FCC Filing
"... At present, there are three applications pending at the nominal 107° W.L. orbital location – one each from DIRECTV, Pegasus, and EchoStar. Before withdrawing its application at 91° W.L. and accepting the amended application at 107° W.L. from DIRECTV, Pegasus needs confirmation that the Commission will treat Pegasus as if it had filed two of the three pending applications for 17/24 GHz BSS band frequencies at 107° W.L. for purposes of division of the available bandwidth at that orbital location. That is, the Commission should count the number of filed applications at 107º W.L. (Pegasus controlling two of three), rather than counting the number of remaining applicants at 107º W.L. (Pegasus being one of two).
EchoStar would still be treated as having filed one of three applications – just as it would be treated pre-transaction. But it is crucial to the consideration contemplated in the three-party Rationalization Agreement that Pegasus be deemed to have filed two of the three applications for spectrum at 107º W.L. for purposes of division of the relevant bandwidth. Otherwise, Pegasus would be giving up a half-interest at 91º W.L. only to receive an additional one-sixth interest at 107º W.L.11 Pegasus, naturally, cannot be expected to do so. Failure to clarify this point would thus jeopardize the Rationalization Agreement, and the public interest benefits that will flow from optimizing the offerings in the 17/24 GHz BSS band. ..."
"... At present, there are three applications pending at the nominal 107° W.L. orbital location – one each from DIRECTV, Pegasus, and EchoStar. Before withdrawing its application at 91° W.L. and accepting the amended application at 107° W.L. from DIRECTV, Pegasus needs confirmation that the Commission will treat Pegasus as if it had filed two of the three pending applications for 17/24 GHz BSS band frequencies at 107° W.L. for purposes of division of the available bandwidth at that orbital location. That is, the Commission should count the number of filed applications at 107º W.L. (Pegasus controlling two of three), rather than counting the number of remaining applicants at 107º W.L. (Pegasus being one of two).
EchoStar would still be treated as having filed one of three applications – just as it would be treated pre-transaction. But it is crucial to the consideration contemplated in the three-party Rationalization Agreement that Pegasus be deemed to have filed two of the three applications for spectrum at 107º W.L. for purposes of division of the relevant bandwidth. Otherwise, Pegasus would be giving up a half-interest at 91º W.L. only to receive an additional one-sixth interest at 107º W.L.11 Pegasus, naturally, cannot be expected to do so. Failure to clarify this point would thus jeopardize the Rationalization Agreement, and the public interest benefits that will flow from optimizing the offerings in the 17/24 GHz BSS band. ..."
