2014-11-28 Reply to

REPLY submitted by DISH Operating L.L.C.

2014-11-28 Reply to Opp of DISH Operating LLC

2014-11-28

This document pretains to SAT-LOA-20140825-00094 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2014082500094_1070094

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 ) In the Matter of ) ) DIRECTV Enterprises, LLC ) File No. SAT-LOA-20140825-00094 ) Call Sign S2930 Application for Authorization to Launch and ) Operate DIRECTV 15 at 103º W.L. ) ) DISH OPERATING L.L.C REPLY TO OPPOSITION OF DIRECTV ENTERPRISES, LLC Pursuant to Section 25.154(d) of the Commission’s rules,1 DISH Operating L.L.C. (“DISH”) submits this reply to the opposition of DIRECTV Enterprises, LLC (“DIRECTV”) to DISH’s petition to deny or defer (“Petition”)2 DIRECTV’s above-captioned application (the “DIRECTV 15 Application”) for authority to launch and operate the DIRECTV 15 satellite on Ka-band Fixed Satellite Service (“FSS”) frequencies at the nominal 103º W.L. orbital location.3 In support of its Petition,4 DISH noted that the International Bureau (“Bureau”) earlier this year granted similar relief in response to DIRECTV’s petition to deny or defer the application of SES Americom, Inc. (“SES Americom”) for authority to operate the SES-3 1 47 C.F.R. § 25.154(d); see also Policy Branch Information: Satellite Space Applications Accepted for Filing, Public Notice, Report No. SAT-01043 (Oct. 3, 2014). 2 See DISH, Petition to Deny or Defer, IBFS File No. SAT-LOA-20140825-00094 (Nov. 3, 2014) (“DISH Petition”). 3 The proposed DIRECTV 15 satellite will carry a 17/24 GHz Broadcasting-Satellite Service (“BSS”) payload in addition to a Ka-band FSS payload and a 12/17 GHz Direct Broadcast Satellite (“DBS”) payload. See DIRECTV, Application for Authority to Launch and Operate DIRECTV 15, IBFS File No. SAT-LOA-20140825-00094, Narrative at 1 n.1 (Aug. 25, 2014) (“DIRECTV 15 Application”). 4 See DISH Petition at 2.

satellite on C- and Ku-band frequencies at 103º W.L.5 Specifically, even though no objections were raised against SES Americom’s proposed C- and Ku-band operations, the Bureau nonetheless deferred action on the proposal in order to provide time for Ciel Satellite Limited Partnership and DIRECTV to coordinate their 17/24 GHz BSS payloads at 103º W.L.6 Despite the similarities and shared set of facts between the two cases, DIRECTV asks the Commission to ignore the SES-3 Order and grant preferential treatment to DIRECTV on the basis that DIRECTV’s 17/24 GHz BSS payload is U.S.-licensed, whereas Ciel’s 17/24 BSS payload is licensed by Canada.7 This is precisely the type of discriminatory regulatory treatment that the Commission has long sought to eliminate with respect to its regulation of U.S.- and non- U.S.-licensed satellite services.8 The Commission’s lack of jurisdiction over a Canadian- licensed payload does not provide justification for the Commission to provide preferential regulatory treatment to a U.S.-licensed payload.9 Furthermore, the DISH Ciel-6i Application10 disproves DIRECTV’s claim that the Ciel- 6i payload is merely a “token” payload used to bolster Ciel’s international priority with respect 5 See SES Americom, Application for Authority to Operate the SES-3 Replacement Satellite at 103º W.L., IBFS File No. SAT-RPL-20121228-00227, Narrative at 1 (Dec. 28, 2012) (“SES-3 Application”). 6 See SES Americom, Inc. Application for Authority to Operate the SES-3 Satellite at 103º W.L., 29 FCC Rcd 3678, ¶¶ 1, 8-9 (IB 2014) (“SES-3 Order”). 7 See DIRECTV, Consolidated Opposition, IBFS File No. SAT-LOA-20140825-00094, at 2 (Nov. 17, 2014) (“DIRECTV Opposition”). 8 See Foreign-Licensed Space Station Provision of Service in the United States, Report and Order, 12 FCC Rcd 24094, ¶ 185 n.359 (1997) (“We reiterate our intent to hold non-U.S. satellite operators to the same rules as we do our U.S.-licensed space station operators.”). 9 See id. ¶ 21 (“Under Article II of the [General Agreement on Trade in Services], all [World Trade Organization] Members must provide [most-favored-nation] treatment to like services and service suppliers of all other WTO Members.”). 10 See DISH Operating L.L.C., Application for Blanket Earth Station License, IBFS File No. SES-LFS- 20140924-00752 (Sept. 24, 2014) (“DISH Ciel-6i Application”). –2–

to use of the 17/24 GHz BSS spectrum at 103º W.L.11 The DISH Ciel-6i Application describes in detail DISH’s plans to use the Ciel-6i payload to develop the provision of video and data services for the planned deployment of terrestrial wireless broadband services in the United States. Thus, contrary to DIRECTV’s assertions, the Ciel-6i payload is not merely a “token” payload. Based upon the foregoing, the Commission should deny or defer action on the DIRECTV 15 Application until either: (i) the Commission promptly acts on the SES-3 Application and the DISH Ciel-6i Application; or (ii) DIRECTV and Ciel have completed coordination of their respective 17/24 GHz BSS payloads, including the Ciel-6i payload, at 103º W.L. Respectfully submitted, DISH OPERATING L.L.C. By: /s/ Jeffrey H. Blum November 28, 2014 11 See DIRECTV Opposition at 3-4. –3–

CERTIFICATE OF SERVICE I, Hadass Kogan, hereby certify under penalty of perjury that a copy of the foregoing Reply to Opposition was served on November 28, 2014, by first-class mail upon the following: William M. Wiltshire Michael Nilsson Counsel to DIRECTV Harris, Wiltshire & Grannis LLP 1919 M Street NW Eighth Floor Washington, DC 20036 Stacy R. Fuller Vice President, Regulatory Affairs DIRECTV, LLC 901 F Street NW Suite 600 Washington, DC 20004 Daniel C.H. Mah Regulatory Counsel SES Americom, Inc. 1129 20th Street, N.W. Suite 1000 Washington, DC 20036 Karis A. Hastings SatCom Law LLC 1317 F Street, N.W. Suite 400 Washington, DC 20004 Scott Gibson Vice President & General Counsel Ciel Satellite Limited Partnership 116 Lisgar Street Suite 401 Ottawa, Ontario K2P 0c2 CANADA /s/ Hadass Kogan


Document Created: 2014-11-25 15:30:53
Document Modified: 2014-11-25 15:30:53
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