AprilS, 2012 

Brownstein I Hyatt 

Farber I Schreck 

VIA ELECTRONIC MAIL: expartecommunications@hq.doe.gov 

Ms. Celia Sher 

Office of Assistant General Counsel for Legislation and Regulatory Law 

Office of General Counsel 

Department of Energy 

1000 Independence Ave, SW 

Washington, DC 20S8S-0121 

Re: Memorandum Memorializing Ex Parte Communication 

Docket No. EERE-20 1 O-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 of the U.S. satellite television industry, listed below, met 

with the DOE officials, listed below, at the Forestall Building to discuss matters of concern to the U.S. 

satellite television industry regarding the pending DOE rulemaking to establish energy conservation 

standards on set-top boxes (STBs) under title III of the Energy Policy and Conservation Act of 1974, as 

amended. 

The purpose of the meeting was for the representatives of the U.S. satellite television industry to further 

elaborate on the comments submitted to DOE on March 1S, 2012, under DOE's Request for 

Information, # 2011-NOA-0067 - Energy Conservation Program: Test Procedure and Energy 

Conservation Standard for Set-Top Boxes and Network Equipment. The following points were 

discussed by the attending representatives: 

• DOE was asked whether a final DOE determination on whether STBs were a "covered product" 

under Title III of EPCA would be made prior to issuing a Notice of Public Rulemaking ("NOPR"). 

DOE responded that a final DOE determination would be made prior to issuance of a 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 of energy 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 of technological development in the industry. DOE responded by stating it was 

sensitive to this issue, and further stated that it needed to carefully develop information about the 

_____________________ 4",.1""' 0 "", Se=ve"-,-,, nteenth Stree ~ Suite 2200 I Denver,. CO 80202-4432 

Brownstein Hyatt Farber Schreck, LLP I bhfs.com 
Ms. Celia Sher 

Department of Energy 

Page 2 

industry to ensure that any promulgated regulations appropriately characterize categories of 

products and account for new technological development. 

• Finally, industry representatives stated that any regulation promulgated should recognize the 

energy characterization of the "whole home" MVPD system using thin clients within the home, 

rather than concentrating on the energy characteristics of specific 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 of General Counsel 

Ashley Armstrong, 

EE-2j, EERE Buildings Program