Attachment ex parte

ex parte

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by TELESAT

ex parte

2004-06-21

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

IBFS_SATSTA2003090300300_381557

                                  EX PARTE OR &AT%FILED                                              ORIGINAL
                          Wiley Rein &Fielding LLP

                                                       JL
                                                       J \.I
                                                                      RECEIVED
                                                                      - -
                                                                                                     Bert W. Rein
1776 K STREET NW
                          June 7,2004                                                                202.719.7080
WASHINGTON, OC 20006
                                                                                                     brein@wrf.com
PHONE 202.719.7000
FAX      202.719.7049


Virginia Office
7925 JONES BRANCH DRIVE   Federal Communications Commission
SUITE 6200
                          445 12th Street. SW
McLEAN, VA 22102                                                                                        *- ‘‘1Y dQflch
PHONE    703.905.2800     Washington, DC 20554                                                ‘i-8   ‘t3rn~fio,,
FAX      703.905.2820
                                                                                                              a’hreau
                          Re:    DIRECTV Enterprises, LLC, Request for Special Temporary Authority to
                                 Relocate DIRECTV 3 to 82” W.L. and To Conduct Telemetry, Tracking and
www.wrf.com
                                 Command (“TTAC”) Operations for an Interim Period, File No. SAT-STA-
                                 20030903-00300

                          Dear Ms. Dortch:

                          Telesat Canada (“Telesat”), by its attorneys, pursuant to Section 1.1206 of the rules
                          of the Federal Communications Commission (“FCC”),’ provides this notice of an
                          oral ex parte presentation in the above-referenced proceeding in which DIRECTV
                          Enterprises, LLC (“DIRECTV”) seeks special temporary authority to relocate the
                          DIRECTV 3 satellite to the Canadian 82” W.L. broadcast satellite service orbital
                          location.
                                                           i
                          On June 4,2004, Bert W. Rein of Wiley Rein & Fielding LLP, counsel to Telesat
                          Canada (“Telesat”), had a phone conversation with Roderick Porter, Deputy Chief,
                          International Bureau, FCC. The purpose of the call was to reiterate Telesat’s
                          immediate customer need for prompt grant of the long pending STA request.

                          During the call, the participants discussed the provision in Telesat’s and
                          DIRECTV’s commercial arrangement that requires Telesat to return the DIRECTV
                          3 satellite to DIRECTV in the event that DIRECTV experiences two catastrophic
                          failures with its satellite system. Telesat explained that this “repatriation” provision
                          is of commercial, not regulatory, significance. Specifically, the parties decision to
                          include in the commercial arrangement of a highly contingent return of the satellite
                          from a Canadian orbital location to a U.S. orbital location should not impede with
                          regulatory approval of the initial transfer where, as here, that transfer would be
                          approvable without the “repatriation” provision.




                           I      47 C.F.R. $1.1206.


Wdey Rein & Fielding LLP


Ms. Marlene H. Dortch
June 7,2004
Page 2


Should you have any questions, please contact the undersigned counsel for Telesat.
Thank you.

Sincerely,



Bert W. Rein

cc:    Roderick Porter, IB
       Karl Kensinger, IB



Document Created: 2004-06-21 17:02:06
Document Modified: 2004-06-21 17:02:06

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