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PETITION TO DENY submitted by National Rural Telecommunications Cooperative

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2004-11-22

This document pretains to SAT-STA-20041012-00198 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2004101200198_409010

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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