**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | File No.                     |
|                                  | *) | SAT-MOD-20050621-00132       |
| SES Americom, Inc.               | ** |                              |
|                                  |    | SAT-AMD-20051115-00218       |
| Application for Modification of  | *  |                              |
| the AMC-16 Fixed-Satellite       | *) | Call Sign: S2181             |
| Service Space Station to         | ** |                              |
| Temporarily Vacate the 85° W.L.  |    | File Nos.                    |
| Orbital Location and for         | *  | SES-MFS-20050622-00803       |
| Telemetry, Tracking and Control  | *) |                              |
| Operations during Drift of the   | ** | SES-AFS-20050713-00909       |
| AMC-16 to and from the 118.75°   |    |                              |
| W.L. Orbital Location            | *  | SES-AMD-20051115-01577       |
|                                  | *) |                              |
| SES Americom, Inc.               | ** | SES-MFS-20050622-00804       |
|                                  |    |                              |
| Application for Modification of  | *  | SES-AFS-20050713-00910       |
| Earth Station Licenses to        | *) |                              |
| Provide Telemetry, Tracking and  | ** | SES-AMD-20051115-01576       |
| Control of the AMC-16 Space      |    |                              |
| Station at the 118.75° W.L.      | *  | Call Signs: E040368, E040407 |
| Orbital Location                 | *) |                              |
|                                  | ** | File No.                     |
| EchoStar Satellite L.L.C.        |    | SES-MFS-20050624-00813       |
|                                  | *  |                              |
| Application for Modification of  | *) | Call Sign: E040344           |
| Blanket Authority to Operate     | ** |                              |
| 1,000,000 Receive-Only Earth     |    | File No.                     |
| Stations to provide              | *  | SES-LIC-20050621-00799       |
| Direct-to-Home Fixed-Satellite   | *) |                              |
| Service in the United States to  | ** | SES-AMD-20051118-01601       |
| add the AMC-16 Space Station at  |    |                              |
| the 118.75° W.L. Orbital         | *  | Call Sign: E050181           |
| Location as a Point of           | *) |                              |
| Communication                    | ** |                              |
|                                  |    |                              |
| EchoStar Satellite L.L.C.        | *  |                              |
|                                  | *) |                              |
| Application for Modification of  | ** |                              |
| Earth Station License to add the |    |                              |
| AMC-16 Space Station at the      | *  |                              |
| 118.75° W.L. Orbital Location as | *) |                              |
| a Point of Communication         | ** |                              |
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+----------------------------------+----+------------------------------+
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+----------------------------------+----+------------------------------+

**ORDER AND AUTHORIZATION**

**Adopted: April 7, 2006 Released: April 7, 2006**

By the Chief, International Bureau:

# INTRODUCTION

1.  With this Order, we modify licenses of SES Americom, Inc. (SES
    Americom) to authorize the telemetry, tracking, and command (TT&C)
    operations necessary to relocate SES Americom's AMC-16 satellite
    from 85° W.L. to the 118.75º W.L. orbital location (and back), where
    it will be operated pursuant to a Canadian authorization to Telesat
    Canada, until the Anik F3 satellite commences operations at that
    location. We also modify authorizations held by EchoStar Satellite
    LLC (EchoStar) so as to permit the reception of Ku-band[^1]
    direct-to-home (DTH) Fixed Satellite Service (FSS) from AMC-16 at
    the 118.75º W.L. orbital location, and TT&C and feeder link
    communications from U.S. earth stations to the AMC-16 satellite. We
    also grant SES Americom's request for a waiver Section 25.161(c) of
    the Commission's rules to allow it to retain its Ka-band[^2]
    authorization at the 85° W.L. orbital location. These actions will
    allow early commencement of Ku-band DTH FSS service to U.S.
    customers from an orbital location capable of providing service to
    the contiguous United States. Accordingly, our action here will
    improve the choice of service to consumers in the U.S. multichannel
    video programming distribution (MVPD) market.

