Before the Federal Communications Commission Washington, D.C. 20554 ) ) In re Application of ) ) EchoStar Satellite Corporation ) File No. SAT-STA-19990520- for Special Temporary Authority to Operate) 00055 a Direct Broadcast Satellite over Channels) 1-31 (Odd) and 2-26 (Even) at the) 110ø W.L. Orbital Location ) ) ORDER Adopted: June 16, 1999 Released: June 16, 1999 By the Chief, Satellite and Radiocommunication Division: I. INTRODUCTION 1. By this Order, we grant EchoStar Satellite Corporation ("ESC") and its parent company, EchoStar Communications Corporation (together "EchoStar"), Special Temporary Authority ("STA") to temporarily relocate a Direct Broadcast Satellite ("DBS"), EchoStar 4, from the 148ø W.L. orbital location to the 110.2ø W.L. orbital location and operate channels 1-31 (odd) and 2-26 (even) at that location. Grant of this STA will serve the public interest by allowing EchoStar to redeploy one of its in- orbit satellites to provide DBS service from these 28 channels months before the launch and permanent operation of the two satellites EchoStar 110 Corporation ("EchoStar 110"), an affiliate of ESC, has acquired from MCI Telecommunications Satellite ("MCI"). As a result, Alaska and Hawaii will receive DBS service at an earlier date. In addition, grant of the STA will allow EchoStar to point new subscriber equipment to the 110ø W.L. orbital location, thereby eliminating the need to repoint equipment added before the launch of the first permanent satellite to 110ø W.L. II. BACKGROUND 2. On May 19, 1999, MCI was granted authority to assign its authorization to construct, launch, and operate a DBS system using 28 channels at 110ø W.L. to EchoStar 110. As a result of this assignment, EchoStar 110 will have authority to operate channels 1-31 (odd) and 2-26 (even) at that location. MCI will also assign EchoStar 110 two partially constructed DBS satellites. These satellites will be launched by EchoStar, with the first launch to occur in the later part of 1999. In the interim, however, EchoStar requests an STA to put the 28 DBS channels acquired from MCI to immediate use by temporarily redeploying one of its in-orbit satellites now located at the 148ø W.L. orbit location. The redeployment, EchoStar states, will last only until the launch and testing of the first MCI satellite or 180 days, whichever comes first. EchoStar requests that the STA to operate the 28 channels acquired from MCI be contingent upon consummation of the MCI/EchoStar 110 assignment transaction. 3. In support of its request, EchoStar claims that the STA will benefit the public in two ways. First, it will allow EchoStar to commence DBS service months before the service would otherwise be possible, including service to Alaska and Hawaii using 30-36 inch earth station antenna. It will also provide immediate competition in the multi-channel video distribution market ("MVPD"). Second, EchoStar asserts that the STA will limit repointing expenses involved in transitioning its service offerings. EchoStar plans to migrate its core full-CONUS programming service from 119ø W.L. to the new satellites at 110ø W.L., and provide local, High Definition Television, data and other complimentary programming from 119ø W.L. EchoStar explains that when this migration occurs, each core programming subscriber will have to have his or her antenna repointed from 119ø W.L. to 110ø W.L., or purchase a double feed receiving antenna. Because EchoStar is adding thousands of new subscribers each month, the STA will allow EchoStar to point new subscriber antenna equipment to the 110ø W.L. orbital location from the outset. During the transition, EchoStar states it will simulcast from 119ø W.L. and 110ø W.L. to avoid any disruption of service. 4. For customers currently receiving service from the 148ø W.L. orbital location, EchoStar will provide the same programming from 119ø W.L. Most of these subscribers, according to EchoStar, already have two antennas, one oriented to 119ø W.L. and one to 148ø W.L., and therefore they will not need any additional equipment. For those subscribers with only one antenna oriented to 148ø W.L., EchoStar states that it will reorient the antenna or supply a second antenna, at its own expense. Further, during the transition process for these subscribers, EchoStar will simulcast the same programming from 148ø W.L. and 119ø W.L. and will not start moving the satellite from 148ø W.L. until subscribers are fully transitioned to 119ø W.L. EchoStar also states that upon the launch and successful testing of the MCI satellite, the programming traffic carried on EchoStar 4 will migrate to the new satellite and EchoStar 4 will be moved back to its original position at 148ø W.L. At this time, EchoStar will move the programming temporarily available from 119ø W.L. back to 148ø W.L. and thus will ensure a seamless transition for all subscribers. 5. Finally, EchoStar maintains that its temporary operation will not adversely affect any other licensed satellites. At present, no DBS satellite is operating at the 110ø W.L. orbit location. In the event DIRECTV, the only other DBS licensee at this location, deploys a satellite to operate at its assigned channels (28, 30 and 32), EchoStar states that there would be no harmful interference to DIRECTV. In any event, EchoStar notes that it would shut down its operation upon notification by the Commission that operation of the 28 channels by EchoStar 4 is causing harmful interference to any authorized user of the spectrum. In addition, EchoStar has stated its intention to return EchoStar 4 to the 148ø W.L. orbit location immediately upon termination of the STA or the launch of the first MCI satellite, which ever occurs first. 