Attachment opposition

This document pretains to SAT-MOD-20050617-00127 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2005061700127_438301

Before the RECE]VED FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 JUN 1 7 2005 F“'llfiummumcaum,. ea/sm,h?" ) In the Matter of ) ) EchoStar Satellite LL.C. ) Callsign $2179 ) File No. SAT—STA—2005 Application for Special Temporary ; Authority to Operate the EchoStar 9 A wed Satellite in the Lower 500 MHz Portion ) R@C@N! of the Ka—band Frequenciesat the 121° ) is W.L. Orbital Location ) un 21 poicy itormatonalBuree OPPOSITION TO APPLICATION FOR SPECIAL TEMPORARY AUTHORITY ContactMEO Communications, LLC (*@contact‘),by ts counsel, herebyfiles ts Oppositionto the application fled by EchoStar SatelliteL.L.C. (*EchoStar®) for a 30—day special temporary authority ("STA"®)to operate its EchoStar9 satellte in the lower 500 MHz portion of the Ka—band frequencies of 18.3—18.8 GHz, 28.35—28.6 GHe and 29.25— 29.5 GHz (‘lower Ka—band"), t the 121° W.L. orbitallocation." For the reasons discussed below, EchoStar‘s application should be dismissed or denied. Nothing in EchoStar‘s application justifies grant of an STA under Section 309 of the Communications Act of1934, as amended, 47 U.S.C. §309, or Section 25.120 of the @contact has an application pending for, among other things, Ke—band spectrum at the 121° W.L. orbital location. See File No. SAT—AMD—2000040322—00057. se sarstemmmaons romosoien saee sarncommmenraomr insstors EchoStarSateiteLL C EchoStarSateiteLL C echostare

Commission‘s rules, 47 C.F.R. §25.120. In fact, Section 25.120(b)(1) clearly states that an STA may be granted: only upon a finding that there are extraordinary circumstances requiring temporary operations in the public interest and that delayin the institution ofthese temporary operations would seriously prejudice the public interest. Convenience to the applicant, such as marketing considerations or mecting scheduled customer in—service dates, will not be deemed sufficient for this purpose. [emphasis added] EchoStar offers just one basis for its application: "to increase the amount of spectrum at ts disposal to provide various commercial Ka—band services...."". This hardly constitutes the extraordinary circumstances required for an STA by Section 25.120, and there is no other demonstration of public interest benefit offered. The public interest will not be served by bypassing the Commission‘s processing rules and STA standards to allow one entityan inital, exclusive right to spectrum that is not yet available generally for application. Rather, the publicinterest is best served by adhering to an orderly process offair access, Le., by relying on the Commission‘s current Part 25 license processing rules and granting an STA only where extraordinary circumstances are demonstrated. In short, there is nothing in EchoStar‘s application that warrants grant ofan STA. Moreover, EchoStar may not be the sole future applicant for the spectrum surrendered by Celsat America, Inc.(*Celsat") and it certainly should not be given a preemptive right to use it with its EchoStar 9 satellte.. Importantly, EchoStar has not * EchoStar Application at 1. Even were EchoStar the sole applicant for the Celsat spectrum it would derive unfair commercial benefit by being permitted to operate prior to permanentlicensing. There is &

demonstrated or even claimed that its current assignments in the Ka—band at 121° W.L. are in high demand or in need of immediate augmentation. By granting EchoStar an STA to use this spectrum commercially now, the Commission would instantly award EchoStar a unique operational benefit, allowing it to secure a critical market advantage over everyone else—hardly an even playing feld in access to valuable spectrum. This cannot be permited and EchoStar‘s application should be dismissed or denied Accordingly, EchoStar‘s application for an STA to expand its use of spectrum in the Ka—band is without factual or legal justification and must be dismissed or denied. Respectfully submitted, contactMEO Communications, LLC James M. Talens 6017 Woodley Road McLean. Virginia 22101 703.241.1144 Counselfor contactMEO Communications, LLC David M. Drucker, Manager contacMEO Communications, LLC 2539 N. Highway67 Sedalia, CO 80135 303.688.5162 June 17, 2005 also concem that EchoStar will seek sequential STA renewals, effectively bypassing normal regulatoryprocesses and securely establishing itself in the market t the detriment of nascent competitors such as @contact

CERTIFICATE OF SERVICE 1, James M. Talens, do hereby certify that on this 17° day June, 2005, copies ofthe foregoing "Opposition to Application® were served on the following parties by hand delivery, email and hand delivery (indicated by **) or United tes Postal Service (indicated by *); Simes M. Talens Marlene H. Dortch, Secretary Pantelis Michalopoulos® Federal Communications Commission Philip L. Malet 236 Massachusetts Avenue, NE. Chung Hsiang Mah Suite 110 Steptoe & Johnson LLP Washington, DC 20002 1330 Connectiout Avenue, NW Washington, DC 20036 Thomas S. Tycz** Satellte Division, International Burcau Federal Communications Commission 236 Massachusetts Avenue, N.E. Suite 110 Washington, DC 20002 David K. Moskowite® EchoStar Satellite LLC 9601 South Meridian Boulevard Englewood, CO 80112


Document Created: 2005-06-21 18:03:37
Document Modified: 2005-06-21 18:03:37
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC