FCC Web Documents citing 25.148

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • authorized after January 19, 1996, to provide service to Alaska and Hawaii from the acquired orbital location whenever it is "technically feasible." During the pendency of this application, the Commission eliminated Part 100 and made DBS service subject to the same regulations as other satellite services in Part 25. The DBS geographic service rules were amended and moved to Section 25.148(c). In pertinent part, the Commission in its order adopting the change emphasized that it is "technically feasible" to provide service to Alaska and Hawaii from the 148° W.L. orbital location. The Commission stated it will consider relaxing this requirement only upon provision of technical analyses demonstrating that such service is not feasible as a technical matter, or that while technically
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  • for the timely construction and operation of earth stations. By reducing the likelihood that resources will be allocated to ``phantom'' ventures, section 25.133 assures that unnecessary costs were not imposed on other services that would have been limited by the need for coordination to reduce interference with systems that are, in fact, not implemented. 7. Space Stations: Sections 25.140 through 25.148 include conditions to facilitate coordination to avoid harmful interference to other systems. These sections also outline conditions for qualification as an applicant, which enhances the likelihood that the proposed systems will be constructed, launched and operated if licensed. These conditions reduce the likelihood that unnecessary costs will be imposed on other services through coordination to reduce interference. Section 25.140 also
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  • Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969) ("WAIT Radio"); Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1166 (D.C. Cir. 1990) ("Northeast Cellular"). See supra discussion of the Commission's waiver standard at para. 11. DISCO II Order, 12 FCC Rcd at 24176 (para. 191). DISCO II Order, 12 FCC Rcd at 24161-2 (para. 156). See 47 C.F.R. § 25.148(f). The Commission's two-degree orbital spacing requirements do not apply to DBS satellites since the assignment plan of Appendices 30 and 30A of the ITU International Radio Regulations are based on satellite spacings of nine degrees for co-frequency, co-coverage operation. 47 C.F.R. § 25.137(b). Id. DBAC Application at Exhibit C, p.13. CAN-BSS1 82º, ITU Weekly Circular 2409, Special Section APS30/E/126 (Dec.
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  • Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969) ("WAIT Radio"); Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1166 (D.C. Cir. 1990) ("Northeast Cellular"). See supra discussion of the Commission's waiver standard at para. 11. DISCO II Order, 12 FCC Rcd at 24176 (para. 191). DISCO II Order, 12 FCC Rcd at 24161-2 (para. 156). See 47 C.F.R. § 25.148(f). The Commission's two-degree orbital spacing requirements do not apply to DBS satellites since the assignment plan of Appendices 30 and 30A of the ITU International Radio Regulations are based on satellite spacings of nine degrees for co-frequency, co-coverage operation. 47 C.F.R. § 25.137(b). Id. DBAC Application at Exhibit C, p.13. CAN-BSS1 82º, ITU Weekly Circular 2409, Special Section APS30/E/126 (Dec.
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  • W.L. and DIRECTV 1 to the 101º W.L. orbit locations, respectively. NRTC requests that any Commission action in response to the STA should be without prejudice to any appropriate enforcement action against DIRECTV in connection with a Petition for Administrative Sanctions filed by the State of Hawaii for failure to comply with the Commission's geographic service rules, 47 C.F.R. § 25.148(c). Upon review, we find that grant of DIRECTV's request for STA will serve the public interest by providing for efficient use of the geostationary satellite orbit and spectrum by providing U.S. consumers with HDTV programming. Moreover, DIRECTV is moving two of its authorized satellites from assigned locations to other assigned locations. The Commission has granted requests by satellite operators to
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  • Inc. AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P. 1676 International Drive Penthouse McLean, VA 22102 The Commission's decision was upheld by judicial action in 1997. See Revision of Rules and Policies for the Direct Broadcast Satellite Service, Report and Order, 11 FCC Rcd 9712 (1995), aff'd DIRECTV v. FCC, 110 F.3d 816 (D.C. Cir. 1997). See 47 C.F.R. §§ 1.2101-1.2113, 25.148(d) & (e). We note that the Commission recently revised the DBS rules in Part 100. See Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, 17 FCC Rcd 11331 (2002); see also Amendment of Parts 1, 21, 22, 24, 25, 26, 27, 73, 74, 80, 90, 95, 100, and 101 of the Commission Rules - Competitive Bidding,
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  • Esquire Mintz Levin Cohn Ferris Glovsky & Popeo, PC 701 Pennsylvania Ave., NW Suite 900 Washington, D.C. 20004 The Commission's decision was upheld by judicial action in 1997. See Revision of Rules and Policies for the Direct Broadcast Satellite Service, 11 FCC Rcd 9712 (1995), aff'd DIRECTV v. FCC, 110 F.3d 816 (D.C. Cir. 1997). See 47 C.F.R. §§ 1.2101-1.2113, 25.148(d) & (e). We note that the Commission recently revised the DBS rules in Part 100. See Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, 17 FCC Rcd 11331 (2002); see also Amendment of Parts 1, 21, 22, 24, 25, 26, 27, 73, 74, 80, 90, 95, 100, and 101 of the Commission Rules - Competitive Bidding,
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  • Administrative Sanctions against DirecTV Holdings, LLC, DIRECTV Enterprises, Inc., and USSB II, Inc. (DIRECTV). On March 20, 2003, MICROCOM filed Requests for Declaratory Rulings concerning Direct Broadcast Satellite (DBS) service to Alaska and to Hawaii by DirecTV that raise substantially the same issues. All three filings contend that DirecTV is violating the Commission's DBS geographic service rules (47 C.F.R. § 25.148(c)). We request public comment on the issues raised in these filings to ensure that we develop a full and complete record in light of the Commission's recent decision in Policies and Rules for the Direct Broadcast Satellite Service, IB Docket No. 98-21, FCC 02-110 (rel. June 13, 2002). The Petition for Administrative Sanctions, to the extent it seeks sanctions not
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  • FCC, 418 F.2d 1153 (D.C. Cir. 1969); Dominion Video Satellite, Inc., Order and Authorization, 14 FCC Rcd 8182 (1999). See In the Matter of Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, 17 FCC Rcd 11331 (2002)(``Part 100 Order''). Id at ¶ 132 Id. Id at ¶ 132. Hawaii Comments at 5. Id. 47 C.F.R. § 25.148(c). Part 100 Order at ¶ 72. DIRECTV Application at 8. DIRECTV Reply Comments at 2. Id. MB Docket No. 03-82. Id. DIRECTV STA Request at ¶ 4. Id. at ¶ 3. See email from Ms. Chantal Beaumier, Director, Space and International Regulatory Activities, Industry Canada to Rockie Patterson, Engineer, Satellite Engineering Branch, Federal Communications Commission (dated January 20, 2004). Id.
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  • § 1.2109(c). 47 C.F.R. § 1.2109(d). Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, 17 FCC Rcd 11331 ¶ 35 (2002). See Amendment of the Commission's Space Station Licensing Rules and Policies, Third Report and Order, 18 FCC Rcd 13486, 13492-93 ¶ 11-15 (2003) (``Third Space Station Reform Order''). 47 C.F.R. § 1.1107 (11)(b)(c). See §§ 25.148(e)(f), 1.2107. See ``International Bureau Clarifies Direct Broadcast Satellites Space Station Application Processing Rules,'' Public Notice, 19 FCC Rcd 1346 (2004). Third Space Station Reform Order 18 FCC Rcd at 13523-24 (Appendix B). See Mandatory Electronic Filing For International Telecommunications Services and Other International Filings, Notice of Proposed Rulemaking, FCC 04-133 (rel. June 30, 2004). 47 C.F.R. § 1.2107(c). 47 C.F.R.
