FCC Correspondence (Apr 05, 2000)

0094-EX-ST-1999 Correspondence

Diversified Communication Engineering, Inc.

2001-11-06ELS_49844

pemsiings.,                                        hy         e
/ %                                Federal Communications Commission
athals                                    Washington, D.C. 20554
"{Compsct?                                           April 5, 2000



              Mr. James H. Barker
              Latham and Watkins                         8    «l6 12    /
              1001 Pennsylvania Ave., NW.                23 hm d
              Suite 1300
              Washington, D.C. 20004—2505

                             Re:     ET Docket No. 98—206; DA 99—494; Diversified Communication
                                     Engineering, Inc., File Nos. 6001—EX—MR—1998, 0094—EX—ST—
                                     1999; Call Sign WA2XMY

              Dear Mr. Barker:

                     In a letter dated March 15, 2000, DIRECTV seeks clarification of the findings and
              reversal of the conclusion of the former Compliance and Information Bureau (CIB),
              which has been consolidated into the Enforcement Bureau, regarding a demonstration
              conducted on September 29, 1999, by Diversified Communications Engineering (DCE).
              The Commission‘s Office of Engineering and Technology (OET) requested that CIB
              investigate an allegation of "harmful interference" to Echostar caused by the operation of
              Northpoint technology by DCE under the authority of an experimental license. CIB
              received the request from OET on September 28, 1999, and three engineers attended a
              demonstration conducted by DCE on September 29, 1999. CIB prepared an internal
              report, which it submitted to OET.

                     DIRECTV states that it has previously provided data and presentations that
              clearly demonstrate that Northpoint operations will seriously degrade and interrupt
              satellite direct broadcast service (DBS). DIRECTV states that CIB misinterpreted the
              "data" collected on September 29, 1999, and that the test results indicate that harmful
              interference did exist during DCE‘ s demonstration.

                     The engineers conducted an "on/off"test in cooperation with DCE to determine if
              harmful interference existed. The DCE transmitter was turned "on" and then "off." An
              FCC engineer observed the Northpoint transmitter power level to ensure that it remained
              constant during the "on/off" tests. During the time that the DCE transmitter was on, two
              FCC engineers observed the "s—meter" readings and the picture quality on DCE‘s
              television receivers for three programs carried by Echostar and DIRECTV. The
              engineers concluded that there was no harmful interference as defined in section 2.1 of
              the FCC‘s Rules, 47 C.F.R. § 2.1, caused by the operation of the Northpoint technology
              to the reception of Echostar or DIRECTV programming on September 29, 1999. Simply
              put, the engineers did not observe any interruption in either DIRECTV or Echostar‘s
              service caused by the operation of DCE at the time they made the observations.


Mr. James H. Barker




                                                                                     t
         I find no reason to alter or reverse the statements in the CIB Report. The
document is merely a report of the observations made by three FCC engineers in response
to a request by OET to determine if DCE was causing harmful interference to Echostar.
It is not a conclusion about the merits of Northpoint Technology nor is it a conclusion
about interference limits for non—geosynchronous satellite systems.




                                                  Sincerely,


                                                  biasUAelw—
                                                  David H. Solomon
                                                  Chief, Enforcement Bureau




ce:   Magalie Roman Salas, Secretary, FCC
      Antoinette Cook Bush, Esq.        |



Document Created: 2001-11-06 15:20:38
Document Modified: 2001-11-06 15:20:38

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