STATEMENT IN RESPONSE TO THE FCC ORDER REAFFIRMING SPECTRUM-SHARING DECISION AND MVDDS OPERATING RULES

ALEXANDRIA, Va.., April 30, 2003 – For attribution to Andrew Wright, President of the Satellite Broadcasting and Communications Association, in response to Tuesday’s release of the Fourth Memorandum Opinion and Order by the Federal Communications Commission, which reaffirms the decision to allow terrestrial Multichannel Video Distribution and Data Service providers to operate in the spectrum set aside for Direct Broadcast Satellite and reiterates the technical operating rules for MVDDS:

We regret that the Commission continues to disregard the interest of millions of direct broadcast satellite subscribers nationwide. Yesterday’s erroneous decision by the Commission reinforces last year’s decision to ignore the independent test that conclusively demonstrated that allowing wireless cable providers to operate in the DBS spectrum would cause a “significant interference threat” to current and future DBS subscribers.

In addition, the Commission refused to eliminate the requirement that DBS providers shoulder the entire burden of protecting new customers who choose to subscribe to DBS’s superior service after an MVDDS tower is sited. Nonetheless, we are pleased that the Commission refused to compound the error by allowing even more interference by increasing the power limits for MVDDS as was requested by some potential providers.

This decision will allow SBCA’s long delayed appeal of the Commission’s order to be heard in Federal Court. We hope that the U.S. Court of Appeals for the District of Columbia Circuit will reverse the Commission’s decision to introduce a terrestrial service into the DBS spectrum band and will choose to protect millions of DBS consumers from the interference that would result.

The Satellite Broadcasting and Communications Association is the national trade organization representing all segments of the satellite industry.  It is committed to expanding the utilization of satellite technology for the broadcast delivery of video, audio, data, music, voice, interactive, and broadband services.  The SBCA is composed of DBS, C-band, broadband, satellite radio, and other satellite service providers, content providers, equipment manufacturers, distributors, retailers, encryption vendors, and national and regional distribution companies that make up the satellite services industry. Additional information can be found at www.sbca.com.