Attachment opposition

This document pretains to SAT-LOA-20030609-00113 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2003060900113_432955

                                                                Received
                                                               MAY 1 8 2005
                                             Before the         TokB              RECEIVED
                        FEDERAL ConMUNica Tions Commrsstony                         yay 1 6 2005
                                      WaskingtonPC—atied                      FedenlConmincatons Connission
                                                                                     Oe t Secrvy
     In the Matter of

     EchoStar Satelite LL.C.                            File No. SAT—LOA—20030609—00113
 Application to Construct, Lounch &
 Operate a DBS Satelite (‘DBS®)
 At the $6.5° W.L. Orbital Location


              orrositi         OF BELL EXPRESSVU LIMITED PARTNERSHIP

 1.     Bell ExpressVu LP. (‘ExpressVa‘" or "the Company) wishes to provide the Federal
 Communications Commission (‘FCC‘) with the following comments on the sbove
 referenced application by EchoStar Sstelite LL.C. ("EchoStar®) for suthority to construct,
 Ieunch and operate a Direct Broadcast Satelite (DBS") in the 12.2—12.7 GHz and 17.3 —17.8
 GHe frequency bands at the 86.5° W.L. orbital location.

 2         ExpressVia has a specifi directinterestin this matter, stemming from itsstatus as a
Hicensed Conadian satelite—based direct—to—home (‘DTH") DBS provider. This icence is
jssued by Canada‘s domestic broadcast regulator, the Canadian Radio—Television and
Telecommunications Commission ("CRTC).

2.      ExpressVi owns all the transponders ofthe BSS satelites Nimig 1 and Nimig 2
operating at 91° WL and 82° WL. These satellitesare, n turm, owned and operated by
Telesat Canada (‘Telesat") and licensed by the Canedion federal government (Idustry
Canada). The agreements between ExpressVand Telesatrespecting these arrangements are
also approved by the CRTC.

4.     The Nimig satellitesat 91° WL and 82° WL have been designed, deployed and
operated pursusnt to the International Telecommunications Unions® (TTU®) Region 2 Plan.
ExpressVu‘s entire satelite—based telecommunications network has been built on the basis of
                                                1


     this plan. The network also includes the receive equipment forthe company‘s 1.6 million
  residential subscribers.


  8.      ExpressVfully supports the submission ofTelesat, In particuler, ExpressVa wishes
 to underscore Telesat‘s submission that the proposed DBS Operation at 86.5° WL would be
 disruptive to its existing DBS operations at 82° and 91° WL. Furthermore, the financial
 consequences ofa change from 9 degree satllie spacing to 4.5 degree spacing would
 undermine billions of dollars of satelite—based infiastracture investment by ExpressVa and
 its customers. Accordingly, such action would be manifesly unfar to the satelite faciities
 and service providers who have relied on the ITU Region 2 Plan.

6.      ExpressVu further supports Telesat‘s comments that,to ensure adequste protection
for the existing Canadian DBS operations at 82° and 91° WL, very substantial eductions of
power levels on the proposed EchoStar satelite would sppear to be the only way that the
MSPACE triggers could be removed. Itis our understanding that such power reductions
would render the use ofthese frequencies at 86.5° WL totallyimpractical.

7.        In light ofthe foregoing, ExpressVa is ofthe view that the Commission should not
grant the EchoStar application for use ofthe 86.5° WL position.

                                               Respectfully submitted,
                                               Bell ExpressVu


                                               Cbac Famto
                                               Chiis Frank
                                               Sr. Director, Regulatory & Government Affairs
                                               Floor 6— 110 O‘Connor St.
                                               Oftewe, Ontario
                                               Caneda, KIP TH1

May 16, 2008


                                CERTIFICATE OF SERVICE

 1, Nancy Krieger, do hereby certify that a copy of the foregoing Opposition of Bell ExpressVu
 L.P. was served by first—class mail, postage prepaid on this 16" day of May 2005 to the
following:
Pantelis Michalopoulos                             David K. Moskowitz
Philip L. Malet                                    Senior Vice President and General Counsel
Steptoe & Johnson LLP                              EchoStar Satellte Corporation
1350 Connecticut Avenve, NW                        5701 South Santa Fe
Washington, DC 20036—1795                          Litlton, CO 80120
David R. Goodfriend
Director, Legal and Business Affairs
EchoStar Satellite Corporation
1233 20° Street, NW
Suite 701
Washington, DC 20036



Document Created: 2005-05-18 12:40:02
Document Modified: 2005-05-18 12:40:02

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