Attachment Narrative

This document pretains to SAT-STA-20121113-00198 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2012111300198_975108

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) In the Matter of ) ) ECHOSTAR SATELLITE OPERATING ) File No. SAT-STA-20120424-00074 CORPORATION ) File No. SAT-STA-2012____-_____ ) Call Sign S2741 Application for Special Temporary Authority ) to Operate EchoStar 3 as an In-Orbit Spare at ) 61.8º W.L. ) ) ) APPLICATIONS FOR SPECIAL TEMPORARY AUTHORITY By this application, and pursuant to Section 25.120(b)(2) of the Commission’s rules,1 EchoStar Satellite Operating Corporation (“ESOC,” and collectively with its affiliates, “EchoStar”) hereby requests a 180-day renewal of its special temporary authority (“STA”) to operate the EchoStar 3 satellite at 61.8º W.L. as an in-orbit spare. The current STA for the space station expires on December 26, 2012.2 I. BACKGROUND EchoStar is preparing to launch the EchoStar 16 satellite in November 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 1 47 C.F.R. § 25.120(b)(2). 2 See Stamp Grant, File No. SAT-STA-20120424-00074 (granted June 12, 2012).

close proximity to the 61.5º W.L. nominal orbital location and available, if needed, for repositioning within the orbital cluster to provide service. 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.3 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 61.8° W.L. 3 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 Jessica I. Rothschild EchoStar Satellite Operating Corporation Steptoe & Johnson LLP 1110 Vermont Avenue, NW, Suite 750 1330 Connecticut Avenue, NW Washington, D.C. 20005 Washington, D.C. 20036 (202) 293-0981 (202) 429-3000 Counsel for EchoStar Satellite Operating Corporation November 13, 2012 -3-


Document Created: 2012-11-13 17:31:40
Document Modified: 2012-11-13 17:31:40
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