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AWS-4 Order of Modification

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Released: February 15, 2013
Federal Communications Commission
DA 13-231

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matters of
)
)

Service Rules for Advanced Wireless Services in
)
WT Docket No. 12-70
the 2000-2020 MHz and 2180-2200 MHz Bands
)
)

Fixed and Mobile Services in the Mobile Satellite
)
ET Docket No. 10-142
Service Bands at 1525-1559 MHz and 1626.5-
)
1660.5 MHz, 1610-1626.5 MHz and 2483.5-2500
)
MHz, and 2000-2020 MHz and 2180-2200 MHz
)
)

Service Rules for Advanced Wireless Services in
)
WT Docket No. 04-356
the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 )
MHz and 2175-2180 MHz Bands
)
)

GAMMA ACQUISITION L.L.C.
)
)

Licensee of Mobile Satellite Service, Call Sign
)
E060430
)
)

NEW DBSD SATELLITE SERVICES G.P.
)
)

Licensee of Mobile Satellite Service, Call Sign
)
E070272
)

ORDER OF MODIFICATION

Adopted: February 15, 2013

Released: February 15, 2013

By the Acting Chief, Satellite Division, International Bureau and the Chief, Broadband Division, Wireless
Telecommunications Bureau:

I.

INTRODUCTION

1.
By this Order of Modification, we modify the Mobile Satellite Service (MSS) earth
station and Ancillary Terrestrial Component (ATC) licenses of Gamma Acquisition L.L.C. (Gamma) (call
sign E060430) and of New DBSD Satellite Services G.P. (New DBSD) (call sign E070272) in order to
authorize Gamma and New DBSD to provide Advanced Wireless Service (AWS) in the AWS-4 spectrum
band (2000-2020 MHz and 2180-2200 MHz). We take this action pursuant to the AWS-4 Report and
Order and Order of Proposed Modification
.1

1 See Service Rules for Advanced Wireless Services in the 2000-2020 MHz and 2180-2200 MHz Bands, WT Docket
Nos. 12-70 and 04-356, ET Docket No. 10-142, Report and Order and Order of Proposed Modification, 27 FCC
Rcd 16102, 16220-22, 16224, at ¶¶ 319-22, 331-22 (2012) (AWS-4 Report and Order and Order of Proposed
Modification
).

Federal Communications Commission
DA 13-231

II.

BACKGROUND

2.
The Commission allocated certain spectrum in the 2 GHz band for MSS in 1997 and
adopted rules for 2 GHz MSS systems in 2000.2 In 2005, New DBSD (then known as ICO) and Gamma
(then known as TMI) became the sole 2 GHz MSS systems, each with 20 megahertz of 2 GHz band
spectrum.3 Upon launching their satellites in 2008 and 2009, New DBSD obtained the authority to use
the 2010-2020 MHz and 2180-2190 MHz bands and Gamma obtained the authority to use the 2000-2010
MHz and 2190-2200 MHz bands.4 Thus, the 2 GHz MSS band was configured in an A-B/B-A block
duplex pairing. Further, the Commission granted New DBSD and Gamma ATC authority in 2009 and
2010, respectively.5
3.
In April 2011, the Commission added terrestrial Fixed and Mobile allocations to the
2000-2020 MHz and 2180-2200 MHz bands.6 In December 2012, the Commission issued the AWS-4
Report and Order
, in which it removed limitations associated with ATC by adopting rules for a stand-
alone terrestrial service in these spectrum bands termed “AWS-4.”7 As part of that action, the
Commission changed the MSS duplex pairing from A-B/B-A to A-B/A-B.8
4.
The AWS-4 Report and Order included an Order of Proposed Modification9 that
proposed modifications to Gamma and New DBSD’s licenses to add AWS-4 terrestrial operating
authority, to remove ATC authority, and to modify the MSS duplex pairing.10 Furthermore, to effectuate
the 2 GHz MSS band reconfiguration, the Commission directed Gamma and New DBSD to select in
which bands the licensees would operate.11
5.
On January 22, 2013, Gamma and New DBSD stated they would not protest the proposed
license modifications. 12 Additionally, Gamma stated that it would operate on the new 2 GHz MSS A