# BACKGROUND

2.  In October 2001, Industry Canada awarded Telesat Canada an approval
    in principle to operate a hybrid C/Ku/Ka-band FSS satellite, Anik
    F3, at the 118.7° W.L. orbital location.[^3] In 2004, Telesat
    Canada's board of directors approved the "Anik F3 Agreement" between
    Telesat Canada and EchoStar.[^4] The ANIK F3 Agreement authorizes
    EchoStar, as a United States licensee, to access Ku-band capacity on
    Anik F3, as soon as it is operational, to provide DTH FSS
    programming throughout the United States.[^5] EchoStar states that
    its purpose for entering the agreement is to augment the spectrum
    currently used for MVPD services, including expanded
    local-into-local,[^6] international, high definition television and
    other programming.[^7] In 2005, we granted EchoStar authority for
    the United States facilities that would be used to effectuate the
    agreement.[^8] Telesat Canada plans to launch Anik F3 satellite in
    the second half of 2006. [^9]

3.  In order to provide service from the 118.7º W.L nominal location at
    an earlier date than the commencement of operations of the Anik F3
    satellite, EchoStar has requested that SES Americom move the AMC-16
    satellite to the 118.75º W.L orbital location.[^10] Echostar, SES
    Americom and Telesat Canada have entered into a Memorandum of
    Agreement concerning operations of AMC-16 at the 118.75º W.L.
    orbital location.[^11] EchoStar has separately entered into a
    satellite service agreement with SES Americom, under which EchoStar
    has leased the full capacity of the AMC-16 satellite from SES
    Americom.[^12] Accordingly, EchoStar seeks to add SES Americom's
    AMC-16 as a point of communication at the 118.75º W.L orbital
    location in its receive-only blanket earth station authorization,
    currently limited to the Anik F3 satellite, and to modify its feeder
    link earth stations to permit communications with AMC-16 at this
    location.[^13] Currently, SES Americom is authorized to operate the
    hybrid Ka-/Ku-band AMC-16 satellite at the 85º W.L. orbital
    location.[^14] Thus, in addition to Echostar's pending requests, SES
    filed an application seeking authority to relocate AMC-16 from the
    85º W.L. orbital location to the 118.75º W.L. orbital location on a
    temporary basis, where it would provide Ku-band service under a
    license issued by Industry Canada to Telesat Canada.[^15] SES
    Americom also filed applications to modify its earth station
    licenses to provide TT&C to AMC-16 at the 118.75º W.L. orbital
    location.[^16] The various requests were accepted for filing and
    placed on public notice.[^17] No comments were filed. On March 1,
    2006, Industry Canada authorized Telesat Canada to operate AMC-16,
    using Ku-band spectrum only, on an interim basis until Anik F3 is
    brought into use at the 118.7º W.L. orbital location.

4.  In addition, SES Americom filed an application, using the
    streamlined authorization procedures for fleet management,[^18] to
    move its Ku-band AMC-2 satellite to the 85° W.L. orbital
    location.[^19] The modification request became effective on June
    27, 2005. SES Americom indicates that AMC-2 will provide interim
    Ku-band service from the 85° W.L. orbital location during the period
    that AMC-16 is at the 118.75° W.L. orbital location.

# DISCUSSION

5.  In these applications, SES Americom and EchoStar request
    modifications to their respective licenses to authorize the
    temporary relocation of AMC-16 to the 118.75º W.L. orbital location,
    the reception of Ku-band DTH FSS from AMC-16 at the 118.75º W.L.
    orbital location by EchoStar's U.S. customers, and the operation of
    TT&C and feeder link communications from U.S. earth stations to the
    AMC-16 satellite. EchoStar plans to use AMC-16 to offer
    international programming, including existing services and new
    international services as they are added to EchoStar's programming
    line-up.[^20] By moving certain existing programming to AMC-16,
    EchoStar will free capacity on its other satellites, allowing
    EchoStar to provide expanded local-into-local and HDTV services to
    its customers.[^21]

6.  *Review of EchoStar's Applications*. In the *EchoStar Blanket
    Authorization*, the Bureau examined the public interest in allowing
    the Anik F3 space station to provide satellite service in the United
    States from the 118.7º W.L. orbital location, considering the effect
    on competition in the United States, eligibility and operating
    requirements, spectrum availability, and national security, law
    enforcement, foreign policy, and trade concerns.[^22] The Bureau
    found that grant of EchoStar's application was in the public
    interest despite the existence of de jure barriers to U.S.-licensed
    space stations in the Canadian market.[^23] The Bureau also found
    that operation of Anik F3 in the Ku-band frequencies at the 118.7º
    W.L. orbital location to provide DTH FSS presented no spectrum
    availability issues that would preclude authorization. We find that
    the analysis in the *EchoStar Blanket Authorization* likewise
    supports grant of SES Americom's and Echostar's requests concerning
    AMC-16. We find no material difference in the competitive and public
    interest considerations for Ku-band service to U.S. earth stations
    from a Canadian-licensed satellite at the nominal 118.7º W.L.
    orbital location, whether Anik F3 or AMC-16. Consequently, the
    conclusions we reached in the *EchoStar Blanket Authorization*
    remain valid for this request. EchoStar and SES Americom indicate
    that moving AMC-16 to the 118.75º W.L. orbital location will more
    quickly bring substantial new DTH FSS to U.S. customers in the near
    term, and will permit delivery of that capacity to a single EchoStar
    dish for many customers, which would not be possible from the 85º
    W.L. orbital location. [^24] We therefore grant modification of
    EchoStar's blanket earth station authority to permit reception of
    Ku-band DTH FSS from AMC-16 at the 118.75º W.L. orbital location.

