Attachment STA Justification

This document pretains to SAT-STA-20100803-00173 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010080300173_833128

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) In the Matter of ) ) ECHOSTAR CORPORATION ) Call Sign 2741 ) Application to Renew its Special Temporary ) File No. SAT-STA-20100615-00135 Authority To Operate EchoStar 3 as an ) File No. SAT-STA-2010__________ In-Orbit Spare at 61.45º W.L. ) ) ) APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY By this Application, EchoStar Corporation (“EchoStar”) requests renewal of its special temporary authority (“STA”) for an additional 30 days to operate the EchoStar 3 satellite at 61.45º W.L. as an in-orbit spare at that location as EchoStar continues to fully bring EchoStar 15 into use. Pursuant to the Commission’s authorization,1 EchoStar moved the satellite to that orbital location on July 10, 2010, and the current STA to operate there expires on August 6, 2010.2 As the Commission is aware, EchoStar has just launched 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 was moved to 61.45 W.L. 1 See Stamp Grant, File No. SAT-STA-20100615-00135 (granted July 7, 2010). 2 See id.

I. RENEWAL IS IN THE PUBLIC INTEREST AND WILL NOT CAUSE HARMFUL INTERFERENCE For the same reason the previous STA was granted, so too is this modest extension in the public interest. 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 has moved 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. 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 there 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. -2-

III. CONCLUSION For the foregoing reasons, EchoStar respectfully requests the grant of its application to renew its special temporary authority for an additional 30 days to operate EchoStar 3 at 61.45° W.L. EchoStar will continue to operate the satellite pursuant to the conditions imposed in the original grant.3 Respectfully submitted, /s/ Pantelis Michalopoulos Christopher R. Bjornson Steptoe & Johnson LLP 1330 Connecticut Avenue, N.W. Washington, D.C. 20036 (202) 429-3000 Counsel for EchoStar Corporation August 3, 2010 3 Id. -3-


Document Created: 2010-08-03 19:05:02
Document Modified: 2010-08-03 19:05:02
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