Attachment ex parte

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

IBFS_SATLOA2003060900113_637455

                                                 LAW OFFICES
                              GOLDBERG, GODLES, WIENER & WRIGHT
                                         1229 NINETEENTH STREET, N.W.
                                          WASHINGTON, D.C. 20036-2413

HENRY GOLDBERG                                                                                           (202) 4294900
JOSEPH A. GODLES                                                                                         TELECOPIER:
JONATHAN L. WIENER                                                                                       (202) 429.491 2
LAURA A. STEFAN1
DEVENDRA (“DAVE”) KUMAR
                                        EX PARTE OR LATE FILED
       -                                                                                                  e-mail:
HENRIETTA WRIGHT                                                                                  general@ g2p2.com
THOMAS G. GHERARDI,     PC.                                                                      website: www.92w2.com
COUNSEL
THOMAS S. TYCZ*
SENIOR POLICY ADVISOR
‘NOT AN ATTORNEY                             November 16,2007             FILEDIACCEPTED
        BY HAND                                                              NOV 1 6 2007
                                                                         Federal Communications Commission
                                                                               Offlce of the Secretary
        Marlene H. Dortch, Secretary
        Federal Communications Commission
        445 12th Street, S.W.
        Washington, D.C. 20554

                                                    Re:    Echostar Satellite L.L.C.
                                                           File No. SAT-LOA-20030609-00113
                                                           Ex Parte

         Dear Ms Dortch:

              This is to inform you that, on November 15,2007, Robert Power of Telesat and
        Joseph Godles and the undersigned, representing Telesat, met with Angela Giancarlo
        of Commissioner McDowell’s office. The purpose of the -meetingwas to provide and
        discuss the attached handout dealing directly with the above referenced proceeding.

                   Please direct any questions regarding this matter to the undersigned.


                              U
                             I



                 e I e sa t
        Application for Review
       Authorization granted to EchoStar
for a “short-spaced” (tweener) DBS satellite at
                     86.5W
            Federal Communications Commission
                                   November 14/15, 2007


8




Background                                            8
                                                           ?b


                                                 e / e's a 'b.

    .Echostar DBS satellite at 86.5OW would be
       short-spaced between two operational
    Telesat DBS satellites: Nimiq Iand Nimiq 2
     are located at 91OW and 82OW respectively
      WNimiq 1 and Nimiq 2 have full-CONUS
     coverage consistent with the ITU Region 2
                 BSS Plan entries
     .Both Nimiq satellites have been previously
       approved by the FCC for U.S. services
    .Bell ExpressVu's DTH service occupies both
    satellites, and reaches 1.8 million subscribers
                       in Canada


EchoStar Will Interfere With                                               m
                                                                           Y
                                                                               I



                                                                                   5


Telesat                                                            iTe I e s a b,
    EchoStar itself “has concluded that tweener satellites . . . would pose
    si nificant interference risks to existing DBS services enjo ed by
        9
    mi lions of consumers.” EchoStar comments on tweener &RM, p. 6
    (Dec. 12,2006)
    EchoStar also expressed “concern[] that the International Bureau’s -
    decision to proceed with granting two tweener a plications, including
    one to Echostar, did not sufficiently address kndamental
    tinterference issues.” EchoStar comments on’tweener NPRM, p. 3
     Dec.12, 20 6).  d
    The International Bureau has acknowled ed that “a number of
                                  a
    administrations includin Canada, woulC Y be affected by the EchoStar-
    86.5W satellite.” EchoS ar grant, para. 16.
    EchoStar did not dis Ute the validit of Telesat’s analysis
                                              Y
    demonstrating that choStar will in erfere with Telesat
            EchoStar only claimed it could use beam shaping and power roll-offto
            reduce interference potential
            Telesat showed that these techniques do not work if there is co-coverage,
            as there is here



3


Echostar’s Application Should
Have Been Dismissed                 Q 3 e 1 e s a t..
    25.1 14(d)(l3)(i) requires that the applicant
    provide a technical showing that the
    proposed system could operate satisfactorily
    if all systems in the BSS Plan were
    implemented.
    EchoStar did not make this showing and
    could not have made it




4


.
                                                             .
    Conditioning Echostar's Grant on                        8
                                                                 sa
    Coordination with Telesat is Insufficient      c i e / e's a t,
         In cases in which there are substantial
         interference questions, the Commission will not
         grant operating authority unless the applicant has
         coordinated with the affected system
           The International Bureau would not grant operating
           authority for a Loral Orion satellite at 12" W.L. because
           the satellite would interfere with a Eutelsat satellite at
           12" W.L. that had ITU date priority (14 FCC Rcd 17665
           (1999))
           After Loral Orion and Eutelsat entered into a
           coordination aareement. the International Bureau
           authorized LoGI Orion to operate its satellite at 15" W.L.
           pursuant to the agreement (15 FCC Rcd 12419 (2000))
           EchoStar has not coordinated with Telesat

     5


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                                                               F


    Conditioning Echostar’s Grant on Coordination
    with Telesat is Insufficient (cont.)              CTe / e :S a’i,
     9
         At a minimum the Commission should clarify that Echostar
         will not be granted authority to operate prior to obtaining
         the agreement of affected administrations
            Ordering clauses in the EchoStar grant are ambiguous
            on this point
            Clarification will head off potential controversies with
            other administrations




     7



Document Created: 2008-04-29 15:50:34
Document Modified: 2008-04-29 15:50:34

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