Attachment review

review

REQUEST submitted by SES

review

2004-03-29

This document pretains to SAT-STA-20030903-00300 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2003090300300_367405

PAUL, WEISS. R I F K I N D . W H A R T O N 8 G A R R I S O N L L P ~ ~ ~ ~ ~ ~ ~ WASnlNGTON D M. S S IJOSEPH DALE EJ.SARRO NSIMONS T I N PATRICK S. CAMPBELL I 285 AVENUE OF THE AMERICAS KENNETH A. GALLO PHILLIP L. SPECTOR 1615 LSTREET. NW ROBLAT P . PARKER STUART 0. STEINGOLD NEwmRK. KI IoOlodQM WASHINOTON. DC 20036-5094 WARREN 8 . RUDMAN. OF COUNSEL TELEPHONE (2 12) 573-5000 TELEPHONE ( 2 0 2 ) 223-7300 FACSIMILE (2 I U 757-39Qo PARTNERS NOT RESIDENT IN WASHINGTON FACSIMILE (202) 223-7420 02, RUE DU FAUBOURG SAINT- HONOR^ LLOYD K . GARRISON (1946-1WI) 7 5 0 0 8 PARIS, FRANCE RANDOLPH E. PAUL (1-1050) TELEPHONE (33 I) 53 43 14 14 SIMON H . RlFKlND (19501W5) FACSIMILE (331 ) 53 43 00 E 3 LOUIS 5 . WEISS ( I 927- 1950) JOHN F. WHARTON (1927-1977) N K O K U SElMEl BUILDING 2-2 UCHlSAlWAlCHO 2-CHOME CHIYODA-KU. TOKYO 100-001I, JAPAN TELEPHONE (81-3)3597-8 I O I FACSIMILE (81-3) 3597-8 I 20 ORIENTAL PW, mwm ~3 WRITER’S DIRECT D I A L NUMBER sum I205 NO, I EAST CHANG AN AVENUE DONG CHENG DISTRICT 202-223-7340 BEIJING. I 0 0 7 3 8 WRITER’S DIRECT F A C S I M I L E PEOPLE’S REPUBLIC OF CHINA TELEPHONE (8510) 8518-2766 FACSIMILE ( 8 5 I O ) 85 I8-27WO I 202-223-7440 WRITER’S DIRECT E - M A I L ADDRESS I E M FLOOR, HONG KONG CLUB SUlLDlNG 3 A CHATER ROAD, CENTRAL HONG KONG pspector@paulweiss.com TELEPHONE (852) 2530+933 FACSIMILE (852) 253O-Q0EE ALDER CASTLE I O NOBLE STREET LONDON ECEV 7JU. U.K. TELEPHONE (44 2 0 ) 7 3 0 7 I O 0 0 FACSIMILE (44 20) 7 3 6 7 I O 5 0 March 29,2004 +Wg;;,ElgblE DC BAR By Hand Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, N.W., Washington, DC 20554 Re: DIRECTV Enterprises, LLC, Request for Special Temporary Authority to Relocate DIRECTV 3 to 82” W.L. and to Conduct Telemetry, Tracking and Command, Order Adopting Protective Order, File No. SAT-STA- 20030903-00300. DA 04-755 (Int’l Bur., Mar. 22, 2004) (the “Order”). Dear Ms. Dortch: The undersigned, a partner at Paul, Weiss, Rifkind, Wharton & Garrison LLP (“Paul, Weiss”), and Diane C. Gaylor, a Paul, Weiss associate, in their capacities as outside counsel to SES AMERICOM, Inc. (“SES AMERICOM”), hereby submit this request to review the documents that are the subject of the above-captioned Order,’ and to each become a “Reviewing Party” under the terms of the associated Protective Order.* I These documents consist of filings submitted to the Commission by DIRECTV Enterprises, LLC (“DIRECTV”) on October 7,2003, December 17,2003, and January 13,2004. See Order at 2; Protective Order, 7 1 . 2 Order at 2; Protective Order, 7 1

