Attachment Narrative

This document pretains to SES-STA-20110401-00398 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2011040100398_880039

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) File No. SES-STA-________-_____ ) File No. SES-STA-20110225-00205 In the Matter of ) File No. SES-STA-20110207-00120 ) Call Sign E050017 ECHOSTAR CORPORATION ) ) File No. SES-STA-________-_____ Application To Renew Special Temporary ) File No. SES-STA-20110225-00203 Authority To Operate Three ) File No. SES-STA-20110207-00121 Transmit/Receive Earth Stations with ) Call Sign E070273 EchoStar 6 at 76.95º W.L. ) ) File No. SES-STA-________-_____ ) File No. SES-STA-20110225-00204 ) 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 60 days3 (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 60 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. 3 See 47 C.F.R. §25.120(b)(3).

both TT&C and feeder link communications for the EchoStar 6 satellite at 76.95 W.L. The current authority expires on April 10, 2011.4 EchoStar 6 arrived at the 76.95 W.L. orbital location on February 13, 2011, and began providing service on February 14, 2011. The relocation was prompted by a single event upset (“SEU”) that temporarily affected the EchoStar 8 satellite.5 On March 14, 2011, EchoStar filed an application to transfer the satellite to QuetzSat, S. de R.L. de C.V. (“QuetzSat”), which will operate the satellite under Mexican authority from the 76.95 W.L. orbital location.6 EchoStar also filed an application to modify its blanket earth station authorization to provide service from the Mexican-licensed EchoStar 6 satellite.7 This request is necessary to allow EchoStar to continue operating EchoStar 6 while these applications remain pending. The Mexican concessionaire for the 77 W.L. orbital location informed COFETEL of EchoStar 6’s relocation, and COFETEL “expressed no objection to placement of the Echo 6 satellite in the 77 W cluster.”8 4 File Nos. File No. SES-STA-20110225-00205; File No. SES-STA-20110225-00203; File No. SES-STA-20110225-00204 (granted Mar. 2, 2011). 5 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). 6 See File No. SAT-T/C-20110314-00054 (filed Mar. 14, 2011). 7 See File No. SES-MFS-20110314-00288 (filed Mar. 14, 2011) (“Blanket Earth Station Application”). See also File Nos. SES-MFS-20110314-00291, SES-MFS-20110314-00290, SES-MFS-20110314-00289 (modifying the above referenced earth station licenses). 8 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. In addition to the EchoStar 6 satellite, 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. EchoStar 6, operating with EchoStar 1 and EchoStar 8 at 77 W.L., will provide sufficient capacity to avoid service disruptions from that slot in the event any of the satellites experience a problem. EchoStar 1, a satellite launched in December 1995, has limited capability (only up to 16 transponders), and EchoStar 4, having reached the end of its design life, has been retired from commercial service. 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 and the Blanket Earth Station 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 -3-

feeder link communications while EchoStar 6 is operating at 76.95 W.L. in accordance with the conditions imposed on the original grant.9 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 60 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 April 1, 2011 9 File Nos. SES-STA-20110207-00120; SES-STA-20110207-00121 ; SES-STA- 20110207-00122 (granted Feb. 10, 2011). -4-


Document Created: 2011-04-01 17:45:09
Document Modified: 2011-04-01 17:45:09
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