7.  We also grant authority for EchoStar to provide feeder links to the
    AMC-16 space station from EchoStar's two nine-meter Ku-band earth
    stations located in Cheyenne, Wyoming.[^25] In the *EchoStar Blanket
    Authorization*, the Bureau found that these antennas comply with our
    technical rules, including the two-degree spacing technical
    standards, and authorized EchoStar to use the antennas to access
    "ALSAT" and Anik F3 as points of communication. We hereby modify
    that license to authorize access to AMC-16 as a point of
    communication at the 118.75º W.L. orbital location.

8.  *Review of SES Americom's Applications*. The Commission generally
    has allowed satellite operators to rearrange satellites in their
    fleet to reflect business and customer considerations where no
    public interest factors are adversely affected.[^26] Grant of this
    requested temporary relocation will allow SES Americom to provide
    interim services to its customer, EchoStar, and will provide
    EchoStar flexibility in providing improved service to U.S.
    consumers.

9.  Section 25.161(c) of the Commission's rules provides that a space
    station license will automatically terminate if removal of
    facilities renders the authorized station not operational for over
    90 days, unless specific authority is requested.[^27] SES Americom
    requests waiver of this rule in order to retain its authorization to
    operate in the Ka-band at the 85° W.L. orbital location. SES
    Americom indicates that it will resume Ka-band operations by AMC-16
    at the 85° W.L. orbital location no later than December 31,
    2006.[^28] SES Americom asserts that waiver of the rule is justified
    by the public interests to be achieved, without any adverse impact
    on users. The Bureau has indicated that Section 25.161(c) is
    intended to avoid unacceptable lapses in service to customers and to
    prevent warehousing of scarce orbit and spectrum resources.[^29] SES
    states that the move of AMC-16 is at the request of EchoStar, lessee
    of the full capacity of the AMC-16 communications payloads, so it
    has no other customer whose interests are at stake. We conclude that
    a waiver is warranted. We note that there will be no interruption in
    Ku-band service from the 85° W.L. orbital location because the AMC-2
    satellite is at the 85° W.L. orbital location. With respect to
    Ka-band operations, because the relocation is for a short duration
    with a defined end date, and because the temporary use of the
    satellite at a different orbital location will facilitate improved
    service to the satellite's current customer, without any lapse in
    service,[^30] we grant the requested waiver of Section 25.161(c).
    The grant of the waiver, however, is conditioned upon AMC-16
    returning to the 85° W.L. orbital location no later than December
    31, 2006.

10. We have exchanged letters with Industry Canada in order to ensure
    that there is a mutual understanding regarding the operation of the
    AMC-16 satellite. The understandings, and the factual background for
    these understandings, are provided as Annex A and are material
    considerations for the authorization contained in this Order.

# ORDERING CLAUSES

11. IT IS ORDERED that EchoStar Satellite, LLC's request, File No.
    SES-MFS-20050624-00813, to modify its authorization, Call Sign
    E040344, IS GRANTED[^31] and EchoStar Statellite, LLC is authorized
    to receive Ku-band Direct-To-Home Fixed Satellite Service from the
    Canadian-licensed AMC-16 at the 118.75º W.L. orbital location,
    consistent with the technical parameters specified in its
    application, and subject to the following conditions:

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i.  EchoStar is not authorized to provide programming to U.S. customers
    that it obtains through exclusive agreements entered into with
    Canadian licensed space station operators, program suppliers, and/or
    program distributors.

ii. EchoStar must comply with all rules applicable to other Commission
    licensees (*e.g.*, the public interest obligations of DTH FSS
    providers in the Ku-band, 47 C.F.R. § 25.701).

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12. IT IS FURTHER ORDERED that EchoStar Satellite, LLC's request, File
    No. SES-LIC-20050621-00799, as amended by SES-AMD-20051118-01601, IS
    GRANTED, and Echostar's earth station authorization, Call Sign
    E050181, IS MODIFIED to specify the AMC-16 space station at 118.75º
    W.L. orbital location as an authorized point of communication in the
    11.7-12.2 GHz/14.0-14.5 GHz frequency band subject to the following
    condition:

> Communications between the Cheyenne, Wyoming earth station(s) and the
> AMC-16 and Anik F3 satellites shall be in compliance with the
> satellite coordination agreements reached between Canada and other
> administrations.

