Attachment Narrative

This document pretains to SES-STA-20111215-01458 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2011121501458_929945

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


                                                )
                                                )   File No. SES-STA-20111004-01172
                                                )   File No. SES-STA-20111109-01347
In the Matter of                                )   File No. SES-STA-________-_____
                                                )   Call Sign E050017
ECHOSTAR BROADCASTING CORPORATION               )
                                                )   File No. SES-STA-20111004-01174
Application for Renewal of Special              )   File No. SES-STA-20111109-01348
Temporary Authority to Operate Three            )   File No. SES-STA-________-_____
Transmit/Receive Earth Stations with            )   Call Sign E070273
EchoStar 6 at 76.95º W.L.                       )
                                                )   File No. SES-STA-20111004-01173
                                                )   File No. SES-STA-20111109-01346
                                                )   File No. SES-STA-________-_____
                                                )   Call Sign E980081


      APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY

       By this Application, and pursuant to Section 25.120(b)(4) of the Commission’s rules,1

EchoStar Broadcasting Corporation (“EBC” and collectively with its affiliates, “EchoStar”)

requests renewal of its special temporary authority (“STA”) to operate three earth stations with

the EchoStar 6 satellite at 76.95 W.L. for 30 days as follows: (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. The current STAs for each of the earth stations

expire on December 23, 2011,2 December 20, 2011,3 and December 20, 2011,4 respectively.


       1
           See 47 C.F.R. § 25.120(b)(4).
       2
        See Stamp Grant, File No. SES-STA-20111109-01348, Call Sign E070273 (granted
Nov. 22, 2011).


       EchoStar 6 arrived at the 76.95 W.L. orbital location on February 13, 2011 and began

providing service on February 14, 2011.5 The relocation was prompted by a single event upset

(“SEU”) that temporarily affected the EchoStar 8 satellite.6 On March 14, 2011, EchoStar filed

an application to transfer EchoStar 6 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.7 EchoStar

also filed an application (“Blanket Earth Station Application”) to modify its blanket earth station

authorization to provide service from the Mexican-licensed EchoStar 6 satellite.8 This renewal

STA request is necessary to allow the continued operation of EchoStar 6 while these applications

remain pending.9


       3
         See Stamp Grant, File No. File No. SES-STA-20111109-01346, Call Sign E980081
(granted Nov. 18, 2011).
       4
        See Stamp Grant, File No. SES-STA-20111109-01347, Call Sign E050017 (granted
Nov. 18, 2011).
       5
        See Stamp Grant, File Nos. SAT-STA-20110207-00026 (granted Feb. 11, 2011); SAT-
STA-20110225-00036 (granted Mar. 1, 2011); SAT-STA-20110401-00067 (granted Apr. 7,
2011); SAT-STA-20110608-00104 (granted June 14, 2011).
       6
         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).
       7
         See File No. SAT-T/C-20110314-00054 (filed Mar. 14, 2011). That application was
filed subject to the then-pending pro forma assignment of the satellite to EchoStar Satellite
Operating Corporation. See File No. SAT-ASG-20110224-00033 (granted Apr. 21, 2011).
       8
          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 (filed Mar. 14, 2011) (requesting modifications to the referenced earth
station licenses). These applications were filed subject to the proposed pro forma assignment of
the earth station licenses to EBC. These pro forma assignments were consummated on May 26,
2011. See Letter from Pantelis Michalopoulos, Counsel for EchoStar Corporation and EchoStar
Broadcasting Corporation, to Marlene H. Dortch, Secretary, FCC, File Nos. SES-ASG-
20110228-00561, SES-ASG-20110228-00562, SES-ASG-20110228-00554 (June 3, 2011).
       9
           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.” See Letter from Ricardo Ríos Ferrer, Legal Representative,



                                               -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, two other EchoStar Direct Broadcast

Satellites (“DBS”) currently operate at the nominal 77° W.L. orbital location under Mexican

authority issued to EBC’s partner, QuetzSat: EchoStar 1 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., provides 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).

II.    GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST

       This STA request is in the public interest for the reasons set forth in the Satellite STA

Application10 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 EBC will operate the earth stations to conduct TT&C operations and feeder




QuetzSat, S. de R.L. de C.V., to EchoStar Satellite Services LLC (Feb. 4, 2011), File No. SAT-
STA-20110207-00026, Attachment 2.
       10
         See Stamp Grant, File No. SAT-STA-20110525-00098 (granted May 27, 2011)
(granting EBC’s sister company, EchoStar Satellite Operating Corporation, STA to operate the
EchoStar 6 satellite at 76.95º W.L.) (“Satellite STA Application”).




                                                -3-


link communications while EchoStar 6 is operating at 76.95 W.L. in accordance with the

conditions imposed on the original STA grant.11

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, EBC 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, EBC respectfully requests the grant of its application for

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.


                                              Respectfully submitted,



                                                       /s/
Pantelis Michalopoulos                         Alison Minea
Stephanie A. RoySteptoe & Johnson LLP          Corporate Counsel
1330 Connecticut Avenue, NW                    EchoStar Broadcasting Corporation
Washington, D.C. 20036                         1110 Vermont Avenue, NW, Suite 750
(202) 429-3000                                 Washington, D.C. 20005
Counsel for EchoStar Broadcasting              (202) 293-0981
Corporation


December 15, 2011

       11
       See Stamp Grant, File Nos. SES-STA-20110207-00120; SES-STA-20110207-00121;
SES-STA-20110207-00122 (granted Feb. 10, 2011).



                                               -4-



Document Created: 2011-12-15 17:07:34
Document Modified: 2011-12-15 17:07:34

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