Letter re ITU BR Dec

LETTER submitted by EchoStar Satellite Operating Corporation

Letter

2014-03-06

This document pretains to SAT-STA-20140113-00004 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2014011300004_1038892

March 6, 2014 Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Re: IBFS File Nos. SAT-MOD-20130227-00026, SAT-AMD-20130429-00063, SAT- AMD-20130613-00083 & SAT-STA-20140113-00004 Call Sign S2232 Dear Ms. Dortch: EchoStar Satellite Operating Corporation (“EchoStar”) submits the attached copy of a letter dated February 18, 2014, from the International Telecommunications Union (ITU) Radiocommunication Bureau (“BR”) to the Radiocommunications Agency Netherlands (the “Netherlands Administration”), 1 for inclusion in the record regarding the above- referenced modification and special temporary authorization renewal applications (“Applications”) to operate the EchoStar 6 satellite at 96.2° W.L. As EchoStar previously informed the Commission, 2 the BR conducted an in-depth review and ultimately rejected a challenge initiated by Spectrum Five LLC (“Spectrum Five”) through the Netherlands Administration against the bringing-into-use status of the BERMUDASAT-1 network utilizing EchoStar 6. 3 Significantly, the BR found that EchoStar 6 is in full compliance with the ITU’s station-keeping requirements and that the BERMUDASAT-1 network has been brought into use in accordance with ITU requirements. 4 Despite a series of Commission and ITU rulings to date rejecting the 1 See Letter from Yvon Henri, Chief, Space Services Department, BR, ITU, to the Netherlands Administration, Ref. No. 30-30A5(SNP)O-2014-000762 (Feb. 18, 2014) (attached hereto is that letteras filed in Spectrum Five LLC v. FCC, Nos. 13-1231 & 13-1232 (filed D.C. Cir. Feb. 28, 2014)) (“BR Letter”). 2 See EchoStar Response to “Opposition,” IBFS File No. SAT-STA-20140113-00004, at 4 (Feb. 26, 2014). 3 See BR Letter at 2. 4 See id. at 1. EchoStar Satellite Operating Corporation 100 Inverness Terrace East • Englewood, CO 80112 • Tel: 303.706.4000

various efforts to block EchoStar 6’s operations at 96.2° W.L. 5 – including most recently the BR’s findings affirming that EchoStar 6’s operations are in full compliance with ITU requirements – Spectrum Five shows no signs of relenting in its campaign to pursue and renew all possible claims, regardless of their merits, in numerous, largely repetitive filings with the FCC. The Commission has a full record before it and should promptly grant the pending Applications. Sincerely, /s/ Jennifer A. Manner Jennifer A. Manner Vice President of Regulatory Affairs 5 See EchoStar Satellite Operating Company, Order and Authorization, 28 FCC Rcd 4229 (IB 2013), aff’d, 28 FCC Rcd 10412 (2013), appeal pending sub nom. Spectrum Five LLC v. FCC, Nos. 13-1231 & 13-1232; BR Letter. 2

CERTIFICATE OF SERVICE I, Theresa Rollins, hereby certify under penalty of perjury that the foregoing LETTER was served on March 6, 2014, by depositing a true copy thereof with the United States Postal Service, first class postage pre-paid, addressed to: David Wilson Todd Stansbury Chief Executive Officer Colleen King SPECTRUM FIVE LLC WILEY REIN LLP 807 Las Cimas Parkway 1776 K Street, NW Suite 270 Washington, D.C. 20006 Austin, TX 78746 Counsel for Spectrum Five LLC /s/ Theresa Rollins Theresa Rollins 3


Document Created: 2014-03-06 16:49:46
Document Modified: 2014-03-06 16:49:46
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