Steve Mehs
11-07-02, 04:57 AM
Advanced Communications, best known in satellite TV circles for losing its DBS orbital licenses in 1995, is back at the Federal Communications Commission.
The company recently filed at the FCC a petition to intervene in the proposed merger between EchoStar and DirecTV, as well as seeking a continuance of hearing concerning its claims to the 110-degree orbital location and another slot, at 148 degrees. Advanced said the case should be reopened since it has new evidence suggesting the agency's move to take away the licenses may have violated the Communications Act.
In its filing, Advanced said it has affidavits from two former commissioners that said the decisive 3-2 vote to take away the licenses was based "on the expectation of substantial federal revenues that would be derived from auctioning" the 110-degree orbital location. "In other words, the 1995 order violated the Communications Act and may have constituted a denial of Advanced Communications' constitutional right to an unbiased adjudicatory tribunal," the company said in its FCC filing.
The two former commissioners named by Advanced Communications as providing the affidavits are James Quello and Andrew Barrett. Affidavits from the two former commissioners that were filed by the company are dated October 2001.
Claims to the 110-degree location have a long history.
In 1995, the FCC voted to take away Advanced's DBS authorizations at 110 degrees and 148 degrees, and put them up for auction. MCI, then a partner of News Corp. in the DBS business, was the highest bidder for the full-CONUS 110-degree location in January 1996, paying $685 million for the slot. News Corp. eventually took over the license, but forfeited the coveted location to EchoStar years later to settle litigation between the companies concerning their failed attempt to combine DBS operations.
EchoStar has two satellites - EchoStar 5 and EchoStar 8 - at 110 degrees. Separately, DirecTV has a license for three frequencies at 110 degrees, and operates a satellite at the location.
From SkyReport (http://www.skyreport.com/skyreport/nov2002/110702.shtm#one) (Used with Permission)
The company recently filed at the FCC a petition to intervene in the proposed merger between EchoStar and DirecTV, as well as seeking a continuance of hearing concerning its claims to the 110-degree orbital location and another slot, at 148 degrees. Advanced said the case should be reopened since it has new evidence suggesting the agency's move to take away the licenses may have violated the Communications Act.
In its filing, Advanced said it has affidavits from two former commissioners that said the decisive 3-2 vote to take away the licenses was based "on the expectation of substantial federal revenues that would be derived from auctioning" the 110-degree orbital location. "In other words, the 1995 order violated the Communications Act and may have constituted a denial of Advanced Communications' constitutional right to an unbiased adjudicatory tribunal," the company said in its FCC filing.
The two former commissioners named by Advanced Communications as providing the affidavits are James Quello and Andrew Barrett. Affidavits from the two former commissioners that were filed by the company are dated October 2001.
Claims to the 110-degree location have a long history.
In 1995, the FCC voted to take away Advanced's DBS authorizations at 110 degrees and 148 degrees, and put them up for auction. MCI, then a partner of News Corp. in the DBS business, was the highest bidder for the full-CONUS 110-degree location in January 1996, paying $685 million for the slot. News Corp. eventually took over the license, but forfeited the coveted location to EchoStar years later to settle litigation between the companies concerning their failed attempt to combine DBS operations.
EchoStar has two satellites - EchoStar 5 and EchoStar 8 - at 110 degrees. Separately, DirecTV has a license for three frequencies at 110 degrees, and operates a satellite at the location.
From SkyReport (http://www.skyreport.com/skyreport/nov2002/110702.shtm#one) (Used with Permission)