13. IT IS FURTHER ORDERED that SES Americom, Inc.'s request, File No.
    SAT-MOD-20050621-00132, as amended by SAT-AMD-20051115-00218, to
    conduct Telemetry, Tracking and Control functions during relocation
    of the AMC-16 satellite from the 85º W.L. orbital location to the
    118.75º W.L. orbital location and during the satellite's subsequent
    return to the 85º W.L. orbital location IS GRANTED, and SES
    Americom, Inc.'s authorization for AMC-16, Call Signs S2181, IS
    MODIFIED, subject to the following conditions:

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i.  During the drift to the 118.75º W.L. orbital location, and during
    the return drift back to the 85º W.L. orbital location, SES
    Americom, Inc. shall not operate the main communications payload on
    AMC-16.

ii. SES Americom, Inc. shall coordinate all drift orbit Telemetry,
    Tracking, and Control operations with other potentially affected
    in-orbit operators.

iii. During relocation of the AMC-16 satellite, operations shall be on a
     non-harmful interference basis, meaning that SES Americom, Inc.
     shall not cause interference to, and shall not claim protection
     from interference caused to it by, any other lawfully operating
     satellites.

iv. In the event that any harmful interference is caused as a result of
    operations during the relocation of the AMC-16 satellite, SES
    Americom, Inc. shall cease operations immediately upon notification
    of such interference and shall inform the Commission immediately, in
    writing, of such an event.

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14. IT IS FURTHER ORDERED that SES Americom, Inc.'s requests, File Nos.
    SES-MFS-20050622-00803, as amended by SES-AFS-20050713-00909 and
    SES-AMD-20051115-0157; and SES-MFS-20050622-00804, as amended by
    SES-AFS-20050713-00910, and SES-AMD-20051115-0156, for authority for
    earth station operations for Telemetry, Tracking and Control
    functions with AMC-16 at the 118.75º W.L. orbital location, ARE
    GRANTED, and SES Americom, Inc.'s authorizations, Call Signs
    E040368, E040407, ARE MODIFIED to authorize such operations.

15. IT IS FURTHER ORDERED that SES Americom, Inc.'s request to waive
    Section 25.161(c) of the Commission's rules, 47 C.F.R. § 25.161(c),
    is GRANTED. SES Americom, Inc. shall continue to be authorized to
    operate the AMC-16 satellite in Ka-band frequencies at the 85º W.L.
    orbital location, and shall resume those operations upon the
    relocation to that location, no later than December 31, 2006. If SES
    Americom, Inc. does not resume operating in Ka-band frequencies at
    the 85º W.L. orbital location by that date, or if Ku-band operations
    at the at the 85º W.L. orbital location are not operational for 90
    days or more, the authorization will be automatically terminated.

16. IT IS FURTHER ORDERED that SES Americom, Inc. shall inform the
    Commission, through a letter to the Chief, Satellite Division, FCC,
    within five business days following the date on which the AMC-16
    satellite departs the 85° W.L. orbital location, and again within
    five business days following the return of the AMC-16 to the 85°
    W.L. orbital location.

17. SES Americom, Inc. is afforded thirty days to decline these
    authorizations as conditioned. Failure to respond within this period
    will constitute formal acceptance of the authorizations as
    conditioned.

18. This Order is issued pursuant to authority delegated in 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
>
> **ANNEX A**

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[^1]: As used in this *Order*, the term "Ku-Band" refers to the
    11.7-12.2 GHz (downlink) and 14.0-14.5 GHz (uplink) frequency bands.

[^2]: As used in this *Order,* the term "Ka-Band" refers to the
    18.6-18.8 GHz, 19.7-20.2 GHz, 28.4-28.6 GHz (Earth-to-space, and
    29.5-30.0 GHz (Earth-to-space) frequency bands.

[^3]: *See Information Bulletin, Industry Canada Awards Satellite
    Licence* \<http://www.ic.gc.ca.

[^4]: *See* EchoStar Satellite, LLC, Application for Authority to
    Operate U.S. Earth Stations with the Canadian-Licensed ANIK F3
    Satellite to Offer Direct-to-Home Fixed Satellite Service Throughout
    the U.S., IBFS File No. SES-LFS-20040831-01253 (August 31, 2004)
    (EchoStar Blanket Earth Station Application).

[^5]: *Id.*

[^6]: The term "local-into-local," as used in this Order, refers to
    provision via satellite retransmission of local broadcast channels
    to subscribers who reside in the local TV station's market, which is
    defined as a Designated Market Area, or "DMA." *See* 17 U.S.C. § 122
    (j)(2)(A).

