Attachment Congressional Letter

This document pretains to SES-LIC-20020109-00023 for License on a Satellite Earth Station filing.

IBFS_SESLIC2002010900023_260596

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                                                WASHINGTON . DC 2051WMOZ


                                                   April    23, 2002

         The Honorable Michael Powell                               d

         Chairmall
         Federal Communications Commission
         Washington, D.C. 20554

         Desr Mr. Powell,

                 I am writing on behalf of Digital Broadband Applications Corporation (‘T)BAC), a constituent
         company headquartered in Conshohocken, Pennsylvania. On January 8,2002, DBAC submitted an
         application for an earth station license to provide DBS/Intemet services in the US. using two satellites
         of the Canadian operator, ExpressVu. DBAC asserts that ifits application is approved, it would result
         in increased deployment of broadband services and would increase competition in’ the Direct Broadcast
         &n&es market.

                  You have before you a merger proposal f?om Echostar Communica~ons Corporation to
         acquire Hughes, which owns DirecTV. In this light, I would like to direct ymr atten$on to a WaZf
         &reef JoumaZ ax-tide of March 5,2002 regarding Echostar’s negotiations with SES Global SA, a
         foreign-owned company headquartered in Luxembourg, to form a joint venture to provide high-speed
         Internet connections to US. consumers. SES Americom, the U.S. subsidiary of SES %Iobal, has
         petitioned to deny DBAC’s application to provide competitive imegrated broadband video and data
         services to U.S. consumers.

                 I urge in your review of the Echostar proposal, and in your interagency deliberations with the
         FCC, that you consider moving on pending applications for new entrauts into the market prior to
         approving a merger between the only two DBS providers in the U.S. market. An entity such as DBAC
         is one of those potential new entrants that has applied to offer a competitive satellite broadband video
         and data service in the U.S. In this consolidating market, it is critical for U.S. consumers, both in rural
         and urban areas, that our government &cihtate competition in the satellite video and data market.

                 Thank you for your consideration of this request.

                 My best.
                                                      S’    rely,



         AS&
                                                    ii&-   Specter
                                                                                                  .    -3


                          FEDERAL    COMMUNICATIONS        COMMISSION
                                          WASHINGTON


                                           May 20,2002




The Honorable Arlen Specter
United States Senate
711 Hart Senate Office Building
Washington, D.C. 205 10

Dear Senator Specter:

       Thank you for your letter of April 23.2002, concerning the application filed by Digital
Broadband Applications Corporation (“DBAC”) to provide competitive integrated broadband
video and data services to U.S. consumers via an advanced hybrid satellite network. In your
correspondence, you request that the Commission consider acting on pending applications for
new entrants in the satellite broadband video and data service market, such as the DBAC
Application. prior to approving the pending transaction involving EchoStar Communications
Corporation and General Motors Corporation’s subsidiary, Hughes Electronics Corporation,
which includes its satellite television unit. DirecTV.

        The Commission’s International Bureau placed the DBAC Application on Public Notice
in January 2002, and established a comment cycle that closed in March 2002. As you note in
your letter, parties have filed petitions to deny the DBAC Application. The Commission staff
currently is reviewing the DBAC Application and the pleadings filed in the proceeding. I assure
that the Commission will act on the DBAC Application as expeditiously as possible.

         With regard to the EchoStar/DirecTV proceeding that you cite in your letter, I have
established a special team of Commission staff to coordinate and oversee the Commission’s
review of the license transfers applications. which were filed on December 3,200l. The
Commission issued a Public Notice on December 21. 2001, establishing a pleading cycle that
closed on February 25, 2002. Parties filed more than 50 pleadings, including petitions to deny,
comments. and replies. On April 19. 2002. rhe Commission’s Media Bureau issued a further
Public Notice in that proceeding seeking comment on a proposal submitted by EchoStar and
Hughes to launch and operate a Direct Broadcast Satellite with spot-beam technology capable of
pro\,iding local-into-local service. The Bureau found that this application raised issues that are
directly relevant to the issues under consideration in the license-transfer proceeding, and thus is
treating it as a major amendment to the EchoStar/DirecTV proposed transaction. The pleading
cycle for that Public Notice closes on June 4, 2002.

        Please be assured that the Commission is committed to providing each proposal a careful
and thorough review, and intends to consider fairly the issues involved in applications that may
bring benefits. such as new advanced and broadband services, to the U.S. consumer. In that
regard. we will include a copy of your letter in the record of each of these proceedings. I


Page 2-The Honorable Arlen Specter-May 20,2002


appreciate your views and correspondence on this matter. Please do not hesitate to contact me if
you have any further questions or concerns.




                                                    Michael K. Powell
                                                    Chairman



Document Created: 2002-05-22 11:07:09
Document Modified: 2002-05-22 11:07:09

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