Attachment Renewal of STA

This document pretains to SAT-STA-20130510-00067 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2013051000067_996683

Before the Federal Communications Commission Washington, DC 20554 ) In the Matter of ) File Nos. SAT-STA-20130510- ) SES-STA-20130510- EchoStar Satellite Operating Corporation and ) SES-STA-20130510- EchoStar Broadcasting Corporation ) SES-STA-20130510- ) Applications for Renewal of Special ) Call Signs: S2232, E020306, E080120, Temporary Authority to Operate EchoStar 6 at ) E070273 96.2º W.L. and Related Earth Stations ) ) APPLICATIONS FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY Pursuant to Section 25.120(b)(3) of the Commission’s rules,1 EchoStar Satellite Operating Corporation and EchoStar Broadcasting Corporation (collectively, “EchoStar”) request to renew their special temporary authority (“STA”) for 60 days – until July 30, 2013 – to operate: (i) the EchoStar 6 satellite at 96.2º W.L. (File No. SAT-STA-20130220-00023; Call Sign S2232);2 (ii) two earth stations to provide telemetry, tracking, and control (“TT&C”) communications with EchoStar 6 at 96.2º W.L. (File Nos. SES-STA-20130222-00206 and SES- STA-20130222-00207; Call Signs E020306 and E080120);3 and (iii) an earth station to provide TT&C and feeder link communications with EchoStar 6 at 96.2º W.L. (File No. SES-STA- 20130222-00208; Call Sign E070273).4 EchoStar’s license modification applications for regular 1 See 47 C.F.R. § 25.120(b)(3). 2 See EchoStar Satellite Operating Company, Order and Authorization, DA 13-593 (IB April 1, 2013) (“EchoStar 6 STA Order”). 3 See Satellite Communications Services Information re: Actions Taken, Public Notice, Report No. SES-01540, at 25 (Apr. 3, 2013). 4 See id.

authority to operate EchoStar 6 at 96.2º W.L. and the three related earth stations remain pending before the Commission.5 I. BACKGROUND Prior to its relocation to 96.2º W.L., EchoStar 6 served as an important component of the EchoStar network, providing direct broadcast satellite (“DBS”) service from the nominal 77º W.L. orbital location to U.S. consumers (via DISH Network). In February 2013, a new satellite (EchoStar 16) commenced service, thus facilitating a series of fleet movements that then allowed EchoStar to consider placing EchoStar 6 into a more productive role at a new orbital location. In anticipation of EchoStar 6 potentially becoming available for use at a new orbital location, EchoStar and its customer and development partner, SES Satellites (Bermuda) Ltd. (“SES”), began evaluating the availability of unused DBS orbital locations. Specifically, EchoStar and SES focused on the potential to serve the Caribbean, Latin American, and North Atlantic markets outside the United States from the 96.2º W.L. orbital location pursuant to a U.K. filing (known as BERMUDASAT-1) with the International Telecommunication Union. Consequently, pursuant to the existing STA granted on April 1, 2013,6 EchoStar 6 was successfully repositioned to 96.2º W.L. on April 13 and is in operation there. EchoStar and SES have commenced commercial development activities to leverage this asset to serve consumers in the Atlantic Ocean region.7 5 See Policy Branch Information: Satellite Space Applications Accepted for Filing, Public Notice, Report No. SAT-00946, at 1 (May 3, 2013) (accepting File Nos. SAT-MOD-20130227- 00026 and SAT-AMD-20130429-00063); EchoStar Application for Modification, File Nos. SES-MFS-20130307-00232, SES-MFS-20130307-00233, and SES-MFS-20130307-00234 (Mar. 7, 2013). 6 See EchoStar 6 STA Order ¶ 1. 7 On April 23, 2013, the Commission denied the request of Spectrum Five LLC (“Spectrum Five”) for a stay of the STA grant. See EchoStar Satellite Operating Company, Memorandum -2-

II. THE REQUESTED STA RENEWAL WILL SERVE THE PUBLIC INTEREST WITHOUT CAUSING HARMFUL INTERFERENCE Renewal of the STA grant will serve the public interest for the same reasons set forth in the initial STA request8 and in the EchoStar 6 STA Order.9 Specifically, continued STA operations will be consistent with the fleet management flexibility afforded licensees, and will allow EchoStar and SES to continue developing new markets and innovative satellite video distribution services to a diverse array of customers, including the maritime industry, in underserved markets in the Atlantic Ocean region, including Bermuda, the Caribbean, and Latin America.10 Significant opportunity exists for EchoStar 6 to offer new multi-channel video services to U.S. and non-U.S. ships and vessels,11 and these services can enhance ship operation and serve the unmet needs of ship crews and passengers.12 Additional EchoStar 6 services also may include direct-to-home services to significant portions of the Atlantic Ocean region that have been neglected by much of the multi-channel video market.13 Thus, in granting the existing STA, the Commission found that “[a]llowing satellite operations at an unused orbit location on a Opinion and Order, DA 13-854, ¶ 1 (IB April 23, 2013) (“EchoStar 6 Stay Denial”). Spectrum Five’s application for review of the STA grant remains pending before the Commission. See Spectrum Five Application for Review, File No. SAT-STA-20130220-00023 (Apr. 5, 2013). 8 See EchoStar Application for STA, File No. SAT-STA-20130220-00023, at 3-5 (Feb. 20, 2013); Letter from Dean A. Manson, EchoStar, to Marlene H. Dortch, Secretary, FCC, File No. SAT-STA-20130220-00023, at 2-4 (Mar. 11, 2013) (“EchoStar March 11 Letter”). 9 See EchoStar 6 STA Order ¶ 9; see also EchoStar 6 Stay Denial ¶ 18. 10 See EchoStar Application for STA at 3-4; EchoStar March 11 Letter at 2-4. 11 See EchoStar Application for STA at 4; EchoStar March 11 Letter at 3. 12 See EchoStar March 11 Letter at 4. 13 See EchoStar Application for STA at 4; EchoStar March 11 Letter at 4 -3-

temporary basis is in the public interest because it permits the public to receive services that would otherwise not be available.”14 At the same time, renewal of the STA grant will not cause harmful interference because EchoStar 6 will continue to be operated on an unprotected, non-harmful interference basis in accordance with the conditions set forth in the EchoStar 6 STA Order.15 III. CONCLUSION Based upon the foregoing, EchoStar urges Commission grant of this application for renewal of its STA to operate EchoStar 6 at 96.2º W.L. and the three related earth stations for an additional 60-day period until July 30, 2013. 14 See EchoStar 6 STA Order ¶ 9; see also EchoStar 6 Stay Denial ¶ 18 (“Because the ESOC STA Grant authorizes use and facilitates commercial development potentially leading to greater use, we believe it serves the public interest in spectrum efficiency, particularly given that there are no other imminent uses during the period of operations authorized.”). 15 See EchoStar 6 STA Order ¶ 20. -4-


Document Created: 2019-04-14 12:25:06
Document Modified: 2019-04-14 12:25:06
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