Attachment Narrative

This document pretains to SAT-STA-20100507-00094 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010050700094_815144

                                    Before the
                      FEDERAL COMMUNICATIONS COMMISSION
                               Washington, D.C. 20554


                                                 )
                                                 )
In the Matter of:                                )
                                                 )
DISH OPERATING L.L.C.                            ) File Nos. SAT-STA-20090130-00014
                                                 )           SAT-STA-20091202-00138
Application for Renewal of Special               )           SAT-STA-2010__________
Temporary Authority to Operate EchoStar 1        )
at 77.15° W.L. for 180 Days                      )
                                                 )



      APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY

       DISH Operating L.L.C. (“DISH”) requests renewal of its special temporary authority

(“STA”) 1 to operate the EchoStar 1 satellite as a U.S.-licensed satellite serving the United States

from 77.15° W.L. for an additional 180 days pending grant of authority to transfer the satellite to

Mexican authority. 2 The current STA is set to expire on June 8, 2010. 3 To the extent necessary,

DISH also requests a waiver of the Commission’s rules to use two C-band frequencies for

telemetry, tracking, and command (“TT&C”) during such operations.

       Grant of this renewal request will serve the public interest and not cause harmful

interference to any authorized user of the spectrum. Allowing EchoStar 1 to continue service at



       1
         See File No. SAT-STA-20090130-00014 (granted June 12, 2009) (“STA Application”);
File No. SAT-STA-20091202-00138 (granted Feb. 3, 2010) (“STA Renewal”). The information
provided in the STA Application and STA Renewal are incorporated in this application by
reference.
       2
         See File Nos. SES-LFS-20090130-00106 (filed Jan. 30, 2009); SAT-T/C-20090217-
00027 (filed Feb. 17, 2009).
       3
           Stamp Grant, STA Renewal.


the 77.15° W.L. orbital location will support DISH’s continued effort to make a greater variety

and quality of programming services available to U.S. consumers. EchoStar 1 is intended as a

replacement for the EchoStar 4 satellite, 4 which is nearing the end of its life, and will provide

service to the United States and Mexico until the planned launch of the QuetzSat-1 satellite to

that orbital location in 2011.

       As described in the STA Application, DISH’s partner, QuetzSat S. de R.L. de C.V.

(“QuetzSat”), has confirmed that the Mexican Administration does not object to the interim

operation of EchoStar 1 as a U.S. satellite at 77.15° W.L. as a follow on to EchoStar 4’s

operations at that location, provided that the satellite operates in conformance with the technical

characteristics in QuetzSat’s BSS Concession. 5


I.     BACKGROUND AND INTRODUCTION

       As explained in the STA Application, on April 18, 2006, the Commission granted DISH’s

predecessor, EchoStar Satellite LLC, authority to provide Direct Broadcast Satellite (“DBS”)

service to the southern United States from EchoStar 4 as a Mexican-licensed satellite located at

77° W.L. 6 The operation of EchoStar 4 at 77º W.L. is governed by an agreement between SES

Global Latin America, S.A. (“SES”) and EchoStar Corporation (“EchoStar”), DISH’s sister



       4
        The EchoStar 4 satellite has been operating at 77º W.L. with the Commission’s
approval. See EchoStar Satellite L.L.C., DA-06-868, Order and Authorization, 21 FCC Rcd.
4077 (2006) (“77º W.L. Order”).
       5
         See 77º W.L. Order; see also Secretariat of Communications and Transportation Vice-
Ministry of Communications, Concesion Para Ocupar La Posicion Orbital Geoestacionaria 77°
Oeste Asignada al Pais y Explotar Sus Respectivas Bandas de Frecuencias 12.2 – 12.7 GHz y
17.3 – 17.8 GHz, Asi como los Derechos de Emision y Recepcion de Señales, granted February
2, 2005 (“BSS Concession”), filed in File No. SAT-STA-20080616-00121 (granted Oct. 31,
2008), Attachment 2.
       6
           77° W.L. Order.

                                                  -2-


company, 7 and a related agreement between SES and QuetzSat. Consistent with these

agreements, the EchoStar 4 satellite is currently operating as a Mexican-licensed satellite under

the direct control of QuetzSat pursuant to the BSS Concession, which allows QuetzSat to use the

nominal 77° W.L. orbital location. 8 In addition, EchoStar has received authority to serve the

United States from EchoStar 4 as a foreign-licensed satellite. 9 The EchoStar 4 satellite,

however, is nearing its end of life.

