Attachment Narrative

This document pretains to SAT-STA-20120524-00088 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2012052400088_952867

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) In the Matter of ) ) ECHOSTAR SATELLITE OPERATING ) File No. SAT-STA-20120424-00073 CORPORATION ) File No. SAT-STA-2012__________ ) Call Sign S2741 Applications for Special Temporary ) Authority to Move EchoStar 3 to, and ) Operate It as an In-Orbit Spare at, 61.8º ) W.L. ) ) APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY1 By this application, and pursuant to Section 25.120(b)(4) of the Commission’s rules,2 EchoStar Satellite Operating Corporation (“ESOC,” and collectively with its affiliates, “EchoStar”) hereby requests a 30-day renewal of its special temporary authority (“STA”) to operate the EchoStar 3 satellite at 61.8º W.L. as an in-orbit spare. I. BACKGROUND EchoStar is preparing to launch the EchoStar 16 satellite as early as August 2012, which will supplement the service DISH Network L.L.C. provides from 61.5º W.L. and ensure the continued full utilization of the DBS spectrum at that orbital location. In anticipation of this launch and the assumption of operations at 61.5º W.L. by EchoStar 16, EchoStar repositioned EchoStar 3 at 61.8º W.L. Operating at 61.8º W.L. as an in-orbit spare, EchoStar 3 remains in close proximity to the 61.5º W.L. nominal orbital location and available, if needed, for 1 Concurrent with this application, EchoStar is filing a 30-day renewal STA application to operate two of its transmit/receive earth stations with EchoStar 3 to provide the necessary telemetry, tracking, and control (“TT&C”) service to EchoStar 3 at 61.8º W.L. 2 47 C.F.R. § 25.120(b)(4).

repositioning within the orbital cluster to provide service. This renewal STA is necessary to allow the continued operation of EchoStar 3 while EchoStar’s application for a 180-day STA remains pending before the Commission.3 II. THIS REQUEST IS IN THE PUBLIC INTEREST AND WILL NOT CAUSE HARMFUL INTERFERENCE The requested STA is in the public interest for the same reason EchoStar was granted STA to operate EchoStar 3 as an in-orbit spare. Moreover, grant of this application will ensure safe station-keeping margins for each of the satellites that are located at the nominal 61.5° W.L. orbital location. Grant of this application will not cause harmful interference because EchoStar will operate the earth stations to conduct TT&C operations while EchoStar 3 is at 61.8º W.L. in accordance with the conditions imposed on the original STA grant.4 III. 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, ESOC hereby waives any claim to the use of any particular frequency or use 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. IV. CONCLUSION For the foregoing reasons, ESOC respectfully requests grant of its application for renewal of its special temporary authority to operate EchoStar 3 as an in-orbit spare at 61.8º W.L. 3 See File No. SAT-STA-20120424-00074 (filed Apr. 24, 2012). 4 See Stamp Grant, File No. SAT-STA-20120424-00073 (granted Apr. 30, 2012). -2-

Respectfully submitted, /s/ Pantelis Michalopoulos Alison Minea Stephanie A. Roy Corporate Counsel Steptoe & Johnson LLP EchoStar Satellite Operating Corporation 1330 Connecticut Avenue, NW 1110 Vermont Avenue, NW, Suite 750 Washington, D.C. 20036 Washington, D.C. 20005 (202) 429-3000 (202) 293-0981 Counsel for EchoStar Satellite Operating Corporation May 24, 2012 -3-


Document Created: 2012-05-23 14:18:02
Document Modified: 2012-05-23 14:18:02
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