Attachment Narrative

This document pretains to SES-STA-20120524-00473 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2012052400473_952866

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) In the Matter of ) File No. SES-STA-20120424-00384 ) File No. SES-STA-2012__________ ECHOSTAR BROADCASTING CORPORATION ) Call Sign E010242 ) Applications for Special Temporary ) File No. SES-STA-20120424-00386 Authority to Relocate EchoStar 3 to, and ) File No. SES-STA-2012__________ Operate It as an In-Orbit Spare, at 61.8º ) Call Sign E020248 W.L. ) ) APPLICATIONS FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY1 By this Application, and pursuant to Section 25.120(b)(4) of the Commission’s rules,2 EchoStar Broadcasting Corporation (“EBC,” and collectively with its affiliates, “EchoStar”) requests renewal of its special temporary authority (“STA”) to operate two transmit/receive earth stations (Call Signs E010242 and E020248) to provide only telemetry, tracking, and control (“TT&C”) for the EchoStar 3 satellite at 61.8º W.L. for 30 days. I. BACKGROUND EchoStar is preparing to launch the EchoStar 16 satellite as early as August 2012, which will supplement the service DISH Network L.L.L. provides from 61.5º W.L. and ensure the continued full utilization of the DBS spectrum at that orbital location. In anticipation of this launch and the assumption of operations at 61.5º W.L. by EchoStar 16, EchoStar repositioned EchoStar 3 at 61.8º W.L. Operating at 61.8º W.L. as an in-orbit spare, EchoStar 3 remains in close proximity to the 61.5º W.L. nominal orbital location and available, if needed, for 1 Concurrent with this application, EchoStar is filing a 30-day renewal STA application to operate EchoStar 3 at 61.8º W.L. as an in-orbit spare. 2 See 47 C.F.R. § 25.120(b)(4).

repositioning within the orbital cluster to provide service. This renewal STA is necessary to allow the continued operation of these earth stations with EchoStar 3 while EchoStar’s applications for 180-day STA remain pending before the Commission.3 II. THIS REQUEST IS IN THE PUBLIC INTEREST AND WILL NOT CAUSE HARMFUL INTERFERENCE The requested STAs are in the public interest for the same reason EchoStar was granted STA to operate EchoStar 3 as an in-orbit spare. Moreover, grant of this application will ensure safe station-keeping margins for each of the satellites that are located at the nominal 61.5° 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 while EchoStar 3 is at 61.8º W.L. in accordance with the conditions imposed on the original STA grant.4 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 use 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 E010242 and E020248) to provide TT&C service for EchoStar 3 at 61.8º W.L. 3 See File No. SES-STA-20120424-00385 (filed Apr. 24, 2012); File No. SES-STA-20120424- 00387 (filed Apr. 24, 2012). 4 See Stamp Grant, File No. SES-STA-20120424-00384 (granted May 1, 2012); Stamp Grant, File No. SES-STA-20120424-00386 (granted May 1, 2012). 2

Respectfully submitted, ________/s/___________ Pantelis Michalopoulos Alison Minea Stephanie A. Roy Corporate Counsel Andrew W. Guhr EchoStar Broadcasting 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 Broadcasting Corporation May 24, 2012 3


Document Created: 2012-05-23 14:07:46
Document Modified: 2012-05-23 14:07:46
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