        EchoStar 1 has been providing service to the United States and Mexico 10 from 77.15°

W.L. since August 2009 pursuant to the current STA and a series of Satellite Services

Agreements (“SSAs”) among DISH’s parent, DISH Network Corporation, its affiliate, EchoStar

77 Corporation, and SES. Under the SSAs, QuetzSat will provide service to EchoStar 77

Corporation on QuetzSat-1 over all 32 available channels at 77° W.L. subject to the receipt of all




       7
        See Satellite Relocation and Use Agreement for the 77° W.L. Orbital Location (“77°
W.L. Agreement”), as amended, filed in File No. SAT-STA-20080616-00121 (granted Oct. 31,
2008), Attachment 3.
       8
           See BSS Concession.
       9
          See 77° W.L. Order ¶ 1. As DISH has previously advised the Commission, on January
1, 2008, EchoStar Communications Corporation assigned several satellite space station and earth
station assets previously owned by its subsidiaries to EchoStar (the “Spin-Off”). See Public
Notice, DA 07-4655 (rel. Nov. 16, 2007) (consenting to the transfer of several authorizations as
part of the Spin-Off). DISH’s blanket earth station license and its authority to operate U.S.
feeder link and TT&C earth stations with the EchoStar 4 satellite were assigned to EchoStar as
part of the Spin-Off.
       10
           See Amendment to the Commission’s Regulatory Policies Governing Domestic Fixed
Satellites and Separate International Satellite Systems and DBSC Petition for Declaratory
Rulemaking Regarding the Use of Transponders to Provide International DBS Service, Report
and Order, 11 FCC Rcd. 2429, ¶ 70 (1996); see also Protocol Concerning the Transmission and
Reception of Signals from Satellites for the Provision of Direct-to-Home Satellite Services in the
United States of America and the United Mexican States, U.S.-Mx., Nov. 8, 1996, available at
http://www.fcc.gov/ib/sand/agree/files/satellite/mex-dth.pdf.


                                                -3-


required approvals. 11 EchoStar 77 Corporation, in turn, will provide service to DISH. The SSAs

also allow DISH to move an “Interim Satellite” to the 77° W.L. orbital location and use up to all

32 channels available at that location subject to the BSS Concession. Once DISH receives

authority to transfer the satellite to Mexican authority, DISH expects that EchoStar 1 will remain

in operation at 77.15° W.L. until the deployment at that location of the QuetzSat-1 satellite,

planned for a 2011 launch.


II.    GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST

       The same conditions that led the Bureau to grant the STA to operate EchoStar 1 at 77.15°

W.L. remain applicable to the STA’s renewal. DISH is able to continue to provide service from

EchoStar 1 as EchoStar 4 approaches its end of life and while QuetzSat constructs the QuetzSat-

1 satellite. The satellite also helps expand the coverage available from the 77° W.L. orbital

location to cover nearly all of the continental United States.

       The Commission found that even with its limited capacity and coverage, EchoStar 4’s

service from the Mexican orbital slot at 77º W.L. “could serve the public interest by providing

service to areas in the Southern United States, including additional Spanish language

programming to areas with significant Spanish-speaking populations.” 12 The redeployment of

EchoStar 1, alongside EchoStar 8, has achieved this and more, as it has ameliorated both of

EchoStar 4’s defects. By providing service from both EchoStar 1 and EchoStar 8 at 77° W.L.,

DISH has greater operational flexibility to maximize the amount of service available to U.S.

consumers than if either satellite operated alone at 77° W.L. This greater operational flexibility


       11
          Sections 2.H(5) of the SSA between EchoStar 77 Corporation and SES Latin America,
S.A. and the SSA between DISH Network Corporation and EchoStar 77 Corporation, filed in
File No. SES-LFS-20090130-00106, Attachment 2 (filed Jan. 30, 2009).
       12
            See 77º W.L. Order ¶ 8.


                                                 -4-


provides the company with expanded capacity to provide high-definition services and additional

high-definition local-into-local markets.

       Moreover, as noted in the STA Application, the public interest benefits that accrue from

operating EchoStar 1 at 77.15° W.L. can be achieved without causing harmful interference to

other satellites. 13 There is no DBS orbital location in the vicinity of 77.15° W.L. that is assigned

to the United States (the closest U.S. location is 61.5° W.L.) and no harmful interference from

the operation of an additional satellite at 77° W.L. into Canada’s DBS allotments at 72.5º W.L.

and 82º W.L. In that respect, DISH notes that Canada has modified the coverage of its 72.5º

W.L. orbital location to include the United States, and DIRECTV is authorized to serve the

United States from its DIRECTV 1R satellite operating at that slot. DISH’s sister company,

EchoStar, is also authorized to serve the United States from 72.7° W.L. over the Nimiq 5 satellite

operating under Canadian authority. 14

       DISH plans to continue to operate EchoStar 1 within the specifications of the 1996

Mexican ITU modification over all points in Canada and the United States, as well as within the

existing coordination agreements between the Administrations of Canada and Mexico and/or any

future coordination agreements.