[^7]: *See* EchoStar Blanket Earth Station Application, Narrative at 1.

[^8]: EchoStar Satellite LLC Application for Blanket Authorization to
    operate 1,000,000 Receive-Only Earth Stations, *Order and
    Authorization*, DA 05-3227 (Int'l Bur. 2005) (*EchoStar Blanket
    Authorization*) (granting EchoStar a blanket authorization for one
    million receive-only earth stations to receive Ku-band DTH service
    from Telesat Canada's Anik F3 space station, licensed by Industry
    Canada at the 118.7° W.L. orbital location).

[^9]: According to Telesat Canada's website: "Telesat\'s 17th satellite,
    Anik F3, is now under construction and is slated for service in the
    second half of 2006. ANIK F3 will provide a wide range of
    telecommunications, broadcasting, business communications and
    Internet-based services to users across North America."
    *\<*http://www.telesat.ca/satellites/index.htm\>.

[^10]: The 118.75º W.L. orbital location requested by SES Americom for
    AMC-16 is within the nominal 118.7º W.L. orbital location assigned
    to Canada under the *1988 Trilateral Arrangement*. Trilateral
    Arrangement Regarding Use of the Geostationary Orbit Reached by
    Canada, Mexico, and the United States, *Public Notice* (Sept. 2,
    1988) ("*1988 Trilateral Arrangement"*).

[^11]: SES Americom Application, at pp. 3-4.

[^12]: Application for Modification of SES Americom, Inc.,
    SAT-MOD-20050621-00132 (SES Americom Application) at pp. 3, 11.

[^13]: Echo Star made this request to add AMC-16 as a point of
    communication for one million receive-only earth stations located in
    the United States in an amendment it filed on June 24, 2005. File
    No. SES-AFS-20050624-00813. The amendment related to EchoStar's
    underlying application for blanket authority, which the Bureau
    granted on December 20, 2005, while reserving action on
    communication with AMC-16. *EchoStar Blanket Authorization*, DA
    05-3227 at ¶ 7. For administrative purposes, on March 28, 2006, the
    Satellite Division revised the file number of the request to
    communicate with AMC-16 to designate a modification of the blanket
    authorization and the file number has been changed to File No.
    SES-MFS-20050624-00813.

[^14]: Policy Branch Information, Actions Taken, *Public Notice*, Report
    No. SAT-00239, DA 04-2884 (rel. Sept. 3, 2004).

[^15]: The SES Americom Application**,** at pp. 3, 4.

[^16]: Satellite Communications Services, Satellite Radio Applications
    Accepted for Filing, *Public Notice*, Report No. SES-00744 (rel.
    Aug. 31, 2005).

[^17]: Policy Branch Information, Satellite Space Applications Accepted
    for Filing, *Public Notice*, Report No. SAT-00316 (rel. Aug. 26,
    2005); Satellite Communications Services, Satellite Radio
    Applications Accepted for Filing, *Public Notice*, Report No.
    SES-00744 (rel. Aug. 31, 2005).

[^18]: 47 C.F.R. § 25.118(e).

[^19]: Fleet Management Notice of SES Americom, Inc., File No.
    SAT-MOD-20050527-00110.

[^20]: SES Americom Application at p. 8.

[^21]: *Id.*

[^22]: *EchoStar Blanket Authorization*, DA 05-3227 at ¶ 8.

[^23]: *Id.* at ¶ 14.

[^24]: SES Americom Application at p. 9.

[^25]: Echostar 9 Meter Hub Earth Station Application, File No.
    SES-LIC-20050621-00799.

[^26]: Amendment of the Commission's Space Station Licensing Rules and
    Policies, *Second Report and Order*, 18 FCC Rcd 12507, 12509 ¶ 7
    (2003).

[^27]: 47 C.F.R. § 25.161(c).

[^28]: SES Americom Application at p. 10.

[^29]: *See* VisionStar Incorporated, *Memorandum Opinion and Order*, 19
    FCC Rcd 14820, 14825 ¶ 12 (Int'l Bur. 2004); Tempo Satellite, Inc.,
    *Memorandum Opinion and Order*, 13 FCC Rcd 11069, 11072 ¶ 10 (Int'l
    Bur. 1998).

[^30]: SES Americom Application at p. 10.

[^31]: Consistent with Satellite Division practice, contemporaneously
    with the release of this order, the Systems Analysis Branch will
    issue documents with respect to the earth station facilities
    addressed by this order. Those documents will incorporate conditions
    adopted by this order, specify more detailed technical parameters
    for such operations, and list a number of standard conditions that
    apply to such operations.