Attachment da 05 1955

da 05 1955

ORDER submitted by EchoStar

da 05 1955

2005-07-06

This document pretains to SAT-LOA-20040210-00015 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2004021000015_439936

Federal Communications Commission wa os—19ss Before the Federal Communications Commission Washington, D.C. 20584 In the matter of ) ) File Nos. $AT—LOA—20040210—00015 EchoStar Satellite LLC ) SAT—AMD—20040428—00085 ) Application for Authority to Construct, Launch, ) Call Sign: 52615 and Operate a Geostationary Satelite Using ) the Extended Ku—band Frequencies in the ) Fixed—Satellite Service at the 101° W.L. Orbital ) Location orpER Adopted: July 6, 200 Released: July 6, 2005 By the Deputy Chief, Satellite Division, Intemational Bureau: L. INTRODUCTION 1. By this Order, we deny EchoStar Satellite LLC‘s (EchoStar) application to construct, launch, and operate a satellite at the 101° W.L.. orbital location." As explained below, Mobile Satellte Ventures Subsidiary LLC (MSV) has first—i—line status under the Commission‘s first— come,first—served processing procedure? with regard tthe 101° W.L. orbital location Therefore, pursuant to Section 25.158(b)G)(i)° of the Commission‘s Rules, we deny Echostar‘s application. ! Thi actiois wihout prejudict two separate Applications for Review filed by EchoStarStelite LLC Applicaton for Review filed by ichaStarSatelfte LLC on January 26,2005 (chllengingtheTatenational Burea‘s Dec. 27, 2004 Order, DA 04—1056,affming disnissl of EchoSar‘s101° W.L.extended Ku—band amended applation, IBFS File Nos, SAT—LOA—20030827—00179 and SATAMD20031 126—00343,as not substntally complete) and Application for Review fled by Echoar Stelite LLC on October15, 2004 (challenging th InerntionalBureau‘s September15,2004, decision, DA 0t2985,toreinstare MSV‘s amendinent IBFS File No. SAT—AMD—20040209—0014, o s next genertion system application at 101° W.L. orbtl location} See Amendment of the Commision‘s Space Sution Licensing Rules and Plicies, ArstReport and Order, 18 FCC Red. 10760 at 10608 (2003) (*Firr Space Saion Reform Order") * Mobile Satellte Ventres Subsidiy LLC, Order and Authorizaion, DA 05—1492 (rel. May 23, 2008) (raning with conditions IBFS File Nos.SAT—LOA—19980702—00066, SAT—AMD—20001214—00171, SAT—AnD20010302— e0015, SAt—AMD20031 118—00335, SAT—AMD2004020900014, and SAT—AMD20040528—00192) Csv—7 Order")perding Pettionfor Resonsidertion(Clafcation. We note thatboth MSV and EchoStar have fled petitions regarding the MSV—/ Order. Pestion fo Claifcation and/orReconsidertion filed By EchoStar Satelite LLLC. on June 22,2005; and PettionforClarieation or PatalReconsideation fled by Mobile Stelte Ventres Subsidiry LLC on June 22, 2005, Ouractionhee is without prefudice to those pettions. 547 CR §25.158(D(G)() (orecluding granof GSO—lkeapplications ifthe proposed steliwill cause harmfiinterference tany previously licensed opertions")

