Ex_Parte_Notificatio

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by HNS License Sub, LLC

Ex Parte Notice re: 7/10 Mtg w/ P. Blais

2012-07-12

This document pretains to SES-STA-20120703-00629 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2012070300629_959364

STEPHEN D. BARUCH 202.416.6782 SBARUCH@LERMANSENTER.COM DAVID S. KEIR 202.416.6742 DKEIR@LERMANSENTER.COM July 12, 2012 BY ELECTRONIC POSTING Marlene H. Dortch, Secretary Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Re: HNS License Sub, LLC, Modification of License Applications for Call Signs E060445 (File Nos. SES-MFS-20120322-00290, SES-AFS-20120426- 00396 and SES-STA-20120703-00629) and E110149 (File Nos. SES-MFS- 20120426-00395 and SES-STA-20120626-00616) – Ex Parte Presentation Dear Ms. Dortch: This letter is submitted in accordance with Section 1.1206(b) of the Commission’s Rules (47 C.F.R. § 1.1206(b)) to report an ex parte meeting on Tuesday, July 10, 2012 between Steven Doiron of HNS License Sub LLC (“Hughes”) and Paul Blais, Chief of the System Analysis Branch, Satellite Division, of the FCC’s International Bureau, during which matters relating to the pending satellite earth station applications referenced above were discussed.1 The meeting addressed both pending applications for license modification and pending requests for special temporary authority (“STA”) with respect to licensed Call Signs E110149 and E060445. Mr. Doiron explained briefly that Hughes and Iridium, which has opposed both modification applications, disagree concerning the sufficiency for purposes of avoiding harmful interference of the established 225 kilometer coordination radius that governs inter-service sharing between geostationary (“GSO”) fixed-satellite service (“FSS”) links and non-GSO FSS 1 Each of these proceedings was made subject to the FCC’s “permit-but-disclose” ex parte procedures as of the date of the meeting. See FCC Public Notice, “Satellite Communications Services Information: Actions Taken,” Report No. SES-01466, at 4 (released July 11, 2012).

Ms. Marlene H. Dortch July 12, 2012 Page 2 gateway links. See, e.g., Hughes’ Opposition to Emergency Petition to Dismiss or Deny, SES- MFS-20120322-00290 & SES-AFS-20120426-00396, at 4-6 (filed July 2, 2012). He further noted that the STA requested on June 26, 2012 for the Hughes gateway station in North Platte, Nebraska is now fully grantable, as Iridium has accepted the use of this facility for in-orbit testing (“IOT”) subject to mutually-agreed conditions stated in the recent exchange of correspondence between Hughes and Iridium. See Letter from Steven Doiron, Hughes, to Donna Bethea-Murphy, Iridium, dated June 27, 2012 and Letter from Donna Bethea-Murphy, Iridium, to Steven Doiron, Hughes, dated July 9, 2012. In addition, a second STA request, which was filed July 3rd and covers the remote terminals used in connection with Hughes’ existing satellite broadband service, is also now grantable in that Hughes has similarly proposed therein to exclude use of the contested band until the FCC acts upon the underlying application. See FCC File No. SES-STA-20120703-00629. As an alternative to the requested STA grants, Hughes has also separately proposed with respect to each pending modification that the FCC issue partial grants, excluding the contested frequencies, and deferring final decisions on the use of the 29.25- 29.3 GHz portion of the band until a later date. See Letter from Stephen D. Baruch, Counsel to Hughes, to Marlene H. Dortch, Secretary, FCC, File No. SES-MFS-20120426-00395, dated June 22, 2012; Letter from Stephen D. Baruch and David S. Keir, Counsel to Hughes, to Marlene H. Dortch, Secretary, FCC, File Nos. SES-MFS-20120322-00290 and SES-AFS-20120426-00396, dated July 11, 2012. Finally, Mr. Doiron urged that either the requested STAs or the partial grants of the proposed modifications be issued at the earliest possible date because the EchoStar XVII satellite is due to arrive on station at 107.1 W.L. as of July 21, 2012, and IOT cannot proceed until the associated earth stations are authorized to communicate with the new satellite. Pursuant to Section 1.1206 of the Commission’s rules, a copy of this letter is being filed in each above-referenced proceeding via the FCC’s International Bureau Filing System (IBFS). Please direct any questions concerning this submission to either of the undersigned counsel. Respectfully submitted, s/ David S. Keir Stephen D. Baruch David S. Keir Counsel for HNS License Sub, LLC cc: Paul Blais, FCC (by email) Donna Bethea-Murphy, Iridium (by email)


Document Created: 2012-07-12 15:46:54
Document Modified: 2012-07-12 15:46:54
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