*Pages 1--11 from  Microsoft Word - 27069*
 Federal  Communications  Commission  DA  03-  1263 
 Before  the  FEDERAL  COMMUNICATIONS  COMMISSION 
 Washington,  D.  C.  20554 


 In  the  Matter  of  )  ) 
 EchoStar  Satellite  Corporation  )  File  No.  SAT-  MOD-  20011025-  00090  )  Call  Sign  S2231 
 Application  for  Authority  to  Make  )  Minor  modification  of  Direct  ) 
 Broadcast  Satellite  )  ) 
 Application  for  Renewal  of  Special  )  Temporary  Authority  to  Operate  a  )  File  No.  SAT-  STA-  20020123-  00014 
 Direct  Broadcast  Satellite  over  the  )  File  No.  SAT-  STA-  20020716-  00115  Even-  numbered  Channels  at  the  )  File  No.  SAT-  STA-  20030115-  00002 
 148  W.  L.  Orbital  Location  ) 


 ORDER  AND  AUTHORIZATION 
 Adopted:  April  24,  2003  Released:  April  25,  2003 
 By  the  Chief,  Satellite  Division: 
 I.  INTRODUCTION 
 1.  By  this  Order,  we  modify  EchoStar  Satellite  Corporations  (  EchoStar)  EchoStar  2  satellite  license  to  permit  it  to  relocate  EchoStar  2  from  its  assigned  119 
 W.  L.  orbit  location  to  the  148  W.  L.  orbit  location  and  operate  it  over  the  eight  even-numbered  channels  assigned  to  EchoStar  at  that  location.  We  also  grant  EchoStars 
 request  to  renew  its  special  temporary  authority  (  STA)  to  operate  over  eight  unassigned  channels  at  the  148  W.  L.  orbit  location.  Granting  this  application  will  promote  efficient 
 use  of  the  available  radio  spectrum  and  will  enhance  service  to  EchoStars  customers. 
 II.  BACKGROUND 
 2.  EchoStar  operates  a  Direct  Broadcast  Satellite  (  DBS)  system  consisting  of  eight  DBS  satellites  located  at  the  61.5  W.  L.,  110  W.  L.,  119  W.  L.  and  148  W.  L. 
 orbit  locations.  1  At  the  time  EchoStar  filed  this  application,  it  operated  three  satellites  at  the  nominal  119  W.  L.  orbit  location:  EchoStar  4  at  118.9  W.  L.,  EchoStar  6  at  119.05 


 1  EchoStar  Application  at  2. 
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 W.  L.  and  EchoStar  2  at  119.35  W.  L.  When  the  EchoStar  4  and  6  satellites  were  placed  in  operation  at  this  nominal  orbit  location,  EchoStar  ceased  its  operation  of  EchoStar  2 
 and  designated  that  satellite  as  an  in-  orbit  spare.  2  Deployment  of  the  EchoStar  4  and  6  satellites  also  allowed  EchoStar  to  move  its  EchoStar  1  satellite  from  119  W.  L.  to  148 
 W.  L.,  where  EchoStar  acquired  24  DBS  channels  in  a  Commission  auction  in  January  1996.  3  EchoStar  operates  16  of  the  24  channels  assigned  to  it  at  148  W.  L.,  using 
 EchoStar  1s  sixteen  transponders.  4  The  remaining  eight  channels  at  the  148  W.  L.  orbit  location  are  unassigned.  5 


 3.  In  the  application,  before  us,  EchoStar  proposes  to  relocate  the  EchoStar  2  satellite  to  148  W.  L.  to  operate  on  the  eight  channels  licensed  to  EchoStar  not  used  by  its 
 EchoStar  1  satellite  at  that  location.  In  addition,  EchoStar  requested  special  temporary  authority  to  operate  on  the  eight  unassigned  channels.  Pegasus  Development  Corporation 
 (  Pegasus)  filed  a  petition  to  deny  the  application  to  use  the  eight  unassigned  channels  and  EchoStar  filed  an  opposition  to  Pegasuss  petition  to  deny. 


 4.  EchoStar  also  requests  a  waiver  of  the  Commissions  geographic  service  rules  for  EchoStar  2.  6  The  Commissions  geographic  service  rules  state  that  licensees 
 acquiring  DBS  authorizations  after  January  19,  1996  must  provide  DBS  service  to  Alaska  and  Hawaii  where  such  service  is  technically  feasible  from  the  acquired  orbit  location. 
 The  States  of  Hawaii  and  Alaska  filed  comments  addressing  this  aspect  of  the  modification  request. 


