Attachment Narrative

This document pretains to SAT-STA-20100917-00193 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010091700193_840649

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

                                                   )
In the Matter of                                   )
                                                   )
ECHOSTAR CORPORATION                               )   File No. SAT-STA-20100615-00134
                                                   )   File No. SAT-STA-2010____-_____
Request for Renewal of Special Temporary           )   Call Sign S2811
Authority to Operate the EchoStar 15 Satellite     )
Over Channels 23 and 24 at the 61.55° W.L.         )
Orbital Location                                   )
                                                   )


           REQUEST FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY

       EchoStar Corporation (“EchoStar”) requests renewal of its special temporary authority

(“STA”) to operate its EchoStar 15 satellite on the Direct Broadcast Satellite (“DBS”) Channels

23 and 24 at the 61.55º W.L. orbital location for an additional 30 days.1 The current STA

expires on September 17, 2010.2 For the reasons set forth below, grant of this renewal request

will continue to serve the public interest.




       1
         See EchoStar Corporation, File No. SAT-STA-20100615-00134, Call Sign S2811,
Order and Authorization, DA 10-1553 (rel. Aug. 18, 2010) (“EchoStar 15 STA Order”).
EchoStar also currently holds an STA for the two channels on its EchoStar 12 satellite. See
EchoStar Satellite Operating Corporation, Application for 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 ¶ 5 (rel. Feb. 2, 2007) (“61.5
STA Order”); see also Stamp Grant, File No. SAT-STA-20100226-00037, at 2-3 (granted Apr. 6,
2010). With this application, EchoStar specifies to the Commission that it will be operating over
Channels 23 and 24 from EchoStar 15.
       2
           EchoStar 15 STA Order ¶ 10.


I.     BACKGROUND AND PROCEDURAL HISTORY

       As EchoStar’s predecessor-in-interest, EchoStar Satellite Operating Corporation

(“ESOC”) explained in the original STA request, DBS Channels 23 and 24 at the 61.5° W.L.

orbital location have a “unique” history. In stark contrast to the vast majority of DBS spectrum,

these channels have remained unassigned and unlicensed. In fact, these channels “are the only

two remaining unassigned DBS channels in the 12 GHz band that are assigned to the United

States that can provide service to most of the contiguous United States.”3

       The future of these unassigned channels is, however, also subject to the uncertainty

surrounding the Northpoint decision that vacated the Commission’s DBS auction rules, and the

DBS freeze implemented by the Commission in response to that decision.4 As a result, a new

licensee will not be in a position to provide services from these channels for a number of years.

In fact, while the Commission initiated a proceeding in 2006 to establish the mechanism by

which these channels could ultimately be licensed and operated, that proceeding is still pending.5

       In an effort to ensure that such valuable spectrum does not lie fallow, the Commission

has provided STAs to DBS providers to operate on these channels for the past eleven years

subject to different conditions. The Commission initially granted EchoStar’s predecessor STA to


       3
         Rainbow DBS Company, LLC and EchoStar Satellite L.L.C., Memorandum Opinion and
Order, 20 FCC Rcd. 16868 ¶ 29 (2005) (“Rainbow 1 Assignment Order”).
       4
          Northpoint Technology Ltd. v. FCC, 412 F.3d 145 (D.C. Cir. 2005); Public Notice,
Direct Broadcast Satellite (DBS) Service Auction Nullified: Commission Sets Forth Refund
Procedures for Auction No. 52 Winning Bidders and Adopts a Freeze on All New DBS Service
Applications, FCC 05-213 (rel. Dec. 21, 2005). The DBS freeze does not apply to “requests for
special temporary authority.” Id. at 2.
       5
         See Amendment of the Commission’s Policies and Rules for Processing Applications in
the Direct Broadcast Satellite Service in the United States, Notice of Proposed Rulemaking, 21
FCC Rcd. 9443 (2006).



                                                 2


operate on the unassigned channels, as well as the 8 channels assigned to Dominion Video

Satellite, Inc., and the 11 channels assigned to Rainbow DBS Company, LLC (“Rainbow”) on

March 21, 1998.6 Rainbow subsequently operated on the unassigned channels for a two-year

period,7 before ESOC acquired the Rainbow 1 satellite and regained authority in 2005.8 On

January 1, 2008, ESOC assigned its STA to EchoStar as part of a pro forma corporate

reorganization under which ESOC’s parent, EchoStar Communications Corporation, spun off its

wholly-owned subsidiary, EchoStar.9 The Commission has highlighted repeatedly “the

importance of ensuring that spectrum can continue to serve the public rather than lying fallow

unnecessarily, even on a temporary basis.”10 During the past eleven years, the flexibility

provided by this much-needed capacity has proven instrumental to DBS providers.



