FCC Denies DISH on Access to Prime Orbital Location

[Gregg Lengling]

This week, the International Bureau at the Federal Communications Commission denied a request from EchoStar asking for reconsideration of its application seeking permission to launch and operate a satellite at the 101-degree orbital location, the same orbital slot where DirecTV maintains its core satellite operations.

The bureau said it dismissed EchoStar's request for reconsideration on the grounds that the company's filings were incomplete and internally inconsistent. EchoStar first filed for access to the 101-degree orbital location in August 2003, stated FCC documents.

The bureau dismissed the initial applications, and that compelled EchoStar to file a petition for reconsideration with the FCC asking the bureau to re-examine its order.

EchoStar had no comment on the FCC dismissal.

But in its application for reconsideration, the company argued that the FCC shouldn't have dismissed its amended application because it was substantially complete as filed. And EchoStar said the FCC improperly applied a letter-perfect standard in reviewing amended application rather than a "substantially complete" standard.