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  • 157° W.L. orbit location. The license available for auction at that orbit location will therefore authorize the use of 29 channels, rather than 32 as previously announced in the Auction No. 52 Comment Public Notice. The licenses included in Auction No. 52 will be subject to the Commission's DBS service rules, including the geographic service rules at 47 C.F.R. § 25.148(c). A complete list and description of the licenses available in Auction No. 52 is included as Attachment A of this Public Notice. Rules and Disclaimers Relevant Authority Prospective applicants must familiarize themselves thoroughly with the Commission's rules relating to the DBS service contained in Title 47, Part 25 of the Code of Federal Regulations, and those relating to application and
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  • LLC, 18 FCC Rcd 7694 (Int'l Bur. 2003), the text quoted in NetSat 28's application belongs to the 2000 decision and is not found within the 2003 decision. See PanAmSat Order, 16 FCC Rcd at 11543 (para. 25); AT&T Order, 2 FCC Rcd at 4435 (paras. 30-31); EarthWatch Order, 15 FCC Rcd at 18728 (para. 9). Compare 47 C.F.R. § 25.148 with § 25.164. See also Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, 17 FCC Rcd 11331, 11354 n.166 (2002) (noting the current distinction between the totality of the circumstances standard applicable to DBS permittees and the strict milestone requirements applicable to FSS licensees). Id. Id. August 29 Modification Application at 53. See Section 1.3 of
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  • the general rule. Generally, the Commission may grant a waiver of its rules in a particular case if the relief requested would not undermine the policy objective of the rule and would otherwise serve the public interest. Although the Commission's geographic service rule embodies an important policy, it has on occasion granted waivers of this requirement. A waiver of section 25.148(c) of the Commission's rules will enable EchoStar 4 to provide maximum service in light of the satellite's power and capacity limitations. As EchoStar states, there is no western orbital location from which EchoStar 4 could ensure viable service to Alaska and Hawaii. We note that EchoStar is providing service to these states from its satellites at the 119° W.L. orbital
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  • 7.2 KPK 7.2 meter antenna, complies with the antenna gain patterns specified in Sections 25.209(a) and (b) of the Commission's rules. The equivalent isotropically radiated power (``E.I.R.P.'') of emissions of concern is a function of the antenna gain and the power supplied, which, for DBS operations, absent a technical showing and request to the ITU, is limited, pursuant to Section 25.148 of the Commission's rules, to 87.4 dBW in the DBS feeder link band as specified in Appendix 30A of the ITU's Radio Regulations. Pegasus's application lists a value of 89.0 dBW for operation, but does not contain a technical showing providing justification for an E.I.R.P. level above the 87.4 dBW level specified by the ITU. Consequently, in licensing Pegasus's operation,
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  • Columbia Communications Corp. Authorization to Launch and Operate a Geostationary C-band Replacement Satellite in the Fixed-Satellite Service at 37.5º W.L., Memorandum Opinion and Order, 16 FCC Rcd 20176 (Int'l Bur. 2001); GE American Communications, Inc., Order and Authorization, 10 FCC Rcd 13775 (Int'l Bur. 1995); Hughes Communication Galaxy, Inc., Order and Authorization, 3 FCC Rcd 3989 (1988). 47 C.F.R. § 25.148(f) (2004). DIRECTV 5 Application, Exhibit D at 3. DIRECTV 5 Application at Exhibit C; see also 47 C.F.R § 25.215 (cross-polarization requirement). Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, 17 FCC Rcd 11331, 11385 (2002). DIRECTV 5 Application at Exhibit C. See EchoStar Satellite Corp., Directsat Corp., EchoStar DBS Corp. Application for Authority to Make
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  • that applicants provide sufficient technical showings that their proposed systems could operate satisfactorily if all assignments in the BSS and feeder-link Plans are implemented, and Section 25.114(c)(22)(ii), which required that applicants provide analyses of the proposed system with respect to the limits in Annex 1 to Appendices 30 and 30A of the ITU Radio Regulations. The Commission also adopted Section 25.148(f), which states that operation of DBS systems with characteristics differing from those in the Appendix 30 and 30A plans may be permitted with adequate technical showing, and if a request has been made to the ITU to modify the appropriate Plans to include the system's technical parameters. The Commission also stated that in accordance with the ITU Radio Regulations, other
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  • applicants provide sufficient technical showings that their proposed systems could operate satisfactorily if all assignments in the BSS and feeder link Plans are implemented, and Section 25.114(c)(22)(ii), which required that applicants provide analyses of the proposed system with respect to the limits in Annex 1 to Appendices 30 and 30A of the ITU Radio Regulations. The Commission also adopted Section 25.148(f), which states that operation of DBS systems with characteristics differing from those in the Appendix 30 and 30A plans may be permitted with adequate technical showing, and if a request has been made to the ITU to modify the appropriate Plans to include the system's technical parameters. The Commission also stated that in accordance with the ITU Radio Regulations, other
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  • Mexico. Consent to this transfer became effective on September 22, 2010, at which time EchoStar's FCC authorization for EchoStar 8 was terminated. EchoStar Modification Application at 9-11. Joint Application for Review of Constellation Holdings, Inc., Mobile Communications Holdings, Inc., and ICO Global Communications (Holdings) Limited, Memorandum Opinion and Order, 19 FCC Rcd 11631, 11632, ¶ 2 (2004). 47 C.F.R. § 25.148(b); Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, 17 FCC Rcd 11331, 11352, ¶ 42 (2002). Advanced Communications Corporation Application for Extension of Time to Construct, Launch, and Operate A Direct Broadcast Satellite System, Memorandum Opinion and Order, 11 FCC Rcd 3399, 3411, ¶ 28, 3414, ¶ 37 (1995) (Advanced Application for Review). The information provided
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  • of Mexico. Consent to this transfer became effective on September 22, 2010, at which time EchoStar's FCC authorization for EchoStar 8 was terminated. 7EchoStar Modification Application at 9-11. 8Joint Application for Review of Constellation Holdings, Inc., Mobile Communications Holdings, Inc., and ICO Global Communications (Holdings) Limited, Memorandum Opinion and Order, 19 FCC Rcd 11631,11632, ¶ 2 (2004). 947 C.F.R. § 25.148(b); Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, 17 FCC Rcd 11331, 11352, ¶ 42 (2002). 10443 Federal Communications Commission DA 11-1251 Commission closely scrutinizes all milestone filings to determine whether diligent progress is made toward operation of the authorized DBS satellite.10 7.We have reviewed the information provided by EchoStar, and find that EchoStar did not
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  • confidential and withheld from public inspection. The statement that it had halted work was reported in the non-confidential, public version of the Spectrum Five February 2011 Letter. Joint Application for Review of Constellation Holdings, Inc., Mobile Communications Holdings, Inc., and ICO Global Communications (Holdings) Limited, Memorandum Opinion and Order, 19 FCC Rcd 11631, 11632, ¶ 2 (2004). 47 C.F.R. § 25.148(b); Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, 17 FCC Rcd 11331, 11352, ¶ 42 (2002). Applications of United States Satellite Broadcasting Company, Inc. and Dominion Video Satellite, Inc. for Extension of Time to Construct Direct Broadcast Satellite Systems, Memorandum Opinion and Order, 3 FCC Rcd 6858, 6859, ¶ 10 (1988) (USSB Order). See also Advanced
