Attachment Petition

Petition

PETITION TO DENY submitted by Pegasus Development Corporation

Petition

2004-04-26

This document pretains to SES-LFS-20040112-00023 for License to use Foreign Satellite (earth) on a Satellite Earth Station filing.

IBFS_SESLFS2004011200023_371720

0R IGINAL BEFORE THE R f CEl VED FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 APR 2 6 2004 In the Matter of DIRECTV Enterprises, LLC ) SES-LFS-20040122-00023 1 Application for Blanket Authorization for 1 1,000,000 Receive Only Earth Stations to 1 Provide DBS Service to the U.S. Market in 1 MAY 5 2004 BSS Spectrum from the 72.5”W Orbital 1 Location using the DIRECTV 5 Satellite 1 PETITION TO DENY Pegasus Development Corporation (“Pegasus”) hereby files this Petition to Deny the above-captioned application of DIRECTV Enterprises, LLC (“DIRECTV”) to use the last remaining licensed high-power, full-CONUS orbital location. As Pegasus demonstrated in previous filings in related proceedings,’ DIRECTV’s proposal to provide direct broadcast satellite (“DBS”) service from a Canadian-licensedorbital location would undermine the Commission’s pro-competitive policies and would be contrary to FCC policy limiting the provision of such services to new entrants - a policy established a year ago in DBAC and reaffirmed just recently.* Neither DIRECTV’s self-proposed obligation to provide local services 1 See Petition to Deny, File No. SAT-STA-20040107-00002 (January 7,2004); Petition for Reconsideration, MB Docket No. 03-124 (February 13,2004); Reply and Supplemental Comments, MB Docket No. 03- 124, Files Nos. SAT-STA-20040107-00002, SAT-STA- 20030903-00300 (April 5,2004). Pegasus incorporates by reference its pleadings filed in those proceedings. See In the Matter of Digital Broadband Applications Corp., 18 FCC Rcd 9455, at f 17 (2003) (“DBAC is not a dominant incumbent in U.S. DBS services.”); In the Matter of Pegasus Development Corporation, DA 04-909, at f 1 (March 3 1,2004) (“This decision, as well as our decision to grant a similar application filed by [DBAC], should stimulate competition in the U.S.

to additional markets nor the Commission policy established in 1972, favoring mutual assistance by U.S. and Canadian satellite operators in times of capacity need, provide a basis for ignoring the existing DBAC policy and the anticompetitive results. For these reasons and those provided in Pegasus’ prior confidential filing, DIRECTV’s application should be denied. Moreover, the Commission cannot consider granting the DIRECTV application without full and open disclosure of all relevant information, including the agreements between DIRECTV and Telesat regarding the use of DIRECTV 5 at 72.5°W.3 Despite the pendency of this proceeding and the proceeding involving DIRECTV’s request to relocate DIRECTV 5 to 72.5”W, DIRECTV has yet to release publicly any contractual document that even references DIRECTV 5. Such a dearth of publicly-available information is insufficient for an effective, informed discussion of the substantial policy matters at issue, and the Commission should require DIRECTV to disclose fully the terms of its agreements with Telesat. DBS market, providing consumers more alternatives in choosing subscription video providers and services.”) (emphasis added). While counsel for Pegasus has reviewed and commented on alleged confidential materials, pursuant to a Protective Order, DA 04-755 (March 22,2004), those comments are limited in their effectiveness by Pegasus’ inability to engage Commission staff in exparte discussions and by the inability of the public to review and consider concerns raised in the comments.

Respectfully submitted, Pegasus Development Corporation By: SHAW PITTMAN LLP 2300 N Street, N.W. Washington, D.C. 20037 (202) 663-8000 Its Attorneys Dated: April 26,2004

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing pleading was sent by first- class mail, postage prepaid, or hand delivery (*) on April 26,2004 to the following: Michael Powell* Kathleen Q. Abernathy* Chairman Commissioner Federal Communications Commission Federal Communications Commission Portals I1 Portals I1 445 12th Street, S.W. 445 12th Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554 Michael J. Copps* Kevin J. Martin* Commissioner Commissioner Federal Communications Commission Federal Communications Commission Portals I1 Portals I1 445 12th Street, S.W. 445 12th Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554 Jonathan S. Adelstein* Christopher Libertelli* Commissioner Senior Legal Advisor Federal Communications Commission Federal Communications Commission Portals I1 Portals I1 445 12th Street, S.W. 445 12th Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554 Matthew Brill* Jordan Goldstein* Senior Legal Advisor Senior Legal Advisor Federal Communications Commission Federal Communications Commission Portals 11 Portals I1 445 12th Street, S.W. 445 12th Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554 Daniel Gonzalez* Lisa Zaina* Senior Legal Advisor Senior Legal Advisor Federal Communications Commission Federal Communications Commission Portals I1 Portals I1 445 12th Street, S.W. 445 12th Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554

James Bird* Neil Della* Federal Communications Commission Federal Communications Commission Portals IT Portals I1 445 12th Street, S.W. 445 12th Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554 Barbara S. Esbin* Jennifer Gilsenan* Federal Communications Commission Federal Communications Commission Portals I1 Portals I1 445 1 2 ' ~Street, S.W. 445 12* Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554 Marcia Glauberman* Karl Kensinger* Federal Communications Commission Federal Communications Commission Portals I1 Portals I1 445 1 2 ' ~Street, S.W. 445 1 2 ' ~Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554 J o h n Lucanik* John Martin* Federal Communications Commission Federal Communications Commission Portals I1 Portals I1 445 12th Street, S.W. 445 1 2 ' ~Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554 Rockie Patterson* Thomas Tycz* Federal Communications Commission Federal Communications Commission Portals 11 Portals I1 445 1 2 ' ~Street, S.W. 445 1 2 ' ~Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554 Linda Senecal* Douglas Webbink* Federal Communications Commission Federal Communications Commission Portals I1 Portals I1 445 1 2 ' ~Street, S.W. 445 12th Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554 Tracy Waldon* Simon Wilkie* Federal Communications Commission Federal Communications Commission Portals I1 Portals I1 445 12th Street, S.W. 445 12th Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554

Jay Whaley* James Barker Federal Communications Commission Latham & Watkins LLP Portals I1 555 Eleventh Street, NW, Suite 1000 445 lYh Street, S.W. Washington, DC 20004 Washington, D.C. 20554 Counselfor DIRECTV Enterprises, LLC Document #: 1397405 v.2


Document Created: 2004-05-05 14:39:50
Document Modified: 2004-05-05 14:39:50
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