Attachment Narrative

This document pretains to SES-MFS-20121203-01052 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2012120301052_976926

                                     Before the
                       FEDERAL COMMUNICATIONS COMMISSION
                                Washington, D.C. 20554


                                                )   File No. SES-MFS-2012____-_____
                                                )   File No. SES-STA-2012____-_____
                                                )   Call Sign E080058
In the Matter of                                )
                                                )   File No. SES-MFS-2012____-_____
ECHOSTAR BROADCASTING CORPORATION               )   File No. SES-STA-2012____-_____
                                                )   Call Sign E980174
Applications for Special Temporary              )
Authority and Modification to Operate Four      )   File No. SES-MFS-2012____-_____
Transmit/Receive Earth Stations with            )   File No. SES-STA-2012____-_____
EchoStar 8 at 76.90º W.L.                       )   Call Sign E980180
                                                )
                                                )   File No. SES-MFS-2012____-_____
                                                )   File No. SES-STA-2012____-_____
                                                )   Call Sign E080120


APPLICATIONS FOR MODIFICATION AND SPECIAL TEMPORARY AUTHORITY

       By this Application, and pursuant to Sections 25.117 and 25.120(b)(4) of the

Commission’s rules,1 beginning on or about December 11, 2012, EchoStar Broadcasting

Corporation (“EBC” and collectively with its affiliates, “EchoStar”) requests the following: (1)

30-day special temporary authority (“STA”) to operate three transmit/receive earth stations (Call

Signs E080058, E980174, and E980180) to provide telemetry, tracking, and control (“TT&C”)

and feeder link communications during the relocation of the EchoStar 8 satellite to, and

operations at, a new location within the 77º W.L. orbital cluster, 76.90° W.L., and to

communicate with the satellite once at its new location; (2) 30-day STA to operate one

transmit/receive earth station (Call Sign E080120) to provide TT&C during the relocation of

EchoStar 8 to, and operations at, 76.90º W.L.; (3) modification of its authority to operate three

       1
           See 47 C.F.R. §§ 25.117, 25.120(b)(4).


transmit/receive earth stations (Call Signs E080058, E980174, and E980180) to provide TT&C

and feeder link communications once EchoStar 8 has been relocated to 76.90º W.L.; and (4)

modification of its authority to operate one transmit/receive earth station (Call Sign E080120) to

provide TT&C communications once EchoStar 8 has been relocated to 76.90º W.L.

       EchoStar plans to direct the move of the QuetzSat-1 satellite from the 61.5º W.L. orbital

location to 77.05º W.L. beginning in December 2012. In anticipation of this move, EchoStar

seeks to move EchoStar 6 from 76.95º W.L. to 76.80º W.L. and to move EchoStar 8 from 77.05º

W.L. to 76.90º W.L.

I.     BACKGROUND

       The nominal 77º W.L. orbital location is allotted to Mexico under the Region 2

Broadcasting-Satellite Service plan set forth in Appendices 30 and 30A to the International

Radio Regulations. In addition to the EchoStar 6 satellite, two other EchoStar Direct Broadcast

Satellites (“DBS”) currently operate at the nominal 77° W.L. orbital location under Mexican

authority issued to EBC’s partner, QuetzSat: EchoStar 1 and EchoStar 8. EchoStar 8 is used by

EchoStar’s customers, DISH Network L.L.C. (“DISH”) and DISH Mexico, to provide DBS

service in the United States and Mexico, and EchoStar 6 and EchoStar 1 provide backup to the

United States and Mexico services, respectively. The U.S. service includes local-into-local

programming in a number of markets in the southern United States. Currently, EchoStar 8 at 77°

W.L., as backed up by EchoStar 1 and EchoStar 6, provides sufficient capacity to avoid service

disruptions from that slot in the event any of the satellites experience a problem.

II.    GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST

       These applications are in the public interest because they will ensure the continued safe

operation of EchoStar 8 at the nominal 77° W.L. orbital location as the satellite is moved to




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accommodate the pending arrival of QuetzSat-1. During relocation to and operations at 76.90º

W.L., EchoStar will ensure that operations do not cause harmful interference to any other

satellite.

III.    OPERATIONAL PARAMETERS

        During relocation maneuvers and maintenance of EchoStar 8 at the 76.90º W.L. orbital

location, the earth station and satellite will operate subject to the following conditions:

        1. All drift orbit TT&C and feeder link operations will be coordinated with other
           potentially affected in-orbit operators.

        2. Drift operations and operations at 76.90º W.L. shall be on a non-harmful interference
           basis, meaning that EchoStar 8 shall not cause interference to, and shall not claim
           protections from, interference caused to it by any other lawfully operating satellites.

        3. In the event that any harmful interference is caused as a result of TT&C or feeder link
           operations during the relocation of the EchoStar 8 satellite or while the satellite is at
           76.90º W.L., EchoStar 8 shall cease the offending operations immediately upon
           notification of such interference and the Commission will be informed immediately,
           in writing, of such event.

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, EBC hereby waives any claim to the use of any particular frequency or 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, EBC respectfully requests the grant of its application for

special temporary authority, beginning on or about December 11, 2012, to operate three

transmit/receive earth stations (Call Signs E080058, E980174, and E980180) to provide TT&C

and feeder link service during the relocation to, and operations of, EchoStar 8 at 76.90° W.L. and

to operate one transmit/receive earth station (Call Sign E080120) to provide TT&C service for




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the relocation to, and operations of, EchoStar 8 at 76.90º W.L. EBC also respectfully requests

the grant of its application for modification of its authority to operate the three transmit/receive

earth stations (Call Signs E080058, E980174, and E980180) to provide TT&C and feeder link

service for EchoStar 8 at 76.90º W.L. and to operate one transmit/receive earth station (Call Sign

E080120) to provide TT&C service for EchoStar 8 at 76.90º W.L.

                                               Respectfully submitted,



                                                        /s/
Pantelis Michalopoulos                          Alison Minea
Stephanie A. Roy                                Corporate Counsel
Jessica I. Rothschild                           EchoStar Broadcasting Corporation
Steptoe & Johnson LLP                           1110 Vermont Avenue, NW, Suite 750
1330 Connecticut Avenue, NW                     Washington, D.C. 20005
Washington, D.C. 20036                          (202) 293-0981
(202) 429-3000
Counsel for EchoStar Broadcasting
Corporation


December 3, 2012




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Document Created: 2012-12-03 17:53:31
Document Modified: 2012-12-03 17:53:31

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