Attachment Exhibit 1 Narrative

This document pretains to SAT-STA-20160805-00078 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2016080500078_1145725

EXHIBIT 1 REQUEST FOR SPECIAL TEMPORARY AUTHORITY Pursuant to Section 25.120(b)(3) of the Commission’s rules,1 EchoStar Satellite Operating Corporation (together with its affiliates, “EchoStar”) requests special temporary authority (“STA”) for 60 days to move and operate the EchoStar 12 satellite (Call Sign S2653) as an in-orbit spare at the 61.2º W.L. orbital location for fleet management purposes. EchoStar currently serves as an in-orbit spare at 61.35° W.L. and is authorized to operate EchoStar 12 at 61.35° W.L. on Direct Broadcast Satellite channels 3 through 32 pursuant to regular authority,2 and on channels 1-2 pursuant to STA.3 EchoStar, however, seeks to relocate EchoStar 12 to 61.2° W.L. for fleet management purposes – specifically, to accommodate the planned arrival of the EchoStar 18 satellite at 61.35° W.L.4 The proposed relocation will not cause harmful interference to other authorized co- frequency DBS/broadcasting satellite service (“BSS”) operations. The nearest co-frequency satellites are EchoStar 15 and EchoStar 16 (as well as planned EchoStar 18) at the 61.5° W.L. orbital cluster and Nimiq 5 at 72.7° W.L., which are being utilized by EchoStar for provision of DBS/BSS. In the unlikely event of harmful interference, EchoStar is prepared to take appropriate measures to eliminate the interference, including immediately terminating communications upon receiving notice of such interference. Grant of the requested STA will serve the public interest by allowing EchoStar the flexibility to manage its satellite fleet efficiently and ensure that sufficient capacity is available 1 See 47 C.F.R. § 25.120(b)(3). 2 See EchoStar, IBFS File No. SAT-MOD-2030905-00113 (granted Feb. 27, 2014). 3 See EchoStar, IBFS File No. SAT-STA-20160114-00003 (granted Feb. 24, 2016). 4 See DISH Operating L.L.C., IBFS File No. SAT-STA-20160725-00075 (granted Aug. 3, 2016).

for service to consumers from the nominal 61.5° W.L. orbital location. 5 Moreover, the Commission recently expanded the fleet management notification procedures under Section 25.118(e) of its rules to permit the relocation of a satellite to a position within 0.15° of an orbital location assigned to the same licensee, without obtaining prior FCC authorization.6 Upon the effectiveness of these rules revisions, EchoStar intends to obtain regular modification authority under revised Section 25.118(e). Until then, grant of the requested STA will serve the public interest, as demonstrated herein. 5 The Commission has a longstanding policy of leaving fleet management decisions to satellite operators because doing so generally serves the public interest. See SES Americom, Inc., Order and Authorization, 21 FCC Rcd. 3430, 3433 ¶ 8 (2006) (FCC “generally has allowed satellite operators to rearrange satellites in their fleet to reflect business and customer considerations where no public interest factors are adversely affected”); AMSC Subsidiary Corporation, Order and Authorization, 13 FCC Rcd 12316, 12318 ¶ 8 (IB 1998) (satellite operator “is in a better position to determine how to tailor its system to meet the particular needs of its customers”). 6 See Comprehensive Review of Licensing and Operating Rules for Satellite Services, Second Report and Order, 30 FCC Rcd 14713, ¶¶ 295-96 (2015). -2-


Document Created: 2010-01-01 00:00:00
Document Modified: 2010-01-01 00:00:00
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