Attachment Narrative

This document pretains to SES-STA-20100219-00220 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2010021900220_802257

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


                                            )     File No. SAT-STA-20100219-_____
                                            )     Call Sign E990309
                                            )
                                            )     File No. SAT-STA-20100219-_____
                                            )     Call Sign E990310
                                            )
                                            )     File No. SAT-STA-20100219-_____
                                            )     Call Sign E010241
                                            )
                                            )     File No. SAT-STA-20100219-_____
In the Matter of                            )     Call Sign E080213
                                            )
ECHOSTAR CORPORATION                        )     File No. SAT-STA-20100219-_____
                                            )     Call Sign E080214
Application for Special Temporary Authority )
to Operate Its Transmit/Receive Earth       )     File No. SAT-STA-20100219-_____
Stations with the EchoStar 14 Satellite at  )     Call Sign E080215
118.9° W.L.                                 )
                                            )     File No. SAT-STA-20100219-_____
                                            )     Call Sign E080216
                                            )
                                            )     File No. SAT-STA-20100219-_____
                                            )     Call Sign E980005
                                            )
                                            )     File No. SAT-STA-20100219-_____
                                            )     Call Sign E070014
                                            )

              APPLICATION FOR SPECIAL TEMPORARY AUTHORITY


       EchoStar Corporation (“EchoStar”) respectfully requests 60-day Special Temporary

Authority (“STA”), beginning on May 1, 2010, to operate its transmit/receive earth stations with

the EchoStar 14 satellite at 118.9 W.L. on the 21 Direct Broadcast Satellite (“DBS”) channels

that are already licensed to EchoStar’s sister company, DISH Operating L.L.C. (“DISH”), at the

119º W.L. nominal orbital location. Along with this application, DISH is filing (1) an


application for 60-day STA to operate EchoStar 14 at 118.9 W.L.; and (2) an application for 60-

day STA to launch and test EchoStar 14 at 138.5 W.L. and to relocate the satellite to 118.9

W.L. once testing is complete.1


I.     GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST

       On May 18, 2009, DISH filed an application for a minor modification of its DBS

authorization, and authority to launch and operate its EchoStar 14 satellite at 118.9º W.L. 2 On

February 12, 2010, DISH filed a minor amendment to update the predicted cross-polar isolation

values provided in the EchoStar 14 Application as a result of the tests recently conducted by the

satellite manufacturer.3 EchoStar 14 will allow DISH to improve and expand its services from

the 119º W.L. orbital location. For the same reasons described in that application and

incorporated herein by reference, so too will the requested STA to operate its transmit/receive

earth stations with EchoStar 14 serve the public interest. The “CONUS-plus” capability of

EchoStar 14 will increase DISH’s capacity to provide High Definition programming to

subscribers, and its advanced spot-beam technology will enhance DISH’s ability to provide

local-into-local stations across the country. The requested STA will ensure DISH is able to bring

the technically advanced satellite into service as soon as possible to improve the services

available to its customers.


       1
          DISH is filing simultaneously with this application a request for STA to relocate
EchoStar 7 to 118.8 W.L. File No. SAT-STA-20100219-_____. Action on this request would
be necessary only if the Commission has not acted on the modification applications previously
filed for these call signs by May 1, 2010.
       2
        See File No. SAT-LOA-20090518-00053, Call Sign S2790 (filed May 18, 2009);
amended by File No. SAT-AMD-20090604-00064 (filed June 4, 2009) (“EchoStar 14
Application”).
       3
           See SAT-AMD-20100212-00027 (filed Feb. 12, 2010) (“Amendment Application”).



                                               -2-


       The proposed operations will not increase interference into any other operator because

the only satellite operating at the 119° W.L. orbital location that may be affected is DISH’s own

EchoStar 7 satellite as demonstrated in the Technical Narratives submitted with the EchoStar 14

Application and the Amendment Application.


II.    SECTION 304 WAIVER

       In accordance with Section 304 of the Communications Act of 1934, 47 U.S.C. § 304,

EchoStar hereby waives any claim to the use of any particular frequency or of the

electromagnetic spectrum because of the previous use of the same, whether by license or

otherwise.


III.   CONCLUSION

       For the foregoing reasons, EchoStar respectfully requests that the Commission grant

special temporary authority to operate its transmit/receive earth stations with the EchoStar 14

satellite at 118.9 º W.L. While EchoStar 14 is operating at 118.9 W.L., EchoStar will operate

its earth stations according to the following conditions:


1. All operations at 118.9 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.

2. In the event that any harmful interference is caused while the satellite is operating at 118.9
   W.L., EchoStar shall cease operations immediately upon notification of such interference and
   shall inform the Commission, in writing, of such event.




                                                -3-


                                   Respectfully submitted,

                                   EchoStar Corporation


                                   _________/s/_____________________
Pantelis Michalopoulos             Linda Kinney
Petra A. Vorwig                    Vice President, Law and Regulation
L. Lisa Sandoval                   EchoStar Corporation
Steptoe & Johnson LLP              1110 Vermont Avenue NW, Suite 750
1330 Connecticut Avenue N.W.       Washington, DC 20005
Washington, D.C. 20036             (202) 293-0981
(202) 429-3000
Counsel for EchoStar Corporation


February 19, 2010




                                    -4-



Document Created: 2010-02-19 18:23:52
Document Modified: 2010-02-19 18:23:52

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