Attachment comments

comments

COMMENT submitted by DIRECTV

comments

2005-08-26

This document pretains to SAT-STA-20050321-00068 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2005032100068_452727

coOPY Before the FEDERAL COMMUNICATIONS COMMISSION RECEIVED Washington, D.C. 20554 AUG 2 6 2005 ) edCommuntcaton Conmisin n the Matter of ) ie dsn ) EcnoSrar Sateuurre Lacc. ) File No. SAT—STA—20050321—00068 ) Application for Special Temporary ) Authority to Move EchoStar 4 to 77° W.L.. ) ) Application for Blanket Authorization ) File No. SES—LFS—20050701—00852 ©f1,000,000 Receive—Only Earth Stations ) Call Sign: ©050196 R To Provide DBS Service in the U.S. ) lecej Using the Mexican—Authorized i ived EchoStar 4 Satelite at 77° W. ) AUG 3 9 2095 ons F commiENTs OF DIRECTV ENTERPRISES, LLC DIRECTV Enterprises, LLC (‘DIRECTV) hereby comments on the above referenced applications fled by EchoStar Satellite L.L..C. (‘EchoStar") seeking authority to relocate the EchoStar 4 Direct Broadcast Satelite ("DBS") space station to 77° W.L. where it would provide service into the United States." DIRECTV currently provides service to U.S. consumers in markets across the country from a DBS satellite operating under a Canadian authorization at the 72.5° W.L.orbital location —— just 4.5 degrees away from the slot where EchoStar proposes to operate. As DIRECTV has demonstrated in other proceedings, DBS satelites operating on a co—coverage, co—frequency basis with such litle orbital separation would cause harmful interference to DIRECTV‘s current * on July 62005,the Commission granted EchoGur‘s equestfor an STA to operate th EchoSar 4 sutlite at the 77° W L orttl loctionundera U.S. uthoriztio, pendingaction on th STA that is thesubject ofthis proceeding. Se FCC File No. SAT—STA—20050701—00142. * See DIRECTY Enterpries, LLC, D08—1890 (at‘ Bur, el. July 14, 2005)

services and place unacceptable limits on innovations in the future." However, neither DIRECTV‘s current satellit at72.5° W.L. nor EchoStar‘s proposed satelite at 77° W.L.is capable of operating on all 32 available DBS channels at the same time. Indeed, EchoStar 4 is capable ofoperating on only six transponders." Furthermore, the footprintof EchoStar‘s beam is focused on Mexico and therefore places signals of imited power over most ofthe United States. In these unique circumstances, DIRECTV believes that it may be possible to reach a short—term accommodation within the coverage and frequency constraints of these two particular satellites. To that end, DIRECTV has contacted EchoStar to explore such an arrangement. While the results of this contact so far are encouraging, the parties have not yet finalized an agreement that would protect service to DIRECTV‘s subscribers in the United States. Ifsuch an agreement is reached, DIRECTV would not object to grant ofthe specific applications in this proceeding." Itisimportant to note that an agreement in the particular circumstances presented in this proceeding will not resolve DIRECTV‘s more general long—term concems underlying the use of DBS slots separated by only 4.5 degrees. The use ofa satellite at 77° W.L. capable ofoperating on more DBS frequencies with improved coverage ofthe United States would present an entirely different set ofissues. Such issues, however, are not currently before the Commission in this proceeding, and accordingly this is not the appropriate time for comment. However, any * DIRECTV and its afilites have made numerous flingsin two other proceedings related to short—spaced BSS orbial ocations — Rep. No. SPB—196 and FCC Fle No. SAT—PDR.—20020425—00071. * See EchoStar Communictions Corpontion, 2004 Anmal Report Foom 10.%, at 6 (iled Mar. 16, 2005) (noting that 38 of44 tramsponders on the stelte have faed) DIRECTV‘ servicefrom 72.5° WL is beingprovided from a stelit lcensed by Canada n an orbial ocation allocatd to Canada underthe TTU Region 2 BSS Plan. DIRECTVeffors in this proceeding to reach a domestic accommodation with another US. operator for purposes ofserviceinto the U.S. on an imterim basi should not be construe asaffcting interationalrights with respectt hi orbia ocation.

aequiescence in this proceeding should not be taken as a waiver of DIRECTV‘s right to comment further should EchoStar or any other party seek to modify the terms of market access from the 77° W.L. DBS orbital slot, and DIRECTV specifically reserves all of its rights in this regard. Respectfully submitted, DIRECTV Enterpmises, LLC ham M. Wiltshire Michael D. Nilsson Hamus, WiUrsitke & Gramas Lip 1200 Eighteenth Street, N.W. Washington, DC 20036 202—730—1300 Counselfor DIRECTV Enerprises, LLC August 26, 2005

CERTIFICATE OF SERVICE Therebycertify that, on this 26th day of August, 2005, a copy of the foregoing Comments of DIRECTV Enterprises, LLC was delivered by hand to: Pantelis Michalopoulos Philip L. Malet Brendan Kasper Steptoe & Johnson LLP 1330 Connecticut Avenue, NW. Washington, DC 20036 ir~


Document Created: 2005-08-30 15:52:01
Document Modified: 2005-08-30 15:52:01
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