Attachment Narrative

This document pretains to SAT-STA-20100401-00062 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010040100062_808808

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) In the Matter of ) ) ECHOSTAR CORPORATION ) File No. SAT-STA-20100203-00020 ) File No. SAT-STA-2010__________ Application to Renew its Special Temporary ) Authority To Move EchoStar 6 to, and ) Operate it as an In-Orbit Spare at 61.65º ) W.L. ) ) APPLICATION FOR SPECIAL TEMPORARY AUTHORITY By this Application, EchoStar Corporation (“EchoStar”) requests renewal of its special temporary authority (“STA”) for an additional 60 days to operate the EchoStar 6 satellite at 61.65º W.L. as an in-orbit spare while its application for authority to operate at that location remains pending.1 Pursuant to the Commission’s authorization,2 EchoStar moved the satellite to that orbital location on February 28, 2010, and the authorization expires on April 16, 2010. Prior to EchoStar 6’s move to the nominal 61.5º W.L. orbital location, EchoStar was operating two Direct Broadcast Satellite (“DBS”) service satellites at the nominal 61.5º W.L. orbital location – EchoStar 3 and EchoStar 12 (formerly Rainbow 1). As the Commission is aware, EchoStar 3 experienced several transponder failures due to Traveling Wave Tube Amplifier (“TWTA”) anomalies, and was operating at reduced capacity.3 On January 7, 2010, 1 See File No. SAT-A/O-20100203-00019 (filed Feb. 3, 2010). 2 See Stamp Grant, File No. SAT-STA-20100203-00020 (granted Mar. 3, 2010). 3 See EchoStar 3 Status Report, File No. SAT-STA-20090821-00092 (filed Dec. 30, 2009) (“EchoStar 3 Status Report”); EchoStar Satellite Operating Corporation, Application for Extension and Modification of Special Temporary Authority to Operate Direct Broadcast

EchoStar 3 experienced another TWTA anomaly further diminishing its operating capacity. As a result of this failure, EchoStar was not able to maintain its level of service provided from 61.5 W.L. without at least the relocation of one additional satellite to the orbital location. EchoStar, therefore, requested and received special temporary authority (“STA”) to relocate EchoStar 6 to 61.65º W.L. as an in-orbit spare, where the satellite will supplement, as needed, the service provided by EchoStar 3 and EchoStar 12 to maintain regular programming.4 EchoStar also filed a request for full authority to maintain the satellite as an in-orbit spare and to provide service as needed, which remains pending.5 EchoStar hereby applies to extend this STA for an additional 60 days. I. RENEWAL IS IN THE PUBLIC INTEREST AND WILL NOT CAUSE HARMFUL INTERFERENCE For the same reason the original STA was granted, so too is this modest extension in the public interest.6 The continued operation at 61.65º W.L. will ensure that EchoStar’s customer, DISH Network Corporation, will be able to continue providing high-quality DBS service to consumers without any service interruptions until EchoStar’s EchoStar 15 satellite is authorized and begins operating at 61.5º W.L.7 EchoStar 15, a 32-transponder-capable DBS satellite, is expected to effectively replace EchoStar 3 and will be ready for launch by the fourth quarter of Satellite Service over Channels 23 and 24 at the 61.5º W.L. Orbital Location, Order and Authorization, 22 FCC Rcd. 2223, at ¶¶ 4-6 (2007). 4 See Stamp Grant, File No. SAT-STA-20100203-00020 (granted Mar. 3, 2010). 5 File No. SAT-A/O-20100203-00019 (filed Feb. 3, 2010). The application was placed on public notice on March 26, 2010. Public Notice, Report No. SAT-00675 (Mar. 26, 2010). 6 File No. SAT-STA-20100203-00020 (filed Feb. 3, 2010). The information provided in that application is incorporated herein by reference. 7 See File No. SAT-LOA-20100310-00043 (filed Mar. 10, 2010). -2-

2010.8 Upon launch and successful testing of EchoStar 15, EchoStar currently expects to return EchoStar 6 to its current home – 72.7 W.L. EchoStar has been advised by its partner, Telesat Canada, which has the license for that Canadian orbital location, that the move from, and return to, 72.7 W.L. is not likely to cause regulatory concern on the part of Industry Canada. In any event, any redeployment of EchoStar 6 will take place after securing all necessary authority, and EchoStar will advise the Commission of any change in its plans. Furthermore, the continued operation of EchoStar 6 to 61.65º W.L. as an in-orbit spare will not cause harmful interference to any other U.S.-licensed satellite operator. To the east, there are no operational BSS satellites serving the United States within 9 degrees of 61.65º W.L., other than EchoStar’s own EchoStar 12 satellite.9 To the west, the closest operational BSS satellite serving the United States is the DIRECTV 1R satellite, which is operating at 72.5º W.L. under Canadian authority. The DIRECTV satellite is more than 10 degrees away from the proposed orbital location for EchoStar 6 and, therefore, will not experience additional interference as a result of the proposed continued operations. II. WAIVER PURSUANT TO SECTION 304 OF THE ACT In accordance with Section 304 of the Communications Act of 1934, as amended, 47 U.S.C. § 304, EchoStar hereby waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise. 8 See EchoStar 3 Status Report. 9 Concurrent with this application, EchoStar is filing an application requesting STA to move EchoStar 12 to 61.35 W.L. to accommodate EchoStar 6. -3-

III. CONCLUSION For the foregoing reasons, EchoStar respectfully requests the grant of its application to renew its special temporary authority for an additional 60 days to operate EchoStar 6 at 61.65° W.L. as an in-orbit spare and to provide service as needed. EchoStar will continue to operate the satellite pursuant to the conditions imposed in the original grant.10 Respectfully submitted, /s/ Pantelis Michalopoulos Linda Kinney Petra A. Vorwig Vice President, Law and Regulation L. Lisa Sandoval EchoStar Corporation Steptoe & Johnson LLP 1233 20th Street, N.W. 1330 Connecticut Avenue, N.W. Suite 302 Washington, D.C. 20036 Washington, DC 20036-2396 (202) 429-3000 (202) 293-0981 Counsel for EchoStar Corporation April 1, 2010 10 Stamp Grant, File No. SAT-STA-20100203-00020 (granted Mar. 3, 2010). -4-


Document Created: 2010-04-01 15:53:09
Document Modified: 2010-04-01 15:53:09
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