Attachment REPLY COMMENTS

REPLY COMMENTS

REPLY TO COMMENTS submitted by EchoStar

REPLY COMMENTS

2005-09-06

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

IBFS_SATSTA2005032100068_455356

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 Received In the Matter of SEP 1 6 2005 EchoStar Satellite LLC iraobee Poliey Branch File No. SAT—STA—20050321—00068 Authority to Move EchoStar 4 to 77° W.L. Call Sign: S2621 and to transfer EchoStar 4 to Mexican Control; Application for Modification of Direct File No. SAT—MOD—20050513—00103 Broadcast Satellite Authorization to Permit Call Sign: S2621 Long—Term Cessation of Operations atthe 157° W.L. Orbital Location; Application for Modification of Earth File No. SES—MFS—20050527—00662 Station Authorization to Add the EchoStar Call Sign: E020306 4 Satellte at 77° W.L. as a Point of Communication; Application for Blanket Authorization File No. SES—LFS—20050701—00852 Of 1,000,000 Receive—Only Earth Stations Call Sign: E050196 To Provide DBS Service in the U.S. Using the Mexican—Authorized EchoStar 4 Sateliteat 77° W.L. manoetams To: International Bureau REpLY CoMMENTS EchoStar Satellite LL.C. ("EchoStar") hereby submits its Reply Comments to the Comments of DIRECTV Enterprises, LLC (°DIRECTV") filed on August 26, 2005, with respect to only two ofthe above—captioned applications (File Nos. SAT—STA—20050321—00068 and SES—

LFS—20050701—00852)." No other party has submitted comments or oppositions on any ofthe pending applications to relocate EchoStar 4 to the 77° W.L. orbital location, to re—license the satellite as a Mexican—authorized space station, to operate up to one million receive—only earth stations for the provision of Direct Broadcast Satellite (*DBS") service in the United States from the 77° W.L. orbital location, and to add EchoStar 4 as a point of communications at 77° W.L. for one of EchoStar‘s earth stations. Significantly, DIRECTV‘s comments are confined to 77° W.L. This means that no party has commented on EchoStar‘s request to modify its DBS authorization at 157° W.L..to permit long—term cessation of operations at that orbital location. The Bureau should promptly grantall ofthe above—captioned applications as in the public interest AAs set forth in its applications, granting EchoStar authority to serve the United States with DBS service from a Mexican authorized satellite at 77° W.L. would provide much needed additional spectrum to help serve customers located in certain southern states. This additional copacity will be used to provide augmented coverage to markets with significant Spanish—speaking populations in significant portions of the United States. EchoStar further pointed out that the provi of service from EchoStar 4 at 77° W.L. would not cause harmful interference to any other authorized satellite because thereis no other U.S. BSS orbitallocation in the vicinity of 77° W.L. and because EchoStar 4 will be operated and maintained in accordance with the existing coordination agreements between the ‘ The Bureau has previously granted EchoStar‘s request for Special Temporary Authority ("STA") for thirty days to operate EchoStar 4 at the 77° W.L. orbital location in accordance with a U.S. authorization, subject to certain conditions. See FCC File No. SAT—$TA—20050701— 00142 (granted July 6, 2005). That STA has been extended for an additional thirty days and is the subject of a further extension request. See PCFile No. SAT—STA—20050803—00157 (granted August 5, 2005). See also File No. SAT—STA—20050826—00167 (pending).

Administrations of Mexico and Canada with respect to the adjacent BSS assignments of Canada (at72.5° W.L. and 82° W.L. orbital locations). DIRECTV notes that it is providing DBS service to the United States from one of its satelltes operating under a Canadian authorization at the 72.5° WL. orbital location. It further indicates that it may be possible to reach a short—term accommodation within the coverage and frequency constraints" ofits satellite and EchoStar 4, and that ifsuch an agreement can be reached between the two parties, DIRECTV would have no objection to granting the above—captioned applications. EchoStar too is optimistic that an informal agreement can be reached in short order with DIRECTV concerning the operation of EchoStar 4 at 77° W.L.* * EchoStar also agrees with DIRECTV that any such agreement regarding the operation ofEchoStar 4 at 77° W.L. would be without prejudice to the respective rights and obligations of the Administrations of Mexico and Canada as to the operations of BSS satellitesat the 72.5° W.L. and 77° W.L. orbital locations.. As the Bureau is aware, there are existing coordination agreements between the Administrations of Mexico and Canada regarding these two orbital locations.

No other party has commented or opposed any ofthe above—captioned applications. Accordingly, the Bureau should promptly grant all ofthe pending applications. EchoStar further requests that it be allowed to operate the EchoStar 4 satellite from the 77° W.L. orbital location in accordance with the operating parameters specified in the Technical Annex to the above—captioned blanket license application.* Respectfully submitted, EchoStar Satellite L.L.C. ”L‘ZF Molet" {Penm David K. Moskowitz Pantelis Michalopoulos Senior Vice President and General Counsel Philip L. Malet EchoStar Satellite LL.C. Daniel Mah 9601 South Meridian Boulevard Steptoe & Johnson rur Englewood, CO 80112 1330 Connecticut Avenue, NW (303) 723—1000 Washington, D.C. 20036 (202) 429—3000 Counselfor EchoStar Satellie L LC September 6, 2005 * I this regard, EchoStar specifically requests that it be relieved ofthe obligation to comply with the operational parameters set forth in Condition 1 to the STA granted on August 5, 2005. See File No. SAT—STA—20050803—00157, See also the revised technical parameters submitted by EchoStar in its Petition for Reconsideration, as supplemented, to the Burcau‘s Order denying EchoStar‘s STA request and dismissing the related applications. See EchoStar Satellite LLC, Memorandum Opinion and Order, DA 05—1581 (rel. June 3, 2005), reconsideration granted DA 05—2067 (rel.July 25, 2005).

cerniricate or sERvicE 1, Chung Hsiang Mah, with the law firm of Steptoe & Johnson LLP, hereby certify that on this 6th day of September, 2005, served a true copy of the foregoing "Reply Comments" by first class mail, postage pre—paid (or as otherwise indicated) upon the following: Donald Abelson® William M. Wiltshire International Bureau Michael D. Nilsson Room 6—C750 Harris, Wiltshire & Grannis LLP Federal Communications Commission 1200 18" Street, NW. 445 12" Street, SW. Washington, DC 20036 Washington, DC 20554 Cassandra Thomas* Interational Bureau Room 6—A666 Federal Communications Commission 445 12" Street, S.W. Washington, DC 20554 Fem Jarmulnek® Satellte Division International Bureau Room 6—A523 Federal Communications Commission 445 12Street, S.W. Washington, DC 20554 Robert Nelson® Satellte Division International Bureau Room 6—BS54 Federal Communications Commission 445 12" Street, S.W. Washington, DC 20554 * By Hand Delivery


Document Created: 2005-09-19 09:44:41
Document Modified: 2005-09-19 09:44:41
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