Attachment Narrative

This document pretains to SES-STA-20100203-00154 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2010020300154_799444

                                    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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