 2  EchoStar  Satellite  Corporation,  Application  for  Authority  to  Make  Minor  Modifications  to  Direct 
 Broadcast  Satellite  Authorizations,  Launch  and  Operation  Authority,  Memorandum  Opinion  and  Order,  15  FCC  Rcd  23636,  23640  (para.  8)  (Int'l  Bur.,  Sat.  and  Rad.  Div.,  2000). 


 3  See  EchoStar  DBS  Corporation  Wins  24  DBS  Channels  at  the  148  Degree  Orbit  Location  with  a  High 
 Bid  of  $52,  295,999,  FCC  Press  Release  (Jan.  26,  1996).  EchoStar  Application  at  4. 
 4  EchoStar  Application  at  4. 


 5  In  May  2002,  the  International  Bureau  found  that  EchoStar  had  satisfied  its  due  diligence  obligations  for 
 an  outstanding  western  DBS  permit.  This  permit  authorizes  EchoStar  to  operate  11  western  DBS  channels.  EchoStar  Satellite  Corporation,  Memorandum  Opinion  and  Order,  17  FCC  Rcd  827  (Intl  Bur.  2001). 


 EchoStar  has  indicated  that  the  assignment  of  these  channels  could  be  satisfied  with  the  eight  channels  at  148  W.  L.  and  three  channels  at  157  W.  L.  See  Letter  to  Marlene  H.  Dortch,  Secretary,  Federal 
 Communications  Commission,  from  David  R.  Goodfriend,  Director,  Legal  and  Business  Affairs,  EchoStar  Satellite  Corporation  (Feb.  11,  2003). 


 6  47  C.  F.  R.    25.  148(  c).  As  discussed  in  Section  III.  C.  infra,  the  geographic  service  rules  previously 
 found  in  Section  100.53  of  the  Commissions  rules  have  been  amended  and  moved  to  Section  25.  148(  c)  of  the  Commissions  rules. 
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 unassigned  channels  until  such  time  that  the  channels  are  assigned,  and  an  authorized  licensee  begins  operating  on  those  channels  on  a  permanent  basis.  18  Consequently,  we 
 grant  EchoStars  request  for  renewal  of  the  STA  to  operate  on  the  unassigned  channels  at  the  148  W.  L.  orbit  location  subject  to  the  conditions  set  forth  in  the  December  28  Letter 
 and  the  Ordering  Clauses  below. 
 C.  Waiver  of  the  Geographic  Service  Rules 
 10.  EchoStar  requests  a  waiver  of  the  geographic  service  rules  for  EchoStar  2.  EchoStar  is  required  to  provide  service  to  Alaska  and  Hawaii  from  any  satellite  it  moves 
 to  the  148  W.  L.  orbit  location  as  a  condition  of  a  geographic  service  rules  waiver  the  Bureau  granted  to  EchoStar  in  1998.  19  At  the  time  EchoStar  filed  its  modification 
 application,  Section  100.53  of  the  Commissions  rules  required  DBS  licensees  authorized  after  January  19,  1996,  to  provide  service  to  Alaska  and  Hawaii  from  the  acquired  orbital 
 location  whenever  it  is  "technically  feasible."  20  During  the  pendency  of  this  application,  the  Commission  eliminated  Part  100  and  made  DBS  service  subject  to  the  same 
 regulations  as  other  satellite  services  in  Part  25.  21  The  DBS  geographic  service  rules  were  amended  and  moved  to  Section  25.148(  c).  In  pertinent  part,  the  Commission  in  its  order 
 adopting  the  change  emphasized  that  it  is  "technically  feasible"  to  provide  service  to  Alaska  and  Hawaii  from  the  148  W.  L.  orbital  location.  22  The  Commission  stated  it  will 
 consider  relaxing  this  requirement  only  upon  provision  of  technical  analyses  demonstrating  that  such  service  is  not  feasible  as  a  technical  matter,  or  that  while 
 technically  feasible  such  services  would  require  so  many  compromises  in  satellite  design  and  operation  as  to  make  it  economically  unreasonable.  23  The  Commission  also 


 18  Pegasus  Development  Corporation  (Pegasus)  filed  an  opposition  to  EchoStars  initial  STA  request.  (cite) 
 Pegasus  claimed,  inter  alia,  that  grant  of  a  STA  would  constitute  a  de  facto  license.  Grant  of  the  STA,  however,  was  on  a  temporary,  non-  interference  basis.  Pegasus  also  asserted  that  a  grant  of  additional 


 spectrum  to  EchoStar  would  raise  DBS  spectrum  concentration  issues  in  a  then  pending  merger  between  EchoStar  and  Hughes  Electronices  Corporation.  The  merger  proceeding  has  been  terminated.  EchoStar 
 Communications  Corporation,  General  Motors  Corporation  and  Hughes  Electronics  Corporation,  Order,  CS  Docket  No.  01-  348,  FCC  03-  01  (rel.  January  13,  2003). 