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  • kept confidential and withheld from public inspection.The statement that it had halted work was reported in the non-confidential, public version of the Spectrum Five February 2011 Letter. 19Joint Application for Review of Constellation Holdings, Inc., Mobile Communications Holdings, Inc., and ICO Global Communications (Holdings) Limited, Memorandum Opinion and Order, 19 FCC Rcd 11631, 11632, ¶ 2 (2004). 2047 C.F.R. § 25.148(b); Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, 17 FCC Rcd 11331, 11352, ¶ 42 (2002). 21Applications of United States Satellite Broadcasting Company, Inc. and Dominion Video Satellite, Inc. for Extension of Time to Construct Direct Broadcast Satellite Systems, Memorandum Opinion and Order, 3 FCC Rcd 6858, 6859, ¶ 10 (1988) (USSB Order). See also Advanced
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  • No. DBS 88-01, DA 03-1510). EchoStar seeks to operate EchoStar 4 on channels 7 and 11 instead of channels 3 and 5. EchoStar states that the transponders associated with channels 3 and 5 are not sustainable, but that EchoStar 4 is capable of providing service on other channels. The application also includes a request for waiver of 47 C.F.R. Section 25.148(c) which requires EchoStar 4 to provide service to Alaska and Hawaii from 157 W.L. DIRECTV ENTERPRISES, LLC SAT-STA-20040107-00002E Special Temporary Authority 01/07/2004 17:18:14:70600 Date Filed: DIRECTV requests special temporary authority, for a period of 180 days, to (i) drift its DIRECTV 5 satellite from its current orbital position at 119 degrees W.L. to the Canadian BSS 72.5 degree orbital location
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  • as their counterparts in the Mainland"); id., Separate Statement of Commissioner Michael J. Copps Dissenting in Part, Approving in Part (indicating that "I was open to going even further to ensure that the citizens of Alaska and Hawaii receive packages of services comparable in programming, price and quality to those available to citizens of the mainland states"). 47 C.F.R. 6 25.148(c) (2002). -3- 110" W.L. and 119" W.L. orbital positions, along with all four western locations, but not from the 61.5" W.L. orbital position? In light of the Commission's conclusions, no question should remain regarding the technical feasibility of providing service to Alaska and Hawaii from any short-spaced DBS orbital position that is located to the west of the 101" W.L.
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  • feeder link plan for ITU Region 2, which includes North and South America, (the "Region 2 Plans") set forth technical parameters for satellites operating in the region, as well as the process for implementing modifications to the Region 2 Plans for operations that vary from the planned assignment^.^ The Commission's rules require compliance with these regulations. See 47 C.F.R. 9 25.148(f). In accordance with the Region 2 Plans, DBS orbital assignments serving the same geographic area are separated by nine degrees. The United States has eight DBS orbital positions, three of which provide full-CONUS coverage. As the Commission has recognized, there is a limited amount of spectrum suitable for high-powered, direct-to-home video transmissions,' and all the DBS spectrum capable of providing
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  • procedure can be illustrated by examining U.S. DBS license applications, and associated Commission authorizations. DBS applicants must include in their applications the information specified in Appendices 30 and 30A for modifying the and with respect to the ITU filings at 55.5" and 56" W.L. made by the United Kingdom on behalf of INTELSAT. 26 See 47 C.F.R. $5 25.111(c), 25.114(~)(22), 25.148(f). 27 See 47 C.F.R. 9 25.148(f) ("5 25.148 Licensing Provisions for the Direct Broadcast Satellite Service. . . . (f) Technical qualifications. DBS operations must be in accordance with the sharing criteria and technical characteristics contained in Appendices 30 and 30A of the ITU's Radio Regulations. Operation of systems using differing technical characteristics may be permitted, with adequate technical showing,
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  • diligence requirements for DBS satellites by completing contracting for construction of the proposed satellite within one year of the grant of a construction permit, completing construction of the first satellite within four years of the grant, and placing the satellite in operation within six years of the grant.22 2o See 47 C.F.R. 25.1 1 l(c). 21 See 47 C.F.R. 9 25.148(c). 22 See 47 C.F.R tj 25.148 (b). - 10- VIII. SYSTEM COSTS AND FINANCIAL QUALIFICATIONS EchoStar estimates that the cost of constructing and launching the proposed satellite and operating it for one year will be as follows: Construction, Launch and Insurance $ 250-300 million Other Miscellaneous Costs 25-50 million First Year Operational Costs 10- 15 million TOTAL Estimated Costs $
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  • 12" from Hawaii and lower than 8" towards Alaska, with the majority of Alaska not even visible from the 86.5"W orbital location (Le., negative elevation angles). Even where those territories are visible, the extremely low elevation angles would not permit a viable DBS service due to the difficulty in 2o See 47 C.F.R. 25.1 1 l(c). 21 47 C.F.R. 3 25.148(c). 22 See Attachment 1, Technical Annex at 5-6. - 10- I . locating user receive dishes where they could "see" the 86.5' W.L. satellite because of building, terrain and foliage blockage. EchoStar is prepared to comply with the Commission's due diligence requirements for DBS satellites by completing contracting for construction of the proposed satellite within one year of the grant
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  • First Year Operational Costs 10- 1 5 million TOTAL Estimated Costs $ 285-365 million While the Commission does not require a prior demonstration of financial fitness for DBS system applicants, EchoStar is a publicly traded company that clearly has the financial capacity to fund these costs. Echostar's financial qualifications are a matter of public record. 21 See 47 C.F.R. 0 25.148(c). 22 See 47 C.F.R 5 25.148 (b). - 10- IX. LEGAL QUALIFICATIONS Echostar's legal qualifications are a matter of record and are also set forth in the Form 3 12 submitted today. X. STATUS OF OPERATIONS EchoStar intends to operate these DBS satellites on a non-broadcast, non-common carrier ba~is.2~ XI. PUBLIC INTEREST CONSIDERATIONS EchoStar has long sought ways in which
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  • Plans assign channels with designated frequencies at specified orbital slots for BSS satellites. Appendices 30 and 30A also contain procedures for modifying the Plans to accommodate systems whose technical parameters, including orbital location, differ from the planned assignments. See SES AMERICOM Comments at 5-13. The Commission Rules defer to these procedures. See 47 C.F.R. §§ 25.1 1 I(c), 25.1 14(c)(22), 25.148(f). SES AMERICOM Comments at 12, 18; New Skies Comments at 4. In the 2002 DBS Order, the Commission, with reduced-spacing scenarios fully in mind, explicitly declined to adopt additional technical rules governing the DBS service, stating that 3 Many parties echoed SES AMERICOM's arguments on the importance of following the current international and domestic rules and procedures in considering DBS
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  • 12" from Hawaii and lower than 8" towards Alaska, with the majority of Alaska not even visible from the 86.5"W orbital location (Le., negative elevation angles). Even where those territories are visible, the extremely low elevation angles would not permit a viable DBS service due to the difficulty in 2o See 47 C.F.R. 25.1 1 l(c). 21 47 C.F.R. 3 25.148(c). 22 See Attachment 1, Technical Annex at 5-6. - 10- I . locating user receive dishes where they could "see" the 86.5' W.L. satellite because of building, terrain and foliage blockage. EchoStar is prepared to comply with the Commission's due diligence requirements for DBS satellites by completing contracting for construction of the proposed satellite within one year of the grant
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  • diligence requirements for DBS satellites by completing contracting for construction of the proposed satellite within one year of the grant of a construction permit, completing construction of the first satellite within four years of the grant, and placing the satellite in operation within six years of the grant.22 2o See 47 C.F.R. 25.1 1 l(c). 21 See 47 C.F.R. 9 25.148(c). 22 See 47 C.F.R tj 25.148 (b). - 10- VIII. SYSTEM COSTS AND FINANCIAL QUALIFICATIONS EchoStar estimates that the cost of constructing and launching the proposed satellite and operating it for one year will be as follows: Construction, Launch and Insurance $ 250-300 million Other Miscellaneous Costs 25-50 million First Year Operational Costs 10- 15 million TOTAL Estimated Costs $