6. The State of Hawaii ("Hawaii") filed comments in support of this STA request. Hawaii contends that it welcomes the start of DBS programming earlier than projected. However, it notes its concern that customers in Hawaii may be adversely affected because the use of EchoStar 4 will require the use of a large 30-36 inch antenna to receive service. Hawaii urges DBS providers to design systems that will allow consumers to use smaller antennas and asks the Commission and EchoStar to bring Hawaii the same quality DBS service provided to the mainland. III. DISCUSSION 7. The Commission, in authorizing the MCI assignment to EchoStar 110, stated that the transaction will allow the 28 channels of DBS spectrum at 110ø W.L. to be used in a timely manner and "will allow EchoStar to provide consumers with a more competitive alternative to cable offerings and thereby increase competition in the [MVPD] market which should lead to additional service offerings and/or lower prices." We find that grant of this STA serves the public interest because it will allow this benefit to be realized at an earlier date. It will also accelerate the introduction of DBS service to residents of Alaska and Hawaii. Because EchoStar has stated it will take the necessary steps to ensure that service to its present customers will not be disrupted during the redeployment and subsequent return to 148ø W.L. of EchoStar 4, we find that consumers' interests will be served. Further, the STA will allow EchoStar to provide new subscribers full-CONUS service from 110ø W.L. without having to incur substantial costs to repoint user antennas. Because the STA applies to the 28 DBS channels to be assigned by MCI, we condition this authority on the consummation of the MCI/EchoStar 110 assignment transaction. 8. Although EchoStar correctly states that no DBS satellite is currently operating at 110ø W.L., we note that DIRECTV has requested authority to relocate its DBS-1 satellite to 110ø W.L. in the fall of 1999. Therefore, EchoStar 4 may be operating at the 110ø W.L. orbital position on channels 28, 30 and 32, simultaneous with DBS-1's operations on adjacent channels 27, 29 and 31, resulting in the partial overlap of frequencies. EchoStar, however, will be operating at the maximum separation distance permitted under the International Telecommunication Union ("ITU") BSS Plan. Further, EchoStar and DIRECTV's channels will be operating on opposite polarization (EchoStar from 110.2ø W.L. and DIRECTV from 109.8ø W.L.). Consequently, we do not believe that there will be any harmful interference between EchoStar and DIRECTV's adjacent channels. Nonetheless, we condition this STA on coordination of EchoStar's operations with DIRECTV if its pending modification application is granted. In addition, during the drift of EchoStar 4 from 148ø W.L. to 110.2ø W.L., we require EchoStar to coordinate use of its telemetry, tracking and control frequencies with those of other operational satellite systems, including any authorized by other administrations, that may be affected. 9. With respect to possible harmful interference to services other than satellite services sharing these frequency bands, EchoStar has filed supplemental information regarding compliance with Annex 1 to Appendix S30 of the ITU Radio Regulations. Based on EchoStar's analysis and additional mitigating factors that are not taken into account by the ITU (i.e., atmospheric absorption loss, and whether or not terrestrial communications systems are licensed and operating within an affected territory) as well as considering the temporary nature of EchoStar's operations at 110ø W.L., we believe there exists little potential for harmful interference to terrestrial systems from EchoStar 4's operations. Nevertheless, to ensure EchoStar's operations do not cause harmful interference, we condition this STA on a non-harmful interference basis to any other duly authorized radiocommunication operations. IV. CONCLUSION AND ORDERING CLAUSES 10. Based on the foregoing, we find that granting the STA to EchoStar will serve the public interest, convenience and necessity by expediting DBS service from the 110ø W.L. orbital location and hastening competition in the MVPD markets. 11. Accordingly, pursuant to 47 C.F.R.  0.261, the Application of EchoStar Satellite Corporation for Special Temporary Authority to Operate a Direct Broadcast Satellite Over Channels 1-31 (Odd) and 2-26 (Even) at the 110.2ø W.L. Orbital Location, File No. SAT-STA-19990520-00055, IS GRANTED consistent with the terms and specifications set forth in its applications subject to the following conditions: (a) the consummation of the assignment of MCI's authorization to construct, launch and operate a DBS system using 28 frequency channels at the 110ø W.L. orbital location, to EchoStar 110 Corporation; (b) that no harmful interference shall be caused to any lawfully operating radiocommunication systems and operations shall cease immediately upon notification of harmful interference; (c) this authorization is subject to change in any of its terms or cancellation in its entirety at any time upon reasonable notice, but without hearing, if in the opinion of the Commission, circumstances should require; (d) this temporary authority shall commence on the date EchoStar notifies the Commission that the MCI/EchoStar 110 assignment is consummated and terminate 180 days from that date or upon the successful launch, in-orbit testing and initial operation at 110.2ø W.L. of one of the satellites acquired from MCI, whichever is earlier; (e) in the event that DIRECTV is granted authority to operate a satellite at the 110ø W.L orbital location during the period of this STA, EchoStar will coordinate the operations of EchoStar 4 with DIRECTV; (f) during the drift of EchoStar 4 from 148ø W.L. to 110.2ø W.L., EchoStar will coordinate use of EchoStar 4's telemetry, tracking and control frequencies with those of all other in-orbit satellite systems that may be affected; (g) EchoStar 4 be returned to the 148ø W.L. orbital location, upon notification to the FCC and immediately after termination of this STA, and the coordination of transfer orbit telemetry, tracking, and control functions is complete. FEDERAL COMMUNICATIONS COMMISSION Thomas S. Tycz Chief, Satellite and Radiocommunication Division