Attachment comment

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

IBFS_SATLOA2003060900113_434688

Before the IV FEDERAL COMMUNICATIONS COMMISSION nEcEevEeD Washington, D.C. 20554 MAY 1 6 2005 redualConnmunicators Comnisson In the Matter of Offen o Secainy EchoStar Satellite L.L.C. File No. SAT—LOA—20030600—00113 Application for Authority to Construct, R Launch and Operate a Direct Broadcast Satellite in the 12.2—12.7 GHz and M¥ 1 $ 17.3—17.8 GHz Frequency Bands at the n 2005 86.5° W.L. Orbital Location rms”é;%5&" tay COMMENTS OF SES AMERICOM, INC. SES Americom, Inc. (‘SES Americom"), by its attorneys and pursuant to Section 25.154 of the Commission‘s Rules, 47 C.F.R. §25.145, hereby submits its comments on the above—captioned application of EchoStar Satellite L.L.C. ( the "Application"). EchoStar asks the Commission to grant a license for a new direct broadcast satellite to be located at the 86.5° W.L. orbital location. Application at 1. SES Americom requests that the Commission impose a coordination requirement as a condition of any license granted to EchoStar at this orbital position. SES Satellites (Gibraltar) Limited (‘SES Gibraltar®), a wholly—owned subsidiary of SES Americom, has approval from the Gibraltar Regulatory Authority (‘GRA") to employ BSS frequencies for a satellite network at 86.5° W.L. The United Kingdom submitted filings on behalf of the GRA for this network, USAT S3 (86.5W) and USAT $3 MOD A (86.5W),to initiate a modification to the ITU Plan for Region 2 Broadcasting Satellite Service (‘BSS®) pursuant to the procedures specified in Appendices 30 and 30A of the ITU Radio Regulations.

EchoStar requested that the Commission submit filings secking a modification of the ITU Region 2 BSS Plan on EchoStar‘s behalf and provided copies of the requested filings with its Application. Application at 2, Attachment 1 & Exhibits A & B. However, to SES Americom‘s knowledge, the U.S. has not submitted a modification request at 86.5° W.L. Thus, the U.K. flings have date priority over any U.S. filings made on behalf of EchoStar. In the supplemental technical information EchoStar provided in support of its Application, EchoStar recognized that implementation of the U.K. filings would preclude its own planned operations: The two UK filings at 86.5° W.L. which are collocated with the proposed EchoStar—86.5W satellite cannotbe coordinated by technical means. Supplemental Technical Annex, EchoStar—86.5 W DBS Satellite (fled Feb. 27, 2004) at 12. In these circumtances, Commission precedent requires the imposition of coordination conditions to protect the rights of SES Gibraltar, which has date precedence under ITU regulations. For example, when EchoStar sought authority for EchoStar VI, the Commission noted that because the satellite‘s technical parameters varied from those set forth in the U.S. assignments for the Region 2 Plan, the U.S. would need to file for modification of the BSS Plan for EchoStar VIHI* The Commission authorized launch and operation of the satellite, but reminded EchoStar that its satellite operations would not be "guaranteed 1 EchoStar Satellite Corporation, Application for Minor Modification of Direct Broadcast Satellite Authorization, Launch and Operating Authority for EchoStar VIlI, Order and Authorization, 17 FCC Red 11326 (Gat. Div. 2002) at 11 5.

protection from interference from systems licensed by other Administrations operating in accordance with the ITU Radio Regulations unless and until the Region 2 BSS Plan and its associated Feeder Link Plan are modified to include the technical parameters of EchoStar VI11." 7d. at 1 7. The Commission also imposed conditions that required EchoStar "to coordinate with any Administration having an affected Region 2 Plan assignment or prior—filed Plan modification"unless and until the Region 2 BSS and Feeder Link Plans were modified to reflect the EchoStar VIII parameters. 1d. The same action is appropriate here. If the Commission grants EchoStar‘s application, it must advise EchoStar that it is not entitled to interference protection from networks operating pursuant to prior ITU filings. In addition, the Commission should include a condition requiring EchoStar to coordinate with affected systems of other administrations that have priority over any U.S. fling for modification of the Region 2 Plan. These measures are necessary to ensure that EchoStar‘s proposed network complies with ITU requirements and the Commission‘s rules. Respectfully submitted, SEs AMERICOM, INC. Nancy J. Eskenazi s (4—.. £7 Vice President & Peter A. Rohrbach Assoc. General Counsel Karis A. Hastings SES Americom, Inc. Hogan & Hartson LL.P. Four Research Way 555 Thirteenth Street, N.W. Princeton, NJ 08540 Washington, D.C. 20004 (202) 637—5600 May 16, 2005

CERTIFICATE OF SERVICE 1, Cecelia Burnett, do hereby certify that on this 16% day of May, 2005, copies of the foregoing"Comments of SES Americom, Inc." were served to the following parties by first class mail: David K. Moskowitz Executive Vice President & General Counsel EchoStar Satellite LL.C. 9601 South Meridian Boulevard Englewood, CO 80112 David R. Goodfriend EchoStar Satellite L.L.C. 1288 20% Stzeet, N.W., Suite 701 Washington, D.C. 20036 Pantelis Michalopolous Philip L. Malet Steptoe & Johnson, LLP 1380 Connecticut Avenue, N.W. Washington, D.C. 20036—1795


Document Created: 2005-05-19 16:40:05
Document Modified: 2005-05-19 16:40:05
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