Attachment STA Narrative

This document pretains to SES-STA-20100702-00878 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2010070200878_828239

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) In the Matter of ) File No. SES-STA-_____-_____ ) Call Sign E980005 ECHOSTAR CORPORATION ) ) File No. SES-STA-_____-_____ Application for Special Temporary Authority ) Call Sign E070014 to Add EchoStar 15 as a Point of ) Communication Prior to Grant of Permanent ) File No. SES-STA-_____-_____ Modification Applications ) Call Sign E080120 ) ) File No. SES-STA-_____-_____ ) Call Sign E060003 APPLICATION FOR SPECIAL TEMPORARY AUTHORITY EchoStar Corporation (“EchoStar”) respectfully requests 60-day Special Temporary Authority (“STA”), commencing on or before August 3, 2010, to add EchoStar 15 as a Point of Communication for four of its transmit/receive earth stations (Call Signs E980005, E070014, E080120, and E060003) prior to the grant of its permanent modification applications to add EchoStar 15 as a point of communication.1 Consistent with the modification application for earth station E980005, EchoStar requests authority to change one emission designator and add another for that earth station.2 EchoStar has filed an application to launch EchoStar 15 and 1 EchoStar has filed applications to add EchoStar 15 as a point of communication for the four satellites. See File No. SES-MFS-20100622-00742 (Call Sign E060003) (filed June 22, 2010); File No. SES-MFS-20100622-00743 (Call Sign E080120) (filed June 22, 2010); File No. SES-MFS-20100622-00744 (Call Sign E070014) (filed June 22, 2010); File No. SES-MFS- 20100622-00745 (Call Sign E980005) (filed June 22, 2010). These applications are hereby incorporated by reference. 2 File No. SES-MFS-20100622-00745 (Call Sign E980005) (filed June 22, 2010). The emission designator 24M0M1F would be changed to 24M0G1W. The emission designator 1M00G2D for telecommand over the 17790.0 - 17800.0 MHz frequency band, would be added with a maximum EIRP/carrier of 35.8 dBW and maximum EIRP Density of 49.6 dBW/4kHz. This is within the parameters of the existing frequency coordination.

operate it at the 61.5° W.L. nominal orbital location (specifically 61.55° W.L.).3 Testing for EchoStar 15 is scheduled be completed by August 3, 2010, and EchoStar expects to begin operations on that date. Consequently, EchoStar requests action on this request by that date. I. GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST The Commission has a long-standing policy of granting Special Temporary Authority where such authorization will not cause harmful interference and will serve the public interest, convenience, and necessity.4 The requested operations meet both of these tests. On March 10, 2010, EchoStar filed an application for a minor modification of its DBS authorization, and authority to launch and operate its EchoStar 15 satellite at 61.55º W.L.5 As explained in the EchoStar 15 Application,6 EchoStar 15 will ultimately replace EchoStar 3 and supplement EchoStar 12, which both currently operate at the nominal 61.5º 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 15 serve the public interest. The requested earth station STA will ensure EchoStar is able to begin operating EchoStar 15 in a seamless manner, avoiding any possible disruption to consumers as programming is transferred to the EchoStar 15 satellite. 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 3 File No. SAT-LOA-20100310-00043, Call Sign S2811 (filed March 10, 2010; granted July 1, 2010) (“EchoStar 15 Application”). 4 See, e.g., Newcomb Communications, Inc., Order and Authorization, 8 FCC Rcd. 3631, 3633 (1993); Columbia Communications Corp., Order, 11 FCC Rcd. 8639, 8640 (1996); American Telephone & Telegraph Co., Order, 8 FCC Rcd. 8742 (1993). 5 See EchoStar 15 Application. 6 See EchoStar 15 Application at 1-2. 2

electromagnetic spectrum because of the previous use of the same, whether by license or otherwise. III. CONCLUSION For the foregoing reasons, EchoStar respectfully requests the expeditious grant of a 60- day STA, commencing on or before August 3, 2010, to EchoStar 15 as a point of communication for four of its transmit/receive earth stations (Call Signs E980005, E070014, E080120, and E060003) prior to grant of its permanent modification applications for those earth stations. While EchoStar is operating the earth stations under STA, EchoStar will operate its earth stations subject to the following conditions: 1. No harmful interference will be caused to any lawfully operating satellite network or radio communication system, and EchoStar’s operations will cease immediately upon notification of harmful interference. Furthermore, EchoStar shall notify the Commission immediately, in writing, of such an event. 2. EchoStar will accept interference from any lawfully operating satellite network or radio communication system. Respectfully submitted, EchoStar Corporation _________/s/_____________________ Pantelis Michalopoulos Alison Minea Christopher R. Bjornson Corporate Counsel Andrew W. Guhr EchoStar Corporation Steptoe & Johnson LLP 1110 Vermont Avenue NW, Suite 750 1330 Connecticut Avenue N.W. Washington, DC 20005 Washington, D.C. 20036 (202) 293-1216 (202) 429-3000 Counsel for EchoStar Corporation July 2, 2010 3


Document Created: 2010-07-02 17:29:37
Document Modified: 2010-07-02 17:29:37
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