******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In re Application of ) ) EchoStar Satellite Corporation ) File No. SAT-STA-19990824-00085 For Special Temporary Authority ) to Test a Direct Broadcast Satellite ) ) ORDER Adopted: September 21, 1999 Released: September 21, 1999 By the Chief, Satellite and Radiocommunication Division: I. INTRODUCTION 1. By this Order, we grant EchoStar Satellite Corporation and its parent company, Echostar Communications Corporation (together "Echostar"), Special Temporary Authority ("STA") to test EchoStar's Direct Broadcast Satellite, EchoStar 5, on its channels at the 110§ W.L. orbit location, in addition to channels 28, 30 and 32 at this location. In a subsequent filing, EchoStar clarifies that it requests temporary authority to test at 110.0§ W.L. instead of its previously assigned location at 110.2§ W.L. because it is operating its EchoStar 4 satellite temporarily at this latter location. EchoStar currently has authority to operate 29 of the 32 channels at 110§ W.L. However, three of the satellite's 32 transponders need to be tested at channels 28, 30 and 32, which are assigned to DIRECTV but are not presently being used. Grant of this STA will serve the public interest by allowing EchoStar to fully test the new satellite's transponders in compliance with EchoStar's insurance policies. II. BACKGROUND 2. In 1995, EchoStar acquired certain DBS authorizations, including authorization for channel 24 at the 110§ W.L. orbital position. EchoStar was granted authority to launch and operate a DBS system using the additional 28 channels at 110§ W.L. in May 1999, thereby giving them authorization to use 29 channels. Thus, EchoStar has permission to operate channels 1-31 (odd) and 2-26 (even) at that location. On June 16, 1999, Echostar was granted an STA to put its DBS channels to immediate use by temporarily redeploying one of its in-orbit satellites located at the148§ W.L. orbit location. Echostar now requests an STA to use all of the channels at 110§ W.L. in order to fully test the transponders of Echostar 5, which is scheduled to be launched in September 1999. While Echostar has the authority to use 29 channels at 110§ W.L., it requests permission to use the remaining channels (28, 30 and 32), assigned to DIRECTV Enterprises, Inc. ("DIRECTV") for a period no longer than eight weeks or the commencement of use by DIRECTV, whichever occurs first. 3. In support of its request, Echostar asserts that the STA will serve the public interest, convenience, and necessity. First, EchoStar's insurers require all transponders of the satellite to be tested. Echostar can only comply with its insurers' request if it has temporary access to all channels at 110§ W.L. Second, testing at another orbital location would involve a significant increase in expenditure of fuel to move the satellite. EchoStar asserts that the additional expenditures to move the satellite are unnecessary when the three remaining channels at 110§ W.L. are currently not in use. 4. EchoStar also maintains that its temporary operation will not adversely affect any other licensed satellites. DIRECTV, the licensee of the three remaining channels, is not expected to use the channels for several months. Specifically, DIRECTV has been granted authority to relocate one of its satellites, DBS-1, from its current orbital location at 101§ W.L. to 110§ W.L. DIRECTV plans to relocate DBS-1 only after its new replacement satellite, DBS-1R, is launched, tested, and has commenced operation at 101§ W.L. DIRECTV expects to launch DBS-1R in October 1999. Therefore, Echostar asserts, there is a period of at least six weeks before DIRECTV relocates DBS-1 to 101§ W.L. 5. Finally, EchoStar emphasizes that it is only requesting testing authority for an eight-week period, and Commission precedent supports its request. Echostar states it is prepared to immediately terminate its testing operations if notified by the Commission that an authorized user is ready to utilize the spectrum or that testing operations are causing harmful interference to any authorized user of the spectrum. IIIIII. DISCUSSION IV 6. We find that the grant of this STA serves the public interest by allowing Echostar to fully test the health of its DBS satellite as required by its insurers. In addition, granting the STA eliminates excess expenditures necessary to move the satellite from one location to another. We previously noted that EchoStar's operation at the 110§ W.L. orbital location will provide consumers with a more competitive alternative to cable offerings and hasten competition in the multi-channel video distribution market. Granting this STA serves the public interest because it is the next step in furthering this goal. 7. Although EchoStar correctly states that no DBS satellite is currently operating at 110§ W.L., we note that DIRECTV has been granted authority to relocate its DBS-1 satellite to 110§ W.L. in the fall of 1999. EchoStar's brief use of the channels at 110§ W.L. does not appear to directly conflict with DIRECTV's proposed plan. However, DIRECTV has not filed comments regarding EchoStar's request to use the three remaining channels. We grant this STA on the condition that it does not conflict with usage by authorized users of the spectrum and does not cause harmful interference to any authorized user, such as DIRECTV. IV. CONCLUSION AND ORDERING CLAUSES 8. Based on the foregoing reasons, we find that granting this STA to EchoStar will serve the public interest, convenience, and necessity by allowing EchoStar to comply with its insurers' requirements to fully test the satellite's transponders and by eliminating unnecessary expenditures of fuel used to move the satellite. 9. Accordingly, pursuant to 47 C.F.R.  0.261, the Application of EchoStar Satellite Corporation for Special Temporary Authority to Test a Direct Broadcast Satellite over all DBS channels at the 110 W.L. orbital position, including DIRECTV's licensed channels, 28, 30 and 32, IS GRANTED, consistent with the terms and specifications set forth in its applications subject to the following conditions: (a) that no harmful interference shall be caused to any lawfully operating satellite or radiocommunication system and operations shall cease immediately upon notification of harmful interference; (b) that no authorized user is ready to use the spectrum and that operations shall cease immediately upon notification by the Commission that authorized use is scheduled to commence; (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 launches EchoStar 5 in September 1999 and terminate eight weeks from that date or upon notification from the Commission that an authorized user is ready to use the spectrum, whichever occurs first; (e) that EchoStar notify the Commission in writing no later than seven days after the testing of EchoStar 5 is completed. FEDERAL COMMUNICATIONS COMMISSION Thomas S. Tycz Chief, Satellite and Radiocommunication Division