The FCC's International Bureau has granted the request of SES Americom, Inc. for access to the United States market using the planned AMC-20 geostationary satellite in the Direct Broadcast Service. The satellite will be stationed in orbit at 105.5 degrees west longitude and will operate under the supervision of British authorities in Gibraltar.
SES Americom has been waiting several years for this green light. Its original request was placed on public notice in February, 2007. DIRECTV opposed the request on procedural and technical grounds. Most notably, DIRECTV asserted that the satellite's position, called a "tweener," because it is directly between two other orbital locations also used to serve the United States, would give rise to interference. However, the Bureau noted that its prior approval for two other "tweeners" had been affirmed by the full Commission with due regard for the need for spectrum coordination. It relied on that decision as governing precedent for its action in this case.
In a 1997 ruling known as the DISCO II Order, the Commission established a framework for evaluating requests for foreign satellites to provide service to the United States. This process includes analysis of the impact on competition, technical feasibility, spectrum availability and legal qualifications of the applicant. The Bureau considered all of these factors and concluded that granting SES Americom's proposal would be in the public interest. The grant is subject to stringent coordination requirements with respect to the operation of other satellites and all of the rules governing DBS, including copyright and must-carry obligations regarding the carriage of terrestrial television stations.
As is the practice in authorizing satellite services, the grant order includes a schedule of milestones that SES Americom must meet: (1) enter into a binding construction contract by January 16, 2014; (2) complete critical design review by January 16, 2015; (3) complete construction by January 16, 2017; and (4) launch and commence operations by January 16, 2019.
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