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  • 30 and 30A contain procedures for modifying the "BSS Plans," including to accommodate satellites at reduced orbital spacing. These procedures prescribe international coordination to protect existing systems. o The FCC rules incorporate these international procedures. Compliance with these rules is essentially the only technical qualification imposed by the FCC on DBS applicants. (See 47 C.F.R. 59 25.11 l(c), 25.1 14(c)(22), 25.148(f).) o In its 2002 revision of the DBS rules, the FCC explicitly held that these procedures ensure adequate protection of existing systems, while permitting new entry. With reduced-spacing scenarios fully in mind, the FCC declined to adopt other technical constraints. (2002 DBS Order, 11 130.) The FCC should continue to support the existing coordination procedures. o The FCC has consistently
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  • and 30A contain procedures for modifying the "BSS Plans," including to accommodate satellites at reduced orbital spacing. These procedures prescribe international coordination to protect existing systems. o The FCC rules incorporate these international procedures. Compliance with these rules is essentially the only technical qualification imposed by the FCC on DBS applicants. (See 47 C.F.R. $4 25.1 1 l(c), 25.1 14(c)(22), 25.148(f).) o In its 2002 revision of the DBS rules, the FCC explicitly held that these procedures ensure adequate protection of existing systems, while permitting new entry. With reduced-spacing scenarios fully in mind, the FCC declined to adopt other technical constraints. (2002 DBS Order, 7 130.) 0 The FCC should continue to support the existing coordination procedures. o The FCC has
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246171A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246171A1.txt
  • and 30A contain procedures for modifying the "BSS Plans," including to accommodate satellites at reduced orbital spacing. These procedures prescribe international coordination to protect existing systems. o The FCC rules incorporate these international procedures. Compliance with these rules is essentially the only technical qualification imposed by the FCC on DBS applicants. (See 47 C.F.R. $0 25.1 1 l(c), 25.1 14(c)(22), 25.148(f).) o In its 2002 revision of the DBS rules, the FCC explicitly held that these procedures ensure adequate protection of existing systems, while permitting new entry. With reduced-spacing scenarios fully in mind, the FCC declined to adopt other technical constraints. (2002 DBS Order, 7 130.) 0 The FCC should continue to support the existing coordination procedures. o The FCC has
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247223A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247223A1.txt
  • and 30A contain procedures for modifying the "BSS Plans," including to accommodate satellites at reduced orbital spacing. These procedures prescribe international coordination to protect existing systems. o The FCC rules incorporate these international procedures. Compliance with these rules is essentially the only technical qualification imposed by the FCC on DBS applicants. (See 47 C.F.R. $5 25.1 1 l(c), 25.1 14(c)(22), 25.148(f).) o In its 2002 revision of the DBS rules, the FCC explicitly held that these procedures ensure adequate protection of existing systems, while permitting new entry. With reduced-spacing scenarios fully in mind, the FCC declined to adopt other technical constraints. (2002 DBS Order, 7 130.) The FCC should continue to support the existing coordination procedures. o The FCC has consistently
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247224A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247224A1.txt
  • Appendices 30 and 30A contain procedures for modifying the "BSS Plans," including to accommodate satellites at reduced orbital spacing. These procedures prescribe international coordination to protect existing systems. o The FCC rules incorporate these international procedures. Compliance with these rules is essentially the only technical qualification imposed by the FCC on DBS applicants. (See 47 C.F.R. $4 25.11 l(c), 25.114(~)(22), 25.148(f).) o In its 2002 revision of the DBS rules, the FCC explicitly held that these procedures ensure adequate protection of existing systems, while permitting new entry. With reduced-spacing scenarios fully in mind, the FCC declined to adopt other technical constraints. (2002 DBS Order, 7 130.) The FCC should continue to support the existing coordination procedures. o The FCC has consistently
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258174A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258174A1.txt
  • has filed an application for authority to construct, launch, and operate a Direct Broadcast Satellite ("DBS") in the 12.2-12.7 GHz and 17.3-17.8 GHz frequency bands at the 86.5º W.L. orbital location. Placing this application on public notice is done without prejudice to the Commission making determinations regarding the merits of the proposal under pertinent Commission rules, including Sections 25.114(d)(13) and 25.148(f) (47 C.F.R. §§ 25.114(d)(13) and 25.148(f)). S2667 SAT-LOI-20050312-00062E Letter of Intent 03/12/2005 15:13:53:12000 Date Filed: Spectrum Five LLC Spectrum Five LLC ("Spectrum Five") has filed Petitions for Declaratory Ruling requesting authority to provide Direct Broadcast Satellite ("DBS") services, including local-into-local services, to the United States through two Netherlands-authorized satellites (Spectrum 1A and Spectrum 1B) located at the 114.5º W.L. orbital
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  • 9S, at its own risk, pending Commission action on this request in order to complete construction and launch of its satellite by the second quarter of 2006. (See File No. SAT-MSC-20050302-00079.) Placing this application on public notice is done without prejudice to the Commission making determinations regarding the merits of the proposal under pertinent Commission rules, including Sections 25.114(d)(13) and 25.148(f) (47 C.F.R. §§ 25.114(d)(13) and 25.148(f)). SAT-STA-20050427-00091E Special Temporary Authority 04/27/2005 16:49:08:47600 Date Filed: DIRECTV Enterprises, LLC DIRECTV Entreprises, LLC has filed a request for special temporary authority, for a period of 180 days, to (i) drift its DIRECTV 1 satellite from its current orbital position at 101.125º W.L. to the Canadian BSS 72.5º orbital location and to (ii) perform
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270751A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270751A1.txt
  • Ruling requesting authority to provide Direct Broadcast Satellite (DBS) services to the United States from a Gibraltar-authorized satellite (USAT-S1) located at the 105.5° W.L. orbital location. Placing this Petition for Declaratory Ruling on public notice is done without prejudice to the Commission making determinations regarding the merits of the proposal under pertinent of the Commission's rules, including Sections 25.114(d)(13) and 25.148(f) (47 C.F.R. §§ 25.114(d) and 25.148(f)). Page 1 of 2 For more information concerning this Notice, contact the Satellite Division at 202-418-0719; TTY 202-418-2555. Page 2 of 2
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  • by the Commission to operate 32 DBS channels at 148° W.L. using the EchoStar 1 and EchoStar 2 satellites. In July 2008, EchoStar 2 experienced an in-orbit failure. EchoStar seeks to operate EchoStar 5 at 148° W.L. under Commission authority using all 32 DBS channels. EchoStar also seeks a partial waiver of the DBS geographic service rules, 47 C.F.R. § 25.148(c). The file numbers of these applications have been changed from SAT-MOD-20081003-00199 and SAT-MOD-20081003-00200 to SAT-A/O-20081003-00215 and associated with Call Sign S2658. See also SAT-STA-20081003-00201 and SAT-MOD-20080825-00158 S2231 SAT-MOD-20080825-00158 E Modification 08/25/2008 14:03:50:55300 Date Filed: EchoStar Satellite Operating L.L.C. EchoStar Satellite Operating L.L.C (EchoStar) requests authority to suspend Direct Broadcast Satellite (DBS) operations on channels 2-32 (even) at the 148° W.L.
