Attachment Narrative

This document pretains to SES-STA-20110225-00204 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2011022500204_871643

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) File No. SES-STA-________-_____ ) File No. SES-STA-20110207-00120 In the Matter of ) Call Sign E050017 ) ECHOSTAR CORPORATION ) File No. SES-STA-________-_____ ) File No. SES-STA-20110207-00121 Application To Renew Special Temporary ) Call Sign E070273 Authority To Operate Three ) Transmit/Receive Earth Stations with ) File No. SES-STA-________-_____ EchoStar 6 at 76.95º W.L. ) File No. SES-STA-20110207-00122 ) Call Sign E980081 ) APPLICATION FOR SPECIAL TEMPORARY AUTHORITY1 By this Application, EchoStar Corporation (“EchoStar”)2 requests renewal of its special temporary authority (“STA”) for an additional 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 1 In conjunction with this application, EchoStar is filing an application to renew its STA to operate EchoStar 6 at 76.95º W.L. for an additional 30 days (“Satellite STA Application”). 2 On February 24, 2011, EchoStar Corporation filed an application requesting consent to the pro forma assignment of its authorization to operate the above-referenced earth stations and the associated special temporary authority to operate them with the EchoStar 6 satellite operating at 76.95 W.L. under temporary authority to EchoStar Broadcasting Corporation. File No. SES- ASG-INTR2011-00567 (filed Feb. 24, 2011). EchoStar requests that, in the event this STA request is granted prior to consummation of the pro forma assignment, that EchoStar be authorized to assign any authority granted in response to this request on a pro forma basis to EchoStar Broadcasting Corporation.

both TT&C and feeder link communications for the EchoStar 6 satellite at 76.95 W.L. The current authority expires on March 12, 2011.3 EchoStar 6 arrived at the 76.95 W.L. orbital location on February 13, 2011, and began providing service on February 14, 2011. This request is necessary to allow EchoStar to continue operating EchoStar 6 while it completes its restoration activities following the recent single event upset (“SEU”) that temporarily affected the EchoStar 8 satellite.4 As a consequence, EchoStar had to move traffic from EchoStar 8 to other satellite capacity. As noted in the original application for STA,5 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 was necessary to transfer traffic seamlessly to EchoStar 6. The requested extension is necessary to ensure the safe operation of EchoStar 6 while the testing continues. The Mexican concessionaire for the 77 W.L. orbital location informed COFETEL of the SEU, and COFETEL “expressed no objection to placement of the Echo 6 satellite in the 77 W cluster.”6 3 File Nos. SES-STA-20110207-00120; SES-STA-20110207-00121 ; SES-STA- 20110207-00122 (granted Feb. 10, 2011). 4 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). 5 File Nos. SES-STA-20110207-00120; SES-STA-20110207-00121 ; SES-STA- 20110207-00122 (granted Feb. 10, 2011). 6 See Letter from Ricardo Ríos Ferrer, Legal Representative, QuetzSat, S. de R.L. de C.V., to EchoStar Satellite Service LLC (Feb. 4, 2011), filed in File No. SAT-STA-20110207- 00026, Attachment 2. -2-

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 EchoStar’s customers, 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. Without EchoStar 6, the spare capacity available at 77º W.L. is not enough to provide full “redundancy” for EchoStar 8. EchoStar 4 has reached the end of its design life and has been retired from commercial service. 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 same reasons that the original request was granted, 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 requested renewal 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 continued 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 -3-

EchoStar 6 is operating at 76.95 W.L. in accordance with the conditions imposed on the original grant.7 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 a renewal of its special temporary authority 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. for an additional 30 days. 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, NW Washington, D.C. 20005 Washington, D.C. 20036 (202) 293-0981 (202) 429-3000 Counsel for EchoStar Corporation February 25, 2011 7 File Nos. SES-STA-20110207-00120; SES-STA-20110207-00121 ; SES-STA- 20110207-00122 (granted Feb. 10, 2011). -4-


Document Created: 2011-02-25 21:31:29
Document Modified: 2011-02-25 21:31:29
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