Attachment Narrative

This document pretains to SES-STA-20110207-00121 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2011020700121_867472

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) File No. SES-STA-________-_____ In the Matter of ) Call Sign E050017 ) ECHOSTAR CORPORATION ) File No. SES-STA-________-_____ ) Call Sign E070273 Application for Special Temporary Authority ) To Operate Three Transmit/Receive Earth ) File No. SES-STA-________-_____ Stations with EchoStar 6 at 76.95º W.L. ) Call Sign E980081 ) ) EXPEDITED CONSIDERATION REQUESTED APPLICATION FOR SPECIAL TEMPORARY AUTHORITY1 By this Application, EchoStar Corporation (“EchoStar”) requests special temporary authority (“STA”) for 30 days (1) to operate two transmit/receive earth stations (Call Signs E070273 and E980081) to provide only telemetry, tracking and control (“TT&C”); and (2) to operate one transmit/receive earth station (Call Sign E050017) to provide both TT&C and feeder link communications for the EchoStar 6 satellite at 76.95 W.L. The Commission has already granted EchoStar emergency STA to move the satellite from 61.65º W.L. to 76.95º W.L.2 These emergency requests are necessary to allow EchoStar to transfer traffic to EchoStar 6 while it completes its restoration activities following the recent single event upset (“SEU”) that 1 In conjunction with this application, EchoStar is filing an STA application to operate EchoStar 6 at 76.95º W.L. for 30 days (“Satellite STA Application”). 2 See Stamp Grant, File No. SAT-STA-20110204-00025 (granted Feb. 4, 2011). EchoStar also filed four applications for STA to operate four transmit/receive earth stations to provide TT&C for the satellite while it is relocated to 76.95 W.L. See Stamp Grant, File Nos. SES-STA-INTR2011-00376 (granted Feb. 4, 2011), SES-STA-INTR2011-00377 (granted Feb. 4, 2011), SES-INTR2011-00378 (granted Feb. 4, 2011), SES-STA-INTR2011-00379 (granted Feb. 4, 2011).

temporarily affected the EchoStar 8 satellite.3 As a consequence, EchoStar had to move traffic from EchoStar 8 to other satellite capacity. The problems caused by the SEU have been resolved in part, and EchoStar has started to restore traffic on EchoStar 8. EchoStar has determined, however, that additional tests of EchoStar 8’s health are necessary. To conduct these tests without disrupting service to customers, it is necessary to be able to transfer traffic seamlessly to another satellite at the same orbital location. The instant request is in response to this need. The Mexican concessionaire for the 77 W.L. orbital location has informed COFETEL of the SEU, and COFETEL “expressed no objection to placement of the Echo 6 satellite in the 77 W cluster.”4 Since the need for the EchoStar 8 tests is urgent, EchoStar respectfully requests action on this request by February 10, 2011. 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. EchoStar currently operates three Direct Broadcast Satellites (“DBS”) at the nominal 77° W.L. orbital location under Mexican authority issued to its partner, QuetzSat, S. de R.L. de C.V. (“QuetzSat”): EchoStar 1, EchoStar 4, and EchoStar 8. The satellites are used by 3 As EchoStar stated to the Commission in a letter dated February 1, 2011, EchoStar believes that the SEU, which occurred on January 30, 2011, did not cause any significant or permanent damage that will affect EchoStar 8’s future operations. See Letter from Petra A. Vorwig, Counsel for EchoStar Corporation, to Marlene H. Dortch, Secretary, FCC, filed in File No. SAT-T/C-20090217-00026 (Feb. 1, 2011). 4 See Satellite STA Application, Attachment 2, Letter from Ricardo Ríos Ferrer, Legal Representative, QuetzSat, S. de R.L. de C.V. to EchoStar Satellite Service LLC (Feb. 4, 2011). EchoStar will soon file a modification application to allow the provision of service to the United States (to the extent necessary) from EchoStar 6 located at 76.95 W.L. as a Mexican-licensed satellite. -2-

EchoStar’s customer DISH Network L.L.C. (“DISH”) and DISH Mexico to provide DBS service in the United States and Mexico, respectively. The U.S. service includes local-into-local programming in a number of markets in the southern United States. The spare capacity available at 77º W.L. is not enough to provide full “redundancy” for EchoStar 8. As the Commission is aware, EchoStar 4 recently experienced transponder anomalies, and is not currently operational.5 As for EchoStar 1, a satellite launched in December 1995, it has limited capability (only up to 16 transponders), and thus it, too, is inadequate to the task of carrying the traffic necessary during EchoStar 8’s tests. For the reasons set forth herein, grant of this Application will not cause harmful interference to any authorized user of the spectrum and will serve the public interest. II. GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST The emergency STA requested in 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 76.95 W.L. orbital location. Grant of this application will not cause harmful interference because EchoStar will operate the earth stations to conduct TT&C operations and feeder link communications while EchoStar 6 is operating at 76.95 W.L. in accordance with the following conditions: 1. Operations shall be on a non-harmful interference basis, meaning that EchoStar shall not cause interference to, and shall not claim protection from, interference caused to it by any other lawfully operating satellites operating within the parameters of applicable international coordination agreements. 5 See Confidential Letter from Pantelis Michalopoulos, Counsel for EchoStar Corporation to Stephen Duall, IB, FCC, File Nos. SAT-STA-20100920-00199, SAT-STA-20100920-00198, SAT-STA-20100920-00197 (Jan. 18, 2011). -3-

2. In the event that any harmful interference is caused while the satellite is operating at 77° W.L., EchoStar shall cease operations immediately upon notification of such interference and shall inform the Commission immediately, in writing, of such event. III. 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. IV. CONCLUSION For the foregoing reasons, EchoStar respectfully requests the grant of its application for emergency special temporary authority for 30 days to operate two transmit/receive earth stations (Call Signs E070273 and E980081) to provide TT&C service, and to operate one transmit/receive earth station (Call Sign E050017) to provide both TT&C service and feeder link communications for EchoStar 6 at 76.95° W.L. Respectfully submitted, /s/ Pantelis Michalopoulos Alison Minea Petra A. Vorwig Corporate Counsel L. Lisa Sandoval EchoStar Corporation Steptoe & Johnson LLP 1110 Vermont Avenue, NW, Suite 750 1330 Connecticut Avenue, N.W. Washington, D.C. 20005 Washington, D.C. 20036 (202) 293-0981 (202) 429-3000 Counsel for EchoStar Corporation February 7, 2011 -4-


Document Created: 2011-02-07 16:57:21
Document Modified: 2011-02-07 16:57:21
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