SATELLITE INDUSTRY WANTS FCC TO CHANGE MVDDS DECISION

In unusual move that came just 7 weeks after original R&O and before arrival of final R&O on licensing, SBCA and its members continued to press FCC for change. SBCA, EchoStar and DirecTV accused FCC of ignoring test results and of not following established precedents. Supporters of change also believe Commission can find different band for MVDDS operators. Some industry observers believe change in White House might help cause of SBCA and is reason why they have continued attacks despite “overwhelming odds that appear to be stacked against them with R&Os.”

SBCA Pres. Charles Hewitt said Commission had “failed to justify its departure from its long-standing position” that sharing between broadcast satellite services and point-to-point terrestrial services “is not feasible.” He accused FCC of “ignoring evidence” that MVDDS operators would cause interference to DBS consumers. He said Commission also hadn’t explained adequately why “existing spectrum allocated for terrestrial microwave services isn’t suitable for MVDDS use.” Hewitt said FCC’s “about-face from longstanding precedent” could derail competitive inroads made by DBS companies. “This reversal is especially troubling in light of the fact MVDDS providers already have spectrum allocated for their use that is better suited for their proposed service.”

DirecTV petition said wireless services seeking to share spectrum were “guaranteed to undermine the service quality and reliability” of DBS service. “DirecTV believes that, should the Commission proceed to create and license ubiquitously deployed terrestrial systems in DBS downlink band, it will seriously threaten -- absolutely unnecessarily -- one of the great FCC success stories.”

EchoStar said Commission’s conclusions were “unreasonable, wrong” and led to unsound foundation for decision. Agency also erroneously premised plan on allowing 2.86% increase in availability of DBS service beyond aggregate 10% limit established by ITU, it said. EchoStar said it supported observation by FCC Comr. Furchtgott-Roth that licensing new service in spectrum would upset rights and settled reliance expectations of DBS industry. Interference issues may not stop Northpoint from deploying system because of “Trojan horse” of “mitigation, which may nullify whatever harmful interference limit” that Commission adopts, it said. “Northpoint’s plan to visit DBS subscribers whose TV service suffers harmful interference and to offer to mitigate” interference by building structures around dish or moving dish should be ruled illegal, EchoStar said.

FCC violated Administrative Procedure Act by allowing spectrum sharing in 12.2-12 GHz band, Skybridge filing said. Notice of Proposed Rulemaking (NPRM) said it was “premature to make any proposals based on Northpoint’s petition at this time.” NPRM proposed no rules and functioned as little more than notice of inquiry designed to collect information in anticipation of further notice and comment period. Skybridge also said R&O was “patently inconsistent” with “rigorous standards” Commission had “historically regulated in band.” Interference issues remained unresolved, it said. In 2nd petition, Skybridge urged Commission to make certain changes in rules on EPFD limits on NGSO FSS systems to make them “compatible” with WRC-2000 agreements on which they were based. Skybridge said there were several inconsistencies in R&O.

PanAmSat wants Commission to impose operational limits on protecting GSO FSS systems from harmful interference. R&O, which gives NGSO licensees up until 90 days of becoming operational before they are required to demonstrate compliance with applicable limits, will significantly undermine FCC enforcement authority, PanAmSat said. Commission should require licensees to show compliance at earliest possible date to give parties opportunity to review and comment on showings. PanAmSat also wants Commission to clarify and refine other aspects of preoperational and postoperational compliance procedures. Specifically, it seeks clarification or adjustment of confidence levels for sidelobe patterns, worst-case test points, maps illustrating geographic distribution of EPFD down levels, single entry validation limits and mechanisms for enforcing operational limits.

Northpoint Vp Toni Cook Bush told us filings “presented nothing new” and “reiterated the tired, long-rejected arguments” by DBS supporters designed to delay introduction of competition and Northpoint system to public. “The satellite industry is using the Petition for Reconsideration Process to reprint last week’s filings,” she said. “This is a transparent effort to cause further delay. It will not work. We believe the FCC’s goal is to get new, low-cost services to the public as quickly as possible. Obviously the NGSO systems are not ready to go -- Northpoint is.”