III.   USE OF C-BAND FREQUENCIES FOR TT&C

       As the Commission is aware, the EchoStar 1 satellite is equipped with TT&C beacons in

the conventional C-band frequencies (specifically, 5926-5927 MHz and 6423-6424 MHz for

command, and 4198.4-4198.6 and 4199.4-4199.6 MHz for telemetry and tracking). The



       13
            See STA Application, Narrative.
       14
            File No. SES-MFS-20090306-00253 (granted Oct. 30, 2009).



                                                 -5-


Commission has already authorized the use of those frequencies to perform TT&C operations

with EchoStar 1 at 148° W.L. on a non-protected, non-harmful interference basis15 and

authorized the same use of such frequencies with EchoStar 1 at 77.15° W.L. for purposes of the

initial STA. 16

        Consistent with this precedent, DISH respectfully requests a waiver of Section 25.202(g)

(in-band TT&C) to the extent necessary to permit such operations for the duration of the current

STA request. There is good cause for such a waiver. 17 First, the continued use of these

frequencies for the conduct of TT&C with the EchoStar 1 satellite is essential, as the satellite is

not equipped to receive commands or transmit telemetry and tracking information on any other

frequencies. In addition, the continued use of these command frequencies on a non-protected,

non-harmful interference basis will not increase the potential for interference with any lawful

users of spectrum, as it will not conflict with the operations of any adjacent C-band satellite

operators. The closest C-band satellite operating to the east of the 77° W.L. orbital location is

Brasilsat B3 at 75° W.L. The closest C-band satellite operating to the west of 77° W.L. is

Venesat-1 at 78° W.L. DISH has confirmed that operations of EchoStar 1’s TT&C

communications in two slivers of the conventional C-band have not caused and will not cause

any interference into the operations of either of these satellites.

        To the extent necessary, DISH is also requesting from the Commission a limited waiver

of the Trilateral Arrangement Regarding Use of the Geostationary Orbit reached by Canada,

Mexico, and the United States as EchoStar 1 will be a Mexican-licensed satellite in the portion of

        15
         See EchoStar Satellite Corporation et al., 13 FCC Rcd. 8595, ¶ 23 (Sat. & Radiocom.
Div. 1998).
        16
             Stamp Grant, STA Application.
        17
             See WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969).



                                                  -6-


the C-band arc reserved to the United States under that agreement. 18 For the reasons set forth

above, there is good cause for such a waiver. In addition, DISH notes that Mexico and Canada

both consented to EchoStar 1’s limited use of the C-band when the satellite was operating at

119° W.L. in these countries’ portion of the C-band arc.19

       DISH will operate the EchoStar 1 satellite at 77° W.L. pursuant to the conditions

imposed on the original STA grant. 20 DISH requests that the Commission authorize the

temporary operation of EchoStar 1, at DISH’s own risk, pending the grant of blanket earth

station authority and the exchange of letters between the United States and Mexico for the re-

licensing of the satellite under Mexican authority. In the event that such re-licensing fails to

occur, DISH will request Commission authorization to move the satellite to another orbital

location.


IV.    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, DISH 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.




       18
         See Public Notice, Trilateral Arrangement Regarding Use of the Geostationary Orbit
Reached by Canada, Mexico, and the United States (rel. Sept. 2, 1988), available at
http://www.fcc.gov/ib/sand/agree/files/satellite/trilat.pdf.
       19
            Id.
       20
            Stamp Grant, STA Application; Stamp Grant, STA Renewal.


                                                 -7-


V.     CONCLUSION

       For the foregoing reasons, DISH respectfully requests the renewal of its special

temporary authority to operate EchoStar 1 as a U.S.-licensed satellite at 77.15° W.L. for 180

days pending grant of authority to transfer the satellite to Mexican authority.


                                              Respectfully submitted,



                                                       /s/
Pantelis Michalopoulos                         Linda Kinney
Petra A. Vorwig                                Vice President, Law and Regulation
Andrew W. Guhr                                 DISH Operating L.L.C.
Steptoe & Johnson LLP                          1110 Vermont Ave., N.W., Suite 750
1330 Connecticut Avenue, N.W.                  Washington, DC 20005
Washington, D.C. 20036                         (202) 293-0981
(202) 429-3000
Counsel for DISH Operating L.L.C.




May 7, 2010




                                                -8-



Document Created: 2010-05-07 09:37:18
Document Modified: 2010-05-07 09:37:18

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