P A U L , WEISS, R I F K I N D . WHARTON 8 CARRISON LLP 2 SES AMERICOM is an interested party in the captioned proceeding, and is a participant in the proceeding related to the application of DIRECTV to move the DIRECTV 5 satellite to 72.5” W.L. (SAT-STA-20040107-00002), cited as a “Relevant Proceeding” in the Protective Order.3 The undersigned and Diane Gaylor meet the requirements for permissible disclosure contained in the Protective Order,4 and have each executed an Acknowledgement of Confidentiality,’ which documents are attached. This request is being served simultaneously herewith on DIRECTV Enterprises, LLC (“DIRECTV”). Under the terms of the Order, DIRECTV is required to “provide copies of the documents to a Reviewing Party, once that Reviewing Party has executed and delivered the Acknowledgement of Confidentiality that is part of the Protective Order attached to this Order,”6 a condition that is hereby satisfied. Please direct any questions to the undersigned. RespeCtfully submitted, Phillip L. Spgctor Attorney for SES AMERICOM, Inc. Attachments cc (via e-mail, with attachments): James Barker, Esq., Attorney for DIRECTV (also by hand) Jay Whaley, FCC Chip Fleming, FCC Neil Dellar, FCC 3 Protective Order, 7 3. 4 See Protective Order, 77 2,s. ’ See Order, Appendix B. 6 Order at 2.

Federal Communications Commission DA 04-755 APPENDIX B Acknowledgment of Confidentiality I hereby acknowledge that I have received and read a copy of the foregoing Protective Order in the above-captioned proceeding, and I understand it. I agree that I am bound by the Protective Order and that I shall not disclose or use Confidential Information except as allowed by the Protective Order. I acknowledge that a violation of the Protective Order is a violation of an order of the Federal Communications Commission. Without limiting the foregoing, to the extent that I have any employment, affiliation or role with any person or entity other than a conventional private law firm (such as, but not limited to, a lobbying or public interest organization), I acknowledge specifically that my access to any information obtained as a result of the order is due solely to my capacity as Counsel or consultant to a party or other person described in paragraph 5 of the foregoing Protective Order and that I will not use such information in any other capacity nor will I disclose such information except as specifically provided in the Protective Order. I hereby certify that I am not involved in “competitive decision-making’’ as that term is used in the definition of In-House Counsel in paragraph 2 of the Protective Order. I acknowledge that it is my obligation to ensure that: (1) Confidential Information is used only as provided in the Protective Order; and (2) the documents are not duplicated except as specifically permitted by the terms of paragraph 10 of the Protective Order, and I certify that I have verified that there are in place procedures, at my firm or office, to prevent unauthorized disclosure of Confidential Information. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Protective Order. .Rgz&% [Name] Phillip L. Spector [Position] Partner Paul, Weiss, Rifkind, Wharton & Garrison LLP [Address] 1615 L Street, N.W., Suite 1300 [Telephone] Washington, DC 20036 (202) 223-7340 8

F‘dcrad Cormun ica6iun s Co rnmiss ion DA 04-75 .I\cknowlcdgmcnl o f Confidentiality I hercby acknowledge U w I havc T C C C ~ V Catid ~ read a copy of the forogoiiig Proicctivc Ordcr in thc abovc-captioned prmecding, and I understand it. 1 agree that I am bound by the Protcctive Order an4 that 1 shall not disclosc or USC Confidaitial Information cxccpt as allowcd by thc Protective Ordcr. I ackiiowledgc that a violation or the Yroteaivc Ordcr is a violation of all ordcr of the Federal Coinmuri[cations C~ommission. Without limiting thc foregoing, to the httent that 1 have any employmenl, affiliation or rolc with aiiy pcrson or ciitity other than a conventional private law firm (such as, but not lirnitcd to, a lobbying or public interest orsanization), I acknowkdge specifically that my access to any infmatiou obraincd as a izsult ol‘ the order is due solely lo my capacity as Counscl or consultant 10 a p“1y or othcr person dcscribcd in pangraph 5 or the foregoing Prorcctivc Order and h a t I will not use such iofonnation in any other cqmcily aor will 1 disclosc such information cxcep as specifically provided in lhc l’rolcctive Order. 1 hereby cenify thal Ian not involved in “coinpetilivc decision-making” as that c ~ n 1 1is used in thc clefitlition ol‘ In-1Tousc Counsel in parapaph 2 o1’01e Protective Ordcr. I acknowledge that it is my obligaiioii to cnsure hat: (1) Conlidenrial Infonnation is used only as providcd iii the J’roteclive Ordcr; arid (2) the ctocumcnts are not duplicated except as specifically pcrmitted by thc terms of paragraph 10 of the PmteclEve Odcr, a i d I cenirL that I havc verified tha! then: are in place procedures, at my firm or office, to prevcnt wmuthorixed disclosurc of Confidential In formation. Cupihlizcd ~wmsuscd herein and not orhowise dditted shall have the meanings ascribcd to them in Ihc Protcctivc Order. x +5873152289 PAGE. 82 MQR 25 2004 16:22


Document Created: 2004-04-06 18:11:40
Document Modified: 2004-04-06 18:11:40
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