       6
         See In the Matter of Direct Broadcasting Satellite Corporation, Application for Special
Temporary Authority to Operate a Direct Broadcast Satellite Over Channels 1-21 (odd) and 23-
32 (odd and even) at 61.5º W.L., Memorandum Opinion and Order, 13 FCC Rcd. 6392 (1998)
(“EchoStar 1998 STA Grant”). For a full description of the regulatory history of these channels,
see File No. SAT-STA-20090821-00092, Narrative at n.4 (filed Aug. 21, 2009).
       7
         Rainbow DBS Company, LLC, received the STA to operate on the unassigned channels
in 2003. EchoStar Satellite Corporation and Rainbow DBS Company LLC, Order and
Authorization, 18 FCC Rcd. 19825 (2003) (“Rainbow STA Order”).
       8
         The Rainbow STA was assigned to EchoStar Satellite L.L.C. (“ESLLC”) in October
2005 as part of the sale of the Rainbow 1 satellite to EchoStar. See EchoStar Satellite L.L.C.,
File No. SAT-STA-20050930-00183 (granted Sept. 30, 2005); see also Rainbow 1 Assignment
Order. The STA was then assigned from ESLLC to EchoStar Satellite Operating Corporation
(“ESOC”) in September 2006. See Application for Pro Forma Assignment of Licenses from
EchoStar Satellite L.L.C. to EchoStar Satellite Operating Corporation, File No. SAT-ASG-
20051129-00256 (granted Sep. 13, 2006).
       9
         See Public Notice, DA 07-4655 (rel. Nov. 16, 2007) (consenting to the transfer of
several authorizations as part of the spin-off).
       10
        Rainbow STA Order ¶ 8; see also EchoStar 1998 STA Grant ¶ 7 (“furthering the
Commission’s objective to make efficient use of available spectrum”).



                                                3


       On April 6, 2010, the Bureau renewed EchoStar’s STA to operate DBS service from its

EchoStar 12 satellite over Channels 23 and 24 at the 61.5° W.L. orbital location for a period of

180 days. That STA expires on September 24, 2010.11 In addition, on August 18, 2010, the

Bureau granted EchoStar STA for 30 days to operate on channels 23 and 24 for its recently

launched DBS satellite, EchoStar 15, which replaced the EchoStar 3 satellite at the 61.55° W.L.

orbital location.12 This request seeks renewal of that STA while EchoStar’s request for a 180-

day extension remains pending on Public Notice.13

II.    GRANT OF A RENEWAL STA WOULD CONTINUE TO SERVE THE PUBLIC
       INTEREST

       On July 10, 2010, EchoStar successfully launched EchoStar 15, a 32-transponder-capable

DBS satellite that, in light of the loss of AMC-14, will effectively replace EchoStar 3 at 61.5°

W.L.14 The satellite became fully operational on August 5, 2010.15 EchoStar is currently

transmitting on Channels 23 and 24 from the EchoStar 15 satellite pursuant to its STA.16 In the

event of a technical failure on EchoStar 15, EchoStar intends to apply for a renewal STA for the




       11
          See 61.5 STA Order ¶ 5; see also Stamp Grant, File No. SAT-STA-20100226-00037, at
2-3 (granted Apr. 6, 2010).
       12
            EchoStar 15 STA Order ¶ 1.
       13
         See File No. SAT-STA-20100830-00184 (filed Aug. 30, 2010); Public Notice, Policy
Branch Information: Satellite Space Applications Accepted for Filing (Sept. 10, 2010).
       14
            EchoStar Corporation, Order and Authorization, DA 10-1553 (rel. Aug. 18, 2010).
       15
         See Letter from Christopher R. Bjornson, Counsel for DISH Operating L.L.C. to
Robert Nelson, Chief, Satellite Division, IB, FCC (dated Aug. 6, 2010), filed in File No. SAT-
LOA-20100310-00043.
       16
            EchoStar 15 STA Order ¶ 1.



                                                 4


EchoStar 12 satellite to provide continuous service to its customer, DISH Network Corporation

(“DISH”), on the two channels.

       As explained in the original EchoStar 15 STA application, which is hereby incorporated

by reference, the “CONUS-plus” capability of EchoStar 15 increases the capacity of EchoStar’s

customer to provide High Definition programming to its subscribers. Its advanced spot-beam

technology will enhance DISH’s ability to provide local-into-local stations across the country.17

The requested STA will continue to ensure improved services are available to its customers.

       EchoStar will continue to operate EchoStar 15 in accordance with the conditions set forth

in the EchoStar 15 STA Order.18

III.   CONCLUSION

       For the foregoing reasons, EchoStar respectfully requests that the Commission renew its

STA to operate the EchoStar 15 satellite at the 61.55º W.L. orbital location on Channels 23 and

24 for an additional 30 days.

                                             Respectfully submitted,

                                             _________/s/_____________________

Pantelis Michalopoulos                        Alison Minea
Christopher Bjornson                          Corporate Counsel
L. Lisa Sandoval                              EchoStar Corporation
Steptoe & Johnson LLP                         1110 Vermont Avenue, NW, Suite 750
1330 Connecticut Avenue N.W.                  Washington, D.C. 20005
Washington, D.C. 20036                        (202) 293-0981
(202) 429-3000

Counsel for EchoStar Corporation

September 17, 2010

       17
            See File No. SAT-STA-20100615-00134, Narrative at 2 (filed June 15, 2010).
       18
            EchoStar 15 STA Order ¶¶ 9-17.



                                                5



Document Created: 2010-09-17 15:56:11
Document Modified: 2010-09-17 15:56:11

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