2 See Amendment of Section 2.106 of the Commission’s Rules to Allocate Spectrum at 2 GHz for Use by the
Mobile-Satellite Service, ET Docket No. 95-18, First Report and Order and Further Notice of Proposed
Rulemaking
, 12 FCC Rcd 7388, 7391, 7395, at ¶¶ 5-6, 14 (1997); Establishment of Policies and Service Rules for
the Mobile Satellite Service in the 2 GHz Band, IB Docket No. 99-81, Report and Order, 15 FCC Rcd 16127 (2000).
3 See Use of Returned Spectrum in the 2 GHz Mobile Satellite Service Frequency Bands, IB Docket Nos. 05-220,
05-221, Order, 20 FCC Rcd 19696, 19707, at ¶ 26 (2005).
4 See New ICO Satellite Services G.P., Application for Blanket Authority to Operate Ancillary Terrestrial
Component Base Stations and Dual-mode MSS/ATC Mobile Terminals in the 2 GHz MSS Bands, Order and
Authorization,
24 FCC Rcd 171 (2009) (ICO Waiver Order); TerreStar Networks Inc., Application for Blanket
Authority to Operate Ancillary Terrestrial Component Base Stations and Dual-Mode MSS/ATC Mobile Terminals in
the 2 GHz MSS Bands, Order and Authorization, 25 FCC Rcd 228 (2010) (TerreStar Waiver Order).
5 See generally ICO Waiver Order, 24 FCC Rcd 171; TerreStar Waiver Order, 25 FCC Rcd 228.
6 See Fixed and Mobile Services in the Mobile Satellite Service Bands at 1525-1559 MHz and 1626.5-1660.5 MHz,
1610-1626.5 MHz and 2483.5-2500 MHz, and 2000-2020 MHz and 2180-2200 MHz, ET Docket No. 10-142,
Report and Order, 26 FCC Rcd 5710 ¶ 2 (2011).
7 See generally AWS-4 Report and Order and Order of Proposed Modification, 27 FCC Rcd at 16102, ¶ 1.
8 Id. at 16120, 16168-69, 16220, ¶¶ 45, 175, 319.
9 Id. at 16220-22, 16224, ¶¶ 319-22, 331-32.
10 Id. at 16220-22, ¶¶ 319-321.
11 Id. at 16120, 16168-69, 16220, ¶¶ 45, 175, 319.
12 Letter from Jeffrey H. Blum, Senior Vice President & Deputy General Counsel, DISH, to Marlene H. Dortch,
Sec’y, Federal Communications Commission, WT Docket Nos. 12-70 and 04-356, ET Docket No. 10-142 (filed
Jan. 22, 2013) (Gamma/New DBSD January 22 Letter). Gamma and New DBSD are each wholly owned
2

Federal Communications Commission
DA 13-231
Block (2000-2010 MHz and 2180-2190 MHz); New DBSD stated that it would operate on the new 2 GHz
MSS B Block (2010-2020 MHz and 2190-2200 MHz).13

III.

DISCUSSION AND CONCLUSION

6.
Based on the record in this matter and the Commission’s decision in the AWS-4 Report
and Order, we conclude it is in the public interest to modify the Gamma and New DBSD licenses.14 The
license modifications will be effective on March 7, 2013, the date on which the rule changes contained in
the AWS-4 Report and Order become effective (other than those requiring OMB approval).15

IV.

ORDERING CLAUSES

7.
Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 316(a) of the
Communications Act of 1934, 47 U.S.C. §§ 154(i), 316(a), and Section 1.87 of the Commission’s Rules,
47 C.F.R. § 1.87, that the license of Gamma Acquisition L.L.C., call sign E060430, IS MODIFIED to
specify MSS operations in the 2000-2010 MHz and 2180-2190 MHz frequency bands, and to remove
ATC authority.
8.
IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 316(a) of the
Communications Act of 1934, 47 U.S.C. §§ 154(i), 316(a), and Section 1.87 of the Commission’s Rules,
47 C.F.R. § 1.87, that the license of New DBSD Satellite Services G.P., call sign E070272, IS
MODIFIED to specify MSS operations in the 2010-2020 MHz and 2190-2200 MHz frequency bands, and
to remove ATC authority.
9.
IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 316(a) of the
Communications Act of 1934, 47 U.S.C. §§ 154(i), 316(a), and Section 1.87 of the Commission’s Rules,
47 C.F.R. § 1.87, that AWS-4 operating authority IS GRANTED to Gamma Acquisition L.L.C.
10.
IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 316(a) of the
Communications Act of 1934, 47 U.S.C. §§ 154(i), 316(a), and Section 1.87 of the Commission’s Rules,
47 C.F.R. § 1.87, that AWS-4 operating authority IS GRANTED to New DBSD Satellite Services G.P.
11.
IT IS FURTHER ORDERED that this Order of Modification WILL BE SENT by
certified mail, return receipt requested, to Alison Minea, Corporate Counsel, DISH Network Corporation,
1100 Vermont Avenue, NW, Suite 750, Washington, DC 20005, and to Mr. Pantelis Michalopoulos,
Steptoe & Johnson LLP, 1330 Connecticut Avenue, NW, Washington, DC 20036-1795.16
12.
IT IS FURTHER ORDERED that the licensing staffs of the International Bureau and the
Wireless Telecommunications Bureau WILL UPDATE the International Bureau Filing System and the
Universal Licensing System in accordance with this Order of Modification and with the Commission’s
rules.
13.
IT IS FURTHER ORDERED that this Order of Modification WILL BE EFFECTIVE on
March 7, 2013.

subsidiaries of DISH Network Corporation. See AWS-4 Report and Order and Order of Proposed Modification, 27
FCC Rcd at 16109-10, ¶ 14.
13 See Gamma/New DBSD January 22 Letter.
14 See 47 C.F.R. § 1.87.
15 See 78 FR 8229 (Feb. 5, 2013).
16 See Letter from Pantelis Michalopoulos, Counsel for DISH Network Corporation, New DBSD Satellite Services
G.P., and Gamma Acquisition L.L.C., to Marlene H. Dortch, Sec’y, Federal Communications Commission (dated
Jan. 29, 2013) (notifying the Commission that Gamma and New DBSD updated their contact information in the
CORES database).
3

Federal Communications Commission
DA 13-231
14.
This action is taken under delegated authority pursuant to Sections 0.51, 0.131, 0.261,
and 0.331 of the Commission’s Rules, 47 C.F.R. §§ 0.51, 0.131, 0.261, and 0.331.
FEDERAL COMMUNICATIONS COMMISSION
Fern J. Jarmulnek
Acting Chief, Satellite Division,
International Bureau
Blaise Scinto
Chief, Broadband Division, Wireless
Telecommunications Bureau
4

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