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-MOD-20091027-00114 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2009102700114_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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