin Restrepo International Affairs Advisor, Ministry of Communications Republic of Colombia Calle 13 X Cra 8a, Ed. Murillo Toro, Piso 4" Bogota, D.C., Republic of Colombia

u 00 0 0 el t s 1

Star One C5 FCC Timetable Nov. 13,2007 - C5 Petition filed Dec. 7,2007 - C5 Petition on Public Notice No oppositions or comments filed Feb. 7,2008 - C5 Petition granted Mar. 10,2008 - $3 million bond posted Mar. 13,2008 - Andean Petition filed 2

Star One Position Andean Petition should be denied because it is procedurally infirm - or - Andean Petition should be deferred until the Andean Community: - Submits a U S . market access request; and - Shows likelihood of deployment within ITU deadline. 3

The Andean Petition is Procedurally Defective A non-party may only file a petition for reconsideration if it can “show good reason why it - was not possible for him to participate in the - earlier stages of the proceeding.” See 47 C.F.R. @ l.l06(b)( 1). The Andeans gave no good reason for failing to participate earlier. 4 - 0 . Star One would be prejudiced by reconsideration because it posted a $3 million bond before the Andean Petition was filed. 4

A Brief ITU History of the Simon Bolivar 2 Network July 19, 1989 - First Simon Bolivar 2 ITU filing Numerous modifications since initial filing Would have expired on June 11,2005, but for the temporary deployment of Anik E l to 67W for 3-4 months before that satellite’s end-of-life. Would have exDired again on SePtember 17,2007, I U I but for a special 3-year extension granted at WRC- 5

Deployment of Simon Bolivar 2 is Highly Speculative It is now 2008 - 19 years since the first Simon Bolivar 2 filing - and the Andeans are still “actively negotiating with industry players.” See Andean Petition at 2. Since the Andean Petition, thev have amarentlv A I “signed a MoU with SES NewdSkies.” See Miy 15 Letter. Scope and nature of the MoU is unknown, and there can be no certainty that the Andeans’ will meet their new ITU deadline of September 17, 2010. 6

Andean Community Has Not Converted Previous Opportunities to Utilize Slots The FCC has attempted to accommodate the Andean Community in the past. - In 1998, the FCC re-assigned GE-3 from 67W to 8 1W to accommodate the Simon Bolivar 2 network. - In 1999, the FCC granted PanAmSat “temporary” operating authority, subject to conditions to protect a planned Andean network at 61W. A decade later, no Andean satellite occupies either slot. 7

Star One Delivers on Commitments to FCC Star One stands ready, willing and able to deploy a satellite to 68W. Consistent record of meeting FCC expectations : - Star One C l - launched in 2007 - Star One C2 - launched in 2008 - Star One C5 - timely posted a bond 8

Andean Petition Should be Deferred It is premature for the FCC to consider the Andean Petition. Deployment of the Simon Bolivar 2 network is highly speculative. 9


Document Created: 2008-06-11 15:26:26
Document Modified: 2008-06-11 15:26:26
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