 19  EchoStar  Satellite  Corporation,  Directsat  Corporation,  Echostar  DBS  Corporation,  Memorandum 
 Opinion  and  Order,  13  FCC  Rcd  8595,  8599  (para.  8)  (1998)  ("  EchoStar  1  Waiver  Order").  The  Commission  granted  a  waiver  for  EchoStar  1  to  operate  at  148  W.  L.  without  serving  Hawaii  or  Alaska 


 based  on  EchoStars  provision  of  its  backbone  programming  to  subscribers  in  Hawaii  and  Alaska  from  the  119  W.  L.  orbit  location. 


 20  47  C.  F.  R.    100.53(  b)  (2001). 
 21  Policies  and  Rules  for  the  Direct  Broadcast  Satellite  Service,  Report  and  Order,  17  FCC  Rcd  11331 
 (2002)  (  Part  100  Order). 
 22  Part  100  Order,  17  FCC  Rcd  at  11358  (para.  54),  citing  DBS  Auctions  Order,  11  FCC  Rcd  at  9762 
 (para.  128). 
 23  47  C.  F.  R.    25.  148(  c). 
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 emphasized  that  applicants  and/  or  licensees  bear  the  burden  of  providing  those  technical  analyses.  24 
 11.  EchoStar  asserts  that  good  cause  exists  for  a  waiver  of  the  geographic  service  rules  with  respect  to  operation  of  EchoStar  2  at  148  W.  L.  for  the  same  reasons  it 
 was  granted  a  conditional  waiver  of  these  rules  for  EchoStar  1  at  148  W.  L.  25  According  to  EchoStar,  the  EchoStar  1  waiver  was  granted  because  EchoStar  was  capable  of 
 serving,  and  undertook  to  serve,  Alaska  and  Hawaii  from  the  119  W.  L.  orbit  location  instead  of  the  148  W.  L.  location.  EchoStar  states  that  this  resulted  in  enhanced  service 
 to  Alaskan  and  Hawaiian  consumers  by  making  available  broader  program  offerings  than  would  have  been  available  from  the  148  W.  L.  orbit  location.  26  EchoStar  asserts  that 
 there  will  be  no  degradation  of  service  to  Alaska  and  Hawaii  if  the  waiver  is  granted.  In  addition,  EchoStar  claims  that  EchoStar  2  is  covered  by  the  Commissions  geographic 
 grandfathering  provision  and  does  not  have  to,  and  is  not  equipped  to,  serve  Hawaii  or  Alaska  from  the  119  W.  L.  orbit  location. 


 12.  The  State  of  Hawaii  does  not  oppose  granting  EchoStars  request  to  relocate  EchoStar  2  to  148  W.  L.  or  EchoStars  request  for  a  waiver  of  the  geographic 
 service  requirements.  27  The  State  of  Hawaii  generally  endorses  EchoStars  provision  of  service  to  Hawaii,  noting  that  EchoStar  provides  core  backbone  programming  to  Hawaii 
 at  about  the  same  price  it  charges  to  customers  in  the  continental  United  States.  28  The  State  of  Hawaii  does  request,  however,  that  we  impose  the  same  conditions  on  EchoStar 
 2  as  we  imposed  in  granting  a  waiver  of  the  geographic  service  requirements  for  EchoStar  1  at  148  W.  L.  29  The  State  of  Alaska  supports  the  State  of  Hawaiis 
 comments.  30 


 24  Part  100  Order,  17  FCC  Rcd  at  11364  (para.  63). 
 25  EchoStar  Application  at  10,  citing  EchoStar  1Waiver  Order,  13  FCC  Rcd  8595. 
 26  EchoStar  notes  that  it  currently  offers  its  Americas  Top  100  package  in  Hawaii  for  the  same  price  it 
 offers  the  package  in  the  continental  U.  S.  In  Alaska,  EchoStar  notes  that  it  offers  its  Americas  Top  70  package.  EchoStar  Application  at  10. 


