The Federal Communications Commission opened a Notice of Proposed Rulemaking (NPRM) today on how to reduce orbital distance between U.S. Direct Broadcast Satellites (DBS).

Under an international agreement reached in the early 1980s, the United States receives eight orbit locations for broadcasting-satellite service. Each location provides 32 analog channels; each assignment must be separated by nine degrees of longitudinal distance.

For about four years DBS providers and the FCC have been debating whether to ask the Commission to authorize "'tweener satellites"—orbiting stations separated by only 4.5 degrees of distance.

"Reduced spacing DBS would provide existing and potential DBS operators with another valuable option with which they can expand their service offerings," the NPRM states, asking whether the present system's procedures "are sufficient to allow room for expansion of existing DBS service."

Two companies use satellites to provide coverage for the entire 48 state contiguous United States (CONUS): DIRECTV and EchoStar. In September of 2003, DIRECTV asked the FCC to open a rulemaking cycle on the workability of reducing DBS spacing. EchoStar and other satellite providers argued that established international procedures are adequate to the task, therefore no new rules are needed.

DIRECTV's William M. Wiltshire reiterated the company's position last month in a meeting with a representative of FCC Commissioner Deborah Taylor Tate.

"Given the highly technical nature of the interference issues posed by tweeners," Wiltshire said in a July 25th summary of the meeting filed with the FCC, "DIRECTV suggested that the Commission establish a fairly extended comment period to allow for thorough engineering analysis by all concerned parties."

This position has clearly prevailed. The FCC's NPRM will last for 105 days—75 for comments and another 30 for replies.

The Commission's two Democrats, Michael Copps and Jonathan Adelstein, concurred in the decision, but expressed concern that the agency might grant several pending 'tweener applications before the NPRM concludes.

"That strikes us as putting the cart in front of the horse," Copps and Adelstein said in a joint statement. "We believe the better course would be to refrain from approving any applications until the Commission can develop a comprehensive framework for these matters. Such an approach would ensure that the millions of current DBS subscribers are not subject to any potential for interruptions to their service."

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