148 Update.pdf

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by DISH Operating L.L.C.

Aplication and Amendment Update

2012-02-02

This document pretains to SAT-AMD-20100510-00096 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2010051000096_938016

FILED ELECTRONICALLY VIA IBFS February 2, 2012 Marlene H. Dortch Secretary Federal Communications Commission International Bureau 445 12th Street, S.W. Washington, DC 20554 Re: DISH Operating L.L.C., Call Sign 2658, SAT-MOD-20091027-00114, SAT-AMD- 20100510-00096 Dear Ms. Dortch: DISH Operating L.L.C. (“DISH”) and EchoStar Corporation (“EchoStar”) provide updated information regarding the above-referenced application and amendment filed by DISH requesting that the Commission authorize a period of temporary absence of satellites from its licensed Direct Broadcast Satellite (“DBS”) channels at 148º W.L. In sum, the expected launch of EchoStar 16 and commencement of operations of QuetzSat-1 will make a number of satellites potentially available for a move to 148º W.L. DISH also requests that the Commission hold this proceeding in abeyance until 90 days after the launch of the EchoStar 16 satellite, which is planned for later this year. DISH expects that the fleet redeployment plans of itself and its partner EchoStar will have crystallized by that time. By way of background, DISH acquired the license for 24 of the 32 channels at 148º W.L. at auction, having submitted the winning bid of just over $52 million in 1996. DISH also received a license for the remaining eight channels in 2003. DISH used the 148º W.L. orbital location without interruption for a period of about nine years and by means of a number of satellites, from the relocation of EchoStar 1 to the orbital location in 2000 until the de-orbiting of EchoStar 5 in 2009. The current absence of satellites from 148º W.L. was not planned, but was the result of two serious mishaps. In 2008, the EchoStar 2 satellite suffered a catastrophic loss. In 2009, the EchoStar 5 satellite prematurely reached its end of life and was retired and de- orbited. In October 2009, DISH accordingly requested authority under Section 25.161(c) of the Commission’s Rules to allow DISH to suspend operations on its licensed DBS frequencies at 148º W.L. for more than 90 days, until it could free up and relocate a suitable satellite to replace the EchoStar 5 satellite. At the time, DISH noted that it might resume operations over the 32

Marlene H. Dortch February 2, 2012 Page 2 DBS channels at 148° W.L. “using the EchoStar 8 satellite, or another satellite in DISH’s fleet if one were to become available.”1 The focus on EchoStar 8 in DISH’s and EchoStar’s tentative plans has since been modified. EchoStar 8 presently serves as a back-up satellite at the 77° W.L. orbital location. Nevertheless, a number of satellites in the fleets of EchoStar and DISH are potentially available for a move to 148° W.L., but those plans can only be tentative at this time pending the launch of the EchoStar 16 satellite (currently scheduled for August 2012). Successfully placing EchoStar 16 into operation, coupled with the commencement of operations of QuetzSat-1, another newly launched satellite to which EchoStar has rights, should provide DISH and EchoStar with the necessary flexibility and resources to rationalize and maximize deployment of their satellite fleets. Specifically, successful deployment of EchoStar 16 at 61.5° W.L. will free up the EchoStar 3, EchoStar 12 and EchoStar 15 satellites for potential redeployment. Moreover, the 77° W.L. nominal orbital location is now populated by three satellites – EchoStar 1, EchoStar 6 and EchoStar 8. Adjustments to DISH’s and EchoStar’s fleets following EchoStar 16’s launch may free up EchoStar 8 to move to 148° W.L,. as originally planned, or alternatively any of the above-mentioned satellites may become available for a move to that location. Only once EchoStar 16 is placed into operation will it be possible for EchoStar and DISH to determine which satellites should be positioned at each assigned and applied-for orbital location. Consequently, DISH requests that the Commission hold its request in abeyance until 90 days after launch of the EchoStar 16 satellite. Granting the requested additional time will help the cause of putting 148° W.L. back to use without prejudicing any other party, as the Commission does not yet have in place a reassignment method for relicensing the channels at 148° W.L. DISH has a long and productive history of using these DBS frequency channels to benefit consumers. Please feel free to contact the undersigned with any questions regarding this submission. 1 File Nos. SAT-MOD-20091027-00114, Narrative at 4 (filed Oct. 27, 2009).

Marlene H. Dortch February 2, 2012 Page 3 Sincerely, /s/ Jeffrey H. Blum Senior Vice President, Deputy General Counsel DISH Operating L.L.C. 1110 Vermont Avenue, NW Suite 750 Washington, D.C. 20005 /s/ Jaime Londono Vice President, Advanced Programs and Spectrum Management EchoStar Corporation 100 Inverness Terrace East Englewood, Colorado 80112 cc: (via email) Robert Nelson, International Bureau Gardner Foster, International Bureau


Document Created: 2012-02-02 19:10:27
Document Modified: 2012-02-02 19:10:27
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