 27  The  State  of  Hawaiis  argument  is  based  on  the  geographic  service  rules  in  effect  prior  to  the  Part  100 
 Order.  Those  rules  were  set  forth  in  47  C.  F.  R.    100.  53  (the  geographic  service  rules  only  apply  to  those  acquiring  DBS  authorizations  after  January  19,  1996  and  only  where  service  to  Alaska  and  Hawaii  is 


 technically  feasible  from  the  acquired  orbit  location). 
 28  State  of  Hawaii  comments  at  2. 


 29  State  of  Hawaii  comments  at  2. 
 30  State  of  Alaska  comments  at  3.  The  State  of  Alaska  also  requests  that  general  policy  issues  related  to  the 
 geographic  service  rules  be  resolved  in  the  context  of  a  rulemaking  proceeding  and  not  in  the  context  of  specific  applications.  The  Commission  addressed  these  issues  in  the  Part  100  Order,  17  FCC  Rcd  at 


 11355-  67  (paras.  50-  72). 
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 13.  The  Commission  may  waive  a  rule  for  good  cause  shown.  31  Waiver  is  appropriate  if  special  circumstances  warrant  a  deviation  from  the  general  rule  and  such 
 deviation  would  better  serve  the  public  interest  than  would  strict  adherence  to  the  general  rule.  32  Generally,  the  Commission  may  grant  a  waiver  of  its  rules  in  a  particular  case  if 
 the  relief  requested  would  not  undermine  the  policy  objective  of  the  rule  in  question  and  would  otherwise  serve  the  public  interest.  33 


 14.  Although  the  Commission's  geographic  service  rules  have  always  embodied  an  important  policy,  it  has  on  occasion  granted  waivers  of  those  requirements. 
 In  granting  a  waiver  of  these  rules  for  EchoStar  1  to  operate  at  148  W.  L.  the  Commission  found  that  the  public  interest  would  be  served  because  EchoStar  1  could 
 better  provide  its  backbone  programming  to  subscribers  in  Hawaii  from  its  119  W.  L.  orbit  location.  As  further  evidence  of  the  waiver  being  in  the  public  interest,  the 
 Commission  noted  that  the  State  of  Hawaii  supported  the  waiver  for  EchoStar  1.  34 
 15.  We  find  that  granting  EchoStars  request  for  a  waiver  of  the  geographic  service  requirements  for  EchoStar  2  is  in  the  public  interest  for  the  same  reasons  that 
 justified  a  waiver  of  the  geographic  service  rules  for  EchoStar  1.  In  the  EchoStar  1  Waiver  Order  we  found  that  EchoStar  could  provide  service  to  the  entire  CONUS, 
 Alaska  and  Hawaii  from  the  EchoStar  4  satellite  at  the  119  W.  L.  orbit  location.  35  In  that  Order,  the  Commission  also  noted  that  the  State  of  Hawaii  supported  the  waiver  request.  36 
 Since  grant  of  the  EchoStar  1  waiver,  EchoStar  has  provided  service  to  Hawaii  and  Alaska  consistent  with  the  conditions  imposed.  Granting  a  similar  waiver  of  the 
 geographic  service  requirements,  and  imposing  the  same  conditions  for  EchoStar  2,  will  not  result  in  any  degradation  of  service  currently  provided  to  Hawaii  or  Alaska.  These 
 conditions  are  designed  to  ensure  EchoStars  continuing  obligation  as  a  DBS  licensee  to  provide  service  to  Hawaii  and  Alaska  despite  a  waiver  of  the  geographic  service 
 requirements  for  a  particular  satellite.  Accordingly,  we  will  require  that:  (1)  any  satellite  replacing  the  EchoStar  2  satellite  at  148  W.  L.  would  be  immediately  subject  to  the 
 geographic  service  rules;  and  (2)  EchoStars  geographic  service  obligation  remains  intact  for  EchoStar  and  its  affiliates  on  all  other  satellites. 


 31  47  C.  F.  R.    1.3. 
 32  Northeast  Cellular  Telephone  Co.  v.  FCC,  897  F.  2d  1166  (D.  C.  Cir.  1990). 
 33  WAIT  Radio  v.  FCC,  418  F.  2d  1153  (D.  C.  Cir.  1969);  Dominion  Video  Satellite,  Inc.,  Order  and 
 Authorization,  14  FCC  Rcd  8182  (Intl  Bur.  1999). 
 34  EchoStar  1  Waiver  Order,  13  FCC  Rcd  at  8598-  99  (paras.  6-  8). 