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  • DBS and other satellite services. We preserve certain specific Part 100 rules (i.e. license terms, due diligence and geographic service requirements, competitive bidding, and technical requirements) in Part 25 because DBS is a unique satellite service in some respects. Therefore, we add a new section to Part 25 entitled, "Licensing Provisions for the Direct Broadcast Satellite Service." This new Section 25.148, preserves certain Part 100 rules that apply only to the DBS service and that are not covered under existing Part 25 rules. We also move other Part 100 rules to Part 25, including a rule setting forth the definition of DBS and other rules addressing the technical requirements of the DBS service. The following chart identifies each former Part 100
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  • will remain as specified in the Part 100 Order rather than Section VII.I.1. of this Order. See Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, IB Docket No. 98-21, 17 FCC Rcd 11331, 11351 (para. 39) (2002) (Part 100 Order). DBS licensees will continue to be required to comply with the due diligence requirements of Section 25.148(b) rather than the milestone requirements we adopt in Section VII.C. below. Part 100 Order, 17 FCC Rcd at 11353 (para. 44); 47 C.F.R. § 25.148(b). Nothing in the discussion of the anti-trafficking rule in Section VII.D. will apply to DBS or DARS licenses. Instead, DBS license transfers are discussed in the Part 100 Order, 17 FCC Rcd at 11377-78 (para.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-102A1_Erratum.doc
  • will remain as specified in the Part 100 Order rather than Section VII.I.1. of this Order. See Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, IB Docket No. 98-21, 17 FCC Rcd 11331, 11351 (para. 39) (2002) (Part 100 Order). DBS licensees will continue to be required to comply with the due diligence requirements of Section 25.148(b) rather than the milestone requirements we adopt in Section VII.C. below. Part 100 Order, 17 FCC Rcd at 11353 (para. 44); 47 C.F.R. § 25.148(b). Nothing in the discussion of the anti-trafficking rule in Section VII.D. will apply to DBS or DARS licenses. Instead, DBS license transfers are discussed in the Part 100 Order, 17 FCC Rcd at 11377-78 (para.
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  • example, one possible required certification might be that a proposed DBS modification shall not cause greater interference than that which would occur from the current U.S. assignments in the International Telecommunication Union (ITU) Region 2 BSS Plan and its associated Feeder Link Plan. Another possibility is to require certifications that the licensee will meet the geographic service requirements in Section 25.148(c) of the Commission's rules. We invite interested parties to comment on these proposals, and to recommend other possible certification requirements. VII. PROCEDURAL MATTERS Final Regulatory Flexibility Analysis. As required by the Regulatory Flexibility Act (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was incorporated into the Space Station Reform NPRM and the Part 25 Earth Station Streamlining NPRM. The Commission sought
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-154A1_Erratum.doc
  • example, one possible required certification might be that a proposed DBS modification shall not cause greater interference than that which would occur from the current U.S. assignments in the International Telecommunication Union (ITU) Region 2 BSS Plan and its associated Feeder Link Plan. Another possibility is to require certifications that the licensee will meet the geographic service requirements in Section 25.148(c) of the Commission's rules. We invite interested parties to comment on these proposals, and to recommend other possible certification requirements. VII. PROCEDURAL MATTERS Final Regulatory Flexibility Analysis. As required by the Regulatory Flexibility Act (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was incorporated into the Space Station Reform NPRM and the Part 25 Earth Station Streamlining NPRM. The Commission sought
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  • allow reception of distant Fox affiliates in commercial establishment outside the grade B contour of a local Fox affiliate, and Fox Networks should immediately make available other Fox sports and entertainment programming from DBS satellites to commercial operators when there is no other alternative to receive that programming. Id. at 2-3. Applicants' Reply at 71-72 n.200. Id. See 47 C.F.R. §25.148(c); Policies and Rules for Direct Broadcast Satellite Service, 17 FCC Rcd 11331, 11364 ¶ 65 (2002). See Petitions Regarding DirecTV's DBS Service to the States of Alaska and Hawaii, MB 03-82, Public Notice, DA 03-862 (rel. Mar. 25, 2003). See 17 U.S.C. § 119. Johnson Broadcasting Comments at 1. Id. at 2. See Johnson Broadcasting, Inc. v. DirecTV, Inc., 16
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  • use the Direct Broadcast Satellite (``DBS'') service allocation scheduled to commence on August 6, 2003 (Auction No. 52). This auction will include 4 licenses for unassigned channels at orbital locations of 175º W.L., 166º W.L., 157º W.L., and 61.5º W.L. These licenses would be subject to the Commission's DBS service rules, including the geographic service rules at 47 C.F.R. section 25.148(c). Specifically, DBS licensees must provide DBS service to Alaska and Hawaii where such service is technically feasible from the authorized location. A complete list and description of the licenses available for Auction No. 52 is included as Attachment A. The Balanced Budget Act of 1997 requires the Commission to ``ensure that, in the scheduling of any competitive bidding under this
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  • & (c) (1989). The DBS rules set forth in Part 100 were subsequently revised and incorporated into Part 25 of the Commission's Rules. See Policies and Rules for the Direct Broadcast Service, Report and Order, IB Docket No. 98-21, 17 FCC Rcd 11331 (2002) (DBS Order). The new DBS due diligence requirements are now set forth in 47 C.F.R. § 25.148(b). EchoStar Satellite Corporation, Assignment of Direct Broadcast Satellite Orbital Positions and Channels, Memorandum Opinion and Order, 7 FCC Rcd 1765 (1992) (EchoStar Due Diligence Order). EchoStar Due Diligence Order, 7 FCC Rcd at 1770. At the time EchoStar's permit was issued, DBS orbit locations were assigned in east/west pairs, with service to the eastern half of the contiguous United States
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  • facto transfer of control. Part 100 R&O, 17 FCC Rcd at 11397, ¶ 141. Rainbow DBS March 22 Ex Parte at 1. See also infra paragraph 50. DBS operators that receive new or additional DBS authorizations after January 1996 must, inter alia, complete contracting for construction of their satellites within one year of grant of the authorization, 47 C.F.R. § 25.148(b)(1), and must complete construction of the first satellite in their DBS systems within four years of grant of the authorization. 47 C.F.R. § 25.148(b)(2). 47 C.F.R. §§ 1.2110(c)(2) & (5). Our decision here is distinguishable from our application of different attribution thresholds in other contexts. Our decision here is based specifically on the factors discussed above, i.e., our prohibition of
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  • and 101 of the Commission Rules - Competitive Bidding, Order, 17 FCC Rcd 6534 (2002) (modified by errata, 17 FCC Rcd 11146 (WTB 2002)). Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, 17 FCC Rcd 11331 (2002) (``Part 100 R&O''). The competitive bidding rules applicable to DBS are now set forth at 47 C.F.R. §§ 1.2101-1.2113, 25.148(d) & (e). See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 448, ¶ 124 (1997). The Commission has directed WTB to seek comment on specific mechanisms related
