Attachment 2001EchoStar-Alaska

2001EchoStar-Alaska

RESPONSE TO REPLY COMMENTS submitted by State of Alaska

app

2001-12-27

This document pretains to SAT-MOD-20011025-00090 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2001102500090_845080

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, %l 205054 | °Celver F~ Aps RECEIVvEp In the Matter of JAN 3 2009 DEC 9 7 2001 EchoStar Satellite Corporation Salellite Polj tsn : PEDERAL COMMUNICATION EMUNICATIONS 1 nIemation;.;?ysf s OFFICE OF tue secné%fimw Application for Authority to Make FileP Minor Modifications to Direct Broadcast Satellite Authorization Application for Special Temporary Authority to Operate a Direct File No. SAT—STA—20011025— Broadcast Satellite Over the Even— 00091 Numbered Channels at the 148° Orbital Location THE STATE OF ALASKA‘S RESPONSE TO COMMENTS The State of Alaska submits this brief response to support the position set forth by the State of Hawaii in its comments on the above—referenced applications.! Alaska agrees that the Commission should release an order addressing the importance and meaning of its DBS geographic service rules. DBS providers have, in the State‘s view, not been providing service to Alaska and Hawaii that is comparable to the service offered in the Continental United States. Comparability involves various dimensions, including technical—related measures as well as programming and pricing related measures. The DBS geographic service rules, in 1 This response is timely as it is filed within 10 days of the filing of the comments. See 47 C.F.R. § 25.154(c).

the State‘s view, reflect the policy judgment that all Americans should have comparable (though not necessarily identical) access to information services provided by DBS licensees. As the Commission and Congress have recognized in another context (adopting rate integration requirements for long distance carriers), different service offerings and different rates of service for Alaska and Hawaii raise serious questions of discrimination.2 Indeed, it is the emergence of satellite services that led the Commission to adopt its rate integration policy. Over the past few years, the Commission has stated that general policy issues related to its geographic service rules should be resolved in the context of the pending Part 100 rulemaking proceeding and not in the context of specific applications.3 Alaska, therefore, supports the position of Hawaii that the Commission should resolve comparability issues in the rulemaking proceeding as soon as possible. 2 See 47 U.S.C. § 254(g); MTS and WATS Market Structure, 81 F.C.C.2d 177, 192 (1980). 8 See, e.g., In re EchoStar Satellite Corp., Application for Authority to Make Minor Modifications to Direct Broadcast Satellite Authorizations, Launch and Operation Authority, Request for Waiver of Section 100.2 of the Commission‘s Rules, DA—00—2382 at [ 12 (Chief, Sat. and Radio Comm. Div., Nov. 27, 2000) ("this rulemaking is a more appropriate vehicle to resolve these matters than this application proceeding").

Respectfully submitted, THE STATE OF ALASKA Publeed 2 Oboyi~ Robert M.@alperin Bridget E. Calhoun CROWELL & MORING LLP 1001 Pennsylvania Avenue, NW. Washington, D.C. 20004 202/624—2543 Counsel for The State of Alaska Of Counsel: John W. Katz, Esquire Special Counsel to the Governor Director, State—Federal Relations Office of the State of Alaska Suite 336 444 North Capitol Street, N.W. Washington, D.C. 20001 Date: December 27, 2001

CERTIFICATE OF SERVICE I hereby certify that on this 27day of December 2001, a copy of the foregoing Response to Comments of the State of Alaska in File Nos. SAT—MOD— 20011025—00090 and SAT—MOD—20011025—00091 was served by hand and/or first— class mail on the following: The Honorable Michael K. Powell David K. Moskowitz Chairman Senior Vice President and General Federal Communications Commission Counsel 445 12t" Street, S.W. EchoStar Satellite Corporation Washington, DC 20554 5701 South Santa Fe Littleton, CO 80123 The Honorable Kathleen Q. Abernathy Commissioner Bruce A. Olcott Federal Communications Commission Squire, Sanders & Dempsey, LLP 445 12t" Street, S.W. 1201 Pennsylvania Avenue, N.W. Washington, DC 20554 PO Box 407 Washington, DC 20044—0407 The Honorable Michael J. Copps Commissioner Bruce D. Jacobs Federal Communications Commission Tony Lin 445 12t" Street, S.W. Shaw Pittman LLP Washington, DC 20554 2300 N Street, NW. Washington, DC 20037 The Honorable Kevin J. Martin Commissioner Federal Communications Commission 445 12t} Street, S.W. Washington, DC 20554 Pantelis Michalopoulos Steptoe & Johnson, LLP 1330 Connecticut Avenue, N.W. Washington, DC 20036—1795 Duévet 2 Cabhmy_ Bridget E.(@Galhoun


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Document Modified: 2019-04-14 16:48:43
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