 35  Id.  at  8598  (paras.  6-  7). 
 36  Id.  at  8599  (para.  8). 
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 D.  Technical  Issues 
 16.  EchoStar  proposes  to  use  extended  C-  band  frequencies  for  its  Tracking,  Telemetry  and  Command  (TT&  C)  operations  for  EchoStar  2  at  148  W.  L.  Specifically, 
 EchoStar  proposes  to  operate  its  command  functions  on  5923.5  MHz  and  6426.5  MHz  frequencies  and  its  telemetry  on  the  3698.5  MHz  and  3699.5  MHz  frequency  bands.  We 
 note  that  EchoStar  was  authorized  to  use  these  frequencies  for  its  EchoStar  2  TT&  C  operations  on  a  non-  conforming  use  basis  limited  to  a  term  expiring  on  January  1,  1999 
 in  order  to  permit  review  of  the  suitability  of  these  frequency  bands  for  TT&  C  operations.  37  EchoStars  TT&  C  operations  in  the  3650-  3700  MHz  extended  C-  band  have 
 since  been  grandfathered  without  regard  to  the  satellites  orbital  location  under  the  rules  adopted  by  the  Commission  reallocating  that  spectrum  to  terrestrial  services.  38  With 
 respect  to  the  other  TT&  C  frequencies,  we  note  that  EchoStar  has  operated  on  these  frequencies  since  1996  without  any  evidence  of  unacceptable  interference.  On  our  own 
 motion,  we  waive  Section  25.202(  g)  to  the  extent  necessary  to  enable  EchoStar  to  continue  performing  TT&  C  functions  for  EchoStar  2  outside  the  allocated  band  as  it  has 
 in  the  past. 
 17.  Although  EchoStar  states  that  there  is  little  potential  for  harmful  interference  to  any  authorized  user,  we  will  continue  to  require  that  EchoStars  operations 
 over  these  frequencies  not  cause  harmful  interference  to  authorized  users.  In  addition,  its  use  of  the  6426.5  MHz,  3698.5  and  3699.5  frequencies  makes  it  subject  to  certain 
 conditions  and  other  requirements  set  forth  in  various  footnotes  to  the  Table  of  Frequency  Allocations.  39  Specifically,  EchoStars  use  of  the  6426.5  MHz  extended  C-  band 


 37  DirectSat  Corporation,  Order,  11  FCC  Rcd  22375  (Intl  Bur.  and  OET,  1996). 
 38  Amendment  of  the  Commissions  Rules  With  Regard  to  the  3650-  3700  MHz  Government  Transfer  Band, 
 First  Report  and  Order  and  Second  Notice  of  Proposed  Rulemaking,  ET  Docket  No.  98-  237,  15  FCC  Rcd  20488,  20502  (2000)(  Extended  C-  band  Order). 


 39  At  the  time  EchoStar  was  granted  authority  to  conduct  its  TT&  C  operations  in  the  3698.  5  MHz  and 
 3699.  5  MHz  frequencies,  the  bands  were  shared  on  a  co-  primary  basis  with  government  radars.  These  bands  have  since  been  reallocated  and  are  now  subject  to  footnotes  US348,  US349,  and  NG169  to  the 


 Table  of  Frequency  Allocations.  Footnote  US348  states  that  the  band  3650-  3700  MHz  is  also  allocated  to  the  Government  radiolocation  service  on  a  primary  basis  at  the  following  sites:  St.  Inigoes,  MD  (38  10'  N, 
 76  23'  W);  Pascagoula,  MS  (30  22'  N,  88  29'  W);  and  Pensacola,  FL  (30  21'  28''  N,  87  16'  26''  W).  All  fixed  and  fixed  satellite  operations  within  80  kilometers  of  these  sites  shall  be  coordinated  through  the 
 Frequency  Assignment  Subcommittee  of  the  Interdepartmental  Radio  Advisory  Committee  on  a  case-  by-case  basis.  Footnote  US349  states  that  the  3650-  3700  MHz  frequency  band  is  also  allocated  to  the 
 Government  radiolocation  service  on  a  non-  interference  basis  for  use  by  ship  stations  located  at  least  44  nautical  miles  in  off-  shore  ocean  areas  on  the  condition  that  harmful  interference  is  not  caused  to  non-Government 
 operations.  Footnote  NG169  provides  that  after  December  1,  2000,  operations  on  a  primary  basis  by  the  fixed-  satellite  service  (space-  to-  Earth)  in  the  band  3650-  3700  MHz  shall  be  limited  to 
 grandfathered  earth  stations.  All  other  fixed-  satellite  service  earth  station  operations  in  the  band  3650-  3700  MHz  shall  be  on  a  secondary  basis.  Grandfathered  earth  stations  are  those  authorized  prior  to  December  1, 
 2000,  or  granted  as  a  result  of  an  application  filed  prior  to  December  1,  2000,  and  constructed  within  12  months  of  initial  authorization.  License  applications  for  primary  operations  for  new  earth  stations,  major 
 amendments  to  pending  earth  station  applications,  or  applications  for  major  modifications  to  earth  station  facilities  filed  on  or  after  December  18,  1998,  and  prior  to  December  1,  2000,  shall  not  be  accepted  unless 
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 23.  IT  IS  FURTHER  ORDERED  that  EchoStars  operation  over  the  eight  unassigned  channels  at  148  W.  L.  is  at  its  own  risk  and  EchoStar  must  notify  its 
 customers  in  writing  that  service  over  these  channels  is  provided  on  a  temporary  basis  and  that  service  may  be  diminished  or  discontinued  at  any  time. 


