The SBCA Government Affairs department, working with our member companies, is fighting to protect the quality direct broadcast satellite (DBS) service that our customers enjoy.  In May 2002, the Federal Communications Commission (FCC) reallocated the spectrum band that has been set aside for the operation of Direct Broadcast Satellite (DBS) service to allow a terrestrial wireless cable system, like the one proposed by Northpoint Technology, Ltd, a.k.a. Broadwave USA, Inc. (Northpoint), to operate in the spectrum. This decision is clearly at odds with the results of a Congressionally-mandated independent test that conclusively demonstrated that allowing this type of sharing will cause a “significant interference threat” to millions of DBS subscribers. 

Congress and the FCC have worked for more than a decade to create competition to cable in the multichannel video marketplace. Introducing an interference-causing Multichannel Video Distribution and Data Service (MVDDS) like Northpoint's into the DBS band, thus creating harmful interference to normal DBS operations, would be a total reversal of years of carefully thought-out Congressional and FCC policies and will harm competition and millions of consumers.

SBCA has filed a Notice of Intention to Intervene, and a Petition for Review of the FCC’s First Report and Order and Memorandum Opinion and Order in the U.S. Circuit Court of Appeals for the District of Columbia, challenging the FCC's spectrum-sharing decision.

Northpoint Legislative Spectrum Grab

Background:  Northpoint Technology, a politically well-connected company (see recent press below), is leading the efforts to launch this new terrestrial service, and is now attempting to persuade Congress to give it a nationwide license to operate for free.  Unless stopped, the spectrum giveaway will unfairly benefit a potential competitor and cost American taxpayers over $100 million.  An amendment has been added to two pieces of legislation, the Commerce-State-Justice Appropriations bill (S. 1585), and the Commercial Spectrum Enhancement Act (H.R. 1320).

Letters to/from Congress on the "Northpoint Amendment"

November 12, 2003- Letter to Senate Majority Leader Bill Frist (R-TN) from Senate Budget Committee Chairman Don Nickles (R-OK) and Ranking Minority Member Kent Conrad (D-ND) expressing concern about the budgetary and policy implications of the Northpoint amendment
November 10, 2003- Statement of Administration Policy: S. 1585, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Bill, FY 2004
November 6, 2003- Senate Dear Colleague urging support for striking Northpoint amendment from Senator John Ensign (R-NV)

Recent press on the Northpoint legislative spectrum grab

October 20, 2003- "Livingston's Big Deal: Northpoint to Give Lobbyist a Franchise If He Succeeds on Hill," by Brody Mullins (Roll Call)
October 8, 2003- "Cable Rival Is Small but Has Friends: Northpoint Getting Help in Quest for Spectrum," by Juliet Eilperin (Washington Post)
October 2, 2003- "Northpoint's Bid Splits Key Members" by Sam Dealey (The Hill)
September 29, 2003- Senate Budget Committee Bulletin
September 25, 2003- "Spectrum lobbyists create heat on Capitol Hill," by Demetri Sevastopulo (Financial Times)
September 23, 2003- "Fact Meets Fiction: Maybe K Street Has Room for 'K Street'," by Alan Murray (Wall Street Journal)

FCC Decisions and Rulings

August 28, 2003- FCC Schedules MVDDS Auction for January 14, 2004
May 9, 2003- MVDDS Auction Postponed

April 29, 2003- Fourth Memorandum Report and Order

January 30, 2003- Public Notice of MVDDS Auction Reschedule

May 23, 2002- Statement of FCC Commissioner Kevin J. Martin, dissenting in part and approving in part

May 23, 2002- Memorandum Opinion and Order and Second Report and Order

April 2001- MITRE Report (Executive Summary) confirms harmful interference to DBS operations from Northpoint Technology

December 8, 2000- First Report and Order and Further Notice of Proposed Rulemaking

Recent SBCA Filings

November 6, 2002- SBCA response to Northpoint's October 28, 2003 letter to Senate Commerce Committee Chairman John McCain
May 22, 2003- Andy Wright's Testimony to Senate Communications Subcommittee

September 18, 2002- Reply to Oppositions to Petition for Reconsideration

July 26, 2002- Petition for Reconsideration of Second Report & Order

July 22, 2002- Petition for Review (D.C. Circuit Court)

July 19, 2002- Notice of Intention to Intervene (D.C. Circuit Court)

February 25, 2002- Ex Parte Letter

January 31, 2002- Ex Parte Letter

January 28, 2002- Ex Parte Letter

December 21, 2001- Ex Parte Letter

December 3, 2001- DIRECTV/EchoStar Petition- CARS Band

October 11, 2001- Ex Parte Letter