Attachment Narrative

This document pretains to SAT-STA-20130110-00006 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2013011000006_980936

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) In the Matter of ) ) ECHOSTAR SATELLITE OPERATING ) File No. SAT-STA-20121203-00206 CORPORATION ) File No. SAT-STA-2013____-_____ ) Call Sign S2232 Application for Renewal of Special ) Temporary Authority to Operate ) EchoStar 6 76.80º W.L. ) ) ) APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY EchoStar Satellite Operating Corporation (“ESOC,” and collectively with its affiliates, “EchoStar”) hereby requests a 30-day renewal of its special temporary authority (“STA”) under Section 25.120(b) of the Commission’s rules1 to operate the EchoStar 6 satellite at 76.80º W.L. This request is being made while EchoStar’s request for 180-day STA remains pending before the Commission.2 The current 30-day STA expires on January 13, 2013.3 I. BACKGROUND The nominal 77º W.L. orbital location is allotted to Mexico under the Region 2 Broadcasting-Satellite Service plan set forth in Appendices 30 and 30A to the International Radio Regulations. In addition to the EchoStar 6 satellite, ESOC currently operates two Direct Broadcast Satellite (“DBS”) service satellites at the nominal 77° W.L. orbital location under Mexican authority issued to its partner, QuetzSat, S. de R.L. de C.V. (“QuetzSat”): EchoStar 1 1 47 C.F.R. § 25.120(b). 2 See File No. SAT-STA-20121203-00207 (filed Dec. 3, 2012). 3 See Stamp Grant, File No. SAT-STA-20121203-00206 (granted Dec. 13, 2012).

and EchoStar 8. EchoStar 8 is used by EchoStar’s customers, DISH Network L.L.C. and DISH Mexico, to provide DBS service in the United States and Mexico, and EchoStar 6 and EchoStar 1 provide backup to the United States and Mexico services, respectively. The U.S. service includes local-into-local and Spanish-language programming in a number of markets in the southern United States. Since February 2011, EchoStar 6 has been operating within the 77 º W.L. cluster, alongside EchoStar 1 and EchoStar 8, providing sufficient capacity to avoid service disruptions from that slot in the event of an anomaly affecting one of those satellites. ESOC has been operating EchoStar 6 at an inclined orbit since December 12, 2011.4 The relocation of EchoStar 6 to 76.95º W.L. was prompted by a single event upset that temporarily affected the EchoStar 8 satellite.5 ESOC subsequently filed an application to transfer EchoStar 6 to QuetzSat to facilitate operation of the satellite under Mexican authority,6 as well as an application to modify its blanket earth station authorization to provide service to the United States once EchoStar 6 was reflagged.7 4 Letter from Pantelis Michalopoulos, Counsel for EchoStar Corporation, to Marlene H. Dortch, Secretary, FCC, File No. SAT-STA-20111004-00194 (Dec. 2, 2011). 5 See Letter from Petra A. Vorwig, Counsel for EchoStar Corporation, to Marlene H. Dortch, Secretary, FCC, File No. SAT-T/C-20090217-00026 (Feb. 1, 2011). 6 See File No. SAT-T/C-20110314-00054 (filed Mar. 14, 2011). On April 21, 2011, the Commission consented to the pro forma assignment of EchoStar’s authorization to launch and operate EchoStar 6 to ESOC. See File No. SAT-ASG-20110224-00033 (granted Apr. 21, 2011). The pro forma assignment was consummated on May 23, 2011. See Letter from Pantelis Michalopoulos and L. Lisa Sandoval, Counsel for EchoStar Corporation and EchoStar Satellite Operating Corporation, to Marlene H. Dortch, Secretary, FCC, File No. SAT-ASG-20110224- 00033 (May 23, 2011). 7 See File No. SES-MFS-20110314-00288 (filed Mar. 14, 2011). -2-

After consultation with the Commission, and given EchoStar 6’s limited remaining life,8 ESOC no longer believes the transfer of EchoStar 6 to Mexican authority is necessary and has accordingly withdrawn that application.9 In anticipation of the relocation of the QuetzSat-1 satellite to 77.05º W.L., EchoStar relocated two satellites at the nominal 77º W.L. orbital location: EchoStar moved EchoStar 6 from 76.95º W.L. to 76.80º W.L. and EchoStar 8 from 77.05º W.L. to 76.90º W.L. ESOC understands that the Mexican concessionaire for the 77° W.L. orbital location has informed the Mexican regulator, Comisión Federal de Telecomunicaciones, of its plans to operate EchoStar 6 at this location under STA and that it has no objection. 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 6 at 76.80º W.L.10 Moreover, grant of this application will ensure safe station-keeping margins for each of the satellites that are located at the nominal 77º W.L. orbital location. Grant of this application will not cause harmful interference because EchoStar will operate EchoStar 6 in accordance with the conditions imposed on the original STA grant.11 8 See Letter from Pantelis Michalopoulos and Christopher Bjornson, Counsel for EchoStar Corporation, to Stephen Duall, International Bureau, FCC, File No. SAT-MOD- 20100720-00164 (Sept. 27, 2010). 9 Letter from Pantelis Michalopoulos, Counsel for EchoStar Satellite Operating Corporation, to Marlene H. Dortch, Secretary, FCC, File Nos. SAT-T/C-20110314-00054; SAT- STA-20120914-00150 (Sept. 26, 2012). 10 See Stamp Grant, File No. SAT-STA-20121203-00206 (granted Dec. 13, 2012). 11 See id. -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 30-day special temporary authority to operate EchoStar 6 at 76.80° W.L. Respectfully submitted, /s/ Pantelis Michalopoulos Stephanie A. Roy Jessica I. Rothschild Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, D.C. 20036 (202) 429-3000 Counsel for EchoStar Satellite Operating Corporation January 10, 2013 -4-


Document Created: 2013-01-10 17:37:30
Document Modified: 2013-01-10 17:37:30
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