Federal Communications Commission  FCC 07-76 
STATEMENT OF
COMMISSIONER JONATHAN S. ADELSTEIN
APPROVING IN PART, DISSENTING IN PART
Re: The Establishment of Policies and Service Rules for the Broadcasting-Satellite Service at the 
17.3-17.7 GHz Frequency Band and at the 17.7-17.8 GHz Frequency Band Internationally, and at 
the 24.75-25.25 GHz Frequency Band for Fixed Satellite Services Providing Feeder Links to the 
Broadcasting-Satellite Service and for the Satellite Services Operating Bi-directionally in the 
17.3-17.8 GHz Frequency Band; IB Docket No. 06-123; Report and Order and Further Notice of 
Proposed Rulemaking, FCC-07-76
I support the vast bulk of this decision.  In particular, I am very pleased that we have concluded a 
large portion of this proceeding in a relatively short time frame given that the 17/24 GHz BSS allocation 
became effective on April 1, 2007.  I want to ensure that our satellite services have prompt access to this 
new allocation, and I appreciate very much the work of the International Bureau in bringing this item 
forward on a timely basis.
The 17/24 GHz BSS band holds great promise for operators to introduce a new generation of 
innovative satellite services to American consumers – providing a mix of video, audio, data, and 
multimedia services to residential and business subscribers.  Indeed, the spectrum already is in high 
demand with over 20 applications on file for a variety of orbital locations.  Because we adopt an orbital 
spacing requirement of four degrees, the item allows these applicants an opportunity to amend their 
applications to conform to the new orbital spacing framework and new technical rules.  Our decision puts 
in place a freeze on the filing of new 17/24 GHz BSS applications until some time after the pending 
applications are amended.
It is the keen interest in the 17/24 GHz BSS allocation and our somewhat unique application 
situation that gives me some pause in this proceeding.  I believe that our experience with the existing 
bond requirements and the Commission’s already dubious track record of bond enforcement warrant for a 
far more aggressive approach with respect to the 17/24 GHz BSS band to ensure that the spectrum is 
promptly put to use.1  This is a new allocation of a large swath of free spectrum that counsels for a higher 
bond obligation and a commitment from this Commission that it will hold 17/24 GHz BSS applicants 
accountable for their bond requirements.  This spectrum is far too valuable to have it fall in the hands of 
speculators or those with anti-competitive interests.  Like others, I am unsure that our existing safeguards 
against speculation are sufficient.
Finally, I am concerned that we have not considered more seriously the argument to increase the 
amount of programming that service providers in the 17/24 GHz BSS band are required to reserve for 
non-commercial programming of an educational or informational nature.  Given the additional spectrum 
capacity being offered service providers by this new allocation, I believe we should have taken a harder 
look at the merits of increasing public interest programming to the maximum of seven percent.
For all of these reasons, I must approve in part, dissent in part.
  
1 See Comments of Echostar at 18.  “Such additional protection is needed because even the FSS bond and milestone 
requirements would not be enough to protect against speculation in the RBW [reverse band working] band with its 
relatively limited number of slots.”