Attachment erratum

erratum

DECISION submitted by FCC,IB

erratum

2004-10-20

This document pretains to SAT-LOA-20031215-00355 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2003121500355_401933

Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Mater of ) ) EchoStar KuX Corporation Application for ) Authority to Construct, Launch, and Operate a ) File No: SAT—LOA—20031215—00358 Geostationary Satellite Using the Extended ) Call Sign: $2609 Ku—band Frequencies in the Fixed—Satellite ) Service at the 121° W.L. Orbital Location ) ) ) ERRATUM Released: October 20, 2004 By the Chie, Stelite Division, Iternational Bureau 1. On September 30, 2004, the Commission released an Order and Authorization (DA 04—3164) in the above captioned proceeding. This Erratum corrects paragraph 4 to read as follows: 4. On April23, 2003, the Commission adopted the Airsr Space Station Reform Order, substantialy revising itsatellit lcensing process‘ by, among other things, adoptinga "fist—come, firstserved" procedure for applications for sateltes operatingin geostaionary— satelte orbit, such as EchoStar—121 WWe placed the application on Public Notice on Janvary 23, 2004 pursuant to the new licensing process." New SkiesSateltes N.V. (New Skies) submited a petitionto condition EchoStar‘s icense to reflect New Skies‘ fling with the International Telecommunication Union (ITU)i the extended Ku—band atthe 120.8° WL. * Amendment of the Commission‘s Space Sution Licensing Rulesand Policies, Arst Reporand Order and Further Notie ofProposed Rulemaking, 1B Docket No. 02—34, 18 FCC Red 10760 (2003) (Rirst Space Staion Reform Order). & ie FirstSpace Staion Reform Order,18 ECC Red at 10804—18 (paras.108—50). * ie Public Notce, Report No. SAT—00188, ret. January 23, 2004

Federal Communications Commission orbital location that had flig—date pririty over EchoStar‘s ITV fling" EchoStarfiled an opposition‘ to New Skies* Petiion and New Skies filed a reply.® 2. In addition, the Order andAuthorizationis corrested toinclude the following new paragraph between the existing paragraphs 5 and 6: a.. INTERNATIONAL COORDINATION 6. In the First Space Station Reform Report and Order, the Commission explained that U.S, licenses assigned to a particularorbit location in frst—come, fi—served approach take ther icenses subjectto the outcomeof the international coordination process and that the Commission does not guarantee the success of this coordination." The Commission specifically noted that this may mean that the U.—liensemay not be able to operate is system if the coordination cannot be appropriately completed. Indeed, with the firs—come, first—served approach, we assizn applicantsto the orbitlocation thatis requested. Consequentl, the applicant assumed the coordinationrisk when choosing the particular orbit location at time it submitted ts application."" As a general practce, U.S. lcenses, including the Echostar‘s authorization here, are conditioned to reflect ths Commission policy." Therefore, we find thatthe conditions proposed by New Skiesare partilly redundant with ourstandard condition and otherwise unnecessary in this instance. Peition to Condition filed by New Skies Sitlites N. on February 23, 2004 (New Skies Peiion) Specifiell, New Skies requested the following condiions: (1) that EchoSfar‘s icensis subjecto the TU process and that EchoStarhas no protetionffom iterfrence unless coordiation procedures are timely completed and is encouraged to initate nepotations wth other affeced adiminstations; (2) hatin the absence of a coordination agreement, EchoStar must terminate ts extended Ku—band operations once a satlite with higher ITU priory is broughtinto use within 2 degres of te 121° W.L. orialloctio:and (3) that EchoStar must inform its customers othrequrementto cease opertions in th extended Kurhand servie atthe 121° W.L. orbitl locationi t stefte with highe ITU prorty is brought in use within 2 degrecs ofthe 121°. W.L. orbial location. See New Skies Peition t Opposition o Pertionto Condition fled by EchoStar KuX Corp. on March 4,2004 (EchoStar Oppositon) in ts Oppositin, EchoStar opposes allof New Skies* proposed conditins. EchoStar ariies thatthese additnal conditions are unnecessary in light of Commission precedent. 1t frther argues that the third condtion that New Skiesproposes is "onerous and impracteal." & Reply Comments filed by New Skies Sateltes N.V. on March 15, 2004 (New Skies Reply) * See First Space Staion Reform Order, 18 ECC Red at 10797 (para. 96). See also Pegasus Development Corporation, Appliation for Authorty to Constrict, Lanch, and Operate a Ka—Band Satelite System i the Fixed: Satlite Service, Order and duthoriation, 16 PCC Red 14378, 14386 (paa.24) (InI Bur. 2001) f 14 # See pae 37, inb ©* Ne Skdes requests ust add condiions simiarto the ones it requested.and which we imposed upon Papua New Guinea‘s Telsar 13, when we added that satlite t the Permited Space Station Lis. See LoralSpaceCom Corp, Ptiton or Declaratary Ruling to Add Telstar13 t he Pernited Space Station List Order, 18 FCC Red 16374, 16380—81 (par. 17)(Stllte Div. 2003). (Zeliter 13 Order) Asa preliminary matter, we note that he Telsar 13 condtions ae simila o the condtins generallyimposed on US.licensees. However, because Teletar 13‘s authoriztion was ssued by Papua New Guinen, we added cetain addtional condions to ensurethttransmisstons o o rom earh sations in the United Sttedid not cause harm{ulinterfrence t stelfte with higher ITU priory or otherwise conlt with coortintionagreements between Papua New Guinen and the Netherlands. Becauseunder nommal circumstancesthe United Sttesdoes nothave access tcoortination asreement where the UntedSttes is nota paty o he agreement,and because the United Stresdoesnot haveJurisdctonto terminate (continued..) 2

Federal Communications Commission "The subsequent paragraphs will be renumbered and reformatted accordingly."" FEDERAL COMMUNICATIONs comMsstoN Cassandra C. Thomas Depaty Chief, Satelte Division International Burcau (..continued from previous page) perations ove freignsitelites,such as Telsar 13, it was necessay to spcifythe conditins ofTelsar 13‘s accessto the U.S. market. That is not he cas hee. We note that hese corrections were made prioo publcationin the Federl Register.


Document Created: 2004-10-21 15:23:51
Document Modified: 2004-10-21 15:23:51
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