Attachment Completion

Completion

LETTER submitted by DIRECTV

Completion

2006-12-20

This document pretains to SAT-RPL-20050322-00070 for Replacement Application on a Satellite Space Stations filing.

IBFS_SATRPL2005032200070_547085

HaRRis, nopeonmnnesmensmm Fesmen ce td To Go rexemnss medensin wemvsornsmersmecon GRANNIS us arromen ar uw December 20, 2006 FILED/ACCEPTED By Hanp pelivery pee 2.0 2006 Marlene H. Dortch ies oomacare onmiser Office ofthe Secrctary Federal Communications Commission 445 Twellth Street, S.W. Washington, DC 20554 Re: DIRECTVEnterprises, LLC— Milestone Completionfor DIRECTV 95 (Call Signs $2669/52689) * File No. $AT—RPL—20050322—00070 File No. $AT—LO4—20051123—00250 File No. $AT—AMD—20051114—00216 Dear Ms. Dortch: On July 21, 2006, the International Bureau released an order authorizing DIRECTV Enterprises, LLC (*DIRECTV") to launch and operate DIRECTV 98, a hybrid Direct Broadcast Satellite and Ka—band space station,at the nominal 101° W.L. orbital location." In accordance with paragraph 29(c)oftat authorization and Section 25.165 of the Commission‘s rules, DIRECTV posted a $3 million performance bond to secure its compliance with four milestone requirements. Specifically, the authorization called for execution of a satellite construction contract, Critical Design Review, commencement ofphysical construction, and launch and operation ofthe satelit, and established a July21, 2011 deadine for achieving the final milestone. As confirmed by the attached Declaration, the DIRECTV98 satellite was successfully Iaunched on October 13, 2006, and began regular operations at ts authorized orbital location on December 18, 2006. Obviously, in order to achieve launch and operation, DIRECTV necessarily proceeded through the earlier requirements by contracting for and building the satellte. Accordingly, DIRECTV submits that it has ! DIRECTY Enterprises, LLC, 21 FCC Red. 8028 (lnI Bur. 2006)

Marlene It. Dortch December 20, 2006 Page 2 sutisfied all four milestone requirements in its authorization well in advance ofthe required dates, and is therefore entitled to cancel its performance bond." DIRECTV believes that no further showing should be necessary. However, to the extent the Commission might otherwise require a showing with respect to the first three milestones, DIRECTV submits that a waiver of such showings would be appropriate. The Commission may waive its rules where there is good cause to do so, as in cases where special circumstances warrant a deviation from the general rule and such deviation would better serve the public interest than would strct adherence to the general rule." DIRECTV presents just such a case here.. As the Commission stated when it adpted the milestone requirement, "(mJilestones are intended to ensure that licensees provide service to the public in a timely manner, to prevent warchousing ofscarce orbit and spectrum resources."* Similarly, the Commission adopted a performance bond requirement in the expectation that, "bly requiring satelite lcensecs to make a financial commitment to construct and launch their satelites, we help deter speculative satellite applications, and help expedite provision of service to the public."" Given that DIRECTV 98 has already been launched and commenced operations, the concems underlying the milestone and bonding requirements are no longer applicable. Thus, a waiver would not undermine the rule but would manifestly serve the public interest in these circumstances. If you have any questions, please do not hesitate to contact undersigned counsel. Sincerely yours, William M. Wiltshire Counselfor DIRECTVEnterprises, LC Enclosure cc: Robert Nelson Andrea Kelly See 47 CER. § 25.168(d) (a GSO—lik lcensee is permited t educe the amount of the bond by 25% ofth oriial bond amount upon successflly meetig each milestone} 2. See 47 CER. § 1.3; Northast Celier Telephone Co v. FCC, 97 F28 1166 (D.C. in 1900); i. Redio v. FCC, 418 F2d 1183 (D.C. C1969);Telest Canade, 17 CC Red. 25287, 25292 and n 36 (Inl Bur,2002)(ciing case) * See Amendmentofhe Commision‘sSpace StationLicensing Rules and Polices, 18 FCC Red. 10780 tos27 @002) * id ar082s,

DECLARATION 1, James R. Butterworth, Senior Vice President, Engineering and Operations, DIRECTV Enterprises LLP, hereby certify as follows: L. The DIRECTV 98 spacecraft was successfully launched from the Arianespace facility in Kourou, French Guiana, on October 13, 2006. 3. After completion of in—orbit testing, DIRECTV 98 was placed in its assigned orbitl location of 101.10° W.L. and began operations on December 18, 2006. ées R: Butterworth ior Vice President, Engineering and Operations DIRECTV Enterprises, LLP Date:— December 19, 2006


Document Created: 2007-01-25 14:09:49
Document Modified: 2007-01-25 14:09:49
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