Federal Communications Commission wa os—19ss It BACKGROUND 2. On February 10, 2004, EchoStar Satelite LLC (choStar), filed an application for authority to construct, launch, and operate a geostationary (GSO) satelite in the Fixed—Satellite Service (FSS) using allotted extended Ku—band frequencies (10.7—10.75 GHe and 11.2—1145 GHz downlink; 12.75—13.0 GHz and 13.15—13.2 GHz uplink)at the 101° W.L. orbital location. Echostar‘s application was second—in—line to the MSV‘s 101° amended application.® EchoStar‘s application was accepted for filing and placed on public notice on March 26, 2005." Comments were filed by MSV and EchoStar. 3. On May 23, 2005, MSV was granted authority to construct, Iaunch, and operate a second—generation Mobile Satellite Service (MSS) satellte at the 101° W.L.. orbital location.® I1L, DISCUSSION 4.. In its Space Station Licensing Reform Order." the Commission adopted a first—come, first—served procedure for geostationary satellite orbit (GSO)— like systems.." MSV currently operates the AMSC—1 MSS satellit atthe 101° W.L. orbit location. As noted above, MSV filed an application to launch and operate a second—generation satellite at that location using existing Ku—band feeder link frequencies as well as additional frequencies."" On May 23, 2005, we released the MSV—1 Order, granting MSV‘s application and authorizing it to Iaunch and operate MSV—I1, a second—generation L—band MSS satelliteat the 101° W.L. orbit location."* The MSV—1 Order held that MSV had first—in—line status with respect to the additional Ku—band spectrum * MSV—1 Ontet pra. 16 (MSV s first—inline for all o ts proposed 1000 megaherte offeedernk spectrum ($00 megahert in each direction) under the Commisionsfirs.come, firsserved polcy..."). * Policy Branch InformationSatelite Space Applications Accepted for Filing. Public Noric, Report No. SAT— 00203 (March 26, 200. " The Comments and Reples file onthe amended application address whethershaing is posie.See Comments Hiled by MSV on April 26, 2004;Response Fled by EchoStar on May 11,2004, Reply fled by MSV on June 11 204. As note in the MSV.I Order if the partics each an agreement onsharing. w will enertain a request hat imvolves cofrequency operations. MSV—1 Order atnore 45. We will not, however,retin EchoGuar‘s amended applieation based upon theasserion thatsharing may be possbleand an agreement wilbe reached to thatrfect in the futur. We also otethat on June 17, 2005, MSV filed an ex parteter with th Interational Bureau requesting that Echotar‘sapplicationb disnissedas mutuall exclusive with MSV‘s authorization at 101° W.L. Leterto Donald Abelson, Chiet, ImermationalBurcau, Federal Communications Commissin from Jennfer A. Mamer,Vie President, Regulatory Afirs, MobilSatlite Ventures, Subsidary, LLC,dred June 15, 2008; HichoSta Ailed an ex pareleter on June 232008,respondingto MSV‘sJune 17, 2005 leter. Letter to Malene . Dorich, Secretary, Federal Communications Commission, from Pantls Michalopoulos and PhitiL. Malet, Counselto EchaStar Satelte L L C.dated Jane 23, 2005. *MSV—1 Order. * Firt Space Station Reform Order, 18 FCC Red a 10805. " Th Commisiondefined GSO—lkesatelitesytems as GSO satelites designed to operate withdirectional aniemas. 47 CER § 25.158 (4. " While MSV had a replacement expectancy with regardto existing frequencies used on ts AMSC—1 satlite, the additinalfrequencies MSV requested weresubjectto th fist—come, firt—served procesing procedure. MSV—1 Orderstpar. 16 " See note3, supra

Federal Communications Commission ba os—195s requested by MSV at the 101° W.L. orbital location. Consequently, pursuant to Section 25.158 ofthe Commission‘s rules, we must deny EchoStar‘s application to launch and operate a satellite at the 101° W.L. orbital location using these same Ku—band fm{lucncics because it would cause harmful interference to MSV‘s previously licensed operations." IV. ORDERING CLAUSES 5.. Accordingly, pursuant to Section 25.158(b)G)(i)" of the Commission‘s Rules, EchoStar‘s application (IBFS File Nos. SAT—LOA—20040210—00015 as amended by SAT—AMD— 20040428—00085) Is DENIED. 6. This Order is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective upon adoption. Petitions for reconsideration under Section 1,106 or applications for review under Section 1115 of the Commission‘s rules, 47 C.RR. §§ 1.106, 1.115, may be filed within 30 days of the date of the Public Notice announcing that this action was taken. FEDERAL COMMUNICATIONS COMMISSION Cassandra C. Thomas Deputy Chief, Satellte Division International Bureau " FirsSpace Saion Reform Order,18 PCC Red at pra.113. ("We decidenot to keepsubscquenty Ailed appliations on file.In other wards if an application reaches thefront of the queue that conlcts witha previously gramed icense, we will deny th applcaton rathr han keepingthe application on ie in case thead applation does not construct is sielite system) "arcr®321580000


Document Created: 2005-07-06 13:35:20
Document Modified: 2005-07-06 13:35:20
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