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  • DBS licensees using the fleet management modification procedure to certify that they will not cause greater interference than that which would occur from the current U.S. assignments in the International Telecommunication Union (ITU) Region 2 BSS Plan and its associated Feeder Link Plan. We will also require certifications that the DBS licensee will meet the geographic service requirements in Section 25.148(c) of the Commission's rules. These certifications are necessary to ensure that DBS fleet management modifications are consistent with the public interest, convenience, and necessity. Sirius states that it does not oppose the fleet management proposal for GSO DARS systems. Accordingly, we revise the streamlined modification procedure for fleet management so that it also applies to DARS space stations. Moreover, in
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  • U.S.C. § 340(i)(1); 47 U.S.C. § 338(k)(3), as amended by the SHVERA, and 17 U.S.C. §119(d)(6). Part 100 of the Commission's rules was eliminated in 2002 and now both FSS and DBS satellite facilities are licensed pursuant to Part 25 of the rules. Policies and Rules for the Direct Broadcast Satellite Service, 17 FCC Rcd 11331 (2002); 47 C.F.R. § 25.148. See, e.g., Application Of DirecTV Enterprises, LLC, Request For Special Temporary Authority for the DirecTV 5 Satellite; Application Of DirecTV Enterprises, LLC, Request for Blanket Authorization for 1,000,000 Receive Only Earth Stations to Provide Direct Broadcast Satellite Service in the U.S. using the Canadian Authorized DirecTV 5 Satellite at the 72.5° W.L. Broadcast Satellite Service Location, 19 FCC Rcd. 15529
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  • 28, 2004). See US Cable Group, at http://www.uscable.com (visited Oct. 28, 2004). See Sunflower Broadband, at http://www.sunflowerbroadband.com (visited Oct. 28, 2004). Under the geographic service rules, DBS operators must provide service to Alaska and Hawaii unless they can demonstrate that such service is technically infeasible. This requirement does not apply to satellites operating at 61.5º W.L. See 47 C.F.R. § 25.148(c). See also State of Hawaii, Petition for Administrative Sanctions of the State of Hawaii, MB Docket No. 03-82 (filed Feb. 6, 2003); MICROCOM, Request for Declaratory Ruling on DBS Service to Hawaii from 101 Degrees W.L., MB Docket No. 03-82 (filed Mar. 19, 2003). In our rules we define the Direct Broadcast Satellite Service as ``A radiocommunication service in which
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  • U.S.C. § 340(i)(1); 47 U.S.C. § 338(k)(3), as amended by the SHVERA, and 17 U.S.C. §119(d)(6). Part 100 of the Commission's rules was eliminated in 2002 and now both FSS and DBS satellite facilities are licensed pursuant to Part 25 of the rules. Policies and Rules for the Direct Broadcast Satellite Service, 17 FCC Rcd 11331 (2002); 47 C.F.R. § 25.148. See, e.g., Application Of DIRECTV Enterprises, LLC, Request For Special Temporary Authority for the DIRECTV 5 Satellite; Application Of DIRECTV Enterprises, LLC, Request for Blanket Authorization for 1,000,000 Receive Only Earth Stations to Provide Direct Broadcast Satellite Service in the U.S. using the Canadian Authorized DIRECTV 5 Satellite at the 72.5° W.L. Broadcast Satellite Service Location, 19 FCC Rcd. 15529
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  • the satellite.''). 47 C.F.R. § 25.201 (defining DBS service as ``[a] radiocommunication service in which signals transmitted or retransmitted by space stations, using frequencies specified in § 25.202(a)(7), are intended for direct reception by the general public. For the purposes of this definition, the term direct reception shall encompass both individual reception and community reception.). See also 47 C.F.R. §§ 25.148 (Licensing provisions for the DBS Service), 25.202(a)(7) (listing frequencies available for use by the DBS service). Sections 25.148(f) and 25.215 of the Commission's rules address technical requirements for the DBS service and its space stations, respectively. See 47 C.F.R. §§ 25.148(f), 25.215. for more information regarding HSD. 47 C.F.R. §§ 11.11(e) (``Organizations using other communications systems or technologies such as,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1_Erratum.doc
  • the satellite.''). 47 C.F.R. § 25.201 (defining DBS service as ``[a] radiocommunication service in which signals transmitted or retransmitted by space stations, using frequencies specified in § 25.202(a)(7), are intended for direct reception by the general public. For the purposes of this definition, the term direct reception shall encompass both individual reception and community reception.). See also 47 C.F.R. §§ 25.148 (Licensing provisions for the DBS Service), 25.202(a)(7) (listing frequencies available for use by the DBS service). Sections 25.148(f) and 25.215 of the Commission's rules address technical requirements for the DBS service and its space stations, respectively. See 47 C.F.R. §§ 25.148(f), 25.215. for more information regarding HSD. 47 C.F.R. §§ 11.11(e) (``Organizations using other communications systems or technologies such as,
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  • 20, 2005: Chairman Kevin J. Martin, Commissioners Michael J. Copps and Jonathan S. Adelstein. -FCC- Public Notice, Direct Broadcast Satellite Service Licenses Auction Closes; Winning Bidders Announced, Report No. AUC-04-52-I, 19 FCC Rcd 13193 (2004) (``Auction 52 Closing PN''); See also Auction of Direct Broadcast Satellite Licenses, Order, 19 FCC Rcd 820 (2004) (``DBS Auction Order''). Under 47 C.F.R. § 25.148, DBS auction winners were required to file FCC Form 312, a satellite service application. Rainbow DBS and EchoStar filed their respective applications (FCC Main Form 312 and Schedule B) on September 17, 2004 (IBFS File Nos. SAT-LOA-20040917-00182, SAT-LOA-20040917-00183, and SAT-LOA-20040917-00184). The applications were placed on public notice on December 20, 2004. See Satellite Space Applications Accepted for Filing, Policy Branch
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  • U.S.C. § 340(i)(1); 47 U.S.C. § 338(k)(3), as amended by the SHVERA, and 17 U.S.C. §119(d)(6). Part 100 of the Commission's rules was eliminated in 2002 and now both FSS and DBS satellite facilities are licensed pursuant to Part 25 of the rules. Policies and Rules for the Direct Broadcast Satellite Service, 17 FCC Rcd 11331 (2002); 47 C.F.R. § 25.148. See, e.g., Application Of DirecTV Enterprises, LLC, Request For Special Temporary Authority for the DirecTV 5 Satellite; Application Of DirecTV Enterprises, LLC, Request for Blanket Authorization for 1,000,000 Receive Only Earth Stations to Provide Direct Broadcast Satellite Service in the U.S. using the Canadian Authorized DirecTV 5 Satellite at the 72.5° W.L. Broadcast Satellite Service Location, 19 FCC Rcd. 15529
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-49A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-49A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-49A1.txt
  • U.S.C. § 340(i)(1); 47 U.S.C. § 338(k)(3), as amended by the SHVERA, and 17 U.S.C. §119(d)(6). Part 100 of the Commission's rules was eliminated in 2002 and now both FSS and DBS satellite facilities are licensed pursuant to Part 25 of the rules. Policies and Rules for the Direct Broadcast Satellite Service, 17 FCC Rcd 11331 (2002); 47 C.F.R. § 25.148. See, e.g., Application Of DirecTV Enterprises, LLC, Request For Special Temporary Authority for the DirecTV 5 Satellite; Application Of DirecTV Enterprises, LLC, Request for Blanket Authorization for 1,000,000 Receive Only Earth Stations to Provide Direct Broadcast Satellite Service in the U.S. using the Canadian Authorized DirecTV 5 Satellite at the 72.5° W.L. Broadcast Satellite Service Location, 19 FCC Rcd. 15529
