Attachment Narrative

This document pretains to SES-STA-20100203-00153 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2010020300153_799445

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) In the Matter of ) File No. SES-STA-________-_____ ) Call Sign E980081 ECHOSTAR CORPORATION ) ) File No. SES-STA-________-_____ Application for Special Temporary Authority ) Call Sign E980082 To Operate Three Transmit/Receive Earth ) Stations with EchoStar 6 at 61.65º W.L. ) File No. SES-STA-________-_____ ) Call Sign E070273 ) ) APPLICATION FOR SPECIAL TEMPORARY AUTHORITY1 By this Application, EchoStar Corporation (“EchoStar”) requests special temporary authority (“STA”) for 60 days to operate three transmit/receive earth stations (Call Signs E980081, E980082 and E070273) to provide telemetry, tracking and control (“TT&C”) and feeder link communications in the Broadcasting-Satellite Service (“BSS” or “DBS”) band for the EchoStar 6 satellite once it completes its relocation from its current location at 72.7 W.L. to 61.65 W.L., where it will temporarily supplement the operations of EchoStar 3 and EchoStar 12. This move is necessitated by the recent loss of additional transponder capacity on EchoStar 1 Concurrent with this application, EchoStar is filing (1) an STA application to move EchoStar 6 to, and operate it as an in-orbit spare at 61.65 W.L. (“Satellite STA Application”) (2) an application to operate the satellite as an in-orbit spare at 61.65° W.L. and to activate the communications payload as needed; and (3) STA applications to operate five transmit/receive earth stations to provide TT&C service to EchoStar 6 during its relocation to 61.65 W.L. (“Relocation STAs”). EchoStar will also file applications to modify the three earth stations to operate with the satellite once it is granted full authority to operate at 61.65 W.L.

3. In light of the timing exigencies posed by this further, and unforeseen, loss, EchoStar requests action by no later than March 1, 2010. EchoStar is currently operating two Direct Broadcast Satellite (“DBS”) service satellites at the nominal 61.5º W.L. orbital location – EchoStar 3 and EchoStar 12 (formerly Rainbow 1). As the Commission is aware, EchoStar 3 has experienced several transponder failures due to Traveling Wave Tube Amplifier (“TWTA”) anomalies, and has been operating at reduced capacity.2 On January 7, 2010, EchoStar 3 experienced another TWTA anomaly further diminishing its operating capacity. As a result of this failure, EchoStar will not be able to maintain the current level of service provided from 61.5 W.L. unless it relocates at least one additional satellite to the orbital location. EchoStar, therefore, is separately requesting authority to relocate EchoStar 6 to 61.65º W.L. to supplement the service provided by EchoStar 3 and EchoStar 12 to maintain regular programming.3 EchoStar is requesting authority in this application temporarily to operate the above referenced transmit/receive earth stations to provide TT&C and feeder link service for the satellite once it arrives at 61.65 W.L. In a separate application, EchoStar is requesting authority to operate these earth stations with EchoStar 6 during the relocation of the satellite to 61.65 W.L. The concurrent operation of these satellites will ensure that EchoStar’s customer, DISH Network Corporation, will be able to continue providing DBS service to consumers without any 2 See EchoStar 3 Status Report, File No. SAT-STA-20090821-00092 (filed Dec. 30, 2009) (“EchoStar 3 Status Report”); EchoStar Satellite Operating Corporation, Application for Extension and Modification of Special Temporary Authority to Operate Direct Broadcast Satellite Service over Channels 23 and 24 at the 61.5º W.L. Orbital Location, Order and Authorization, 22 FCC Rcd. 2223, at ¶¶ 4-6 (2007). 3 See Satellite STA Application. -2-

service interruptions until EchoStar’s EchoStar 15 satellite begins operating at 61.5º W.L.4 EchoStar 15, a 32-transponder-capable DBS satellite, is expected to effectively replace EchoStar 3 and will be ready for launch by the fourth quarter of 2010.5 Upon launch and successful testing of EchoStar 15, EchoStar currently expects to return EchoStar 6 to its current home – 72.7 W.L. EchoStar has been advised by its partner, Telesat Canada, which has the license for that Canadian orbital location, that the move from, and return to, 72.7 W.L. is not likely to cause regulatory concern on the part of Industry Canada. In any event, any redeployment of EchoStar 6 will take place after securing all necessary authority, and EchoStar will advise the Commission of any change in its plans. I. THIS APPLICATION IS IN THE PUBLIC INTEREST AND WILL NOT CAUSE HARMFUL INTERFERENCE This application is in the public interest for the reasons set forth in the Satellite STA Application, which are incorporated herein by reference. Furthermore, grant of this application will ensure the safe operation of EchoStar 6 at the 61.65 W.L. orbital location. Grant of this application also will not cause harmful interference because EchoStar will operate the earth stations to conduct TT&C and feederlink operations for the temporary operation of the EchoStar 6 satellite at 61.65° W.L. in accordance with the following conditions: 1) All operations at 61.65 W.L. shall be on a non-harmful interference basis, meaning that EchoStar shall not cause inference to, and shall not claim protection from, interference caused to it by any other lawfully operating satellites. 4 EchoStar has previously informed the Commission that it has initiated construction of the satellite at EchoStar’s own risk, and intends to file an application seeking authority to launch and operate the satellite in the immediate future. 5 See EchoStar 3 Status Report. -3-

2) In the event that any harmful interference is caused while the satellite is operating at 61.65 W.L., EchoStar shall cease operations immediately upon notification of such interference and shall inform the Commission immediately, in writing, of such event. II. 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 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. III. CONCLUSION For the foregoing reasons, EchoStar respectfully requests the grant of its application for special temporary authority for 60 days to operate three transmit/receive earth stations (Call Signs E980081, E980082 and E070273) to provide TT&C and feederlink service for the EchoStar 6 satellite during its temporary operations at 61.65° W.L. Respectfully submitted, /s/ Pantelis Michalopoulos Linda Kinney Petra A. Vorwig Vice President, Law and Regulation L. Lisa Sandoval EchoStar Corporation Steptoe & Johnson LLP 1233 20th Street, N.W. 1330 Connecticut Avenue, N.W. Suite 302 Washington, D.C. 20036 Washington, DC 20036-2396 (202) 429-3000 (202) 293-0981 Counsel for EchoStar Corporation February 3, 2010 -4-


Document Created: 2010-02-03 15:48:59
Document Modified: 2010-02-03 15:48:59
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