Attachment Attachment A

This document pretains to SES-STA-20110919-01122 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2011091901122_917447

DG FastChannel, Inc. Request for Special Temporary Authorization Attachment A DESCRIPTION OF APPLICATION In the instant application, DG FastChannel, Inc. (“DG FastChannel”) requests special temporary authorization (“STA”) to operate an earth station facility, Call Sign E980336,1 during the pendency of the pro forma license assignment application for this facility, which is being filed concurrently with this request. As explained in the companion pro forma assignment application, the current earth station license holder is Pathfire, Inc. (“Pathfire”). On December 17, 2010, Pathfire merged with and into DG FastChannel, with DG FastChannel being the surviving entity. As had been reported previously to the Commission, Pathfire was a wholly owned subsidiary of DG FastChannel prior to the date of merger.2 Due to an administrative oversight, the parties inadvertently failed to file an application for consent to assign the above-mentioned earth station license during the course of the transaction. DG FastChannel recently became aware of the mistake in preparation for its 2011 regulatory fee submission. DG FastChannel regrets this oversight and, through this filing and its contemporaneous pro forma earth station license assignment application, is taking prompt action seeking to rectify the oversight. The instant STA request is the first step in this process, as it would authorize DG FastChannel’s continued operation of the earth station facility while the Commission considers the pro forma assignment application. DG FastChannel provides digital media distribution and management solutions to the television, media, and entertainment industries. It operates the largest domestic network designed specifically for advertising spot distribution. Broadcasters rely on DG FastChannel’s distribution system to deliver programming and advertisements to their stations via an IP-based platform, eliminating the need for video tapes. DG FastChannel does not use the earth station facility at issue to provide a telecommunications service subject to Title II of the Communications Act of 1934, as amended. Rather, DG FastChannel utilizes the facility to carry DG FastChannel’s own communications as part of its underlying business. Specifically, the earth station facility is used to provide expanded capacity to DG FastChannel’s distribution network and serves as a back up for other video distribution paths.3 1 See File No. SES-LIC-20090304-00240. 2 See File No. SES-T/C-20070531-00740. Accordingly, the authorization requested in the companion license assignment application would result in no change in the ultimate control of the license and, thus, is pro forma in nature. 3 DG FastChannel also holds an earth station license, Call Sign E090202, through which it operates one 4.6 meter antenna that transmits and receives data and video. See File No. SES-LIC-20091111-01444.

Without the additional capacity afforded by the earth station facility, DG FastChannel’s distribution network may become congested, which could diminish the quality of service provided to its customers. Grant of the STA would allow DG FastChannel to continue to distribute programming and advertisements to broadcast stations at the high level of quality and reliability to which its customers are accustomed. Therefore, the public interest would be served by the grant of the requested STA, because it would facilitate DG FastChannel’s provision of high-quality video delivery service to its customers, which in turn would ensure the continued availability of broadcast and media services provided by those customers to the public. Due to the non-substantial nature of the pro forma assignment at issue, there are no public interest harms that would weigh against these public interest benefits. DG FastChannel is a Delaware corporation and a publicly traded company headquartered at 750 West John Carpenter Freeway, Suite 700, Irving, Texas 75039. As a publicly traded company, the stock of DG FastChannel is widely held. Based on publicly available SEC filings, FMR LLC and affiliates beneficially owned approximately 15.5% of DG FastChannel’s voting stock as of March 31, 2011. FMR LLC is a limited liability company formed under the laws of the Commonwealth of Massachusetts, and its address is 82 Devonshire Street, Boston, MA 02109. There are no other stockholders holding 10 percent or more of DG FastChannel’s voting stock. The following are the directors and senior officers of DG FastChannel, Inc., all of whom can be reached c/o DG FastChannel, Inc., 750 West John Carpenter Freeway, Suite 700, Irving, Texas 75039: Name Title Scott K. Ginsburg Chief Executive Officer, Chairman of the Board Neil H. Nguyen President and Chief Operating Officer and Director Omar A. Choucair Chief Financial Officer and Director William Donner Director Lisa C. Gallagher Director Kevin C. Howe Director David M. Kantor Director Cecil Moore Director John R. Harris Director Jeffrey A. Rich Director 2


Document Created: 2011-09-19 11:24:07
Document Modified: 2011-09-19 11:24:07
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