Attachment Narrative

This document pretains to SAT-STA-20100414-00076 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010041400076_810699

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) In the Matter of ) ) File No. SAT-STA-20100203-00021 ECHOSTAR CORPORATION ) File No. SAT-STA-2010____-_____ ) Application for Renewal of Special ) Temporary Authority to Operate EchoStar 12 ) at 61.35º W.L. ) ) APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY By this Application, EchoStar Corporation (“EchoStar”) requests renewal of its special temporary authority (“STA”) for 60 days to operate the EchoStar 12 satellite (formerly referred to as Rainbow 1) at 61.35 W.L. in order to accommodate EchoStar 6, which is stationed as an in-orbit spare at 61.65 W.L. The EchoStar 12 satellite has already been moved to that location and is operating there under special temporary authority granted by the Commission.1 On March 3, 2010, EchoStar filed an application to modify the EchoStar 12 license to operate the satellite at 61.35 W.L.2 That application remains pending, and the current STA is set to expire on April 20. Therefore, EchoStar is requesting this renewal. EchoStar is currently operating two Direct Broadcast Satellite (“DBS”) service satellites at the nominal 61.5º W.L. orbital location – EchoStar 3 and EchoStar 12. As the Commission is aware, EchoStar 3 has experienced several transponder failures due to Traveling Wave Tube 1 See Stamp Grant, File No. SAT-STA-20100203-00021 (granted Feb. 19, 2010) (“EchoStar 12 STA”). 2 File No. SAT-MOD-20100310-00042 (filed Mar. 10, 2010).

Amplifier (“TWTA”) anomalies, and has been operating at reduced capacity.3 On January 7, 2010, EchoStar 3 experienced another TWTA anomaly further diminishing its operating capacity. As a result of this failure, EchoStar needed to marshal, at least prophylactically, additional satellite capacity at this orbital location. EchoStar, therefore, applied for and received STA to relocate EchoStar 6 to 61.65º W.L. and station it there as an in-orbit spare.4 EchoStar 6 arrived at 61.65º W.L. on February 28, 2010. EchoStar 12, for its part, has been moved to 61.35º W.L. and is operating there pursuant to special temporary authority, for the simple purpose of making more room for EchoStar 6. The concurrent operation of these satellites will ensure that EchoStar’s customer, DISH Network Corporation, will be able to continue providing DBS service to consumers without any service interruptions until EchoStar’s EchoStar 15 satellite begins operating at 61.5º W.L.5 EchoStar 15, a 32-transponder-capable DBS satellite, is expected to effectively replace EchoStar 3 and will be ready for launch by the third quarter of 2010.6 In order to continue to accommodate EchoStar 6 at 61.65 W.L. safely, EchoStar 12 must remain at 61.35 W.L. 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 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 File No. SAT-STA-20100203-0020 (granted Mar. 3, 2010). 5 EchoStar has previously informed the Commission that it has initiated construction of the satellite at EchoStar’s own risk, and intends to file an application seeking authority to launch and operate the satellite in the immediate future. 6 See EchoStar 3 Status Report. -2-

I. THIS APPLICATION IS IN THE PUBLIC INTEREST AND WILL NOT CAUSE HARMFUL INTERFERENCE This application is in the public interest for the reasons set forth in the EchoStar 12 STA, which are incorporated herein by reference. Furthermore, grant of this application will ensure safe station-keeping margins for each of the three satellites that will be located at the nominal 61.5 W.L. orbital location. Grant of this application also will not cause harmful interference because EchoStar 12 will be operating 0.3 degrees to the east, farther away from the nearest Broadcasting-Satellite Service (“BSS”) satellite other than EchoStar’s satellites, DIRECTV 1R, operating at 72.5 W.L. Furthermore, while EchoStar 12 is operating at 61.35 W.L., it will continue to abide by conditions imposed in the original STA grant.7 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. III. CONCLUSION For the foregoing reasons, EchoStar respectfully requests the renewal of its special temporary authority for 60 days to operate EchoStar 12 at 61.35° W.L. 7 EchoStar 12 STA. -3-

Respectfully submitted, /s/ Pantelis Michalopoulos Linda Kinney Petra A. Vorwig Vice President, Law and Regulation Laura 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 14, 2010 -4-


Document Created: 2010-04-14 11:16:18
Document Modified: 2010-04-14 11:16:18
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC