Attachment Narrative

This document pretains to SAT-STA-20130613-00082 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2013061300082_1000791

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ECHOSTAR SATELLITE OPERATING File No. SAT-STA-20130502-00065 CORPORATION File No. SAT-SAT-___________ Call Sign S2811 Application for Renewal of 60-Day Special Temporary Authority to Operate the EchoStar 15 Satellite at the Nominal 45º W.L. Orbital Location APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY EchoStar Satellite Operating Corporation (“ESOC,” and with its affiliates, “EchoStar”) requests a renewal of its 60-day special temporary authority (“STA”) for the EchoStar 15 Broadcasting-Satellite Service (“BSS”) satellite to operate at the nominal 45º W.L. orbital location.1 Specifically, EchoStar requests continued authority to conduct TT&C over the following frequencies: 17.7915 GHz and 17.7935 GHz (Earth-to-space), and 12.6920 GHz, 12.6930 GHz, 12.6945 GHz, and 12.6985 GHz (space-to-Earth), and to operate in the satellite’s service frequencies over the 12.2-12.7 GHz (space-to-Earth) and 17.3-17.8 GHz (Earth-to-space) bands. The current STA expires on July 6, 2013.2 I. OVERVIEW HNS Americas Comunicações Ltda. (“HNSA”), a wholly owned, indirect subsidiary of EchoStar Corporation, ESOC’s ultimate parent company, holds an authorization to provide BSS 1 EchoStar will maintain EchoStar 15 within a ±0.05º station-keeping box. 2 See Stamp Grant, File No. SAT-STA-20130502-00065 (granted May 8, 2013).

services to Brazil from the nominal 45º W.L. orbital location.3 To that end, EchoStar has agreed to operate the EchoStar 15 satellite in accordance with Brazil’s Region 2 BSS plan for the 45° W.L. cluster, as well as in conformity with HNSA’s authorization and with applicable Brazilian laws, rules, and regulations while HNSA works to provide a purpose-built satellite for the orbital location, consistent with HNSA’s Brazilian authorization. EchoStar has coordinated with Agência Nacional de Telecomunicações (“Anatel”), which represents the administration of Brazil, on the precise location of operations within the cluster and has submitted to Anatel materials for an ITU filing for the 45.1° W.L. operations.4 In late 2012, the Commission authorized EchoStar to relocate EchoStar 15 to, and operate it at, 44.9º W.L.5 EchoStar was later granted STA to relocate EchoStar 15 to and operate it at 45.1° W.L.,6 and the satellite has now arrived at that location.7 EchoStar has also filed an application to modify its permanent authorization to operate EchoStar 15 at 45.1° W.L.8 3 See Exhibit 1, Term of Right of Exploration at 2, File No. SAT-STA-20130502-00065 (granted May 8, 2013) (referencing “45° W”). 4 Grant of the requested modification would be without prejudice to the Commission’s potential action on EchoStar’s outstanding application to launch and operate a Fixed Satellite Service (“FSS”) satellite at the 45.1° W.L. orbital location. See File No. SAT-LOA-20120921-00152 (filed Sept. 21, 2012). 5 See Stamp Grant, File No. SAT-STA-20121022-00185 (granted Nov. 19, 2012) (authorizing relocation to 44.9° W.L. pursuant to STA); Stamp Grant, File No. SAT-MOD-20120814-00130 (granted Dec. 13, 2012) (authorizing operations at 44.9° W.L.). 6 See Stamp Grant, File No. SAT-STA-20130502-00065 (granted May 8, 2013). Concurrent with this filing, EchoStar is filing applications to renew its earth station STAs to communicate with EchoStar 15 at 45.1° W.L. 7 As the Commission is aware, EchoStar cannot operate at the 45.0º W.L. orbital location due to an existing Fixed Satellite Service space station at that location. 8 See File No. SAT-MOD-20130503-00066 (filed May 3, 2013). -2-

For the reasons set forth herein, the grant of this application is in the public interest, is consistent with past precedent, and will not cause harmful interference to any authorized user of the spectrum. II. THIS REQUEST IS IN THE PUBLIC INTEREST, IS CONSISTENT WITH PAST PRECEDENT, AND WILL NOT CAUSE HARMFUL INTERFERENCE The grant of STA to operate EchoStar 15 at 45.1° W.L. is in the public interest for the reasons set forth in the original STA grant, which is incorporated herein by reference.9 Grant of this application will ensure safe station-keeping margins for each of the satellites that are located at the nominal 45° W.L. orbital location. Moreover, grant of this application will not cause harmful interference because EchoStar will conduct TT&C operations with EchoStar 15 at 45.1º W.L. in accordance with the conditions imposed on the original STA grant.10 III. OPERATIONAL PARAMETERS While EchoStar 15 is at 45.1 W.L., EchoStar will operate the satellite subject to the following conditions: 1. EchoStar will maintain full operational control of EchoStar 15 at all times. 2. EchoStar will operate pursuant to Brazil’s ITU Appendix 30/30A Plan Assignment and associated plan modifications, in accordance with Brazil’s agreement with HNSA. 3. EchoStar will comply with the applicable laws, regulations, rules, and licensing procedures of Brazil. IV. 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, EchoStar hereby waives any claim to the use of any particular frequency or use 9 See Stamp Grant, File No. SAT-STA-20130502-00065 (granted May 8, 2013). 10 Id. -3-

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. V. CONCLUSION For the foregoing reasons, ESOC respectfully requests grant of the requested 60-day STA, so that EchoStar 15 may continue to operate at 45.1° W.L. pursuant to Brazilian frequency reservations and authorization. Respectfully submitted, /s/ Pantelis Michalopoulos Stephanie A. Roy Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, D.C. 20036 (202) 429-3000 Counsel for EchoStar Satellite Operating Corporation   June 13, 2013 -4-


Document Created: 0590-04-22 00:00:00
Document Modified: 0590-04-22 00:00:00
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