Attachment request for renewal

This document pretains to SAT-STA-20010104-00003 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2001010400003_1161440

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 s FGC Mes In the Matter of EchoStar Satellite Corporation _ LA SAT—STA—20010104—00003 e ECHOSTAR SATELLITE CORPORATION Application for Renewal EchoStar 4 of Special Temporary Authority to Operate a Direct Broadcast Satellite at the 119.35° W.L. Orbital Location REQUEST OF ECHOSTAR SATELLITE CORPORATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY Pursuant to Section 309(f) ofthe Communications Act of 1934, as amended, 47 U.S.C. § 309(f), EchoStar Satellite Corporation ("EchoStar") hereby requests extension, to the extent necessary, of its Special Temporary Authority ("STA")‘ to operate a Direct Broadcast Satellite ("DBS"), M (close to its authorized 119.2° W.L. and 118.9° W.L.* orbital locations) for a period of t See File No. SAT—STA—20000712—00113 (filed July 12, 2000) (requesting an extension of prior STA, File No. SAT—STA—19991217—00132, granted January 14, 2000). * See EchoStar Satellite Corporation, Memorandum Opinion and Order, 13 FCC Red. 8595 (1998). * In the Matter ofEchoStar Satellite Corporation Applicationfor Authority to Make Minor Modifications to Direct Broadcast Satllite Authorizations, Launch and Operation Authority, Memorandum Opinion and Order, DA 00—2382, [ 2 (rel. Nov. 27, (Continued ...)

180 days over up to 21 channels (2—21 odd and even) at 119.35° W.L. While EchoStar 4 has been relocated from 119.35° W.L. to 118.9° W.L.,* EchoStar respectfully requests renewal of the subject STA in order to maintain the necessary flexibility for operating six satellites, three of which are located in the nominal 119° W.L. orbital slot. I. BACKGROUND Until recently, EchoStar 4 was operating from the 119.35° W.L. orbital location under the subject Special Temporary Authority." In October of 2000, EchoStar 4 was relocated to 118.9° W.L., and EchoStar 6 to 119.05° W.L.° This transition enables the states of Alaska and Hawaii to receive enhanced service from the nominal 119° W.L. orbital location since EchoStar 4 and EchoStar 6 can serve Alaska and Hawaii from 119° W.L. with a smaller dish than can EchoStar 1 and 2. Moreover, the relocation of EchoStar 2000), File No. SAT—MOD—20000607—00099 ("Relocation MO&O") (modifying File Nos. SAT—MOD—19971230—00231, SAT—MOD—19971230—00235, and DBS 88—01). * See Letter to Magalie R. Salas, Secretary, Federal Communications Commission, from Pantelis Michalopoulos and Omer C. Eyal, attorneys for EchoStar Satellite Corporation, dated October 11, 2000. 5 SAT—STA—20000712—00113 & See Letter to David K. Moskowitz, Senior Vice President and General counsel of EchoStar Satellite Corporation from Thomas S. Tycz, Chief, Satellite and Radiocommunication Division, dated August 10, 2000 (authorizing EchoStar to relocate EchoStar 2, EchoStar 4, and EchoStar 6 to their respective present locations); See Letter to Magalie R. Salas, Secretary, Federal Communications Commission, from Pantelis Michalopoulos and Omer C. Eyal, attorneys for EchoStar Satellite Corporation, dated October 11, 2000 (notifying the Commission of subsequent satellite relocations to and from the 119.35° W.L. orbital location); see also Relocation MO&O, {J 2 & 14 (authorizing operations in the present orbital locations for EchoStar 2, EchoStar 4, and EchoStar 6, and noting the relocation of EchoStar 1 to 148° W.L.).

