EchoStar, SES Push Back at Intelsat Campaign Against Two-Degree Spacing Rule

Intelsat's efforts to change or eliminate the two-degree spacing rule is both self-serving and unpersuasive, said SES Americom and EchoStar in a filing posted Friday in docket 12-267 in response to Intelsat arguments that ITU coordination would be preferable to the FCC spacing rules (see 1508100064). Numerous other satellite operators, including DirecTV, Iridium and ViaSat, also backed keeping the spacing rule, SES and EchoStar said. Meanwhile, Intelsat's argument that the growth of satellite operators internationally but few satellites licensed by the FCC to operate in previously unoccupied frequencies as indicating the ITU system works better "ignores the most obvious reason for this numerical imbalance -- robust development of the U.S. arc has left relatively few unused locations available for new satellite entry," EchoStar and SES said. That focus on the number of new satellites ignores the two-degree rule's role in ensuring spectrum and orbital resources access while coordination negotiations are underway. "It provides entrants with certainty that they can commence operations at reasonable power levels, rather than being at the mercy of an adjacent operator with ITU priority," the two said. The two-degree spacing rule also gives existing and new operators the right to operate under reasonable default levels and both have mutual incentives to come to agreements on higher levels, EchoStar and SES said. Intelsat's argument that the ITU system would better help U.S. licensees meet demand for small-antenna services has no basis, EchoStar and SES said. "SES, EchoStar and others including Intelsat itself have been able to successfully deploy mobility services and other small-antenna offerings under the existing two-degree spacing framework," the two said. Intelsat didn't comment Friday.