 24.  IT  IS  FURTHER  ORDERED  that  EchoStars  command  operations  in  the  5923.5  MHz  and  6426.5  MHz  frequencies  may  not  cause  interference  to  any  other 
 lawfully  operated  radio  station  with  co-  primary  allocation  status  in  those  frequencies  and  EchoStar  shall  cease  operations  immediately  upon  notification  of  such  interference. 


 25.  IT  IS  FURTHER  ORDERED  that  EchoStar  shall  not  claim  protection  from  interference  from  any  other  lawfully  operated  radio  station  with  co-  primary 
 allocation  status  in  the  5923.5  MHz  and  6426.5  MHz  frequencies. 
 26.  IT  IS  FURTHER  ORDERED  that  EchoStars  telemetry  operations  in  the  3698.5  MHz  and  3699.5  MHz  frequencies  must  comply  with  the  terms  and  conditions  set 


 forth  in  footnotes  US348,  US349  and  NG169  to  the  Table  of  Frequency  Allocation 
 27.  IT  IS  FURTHER  ORDERED  that  the  authorization  granted  in  this  Order  is  subject  to  the  following  conditions:  (1)  until  the  International  Telecommunication 


 Union  (ITU)  Region  2  Broadcasting  Satellite  Service  (BSS)  Plan  and  its  associated  Feeder  Link  Plan  are  modified  to  include  the  technical  parameters  of  EchoStar  2  and  its 
 associated  feeder  links,  this  satellite  system  shall  not  cause  greater  interference  than  that  which  would  occur  from  the  current  U.  S.  assignments  in  the  Region  2  BSS  Plan  at  148 
 W.  L.  to  other  BSS  or  other  services  or  satellite  systems  operating  in  accordance  with  the  ITU  Radio  Regulations;  and  (2)  no  protection  from  interference  caused  by  radio  stations 
 authorized  by  other  administrations  is  guaranteed  to  EchoStar  2  unless  and  until  Appendices  30  and  30A  plan  modification  procedures  are  successfully  and  timely 
 completed. 
 28.  IT  IS  FURTHER  ORDERED  pursuant  to  Section  1.3  of  the  Commissions  rules,  47  C.  F.  R.  1.3,  that  EchoStar  is  granted  a  waiver  of  Section  25.148(  c)  of  the 
 Commissions  rules  regarding  DBS  geographic  service,  47  C.  F.  R.  25.148(  c),  and  Section  25.202(  g)  of  the  Commissions  rules,  47  C.  F.  R.  25.202(  g),  conditioned  as  set 
 forth  in  this  Order  above. 
 29.  IT  IS  FURTHER  ORDERED  that  the  application  for  Special  Temporary  Authority  filed  by  EchoStar  Satellite  Corporation  on  January  15,  2003  (File  No.  SAT-STA- 
 20030115-  00002  is  GRANTED.  The  applications  filed  January  23,  2002  (File  No.  SAT-  STA-  20020123-  00014)  and  July  16,  2002  (File  No.  SAT-  STA-  20020716-  00115) 
 are  DISMISSED  AS  MOOT. 
10
 Federal  Communications  Commission  DA  03-  1263 
 -  -  11 
 30.  IT  IS  FURTHER  ORDERED  that  the  petition  to  deny  filed  by  Pegasus  is  DENIED. 
 FEDERAL  COMMUNICATIONS  COMMISSION 
 Thomas  S.  Tycz  Chief 
 Satellite  Division 
11