AprilS, 2012 

# Brownstein IHyatt FarberISchreck

VIA ELECTRONIC MAIL: expartecommunications@hq.doe.gov
Ms. Celia Sher Office ofAssistant General Counsel for Legislation and Regulatory Law Office ofGeneral Counsel Department of Energy 1000 Independence Ave, SW Washington, DC 20S8S-0121
Re: Memorandum Memorializing Ex Parte Communication Docket No. EERE-201O-BT-DET-0040 Satellite Television Industry Meeting Regarding DOE Set-Top Box Rulemaking Mark Mathews Attorney at Law 303.223.1179 tel 303.223.0979 fax mmathews@bhfs.com

On April 3, 2012 at 11 :00 AM, representatives ofthe U.S. satellite television industry, listed below, met with the DOE officials, listed below, atthe Forestall Building to discuss matters ofconcern to the U.S. satellite television industry regarding the pending DOE rulemaking to establish energy conservation standards on set-top boxes (STBs) undertitle III ofthe Energy Policy and Conservation Act of 1974, as amended.
The purpose ofthe meeting was forthe representatives ofthe U.S. satellite television industry to further elaborate on the comments submitted to DOE on March 1S, 2012, under DOE's Requestfor Information, 

### # 2011-NOA-0067

- Energy Conservation Program: Test Procedure andEnergy Conservation Standard for Set-Top Boxes and NetworkEquipment. The following points were discussed by the attending representatives:

• DOE was asked whether a final DOE determination on whether STBs were a "covered product" underTitle III of EPCAwould be made prior to issuing a Notice of Public Rulemaking ("NOPR"). DOE responded that a final DOE determination would be made prior to issuance ofa final rule if it indeed issued such a rule.

• Industry representatives emphasized to DOE that a regulation imposing a "deep sleep" mode was infeasible due to the need for constant communication between a satellite and a STB and the long start-up time required from a "deep sleep" mode. The point was also made that mandating this mode through regulation could cause serious competitive harm to industry.

• Industry representatives elaborated on the history ofenergy efficiency improvements in the satellite MVPD industry and its success in meeting the ENERGYSTAR standards. Representatives questioned whether there was a need for energy efficiency standards for satellite STBs given these efficiencies.

• Industry representatives expressed concern that regulations could easily stifle innovation in light of the fast-pace oftechnological development in the industry. DOE responded by stating itwas sensitive to this issue, and further stated that it needed to carefully develop information about the

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industry to ensure that any promulgated regulations appropriately characterize categories of products and accountfor newtechnological development.

• Finally, industry representatives stated that any regulation promulgated should recognize the energy characterization ofthe "whole home" MVPD system using thin clients within the home, ratherthan concentrating on the energy characteristics ofspecific STB units

. The meeting was adjourned at 12:00 noon. Meeting Participants: Satellite Industry Participants:

Mark Mathews,

Brownstein Hyatt Farber Schreck Gary Langille,

EchoStar LLC Jeff Blum,

DISH Network LLC Jessica Straus,

DISH Network LLC Andrew Reinsdorf,

DIRECTV LLC Steve Dulac,

DIRECTV LLC John Herrick (by telephone),

Brownstein Hyatt Farber Schreck

Respectively submitted, 

# /vrJ**Ift~** Mark Mathews Brownstein Hyatt Farber Schreck DOE Participants: Jeremy Dommu,

Project Manager, EERE Buildings Program Celia Sher,

Office ofGeneral Counsel Ashley Armstrong,

EE-2j, EERE Buildings Program