Attachment redacted

redacted

SUBMISSION FOR THE RECORD submitted by EchoStar

redacted

2007-03-05

This document pretains to SAT-STA-20060324-00029 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2006032400029_555414

STEPTOE&JOHNSONw ATTORNEYS AT LAW Pantelis Michalopoulos 1330 Connecticut Avenue, NWY 202.429.6494 Washington, DC 20036—1795 pmichalo@steptoe.com Tel 2024293000 Fax 2024293902 steptoe.com March 5, 2007 Via HAND DELIVERY Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Re: EchoStar Satellite Operating Corp. File Nos. SAT—STA—20060324—00029, SAT—STA—20070105—0008 Dear Ms. Dortch: EchoStar Satellite Operating Corporation hereby submits for the public file a redacted version of a Status Report describing the status of the replacement satellite for the EchoStar 3 satellite and the operating status of the EchoStar 3 satellite. An unredacted version of this report is being submitted separately with a request for confidential treatment pursuant to 47 C.F.R. §§ 0.457 and 0.459. Please contact the undersigned if you have any questions concerning this filing. 5 Pantelis Michalopoulos Counselfor EchoStar Satellite Operating Corp. ce: Robert Nelson, International Bureau wWASHINGTON & NEW YORK * PH O ENIX o LOS ANGELES & LOND O N e B RUSSELS

REDACTED VERSION FOR PUBLIC INSPECTION Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 FILED/ACcEPTEp MAR — 5 2007 In the Matter of ) Federal Communicat . ; ) ooofiShe Commission 7 0! e Secretary EchoStar Satellite Operating Corporation ) ) . Application for Extension and Modification of ) IBFS File No. SAT—STA—20060324— Special Temporary Authority to Operate ) 00029 Direct Broadcast Satellite Service over — ) IBFS File No, SAT—STA—20070105— Channels 23 and 24 at the 61.5° W.L. Orbital ) 00008 Location ) STATUS REPORT The International Bureau ("Bureau") recently provided EchoStar Satellite Operating Corporation ("EchoStar") with additional flexibility to operate on two unassigned DBS channels at 61.5° WL.‘ The resulting ability to provide additional regular programming from the EchoStar 12 satellite has had distinct pro—consumer effects. Pursuant to that Order, EchoStar submits a satellite health report on the EchoStar 3 satellite, and an update on the long—term operational strategy for the 61.5° WL orbital location. Background. EchoStar opegatéé two satellites (EchoStar 3 and EchoStar 12, formerly Rainbow 1) at the 61.5° WL orbital location, and is licensed to operate on 22 of the 32 DBS channels at this location. Order, 2. The EchoStar 3 satellite was launched by EchoStar in 1997, and has had a number of complications with respect to transponder health detailed below. The EchoStar 12 satellite was acquired from Rainbow in 2005, and is capable of operating only on the 11 channels formerly licensed to Rainbow and the two unassigned DBS channels. I See EchoStar Satellite Operating Corporation, Application for Extension and Modification ofSpecial Temporary Authority to Operate Direct Broadcast Satellite Service over Channels 23 and 24 at the 61.5° W.L. Orbital Location, Order and Authorization, DA 07—518, «[ 15 (Feb. 2, 2007) ("Order").

