Attachment grant

grant

DECISION submitted by FCC,IB

grant

2005-02-14

This document pretains to SAT-STA-20040319-00081 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2004031900081_417614

fase MNGLINN | Sema FERKIS Rune rubinges, DC z004 OHN aaie . ane e rice Grovsky anp ‘ Scfime emriw PorrEo rc e BeojaminZ. Gritin Pacmer Diie 20e aet 120 HinGulinazen March 19, 2004 ViA HaND DELIVERY Ms. Marlene H. Dortch PrmeCemmenicatons Commisrn 0R|G‘NAL International Bureau — Satellites P.0. Box 358210 Pittsburgh, PA 15251—5210 Re: Application ofRainbow DBS Company LLC for Extension of Special Temporary Authority to Operate a Direct Broadcast Satellte Over Channels 23 and 24 at 61.5° W.L., File No. Dear Ms. Dortch: On behalfofRainbow DBS Company LLC , enclosed please find for fling an original and nine copies ofan application for extension of Rainbow DBS‘s Special Temporary Authority to operateits Rainbow 1 DBS satellte over Channels 23 and 24 at the 61.5° W.L. orbital location. Also enclosed is a check in the amount of $145.00 for the applicable filig fee,a completed FCC Form 159, and an additional copy, which we ask you to date stamp and retum with our messenger. Please do not hesitat to contact me should you have any questions. Sincerely, Benjafnin }/ Géfin Counsel for Ruinbow DBS Company LLC Jennifer Gilsenan Selina Khan ECC Columbia Operations Center

Before the EEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20584 ) In the Mater of ) ) Rainbow DBS Company LLC \ Fitewo serstasmesm on Application for Extension ofSpecial Runpow bas Compary ue Temporary Authority to Operate a Direct Ranbon Broadcast Satellite Over Channels 23 and 24 at61.5° WL. APPLICATION OF RAINBOW DBS COMPANY LLC FOR EXTENSION orIts SPECIAL TEMPORARY AUTHORTTY To OPERATE A DIRECT BROADCAST SATELLITE OVER CHANNELS 23 AND 24 AT 61.5° W.L. Rainbow DBS Company LLC (‘Rainbow DBS") is currently operating its Rainbow 1 Direct Broadeast Satelite ("DBS") over Channels 23 and 24 at the 61.5° W.L.orbita location under Special Temporary Authority (°STA®)."" Pursuant to Section 309(D ofthe Communications Act of 1934," Rainbow DBS hereby requests extension ofts STA to operate Rainbow 1 over Channels 23 and 24 for a period notto exceed 180 days beginning on April 5, 2004, PA subject to the same conditions that apply under ts current STA."‘— Rainbow DBS‘s use of 5 EehoStar Satelite Corporation and Rainbow DBS Company LLC, File Nos. SAT—STA— 20030617—001 17 and SAT—STA—20030623—00122, Order anduthorizaton, DA 03—3024 (rel.Out1, 2003)("Rainbow DBS STA Order"). n addition to the STA for Channels 23 and 24, Rainbow DBS operates Rainbow 1 over Odd Channels 1 through 21 at 61.5° W.L. under ts permanent icense. (File No: SaT—MoD—20020408—00062). * 4708053000 # Rainbow DBS STA Order ¥§ 14—21.

the two channels since the award has resulted in a signifiant expansion ofprogramming options to consumers and has been an important asset to the fedaling operation‘s attempts to entera DBS market dominated by two incumbents with more than 20 million subscribers and more than ten fold the spectral capacity of Rainbow DBS. As with the inital grant of STA, extension will enable Rainbow DBS to compete more effectively in the DBS marketplace, thercby increasing facilities—based DBS competition, ensuring the most eficient use ofscarce spectrum, and improving consumer welfre by enabling Rainbow DBS to provide all of ts subscribers the widest possible array ofprogramming. On October 1, 2003, the Commission‘s Intemational Bureau granted Rainbow DBS® request for STA to operate the Rainbow 1 DBS satellite over Channels 23 and 24 at the 61.5° W.Lorbital location. Shortly thereafter, EchoStar vacated the two channels," and Rainbow DBS began operating over the channels in accordance with the terms ofthe STA. Rainbow DBS began offering its VOOM DBS serviceto the public on October 15, 2003. VOOM is thefirst television service to provide a comprehensive array ofhigh—defintion television ("HDTV") programming to customers throughout the contiguous United States. VOOM offers consumers far more HDTV programming than any other satelite or cable service, including a package of21 original, commercialfree, 1080i channels created expressly to meet the demand oftoday‘s rapidly growing but currently underserved HDTV audience. VOOM customers currently receive a total of33 HDTV channels and 76 standard—definition channels. f Undera previous grant of STA, EchoStar had operated over Channels 23 and 24 fo a period of more than five years. The Rainbow DBS STA Order required that EchoStar vcate its operations overthe two channels by Ostober 8 2003, which EchoStar did.