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-120A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-120A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-120A1.txt
  • DBS on other services. As a threshold matter, we observe that up until the recent Northpoint ruling by the U.S. Court of Appeals for the D.C. Circuit, applications for DBS licenses to operate at any orbital location assigned to the United States under the ITU Region 2 Plan were filed in accordance with an auctions track, as specified by Section 25.148(d) and (e) of the Commission's rules. This track included both filing requirements for applications and a method by which to process them. Given the recent Northpoint ruling by the U.S. Court of Appeals for the D.C. Circuit, however, we cannot conduct an auction to award DBS licenses unless we change our current policy that permits DBS licensees to provide both
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-90A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-90A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-90A1.txt
  • underserved areas in the United States. In order to achieve these goals, we propose to apply geographic service rules for the states of Alaska and Hawaii in the 17/24 GHz BSS band. Specifically, to the extent that 17/24 GHz BSS band licensees provide DBS-like services, we propose to adopt rules analogous to those in effect for DBS satellites in Section 25.148(c) of the Commission's rules. These rules require licensees to provide service to Alaska and Hawaii where such service is technically feasible from the authorized orbit location. Applicants who do not propose to provide service to Alaska and Hawaii must provide technical analyses to the Commission demonstrating that such service is not feasible as a technical matter or that, while technically
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-90A1_Erratum.doc
  • underserved areas in the United States. In order to achieve these goals, we propose to apply geographic service rules for the states of Alaska and Hawaii in the 17/24 GHz BSS band. Specifically, to the extent that 17/24 GHz BSS band licensees provide DBS-like services, we propose to adopt rules analogous to those in effect for DBS satellites in Section 25.148(c) of the Commission's rules. These rules require licensees to provide service to Alaska and Hawaii where such service is technically feasible from the authorized orbit location. Applicants who do not propose to provide service to Alaska and Hawaii must provide technical analyses to the Commission demonstrating that such service is not feasible as a technical matter or that, while technically
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-128A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-128A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-128A1.txt
  • small cable operator pursuant to § 76.901(f) of the Commission's rules. See 47 C.F.R. § 76.909(b). Part 100 of the Commission's rules was eliminated in 2002 and now both FSS and DBS satellite facilities are licensed pursuant to Part 25 of the rules. Policies and Rules for the Direct Broadcast Satellite Service, 17 FCC Rcd 11331 (2002); 47 C.F.R. § 25.148. See, e.g., Application Of DirecTV Enterprises, LLC, Request For Special Temporary Authority for the DirecTV 5 Satellite; Application Of DirecTV Enterprises, LLC, Request for Blanket Authorization for 1,000,000 Receive Only Earth Stations to Provide Direct Broadcast Satellite Service in the U.S. using the Canadian Authorized DirecTV 5 Satellite at the 72.5° W.L. Broadcast Satellite Service Location, 19 FCC Rcd. 15529
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-206A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-206A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-206A1.txt
  • per month; America's Top 250, which adds NBA TV and additional audio channels, costs $52.99 per month; and America's Everything Pack, which adds 31 premium channels, costs $89.99 per month. Programming information available at http://www.dishnetwork.com/content/whats_on_dish/ programming_packages/index.shtml (visited Feb. 8, 2009). DBS providers are required, if technically feasible, to serve the entire United States, including Alaska and Hawaii. 47 CFR § 25.148(c). See Section III.C.3., infra, at ¶ 257. Small Price Increase at DISH, Big Jump in HDTV Costs, SkyREPORT, Jan. 3, 2007. DIRECTV Unveils 2007 Price Increases, SkyREPORT, Jan. 19, 2007. See also Linda Moss, DIRECTV Sets New Prices, Packages, Multichannel News, Jan. 22, 2007. See The DIRECTV Group, Inc., HD Programming, at http://www.directv.com/DTVAPP/packProg/channelChart 2.jsp?assetId=1100084 (visited Feb. 12, 2007). See The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-76A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-76A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-76A1.txt
  • achieve these goals, the NPRM proposed to apply geographic service rules for the states of Alaska and Hawaii in the 17/24 GHz BSS. Specifically, to the extent that 17/24 GHz BSS space stations are used to provide video programming to consumers in the United States, we proposed to adopt rules analogous to those in effect for DBS satellites in Section 25.148(c) of the Commission's rules. These rules require DBS licensees to provide service to Alaska and Hawaii where such service is technically feasible from the authorized orbital location. DBS applicants who do not propose to serve Alaska and Hawaii at the licensing stage must provide technical analyses to the Commission demonstrating that such service is not feasible as a technical matter
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-119A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-119A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-119A1.txt
  • (NAICS Code 517210). See 2005 Cable Competition Report, 21 FCC Rcd 2564-65, ¶ 130. See id. Part 100 of the Commission's Rules was eliminated in 2002 and now both FSS and DBS satellite facilities are licensed pursuant to Part 25 of the rules. Policies and Rules for the Direct Broadcast Satellite Service, 17 FCC Rcd 11331 (2002); 47 C.F.R. § 25.148. See, e.g., Application Of DirecTV Enterprises, LLC, Request For Special Temporary Authority for the DirecTV 5 Satellite; Application Of DirecTV Enterprises, LLC, Request for Blanket Authorization for 1,000,000 Receive Only Earth Stations to Provide Direct Broadcast Satellite Service in the U.S. using the Canadian Authorized DirecTV 5 Satellite at the 72.5° W.L. Broadcast Satellite Service Location, 19 FCC Rcd. 15529
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-56A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-56A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-56A1.txt
  • small cable operator pursuant to § 76.901(f) of the Commission's rules. See 47 C.F.R. § 76.909(b). Part 100 of the Commission's rules was eliminated in 2002 and now both FSS and DBS satellite facilities are licensed pursuant to Part 25 of the rules. Policies and Rules for the Direct Broadcast Satellite Service, 17 FCC Rcd 11331 (2002); 47 C.F.R. § 25.148. See, e.g., Application Of DirecTV Enterprises, LLC, Request For Special Temporary Authority for the DirecTV 5 Satellite; Application Of DirecTV Enterprises, LLC, Request for Blanket Authorization for 1,000,000 Receive Only Earth Stations to Provide Direct Broadcast Satellite Service in the U.S. using the Canadian Authorized DirecTV 5 Satellite at the 72.5° W.L. Broadcast Satellite Service Location, 19 FCC Rcd. 15529
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-86A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-86A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-86A1.txt
