FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 6,090
xiii, 5879-6813 p. ; 28 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Federal Communication........ Js Cmmssin IA % q-.-Ol,,
informed the Commission by letter that the Nimiq 2 satellite is operating at the 82 W.L. location.7'
Consequently, we need not require a bond with regard to the Nimiq 2 satellite.
c. Operational Qualifications
21. In DISCO II, the Commission stated it would require non-U.S.-licensed space stations to
meet the same technical requirements that apply to U.S. space stations.72 For DBS satellites, such as
Nimiq 1 and Nimiq 2, the most significant requirement is that the satellites' DBS operations must be in
accordance with the sharing criteria and technical characteristics contained in Appendices 30 and 30A of
the International Radio Regulations.73 In the DBAC Order, the Bureau determined that Nimiq 1 and
Nimiq 2 would meet applicable ITU and Commission requirements if they were to be licensed by the
United States.74 We see no need to revisit that conclusion here.
5. Other Issues
22. As described above under DISCO II, the Commission includes national security, law
enforcement, foreign policy, and trade concerns in its public interest analysis, and we accord deference to
the expertise of the Executive Branch in this regard. The MPAA advocates that the United States
Government should enter negotiations with Canada for a bilateral agreement to improve Canadian access
for U.S. service and content providers.75 We believe that this argument might have merit if the U.S.
Trade Representative ("U.S.T.R.") supported it; however, the U.S.T.R. did not comment in this
proceeding. Similarly, we note that no Executive Branch agency raised concerns with respect to grant of
the WSNet Applications. Moreover, the issue of whether the United States should enter bilateral
agreement negotiations with Canada is beyond the scope of the Bureau's review of the WSNet
Applications.
23. HBO expressed concern that U.S. and Canadian DBS providers sharing a common
platform for delivery of service (ie., the Nimiq satellites) could facilitate the ability of subscribers in each
country to receive services to which they may not be entitled.76 HBO maintains that in order to prevent
this (and thereby minimize opportunities for a black or grey market in reception equipment), "there
should be separate and technically incompatible conditional access technologies for each of the Canadian
and U.S. DBS services."77 This is an issue related to criminal and civil law enforcement and thus is
beyond the scope of our review of the WSNet Applications.7
(...continued from previous page)
70 See Press Releases, Telesat Launches New Direct Broadcast Satellite, Dec. 30, 2002, <http://
www.telesat.ca/eng_02-14.htm>; Nimiq 2 Satellite Anomaly, Feb. 20, 2003, <http://www.telesat.ca/eng/03-04.htn>;
Telesat Clears Nimiq 2 Satellite for Long-Term Service, April 11, 2003, <ht //www.lesat.ca/eng/03-07.htm>.
71 See Letter from James U. Troup and Adrian B. Copiz, Counsel for WSNet Holdings, Inc., to Marlene H. Dortch,
Secretary, Federal Comunications Commission, July 21, 2003.
72 DISCO II Order, 12 FCC Red at 24161-2 (para. 156).
73 See 47 C.F.R. 25.148(f). The Commission's two-degree orbital spacing requirements do not apply to DBS
satellites since the assignment plan of Appendices 30 and 30A of the ITU International Radio Regulations is based
on satellite spacings of nine degrees for co-frequency, co-coverage operation.
74 DBAC Order, 18 FCC Rcd at 9466-67 paras. 26-27).
75 MPAA comments a 6
76 HB comment at 1.
77 HBO comments at 1.
78 See 47 U.S.C.A. 605.6090
i - f i - - - F -vat~
- ~- r c
V ederal C'ommunlaaticati~ons Commaisissio
DIA fi.QNOn
I
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
United States. Federal Communications Commission. FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004, book, April 2004; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc4077/m1/231/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.