Attachment Congressional B

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

IBFS_SESLIC2002010900023_277219

FEDE RAL COM M u N ICATI o Ns COM M Iss Io N W A S H I NGTON OFFICE O F August 6,2002 THE C H A I R M A N The Honorable Rick Santorum United States Senate 120 Russell Senate Office Building Washington, D.C. 205 10 Dear Senator Santorum: Thank you for your June 4,2002 letter concerning the request by Digital Broadband Applications Corp. (“DBAC”) to provide competitive interactive video and high-speed Internet services to U.S. consumers via an advanced hybrid satellite network. Specifically, DBAC seeks to operate earth stations in the United States with Canadian-licensed Direct Broadcast Satellite (“DBS”) and U.S.-licensed Fixed-Satellite Service satellites (as well as using terrestrial Local Multipoint Distribution Service spectrum, where available) to deliver its proposed service. I respect the serious nature of the issues raised in your letter and appreciate the opportunity to assure you of my commitment to facilitate competition in the multichannel video and broadband marketplaces, as well as technical innovation. The Commission’s International Bureau placed the DBAC Application on Public Notice, establishing a comment cycle that closed in March 2002. In response, several parties filed comments, along with one Petition to Deny. DBAC’s application presents a myriad of complex issues. In the record of the proceeding, DBAC asserts that its service should not be considered purely a DBS service because DBAC intends to provide integrated two-way video data. (By comparison, DBS is a one-way service.) This is an important distinction because the United States schedule of commitments under the World Trade Organization Agreement en Bisic Telecommunications Services includes an exemption from most-favored-nation obligations for DBS. Under the exemption, the United States is not required to extend most-favored nation treatment in evaluating applications to access non-U.S. satellite systems for such non-covered services. Therefore, if it were determined that the proposed DBAC service is solely a DBS service, under Commission precedent, DBAC will have to satisfy an effective competitive opportunities for satellite services (“ECO-SAT”) test demonstrating that U.S. companies have effective competitive opportunities to provide DBS service in Canada. Parties opposing the DBAC application contend that DBAC will not be able to make the ECO-SAT showing, and that waiver of the test is not warranted. We will include a copy of your letter in the record of this proceeding. The Commission staff currently is conducting a thorough review of the DBAC Application and the public record in the proceeding. I assure you that in its review, the staff will fully consider the points raised in

Page 2-The Honorable Rick Santorum-August 6,2002 your letter, and that action on the DBAC Application will be completed as expeditiously as possible. I appreciate your taking the time to let me know of your interest in this matter. Please do not hesitate to contact me if you have any further questions or concerns. ea Sincerely, Michael K. Powell Chairman

C0MMllTEF.S: RICKSANTORUM PENNSYLVANIA ARMED SERVICES RANKING MFMBER REPUBLICAN CONFERENCE S”BCOMM,TTEE ON AIRLAND FORCES CHAIRMAN BANKING, HOUSING, AND URBAN AFFAIRS WASHINGTON. DC 120 RUSSELL SENATE OFFICE BUILDING RULES AND ADMINISTRATION WASHINGTON, DC 20510 (202) 224-6324 http://santorum.senate.gov SELECT COMMllTEE ON AGING JOINT COMMIII’EE ON PRINTING June 4,2002 The Honorable Michael Powell Chairman, Federal Communications Commission 445 12’h Street, N.W. Washington, D.C. 20554 I support industry cleveiopnlcnts that will llcl1-1 sp11r ccoiIc)Inic gro\;~tll and lljaitiiail1 Ii.:;. technological leadership, including in the communications marketplace. American technological leadership to date has been aided by a system that rewards entrepreneurial risk and a policy regime that permits competitive entry. I I therefore request that the Federal ications Commission (“FCC”) consider in a timely manner Digital Broadband Applications (“DBAC”) application to provide an interactive video consumers across the United States. Such a grant would support competition in the multichannel video and broadband marketplaces, as well as DBAC’s use of satellites - Multipoint Distribution Service (“LMDS”) spectrum where available - will an important alternative for Americans for broadband video and data programming and two-way high-speed Internet Pennsylvania and across America in particular. In addition, DBAC’s application represent innovation in interactive video service. DBAC’s subsidiary was the first provider of digit 1, interactive cable, and holds a patent for interactive television set-top box technology. MO eover, DBAC’s work with its technology partner to develop new applications for LMDS sp ctrum, namely meshed-network non-line of sight Internet access, should be considered, partic larly when this application promises to raise the value of such spectrum. For all the above reas ns, I urge you to consider the merits of the DBAC’s application and encourage its approval. hank you for your assistance and commitment to American consumers. I Sincerely, 204 WV CA 01 El nnr ZG* l Rick Santorum Unitqd States Senator 0 ALLENTOWN 0 ALTOONA REGENCY SQUARE 0 COUDERSPORT ROAD 1, Box 152 0 ERIE i 0 1705 WEST 26~~ STREET HARRISBURG 555 WALNUT STREET 0 PHILADELPHIA WIDENER BUILDING 0 PITTSBURGH LANDMARKS BUIWINC 0 SCRANTON 527 LINDEN STREET 3408 FEDERAL OFFICE BUILDING 504 WEST HAMI~ON STREET sum 202 COUDERSPORT. PA 16915 ERIE, PA 16508 FIRST FLOOR ONE SOUTH PENN SQUARE ONE STATION SQUARE SCRANTON. PA 18506 ALLENTOWN, PA 18105 ROUTE 220 NORTH (814) 274-9773 (814) 454-7114 HARRISBURG, PA 17101 Sum 96D SUTTE 250 (570) 344-8799 (610) 77&0142 ALTOONA. PA 16601 (717) 231-7540 PHILADELPHIA. PA 19107 Prrrssu~c~. PA 15219 (814) 9467023 (215) 864-6900 (412) 562-0533


Document Created: 2002-08-21 14:06:16
Document Modified: 2002-08-21 14:06:16
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