  • power to control both.'' 13 C.F.R. § 121.103(a)(1). See Broadcast Station Totals, supra FRFA note 11. Part 100 of the Commission's rules was eliminated in 2002 and now both FSS and DBS satellite facilities are licensed pursuant to Part 25 of the rules. Policies and Rules for the Direct Broadcast Satellite Service, 17 FCC Rcd 11331 (2002); 47 C.F.R. § 25.148. See, e.g., Application Of DirecTV Enterprises, LLC, Request For Special Temporary Authority for the DirecTV 5 Satellite; Application Of DirecTV Enterprises, LLC, Request for Blanket Authorization for 1,000,000 Receive Only Earth Stations to Provide Direct Broadcast Satellite Service in the U.S. using the Canadian Authorized DirecTV 5 Satellite at the 72.5° W.L. Broadcast Satellite Service Location, 19 FCC Rcd. 15529
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-40A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-40A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-40A1.txt
  • 2005. The third largest BSP is Knology, serving approximately 170,800 subscribers as of June 2005. Id. Part 100 of the Commission's Rules was eliminated in 2002 and now both FSS and DBS satellite facilities are licensed pursuant to Part 25 of the rules. Policies and Rules for the Direct Broadcast Satellite Service, 17 FCC Rcd 11331 (2002); 47 C.F.R. § 25.148. See, e.g., Application Of DirecTV Enterprises, LLC, Request For Special Temporary Authority for the DirecTV 5 Satellite; Application Of DirecTV Enterprises, LLC, Request for Blanket Authorization for 1,000,000 Receive Only Earth Stations to Provide Direct Broadcast Satellite Service in the U.S. using the Canadian Authorized DirecTV 5 Satellite at the 72.5° W.L. Broadcast Satellite Service Location, 19 FCC Rcd 15529
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-130A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-130A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-130A1.txt
  • in the copyright laws in title 17. See 47 U.S.C. §§ 340(i)(1) and 338(k)(3); 17 U.S.C. §119(d)(6). Part 100 of the Commission's rules was eliminated in 2002 and now both FSS and DBS satellite facilities are licensed under Part 25 of the rules. Policies and Rules for the Direct Broadcast Satellite Service, 17 FCC Rcd 11331 (2002); 47 C.F.R. § 25.148. See, e.g., Application Of DirecTV Enterprises, LLC, Request For Special Temporary Authority for the DirecTV 5 Satellite; Application Of DirecTV Enterprises, LLC, Request for Blanket Authorization for 1,000,000 Receive Only Earth Stations to Provide Direct Broadcast Satellite Service in the U.S. using the Canadian Authorized DirecTV 5 Satellite at the 72.5° W.L. Broadcast Satellite Service Location, 19 FCC Rcd. 15529
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-193A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-193A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-193A1.txt
  • in the copyright laws in title 17. See 47 U.S.C. §§ 340(i)(1) and 338(k)(3); 17 U.S.C. §119(d)(6). Part 100 of the Commission's rules was eliminated in 2002 and now both FSS and DBS satellite facilities are licensed under Part 25 of the rules. Policies and Rules for the Direct Broadcast Satellite Service, 17 FCC Rcd 11331 (2002); 47 C.F.R. § 25.148. See, e.g., Application Of Directv Enterprises, LLC, Request For Special Temporary Authority for the Directv 5 Satellite; Application Of Directv Enterprises, LLC, Request for Blanket Authorization for 1,000,000 Receive Only Earth Stations to Provide Direct Broadcast Satellite Service in the U.S. using the Canadian Authorized Directv 5 Satellite at the 72.5° W.L. Broadcast Satellite Service Location, 19 FCC Rcd. 15529
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-21A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-21A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-21A1.txt
  • proposed revisions to 47 C.F.R. §§ 25.115(a)(2) (proposing to change ``transmit'' to ``operate'', because the frequency bands listed include both transmit and receive bands); 25.142(b)(2)(ii)(proposing to change ``grant of construction authorization'' to ``grant of operating authority'' to be consistent with elimination of construction authorization requirement); 25.145(c)(1) and 25.146(i)(2) (proposing to specify North and South Latitude in geographic coverage requirements); and 25.148(b) (proposing to replace ``satellite station'' with ``space station'') in Appendix A. See Sections 25.259 and 25.260 of the Commission's rules, 47 C.F.R. §§ 25.259, 25.260. See proposed revisions to 47 C.F.R. §§ 25.259 and 25.260 in Appendix A. See proposed revisions to 47 C.F.R. §§ 25.117 and 25.272(a) in Appendix A. See proposed revisions to 47 C.F.R. §§ 25.109, 25.140(a),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-21A1_Rcd.pdf
  • A. 14Seeproposed revisions to 47 C.F.R. §§ 25.115(a)(2) (proposing to change "transmit" to "operate", because the frequency bands listed include both transmit and receive bands); 25.142(b)(2)(ii)(proposing to change "grant ofconstruction authorization" to "grant of operating authority" to be consistent with elimination of construction authorization requirement); 25.145(c)(1) and 25.146(i)(2) (proposing to specify North and South Latitude in geographic coverage requirements); and 25.148(b) (proposing to replace "satellite station" with "space station") in Appendix A. 15SeeSections 25.259 and 25.260 of the Commission's rules, 47 C.F.R. §§ 25.259, 25.260. 16Seeproposed revisions to 47 C.F.R. §§ 25.259 and 25.260 in Appendix A. 17See proposed revisions to 47 C.F.R. §§ 25.117 and 25.272(a) in Appendix A. 18See proposed revisions to 47 C.F.R. §§ 25.109, 25.140(a), 25.146(e), 25.203(g)(2)
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-191A1.html
  • process to the satellite.''). 146 47 C.F.R. 25.201 (defining DBS service as ``[a] radiocommunication service in which signals transmitted or retransmitted by space stations, using frequencies specified in 25.202(a)(7), are intended for direct reception by the general public. For the purposes of this definition, the term direct reception shall encompass both individual reception and community reception.). See also 47 C.F.R. 25.148 (Licensing provisions for the DBS Service), 25.202(a)(7) (listing frequencies available for use by the DBS service). Sections 25.148(f) and 25.215 of the Commission's rules address technical requirements for the DBS service and its space stations, respectively. See 47 C.F.R. 25.148(f), 25.215. 147 Our rules do not define HSD. The HSD service uses Fixed- Satellite Service (FSS) space stations, while the
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=52
  • of the first satellite in the DBS system must be completed within 4 years. All satellite stations in a DBS system shall be in operation within 6 years of the grant of the authorization. In addition, DBS licensees must submit annual progress reports on system implementation pursuant to Section 25.210(1) of the Commissions rules. Geographic Service As required by Section 25.148(c) of the Commissions rules, those entities acquiring DBS authorizations after January 19, 1996, must provide DBS service to Alaska and Hawaii where such service is technically feasible from the authorized orbit location. DBS applicants seeking to operate from locations other than 61.5 W.L. that do not provide service to Alaska and Hawaii must provide technical analyses to the Commission demonstrating
• http://www.fcc.gov/eb/Orders/2005/FCC-05-191A1.html
  • process to the satellite.''). 146 47 C.F.R. 25.201 (defining DBS service as ``[a] radiocommunication service in which signals transmitted or retransmitted by space stations, using frequencies specified in 25.202(a)(7), are intended for direct reception by the general public. For the purposes of this definition, the term direct reception shall encompass both individual reception and community reception.). See also 47 C.F.R. 25.148 (Licensing provisions for the DBS Service), 25.202(a)(7) (listing frequencies available for use by the DBS service). Sections 25.148(f) and 25.215 of the Commission's rules address technical requirements for the DBS service and its space stations, respectively. See 47 C.F.R. 25.148(f), 25.215. 147 Our rules do not define HSD. The HSD service uses Fixed- Satellite Service (FSS) space stations, while the