Attachment STA Justification

This document pretains to SAT-STA-20100615-00135 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010061500135_822189

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 __________________________________________ ) In the Matter of ) ) ECHOSTAR CORPORATION ) File No. SAT-STA-2010________ ) Application for Special Temporary Authority to ) Move EchoStar 3 to, and Operate It at 61.45º W.L. ) ) __________________________________________) APPLICATION FOR SPECIAL TEMPORARY AUTHORITY TO MOVE AND OPREATE THE ECHOSTAR 3 SATELLITE EchoStar Corporation (“EchoStar”) hereby requests special temporary authority (“STA”) for 60 days (a) to move the EchoStar 3 satellite from its current orbital position at 61.5º W.L. to 61.45 W.L., and (b) to operate it from that location, in order to accommodate EchoStar 15, which EchoStar has requested authority to launch and operate 61.55 W.L.1 This move is necessitated by the need to replace EchoStar 3, which has experienced significant loss of transponder capacity and is nearing its end of life, and to fully exploit the nominal 61.5 º W.L. orbital location for service to the public.2 In light of the timing exigencies related to the launch of EchoStar 15, EchoStar requests action on this application by no later than July 10, 2010. EchoStar is currently operating three Direct Broadcast Satellite (“DBS”) service satellites at the nominal 61.5º W.L. orbital location – EchoStar 3, EchoStar 6 (on a non-interference basis) 1 See File No. SAT-LOA-20100310-00043, Call Sign S2811 (filed March 10, 2010) (“EchoStar 15 Application”). 2 Concurrent with this application, EchoStar is filing an STA application to launch and test the EchoStar 15 satellite. EchoStar also plans to file an application to modify its authority to operate the EchoStar 12 to reflect this minor change in orbital location.

and EchoStar 12. As the Commission is aware, EchoStar is preparing to launch EchoStar 15, a 32-transponder-capable DBS satellite, on July 10, 2010. This new satellite is expected to eventually replace EchoStar 3 and provide EchoStar’s customer, DISH Network Corporation (“DISH”) with additional capacity to serve DBS consumers. To accommodate testing and operation of EchoStar 15 at 61.55 W.L. and the concurrent and efficient operation of EchoStar’s other satellites at the nominal 61.5 W.L. orbital location, the EchoStar 3 satellite must be moved to 61.45 W.L. The concurrent operation of these satellites will ensure that EchoStar’s customer, DISH, will be able to continue providing DBS service to consumers without any service interruptions. I. THIS APPLICATION IS IN THE PUBLIC INTEREST AND WILL NOT CAUSE HARMFUL INTERFERENCE Grant of this application will ensure safe station-keeping margins for each of the 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 3 will be moving 0.05 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 3 is operating at 61.45 W.L., it will abide by the following conditions: a) All operations during the relocation 61.45 W.L. shall be on a non-harmful interference basis, meaning that EchoStar shall not cause inference to, and shall not claim protection from, interference caused to it by any other lawfully operating satellites. b) In the event that any harmful interference is caused while the satellite is relocating to 61.45 W.L., EchoStar shall cease operations immediately upon notification of such interference and shall inform the Commission immediately, in writing, of such event. -2-

EchoStar notes that the communications payload of the EchoStar 3 satellite will continue to operate during the proposed slight change in orbital location. This will ensure that the is no interruption of service to DBS consumers. 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 grant of its application for special temporary authority for 60 days to relocate EchoStar 3 to 61.45° W.L. and operate it at that location. Respectfully submitted, /s/ Pantelis Michalopoulos Alison Minea Christopher R. Bjornson Corporate Counsel Steptoe & Johnson LLP EchoStar Corporation 1330 Connecticut Avenue, N.W. 1233 20th Street, N.W. Washington, D.C. 20036 Suite 302 (202) 429-3000 Washington, DC 20036-2396 Counsel for EchoStar Corporation (202) 293-1216 June 15, 2010 -3-


Document Created: 2010-06-15 11:23:13
Document Modified: 2010-06-15 11:23:13
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