Attachment Narrative

This document pretains to SAT-STA-20130626-00090 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2013062600090_1002183

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ____________________________________ ) In the Matter of ) ) ECHOSTAR SATELLITE OPERATING ) CORPORATION ) File Nos. SAT-STA-20120301-00031 ) SAT-STA-20120301-00030 Application for Renewal of Special ) SAT-STA-20110902-00171 Temporary Authority to Operate on ) Channels 1 and 2 at 61.5° W.L. ) Call Signs S2741, S2653, S2844 ) ) ) ____________________________________) APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY EchoStar Satellite Operating Corporation (“ESOC,” and collectively with its affiliates, “EchoStar”) hereby requests a renewal of its 180-day special temporary authority (“STA”) to operate the EchoStar 3, EchoStar 12, and EchoStar 16 satellites on channels 1 and 2 at the nominal 61.5° W.L. orbital location. The current STAs expire on August 18, 2013.1 1 See Applications to Modify Authority to Operate Direct Broadcast Satellite Service Space Stations EchoStar 3, EchoStar 12, and EchoStar 15 on Channels 3 through 32 and for Special Temporary Authority to Operate Direct Broadcast Satellite Service Space Stations EchoStar 3, EchoStar 12, EchoStar 15, and EchoStar 16 on Channels 1 and 2 at the 61.5° W.L. Orbital Location, Order and Authorization ¶ 11, 27 FCC Rcd. 7138, 7141-42 (June 22, 2012) (“June 2012 Order”) (stating that the granted STAs would become effective upon notification that EchoStar 16 had commenced operations at 61.5° W.L.); Letter from Jaime Londono, Vice President, Advanced Programs & Spectrum Management, EchoStar Technologies LLC, to Fern Jarmulnek, Acting Chief, Satellite Division, International Bureau, FCC (Feb. 19, 2013) (“EchoStar 16 Letter”), filed in File No. SAT-LOA-20110902-00172, Call Sign S2844 (stating that EchoStar 16 became operational at 61.5° W.L. on February 14, 2013).

I. INTRODUCTION AND BACKGROUND EchoStar currently operates the EchoStar 3, EchoStar 12, and EchoStar 16 satellites in and around the 61.5º W.L. orbital cluster. The EchoStar 3 satellite, launched in 1998, was the first satellite in position at 61.5º W.L. and is currently an in-orbit spare operating under STA at 61.8° W.L.2 EchoStar 12, launched in 2003, is located at 61.35° W.L.3 EchoStar 16, which became operational in February 2013,4 ensures the continued full utilization of the DBS spectrum at that orbital location. On June 22, 2012, the Commission granted ESOC’s applications to modify the authorized channels on these space stations from the nominal 61.5° W.L. orbital location from DBS channels 1-22 and 25-32 to DBS channels 3-32, and for 180-day STA to operate on channels 1 and 2, upon receipt of notification that EchoStar 16 had commenced operations.5 ESOC filed this notification on February 19, 2013.6 II. THIS REQUEST IS IN THE PUBLIC INTEREST, IS CONSISTENT WITH PAST PRECEDENT, AND WILL NOT CAUSE HARMFUL INTERFERENCE Renewal of the 180-day STA to operate EchoStars 3, 12, and 16 on channels 1 and 2 at the 61.5° W.L. nominal orbital location is in the public interest for the reasons set forth in the 2 Stamp Grant, File No. SAT-STA-20121113-00198, Call Sign S2741 (granted Jan. 28, 2013); see also Narrative, File No. SAT-STA-20130514-00069, Call Sign S2741 (filed May 14, 2013). 3 Stamp Grant, File No. SAT-MOD-20100310-00042, Call Sign S2653 (granted June 9, 2010). 4 EchoStar 16 Letter. 5 See June 2012 Order ¶¶ 10-11. EchoStar 15 was also authorized to operate on channels 1 and 2 pursuant to STA, but EchoStar 15 has since relocated to 45.1° W.L. and is now operating there under permanent authority. See Stamp Grant, File No. SAT-MOD-20130503-00066, Call Sign 2811 (granted June 20, 2013). 6 EchoStar 16 Letter. -2-

original STA grant, which is incorporated herein by reference.7 EchoStar will continue to comply with the conditions on the use of the channels set forth in the original grant as follows:8 1. EchoStar’s use of channels 1 and 2 shall cause no harmful interference to any other lawfully operating radio station, and ESOC shall cease operation on these channels immediately upon notification of such interference. 2. EchoStar shall not claim protection from interference from any other lawfully operating radio station with respect to its operations on channels 1 and 2. 3. EchoStar has informed its customers in writing that services using channels 1 and 2 at the 61.5° W.L. orbital location will be discontinued upon the termination of its temporary authority to operate on these channels. 4. EchoStar will continue to provide the required terms set forth in the original grant in its monthly billing statements and marketing notifications. 5. EchoStar will continue to use channels 1 and 2 at the 61.5° W.L. orbital location only for free-standing separate programming packages that are not required as a condition of purchasing any other programming packages and that are readily capable of being withdrawn on short notice. 6. EchoStar shall cease operations on channels 1 and 2 at the 61.5° W.L. orbital location upon the launch and operation of a satellite regularly licensed to operate on these channels at this location. 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, EchoStar 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. 7 See June 2012 Order. 8 See id. at ¶ 11. -3-

IV. CONCLUSION For the foregoing reasons, ESOC respectfully requests the grant of its application for a renewal of STA to operate EchoStars 3, 12, and 16 on channels 1 and 2 at the nominal 61.5° W.L. orbital location. Respectfully submitted, /s/ Pantelis Michalopoulos Stephanie A. Roy Steptoe & Johnson LLP 1330 Connecticut Avenue, N.W. Washington, D.C. 20036 (202) 429-3000 Counsel for EchoStar Satellite Operating Corporation June 26, 2013 -4-


Document Created: 2013-06-26 16:56:49
Document Modified: 2013-06-26 16:56:49
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