ECHOSTAR AND DIRECTV REFUSING TO MEET, SES CHARGES
SES Americom asked FCC to force DBS incumbents EchoStar and DirecTV to discuss technical issues as part of petition for declaratory ruling (PDR), it said in ex parte filed late Fri. SES said companies’ refusal to hold coordination discussions on proposed satellite licensed by govt. of Gibralter that would provide DBS service in U.S. violated FCC and ITU regulations. SES plans to establish open DBS platform on which SES Americom2Home customers can lease capacity on satellite that can be used to transmit DBS programming directly to consumers. New satellite, which is expected to be completed by 2004, would be placed at 105.5 W orbital location between EchoStar and DirecTV DBS satellites at 101 degrees W and 110 degreesW (CD Feb 6 p6).
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
Refusal by EchoStar and DirecTV to meet is “hypocritical” and violation of law, SES attorney Phil Spector said: “We are not asking them to agree with us, just meet with us. What are they afraid of?” Spector said EchoStar and DirecTV were using refusal to meet as tactic to “stymie the project.” He said companies seemed to be “motivated more by anticompetitive behavior than technical concerns.” FCC probably will have to decide issue, Spector said. “We're trying to avoid a situation such as Northpoint (CD May 31 p3) where the FCC is forced to make a technical decision between 2 companies. This could easily be worked out by the satellite operators.”
SES said it unsuccessfully attempted have its engineers meet with EchoStar-DirecTV representatives to address interference or other concerns on preliminary basis, ex parte said. SES said it sent letters and e-mails and made telephone calls in effort to arrange meeting before filing date, but DBS companies refused. Meanwhile, EchoStar and DirecTV were only companies that expressed “substantial opposition” to Americom2Home proposal because of possible interference to DBS customers, though companies had expressed support for new entrants into DBS market (CD Aug 16 p4). “While touting the PDR as evidence of the potential for competition in the DBS arena after their proposed merger” EchoStar and DirecTV “nevertheless urged the FCC to deny the PDR outright,” ex parte filing said.
U.K. Radiocommunications Agency proposed to FCC that coordination process be carried out on operator-to-operator basis, ex parte filing said. On June 28, FCC sent letter to U.K. saying “U.S. accepts your proposal.” EchoStar and DirecTV were designated as U.S. representatives in discussions with SES. On July 12, SES was invited to open discussions, filing said, but DirecTV refused to meet and said it would “air its concerns” with Commission. EchoStar insisted any coordination meeting would have to be attended by FCC and include consideration of use by SES Americom of alternative orbital slot and frequencies, filing said.
On Aug. 7, U.K. Radiocommunications Agency expressed concern over refusal of EchoStar and DirecTV to meet with SES. Noting its preference for operator-to-operator discussions, British agency wrote to Commission that in light of reservations about such discussions, U.K. Administration was willing to convene “a special administration to administration a meeting as soon as possible.” FCC response to request is pending, ex parte filing said.