1 to 148° W.L. helps further enhance EchoStar‘s service to Alaska and Hawaii. Nonetheless, the relocation of EchoStar 4 to 118.9° W.L. does not obviate EchoStar‘s need for continuing flexibility in its operation of this complex fleet of satellites. EchoStar, therefore, respectfully requests renewal of the subject STA in order to maintain this essential flexibility. | II. GRANT OF ECHOSTAR‘S RENEWAL REQUEST FOR SPECIAL TEMPORARY AUTHORITY WILL NOT CAUSE ANY HARMFUL INTERFERENCE AND WILL SERVE THE PUBLIC INTEREST The Commission has a long—standing policy of granting Special Temporary Authority where such authorization will not cause harmful interference and will serve the public interest, convenience and necessity. See, e.g., In the Matter ofAmerican Telephone & Telegraph Company, Order, 8 FCC Red. 8742, 8742 (1993) ("Granting the AT&T request will serve the public interest, convenience and necessity . . . [It] will allow AT&T to continue to provide service to its TELSTAR 301 customers while ensuring that TELSTAR 301 is fully operational before it is placed into service.’”); see also In the Matter ofHughe; Communications Galaxy, Inc., Order, 10 FCC Red. 11024, 11024 (1995) ("Grant of this modification will provide an opportunity for the public to continue receiving services from Galaxy III . . . grant of Hughes‘s application will serve the public interest, convenience and necessity."); In the Matter ofColumbia Communications Corporation, Order, 11 FCC Red. 8639, 8640 (1996) ("Granting Columbia‘s request, subject to a non—interference condition, will serve the public interest, convenience and necessity . . . [It] presents Columbia with an opportunity to provide immediate interim service . . . reliev{ing] the present shortage of U.S. domestic and transAtlantic C—band

capacity and also allow[ing] Columbia to provide expanded service options to new and existing customers."); In the Matter ofthe Applications ofNewcomb Communications, Inc., Order and Authorization, 8 FCC Red. 3631, 3633 (1993). EchoStar‘s use of the requested channels will not cause harmful interference to any authorized user of the spectrum. To the west of 119.35° W.L., there is currently no operational DBS satellite in the immediate or even remote vicinity. To the east of 119.35° W.L., DirecTV Enterprises, Inc. ("DirecTV") is the only licensed entity (other than EchoStar) at or near 119° W.L. If anything, a mdve of EchoStar 4 to 119.35° W.L. would even further attenuate any possibility of interference between EchoStar 4 and DirecTV‘s satellites. In addition, the operation of EchoStar‘s assigned channels from EchoStar 4 has no implications whatsoever for DirecTV‘s operations. Moreover, the instant STA extefision request is in the public interest as it will enable EchoStar to maintainthe necessary flexibility for providing enhanced programming service to Alaska and Hawaii from the 119° W.L orbital location and help it provide new expanded packages of multichannel video services to its current mainland subscribers in conjunction with the 110° W.L. orbital location. See Newcomb Communications, Inc., 8 FCC Red. 3631, 3632 (1993). III. SECTION 304 WAIVER In accordance with Section 304 of the Communications Act of 1934, 47 U.S.C. § 304, EchoStar hereby waives any claim to the use of any particular frequency or of the electromagnetic spectrum because of the previous use of the same, whether by license or otherwise.

IV,. CONCLUSION For the foregoing reasons, _ bital —

Respectfully submitted, EchoStar Satellite Corporation Pantelis Michalopoulos David K. Mogko 1tz J James M. Talens Senior Vice President and Géneral Counsel Omer C. Eyal EchoStar Satellite Corporation Steptoe & Johnson LLP 5701 South Santa Fe 1330 Connecticut Avenue, N.W. Washington, D.C. 20036 Littleton, CO 80120 (202) 429—3000 (303) 723—1000 Counsel for EchoStar Satellite Corporation Dated: January 4, 2001

ANTI—DRUG ABUSE CERTIFICATION Pursuant to Section 1.2002 of the Commission‘s Rules, 47 C.F.R. § 1.2002 (1997), Applicant certifies that neither Applicént nor any of their shareholders, nor any of their officers or directors, nor any party to this Application are subject to a denial of Federal benefits pursuant to authority granted in Section 5301 of the Anti—Drug Abuse Act.of 1988. Respectfully submitted, EchoStar Satellite Corporation y DTMb David K. Mosiiow,{tz Senior Vice President General Counsel EchoStar Satellite Corporation 5701 South Santa Fe Littleton, CO 80120 (303) 723—1000 Dated: January 4, 2001 _


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Document Modified: 2016-12-14 15:30:27
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