REDACTED VERSION FOR PUBLIC INSPECTION Since 1998, the Federal Communications Commission ("Commission") has permitted DBS providers to operate on the two unassigned channels at the 61.5° WL orbital location pursuant to special temporary authority subject to different operating conditions." The Commission has highlighted repeatedly "the importance of ensuring that spectrum can continue to serve the public rather than Iying fallow unnecessarily, even on a temporary basis."" In 2005, EchoStar received again special temporary authority to operate on these two channels as part of the Rainbow transaction.* In March 2006, EchoStar sought an extension of this special temporary authority, and also requested a modification to relax ’one of the associated conditions." In January 2007, EchoStar modified its prior request, seeking relaxation of a second condition.© The primary need 2 See Rainbow DBS Company, LLC and EchoStar Satellite L.L.C., Memorandum Opinion and Order, FCC 05—177, «1 29 (Oct. 12, 2005) ("Rainbow I Assignment Order") (explaining that these channels "are the only two remaining unassigned DBS channels in the 12 GHz band that are assigned to the United States that can provide service to most of the contiguous United States."). 3 EchoStar Satellite Corporation and Rainbow DBS Company LLC, Order and Authorization, 18 FCC Red 19825, 4 8 (2003). 4 The Rainbow STA was assigned to EchoStar Satellite L.L.C. ("ESLLC") in October 2005 as part of the sale of the Rainbow 1 satellite to EchoStar. See EchoStar Satellite L.L.C., File No, SAT—STA—20050930—00183 (granted Sept. 30, 2005); see also Rainbow I Assignment Order. The STA was then assigned from ESLLC to EchoStar in September 2006. See Application for Pro Forma Assignment ofLicensesfrom EchoStar Satellite L.L.C. to EchoStar Satellite Operating Corporation, File No. SAT—ASG—20051129—00256 (granted Sep. 13, 2006). 5 iSee File No. SAT—STA—20060324—00029. Specifically, the customer notification condition required EchoStar to notify subscribers that the services provided using the two unassigned channels were provided pursuant to a grant of temporary authority and could be reduced or discontinued at any time. EchoStar was also required to provide billing inserts informing consumers of the services provided on these channels and the expiration date of the temporary authority for the two channels. 6 See File No. SAT—STA—20070105—00008. The programming condition required that the STA channels be used only for free—standing separate programming, as opposed to "regular" package programming.

REDACTED VERSION FOR PUBLIC INSPECTION for unrestricted use of the unassigned channels was to mitigate the deteriorating health of the trafisponders on EchoStar 3. Specifically, in order to ensure sufficient capacity is available at the 61.5° WL orbital location:to provide consumers with all regular DISH Network package programming, EchoStar needed to expand thé i;,sé of EchoStar 12 to help offset the losses on EchoStar 3. See Order, 6. The Bureau granted the requests on February 2, 2007, providing EchoStar the necessary authority to provide regular package programming on the two unassigned channels. See, e.g., Order, [ 10. The unrestricted use of the unassigned channels is permitted until a replacement satellite begins operations at 61.5° WL.‘ The unassigned channels have already provided critical additional capacity and flexibility. Satellite Health Report. The Bureau requested that EchoStar provide a health report on the EchoStar 3 satellite. The most recent highly confidential spacecraft health report for EchoStar 3 is aftached." As a general matter, [ As detailed in that report, EchoStar 3 was originally designed to operate a maximum of 32 transponders at approximately 120 watts per channel, switchable to 16 transponders operating at over 230 watts per channel, and was equipped with a total of 44 traveling wave tube amplifiers ("TWTA‘s") to provide redundancy. [ 7 Order, [ 8. EchoStar is also required to terminate all operations pursuant to this special temporary authority when a "regularly—assigned licensee begins operations on these channels." Order, « 8. The Commission has an open proceeding addressing the licensing of these channels. See Amendment ofthe Commission‘s Policies and Rules for Processing Applications in the Direct Broadcast Satellite Service in the United States, Notice of Proposed Rulemaking, 21 FCC Red 9443 (2006); ° [

REDACTED VERSION FOR PUBLIC INSPECTION ] Replacement Satellite, The Bureau notes that EchoStar‘s long—term solution to address problems with EchoStar 3 is a replacement satellite at 61.5° WL "that will be capable of operating on all of EchoStar‘s assigned and leased channels at the 61.5° WL orbital location." Order, "| 6. The Bureau has asked for a status report on that strategy.. Order, "[ 15. As the Bureau is aware, the fluid nature of operating a fleet of EchoStar‘s size makes it difficult to project the demands of our satellite fleet in the future, because long—term plans must adapt to reflect technical, operational, vendor, and competitive developments. [

REDACTED VERSION FOR PUBLIC INSPECTION

REDACTED VERSION FOR PUBLIC INSPECTION ] EchoStar expects to file a request to extend the special temporary authority prior to the April 3, 2007 expiration date, and commits to providing an update on any new developments at that time. Respectfally submitted Linda Kinney /¥ Bradley Gillen ECHOSTAR SATELLITE L.L.C. 1233 20°" Street N.W. Washington, D.C..20036—2396 (202) 293—0981 March 5, 2007

SPACECRAFT HEALTH REPORT SPACECRAFT: E803 (Redacted)


Document Created: 2007-03-07 15:22:10
Document Modified: 2007-03-07 15:22:10
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