Attachment reply

reply

REPLY TO COMMENTS submitted by EchoStar

reply

2004-12-02

This document pretains to SAT-MOD-20041008-00196 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2004100800196_409246

                                   Before the
                                                                                   ORIGINAL
                      FEDERAL COMMUNICATIONS CoMmMissION
                                    Washington, D.C. 20554             RECEIVED — FCC

                                                     j                      DEC ~ 2 2004
Application of                                       )                FetealConmunaienConniion
                                                     )                        Buenitce
EchoSrar Sareturre LL.C.                             )      FileNos.
                                                     )      SAT—MOD—20041008—00196
‘To Modify Its Authorization to Change The           )      Call Sign 82490
Orbital Location of Its Ka—band GSO Satellite        )
From 123° W.L. to 117° W.L.                          )
oie
To:    Intemational Bureau


                 REPLY COMMENTS OF ECHOSTAR SATELLITE LL.C.

       EchoStar Satellte L.L.C. (*EchoStar®) herebyreplies to the comments filed by Telesat
Canada ("Telesat")‘ with respect to the above—referenced application for modification of
Echoélm’s Ka—band license at 123° W.L. to change the authorized orbital location to 117° W.L

Telesat does not oppose EchoStar‘s application, but requests that the Commission condition
EchoStar‘s authority to operate Ka—band frequencies at 117° W.L. upon successful coordination
with Telesat‘s proposed operation of Anik F3 at 118.7° W.L.
£      THE REQUESTED COORDINATION CONDITION 18 UNNECESSARY
       The specific coordination condition requested by Telesat is unnecessary in light of the

Commission‘s space station licensing rules, policies and the international coordination condition




       ‘ Comments of Telesat Canada, filed in Application ofSES Americom, Inc. For Special
Temporary Authority to Operate the AMG—15 Satellite at 113° W.L and 117° W.L., SAT—STA—
20041012—00198 (filed Nov. 22, 2004).


already embedded in the authorization that EchoStar is secking to modify.. As the International

Bureau recently explained when it granted EchoStar‘s extended Ku—band license at 121° W.L.:

               In the First Space Station ReformReport and Order, the
               Commission explained that U.S. lcenses assigned to a particular
               orbit location in first—come, first—served approach take their
               Hicenses subject tothe outcome ofthe intemational coordination
               process. The Commission specifically noted that "this may mean
               that the U.S—licensee may not be able to operate its system if the
               coordination cannot be appropriately completed .. .." As a
               general practice, U.S.lcenses, including the EchoStar‘s {sic]
               authorization here, are conditioned to reflect this Commission
               policy. Therefore, we find that the conditions proposed by New
               Skies are partially redundant with our standard condition and
               otherwise unnecessary in this instance."
       In this case, EchoStar notes that its Ka—band authorization at 123° W.L.is already
conditioned on international coordination." This condition would continue to apply even after
the authorized orbital location is changed to 117° W.L.. The coordination condition requested by
Telesat is co—extensive with this standard license condition, and is therefore redundant. The
Interational Bureau should therefore decline to impose the requested condition for the same
reasons thatit declined to impose additional coordination conditions on EchoStar‘s extended Ku—
band license at T21° W.L.




         * In the Matter ofEchoStar KuX Corporation Applicationfor Authority to Construct,
Launch and Operate a Geostationary Satellte Using the Extended Ku—band Frequencies in the
Fixed—Satellte Service at the 121° W.LOrbital Location, DA 04—3164, Order and Authorization,
SAT—LOA—20031215—00355, Call Sign 2609, at 4 6 (re. Sept. 30, 2004), corrected by Erratum
(rel. Oct. 20, 2004) ("127° 1Order®).
       * Stamp Grant, SAT—LOA—20030827—00177, at Condition 3 (rel. Dec. 12, 2004). This
condition is identical to the one considered by the International Bureau in the 727° " Order.


IL     CONCLUSION

       Forthe reasons stated above, the International Bureau should expeditiously grant
EchoStar‘s modification application without the coordination condition requested by Telesat.
                                               Respectfully submitted,



David Bair                                                chalopoutos
EchoStar Satellite LL.C.                            i Hsiang Mah
9601 South Meridian Boulevard                  Steptoe & Johnson LLP
Englewood, CO 80112                            1330 Connecticut Avenue, NW.
                                               Washington, D.C. 20036
                                               Counselfor EchoStar Satellite L.LC.

December 2, 2004


                                 CERTIEICATE OF SERVICE

       1, Chung Hsiang Mah, an attomey with the law firm of Steptoo & Johnson LLP, hereby
certify that on this 2nd day of December, 2004, served a true copy of the foregoing "Reply

Comments of EchoStar Satellite L.L.C." upon the following:



By Hand                                          By Mail
Thomas S. Tyez                                   Carl R. Frank
Chicf, Satellite Division, Intemational Bureau   AmyE. Bender
Federal Communications Commission                Wiley Rein & Fielding LLP
445 12th Street, S.W.                            1776 K Street, NW.
Washington, DC 20554                             Washington, DC 20006—2304
                                                 Counselfor Telesat Canada




                                                 Chanlgfsing Mah



Document Created: 2004-12-07 13:51:46
Document Modified: 2004-12-07 13:51:46

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