Sec. 1.65 Notificati

NOTICE submitted by EchoStar Satellite Operating Corporation

Sec. 1.65 Notice re Court Dismissal of S5 Petition

2014-07-14

This document pretains to SAT-STA-20140513-00050 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2014051300050_1053938

July 14, 2014 Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, SW Washington, D.C. 20554 Re: IBFS File Nos. SAT-STA-20130220-00023, SAT-STA-20140513-00050, SAT-STA-20140314-00031, SAT-MOD-20130227-00026, SAT-AMD-20130429-00063 & SAT-AMD-20130613-00083 (Call Sign S2232) Dear Ms. Dortch: Pursuant to Section 1.65 of the FCC’s rules, 1 EchoStar Satellite Operating Corporation (“EchoStar”) notifies the Commission that the U.S. Court of Appeals for the D.C. Circuit, on July 11, 2014, dismissed Spectrum Five LLC’s (“Spectrum Five”) petition for review of the STA grant in the above-referenced proceeding for lack of standing. 2 In doing so, the court found that Spectrum Five failed to show that the International Telecommunication Union (“ITU”) is likely to reverse its finding that the BERMUDASAT-1 filing has been brought into use (and thus that Spectrum Five’s alleged injury is likely to be redressed), even if the court vacates the Commission’s STA grant or directs the Commission to take certain actions before the ITU. 3 Accordingly, the court found that Spectrum Five lacks standing to pursue its claims. In view of the court’s dismissal of Spectrum Five’s petition, EchoStar urges the Commission to reject Spectrum Five’s claims and expeditiously grant the above- referenced applications for license modification and STA renewal (along with related, unopposed STA renewal applications). Sincerely, /s/ Jennifer A. Manner Jennifer A. Manner Vice President of Regulatory Affairs 1 47 C.F.R. § 1.65. 2 Spectrum Five LLC v. FCC, Nos. 13-1231 & 1232, at 4 (D.C. Cir. July 11, 2014). 3 Id. at 13, 21-22. EchoStar Satellite Operating Corporation 100 Inverness Terrace East • Englewood, CO 80112 • Tel: 303.706.4000

cc: Troy Tanner (FCC) Karl Kensinger (FCC) Stephen Duall (FCC) Scott Angstreich (Counsel for Spectrum Five) 2


Document Created: 2014-07-14 15:15:30
Document Modified: 2014-07-14 15:15:30
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