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 Before the
               FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C. 20554



In the Matter of

E-SAT, Inc., 
EchoStar Communications Corporation and
DBS Industries, Inc.

Application for Consent to Transfer of Control
of Authorization to Launch and Operate a 
Non-voice, Non-geostationary
Mobile Satellite System
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File No. SAT-T/C-20000502-00088
Call Sign S2149



                    ORDER AND AUTHORIZATION

Adopted:  November 21, 2000             Released:  November 22, 2000

By the Chief, International Bureau:

                      I.Introduction
1.     By this Order, we grant the application of EchoStar Communications Corporation (EchoStar)
and DBS Industries, Inc. (DBSI) to transfer control of E-SAT, Inc.'s non-voice, non-geostationary mobile
satellite service license from EchoStar to DBSI. This restructuring will allow E-SAT to proceed
expeditiously with the implementation of its system, enhancing competition and service offerings in the
mobile communications market.
                      II.BACKGROUND 
3.     In 1998, the International Bureau granted E-SAT a license to construct and operate a non-
voice, non-geostationary mobile satellite service (Little LEO) system.  E-Sat is authorized to operate a
six-satellite Little LEO system in the 148-148.905 MHz uplink and the 137.0725-137.9275 MHz
downlink frequency bands.  EchoStar now owns 80 percent of E-SAT stock, and DBSI owns the
remaining 20 percent of the shares.  Following the proposed transfer, DBSI will own 80.1 percent of E-
SAT's stock, and EchoStar the remaining 19.9 percent.  On May 24, 200, the International Bureau placed
this transfer of control application on public notice.  Satellite Policy Branch Information, Report No.
SAT-00043.  No comments or oppositions were filed.
                      IV. DISCUSSION
5.     Before we can approve this application, the Communications Act requires that we find the
proposed transfer serves the public interest, convenience and necessity.  To do so, we weigh any
potential public interest harms against potential public interest benefits. We especially consider any
potential competitive effects of the proposed change.  Other public interest factors considered may
include the speed with which new service is delivered to the public.  Our weighing of these public
interest factors is not limited to antitrust issues, but also encompasses the aims of the Communications
Act, with its preference for competitive processes and outcomes.  We therefore analyze this application
by determining whether there are any relevant product markets that might be adversely affected by the
proposed transaction, and then considering the competitive effects of the proposed transaction on those
markets.  
6.     Generally, E-SAT and other Little LEO systems provide mobile satellite data services.  In
this case, however, we need not precisely delineate the product market involved, because DBSI has no
significant business interests other than its current 20% interest in E-SAT. Therefore, DBSI's
acquisition of control of E-SAT will not result in further market concentration or in diminished
competition in any product market.
7.     We accept the applicants' uncontradicted statement that the proposed transfer will facilitate
the implementation of the E-SAT system, leading to further competition and service offerings in the
Little LEO service. 
                      VIII.CONCLUSION
9.     We find that granting this transfer application will serve the public interest, convenience, and
necessity, by expediting the implementation of a Little LEO system, thus increasing competition in the
mobile telecommunications market.  We therefore grant the application of EchoStar Communications
Corporation and DBS Industries, Inc. to transfer control of E-SAT, Inc.'s non-voice, non-geostationary
mobile satellite service license to DBS Industries, Inc.
                    X.ORDERING CLAUSES
11.    IT IS ORDERED that File No. SAT-T/C-20000502-00088,  Application for Consent to
Transfer of Control of Authorization to Launch and Operate a Non-voice, Non-geostationary Mobile
Satellite System IS GRANTED.
12.    This Order is issued under delegated authority, pursuant to Section 0.261 of the
Commission's rules, 47 C.F.R. 0.261, and is effective upon release.
                         FEDERAL COMMUNICATIONS COMMISSION


               

                         Donald Abelson
                         Chief, International Bureau