L GRANT OF STA EXTENSION WILL NOT CAUSE ANY HARMEUL INTERFERENCE AND WILL SERVE THE PUBLIC INTEREST The Commission has a long—standing policy ofgranting STA where such authorization willnot cause harmfulinterference to other licensed operations and will serve the public interest, convenience and necessity." The same publicinterest factors underlying the Rainbow DRS STA Order in October 2003 remain fully applicable. As Rainbow DBS noted in itsinital STA application, the public interest is served by the STA because i: (1) makes effcient use of fallow spectrum; (2) enables a new entrant to provide expanded serviceto its customers; and (3) fosters competition by enabling Rainbow DBS to offer more program options to consumers,"" The Commission granted the inial STA becauseit would *allow Rainbow [DBS, a new entrant in the DBS business, the opportunity to use expanded capacity for a limited period of time, in order to help initate its DBS service."" Rainbow DBS has not and will not cause harmful nterference to other licensed operations since the two channels it uses under STA are unessigned."" In any event, Rainbow DBS accepts and will continue to accept as a condition of STA that it wll "cause no harmful * Rainbow DBS STA Order 15. See also Newcomb Communications, In., Order and Authorization, 8 EC Red 3631, 3633 (1993); American Telephone & Telegraph Company, Order, 8 FCC Red $742 (1993);Columbia Communications Corporation, Order, 11 ECC Red 8639, 8640 (1996). 4 Applieation of R/L DBS Company, LLC for Special Temporary Authorityto Operatea Direct Broadeast Satellte Over Channels 23 and 24 atthe 61.5° W.L. Orbital Location, File No. SAT—STA— 20030623—00122, t 9—15 (RiledJune 23, 2003) (cting publc interetjusifieations used by the Commission to isoue previous grants ofSTA in the DBS service) ® Rainbow DBS STA Order 16. * Seeid. 15 (concluding tht Rainbow DBS use of Channels 23 and 24 at 61.5° W.L. "willnot cause harmful intrference.")

interference to any other lawfully operating radio sation" and will "cease operation on those channels immediately upon notification of such interference.""" Rainbow DBS‘s VOOM service is stillin is introductory phase and the additional capacityis vitalto its operations. Rainbow DBS has recently introduced additional programming and equipment packages to drive ts product into the market in competition with cable and DBS providers. Rainbow DBS offers 33 HD channels and 76 SD channels,including 21 exclusive VOOM 21 channels produced by Rainbow — the largest and richest HD package of any provider. Channels 23 and 24, the channels operated under the STA, are used to transmit six HD and 14 SD channels ofthe VOOM productline thatare discrete, standalone and separately priced, providing customers with a more robust and competitive MVPD service in a market dominated by MVPDs that are able to offer many more program channels. Thus, use ofthese channels for an additional STA period will,as before, help Rainbow DBS initite its new service in a highly competitive markeiplace. Rainbow DBS accepts in connection with its STA extension the same conditions imposed y the October 1, 2003 iniial STA grant, including a non—interference obligation, a consumer notification requirement, and an obligation to cease operations immediately upon the sooner of the STA expiration ofthe assignment of Channels 23 and 24 at 61.5° W.L."" 11. SECTION304 WAIVER In accordance with Section 304 of the Communications Act, Rainbow DBS, as the party to this application, hereby waives any claim to the use of any particular frequency or ofthe ®~ uqi ®~ uqplen ®~— aruscogs04

setase t. reecrnmertwnis sumur tracramit rue elecromagnetic spectrum as againthe reguliory power ofthe United States because ofthe previous use ofthe same, whether by license or otherwise L CONCLUSION Forth foregoing reasons, Rainbow DBS respectfilly requests tha the Commission extend ts specia! temporary authority for DBS channels 23 and 24 at 61.5° W for a priod of 180 days beginning AprilS, 2004, ibject tothe condiions described herein Respecifilly Submined, Rainbow DBS Company LLC By Tiie mesncg Rainbow DBS Company 200 Jericho Quadrangle Jericho, NY 11753 (s16) son.2s00 Dated: Mards 14, 8.00 4

serermc intte recarmemszins nomaur ul ramt m ACT Pursuantto Section 1 2002 ofthe Commission‘s ules 47 CER. §1.2002, Rainbow DBS Company LLC (‘Rainbow DBS") cenifiestht neither Rainbow DBS, nor any of ts stareholders, nar any of is offices ordirectors, are ubject to a denia of Federal benefrs pursuant to authority granted in Section 5301 of the Ar—Drug Abuse Act of 1988 Respectfuly Submited, Raisbow DBS Company LLC »isfi rfl:-m@m_@?fiw § Rainbow DBS Company 200 Jericho Quadrangle Jericho, NY 21783 (516) s03—2500 Dasd: Meadn ,1 4 , 8+# ¥ wnossam

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Document Created: 2005-02-15 10:08:10
Document Modified: 2005-02-15 10:08:10
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