Steve Mehs
02-24-03, 03:36 AM
The Federal Communications Commission denied a request from former DBS licensee Advanced Communications concerning the company's challenge of an earlier decision that stripped it of its DBS authorizations.
In its latest challenge, filed with the commission in November, Advanced asked the agency to reopen the proceeding based on affidavits from two former FCC commissioners that suggested the FCC acted unlawfully in taking away its licenses. The effort also involved a petition to intervene in the failed merger between EchoStar and DirecTV.
"The new evidence that Advanced submits is nothing more than another attempt to re-argue the issue that it has presented in numerous prior court proceedings," the FCC said in its decision made public Friday.
The Advanced proceeding involved a 1995 International Bureau decision that canceled the company's DBS authorizations at 110 degrees and 148 degrees, licenses now controlled by EchoStar. The bureau took away the licenses and put them up for auction after it determined Advanced failed to meet construction and launch deadlines.
The commission upheld the bureau decision that same year. In May 1996, the U.S. Court of Appeals in Washington, D.C., affirmed the commission’s decision, and in 1997 the Supreme Court denied Advanced’s petition concerning the matter.
From SkyReport (http://www.skyreport.com/skyreport/feb2003/022403.shtm#one) (Used with Permission)
In its latest challenge, filed with the commission in November, Advanced asked the agency to reopen the proceeding based on affidavits from two former FCC commissioners that suggested the FCC acted unlawfully in taking away its licenses. The effort also involved a petition to intervene in the failed merger between EchoStar and DirecTV.
"The new evidence that Advanced submits is nothing more than another attempt to re-argue the issue that it has presented in numerous prior court proceedings," the FCC said in its decision made public Friday.
The Advanced proceeding involved a 1995 International Bureau decision that canceled the company's DBS authorizations at 110 degrees and 148 degrees, licenses now controlled by EchoStar. The bureau took away the licenses and put them up for auction after it determined Advanced failed to meet construction and launch deadlines.
The commission upheld the bureau decision that same year. In May 1996, the U.S. Court of Appeals in Washington, D.C., affirmed the commission’s decision, and in 1997 the Supreme Court denied Advanced’s petition concerning the matter.
From SkyReport (http://www.skyreport.com/skyreport/feb2003/022403.shtm#one) (Used with Permission)