Attachment Narrative

This document pretains to SES-STA-20130122-00079 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2013012200079_982186

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 __________________________________________ ) In the Matter of ) ) ECHOSTAR 77 CORPORATION ) File No. SES-STA-20121203-01054 ) File No. SES-STA-2012____-_____ Application for Special Temporary Authority ) Call Sign E050196 to Operate with EchoStar 8, a Mexican-Licensed ) Satellite, at 76.90° W.L. ) __________________________________________) APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY FOR BLANKET EARTH STATION EchoStar 77 Corporation (“EchoStar”) seeks renewal of a special temporary authority (“STA”) to operate its blanket earth station (Call Sign E050196) to communicate with the EchoStar 8 satellite at 76.90º W.L., where it will continue to be operated by QuetzSat, S. de R.L. de C.V. (“QuetzSat”) as a Mexican-licensed satellite. The current STA expires on January 26, 2013.1 This request is being made while EchoStar’s modification request to operate its blanket earth station (E050196) with EchoStar 8 at 76.90º W.L. remains pending before the Commission.2 I. BACKGROUND The nominal 77º W.L. orbital location is allotted to Mexico under the Region 2 Broadcasting-Satellite Service (“BSS”) plan set forth in Appendices 30 and 30A to the international Radio Regulations. As the Commission is aware, QuetzSat is an affiliate of SES 1 See Stamp Grant, File No. SES-STA-20121203-01054 (granted Dec. 28, 2012). 2 See File No. SES-MFS-20121203-01053 (filed Dec. 3, 2012).

Global Latin America, S.A. and SES S.A. (collectively, “SES”), with which EchoStar has entered into an agreement for the development of the nominal Mexican BSS location at 77° W.L. EchoStar 8 is operating as a Mexican-licensed satellite pursuant to an exchange of letters between the Commission and the Mexican Administration.3 To make room for QuetzSat-1 at 77.05º W.L., EchoStar 8 was moved within the 77º W.L. orbital cluster from 77.05º W.L. to 76.90º W.L. The satellite is operating with 0.05° stationkeeping, and thus will remain at all times within the Mexican orbital cluster. The satellite will remain subject to the same terms and conditions set forth in the exchange of letters, and will continue to operate as a Mexican-licensed satellite. EchoStar understands that the use of the EchoStar 8 satellite at the nominal 77° W.L. orbital location is directly encompassed within the authority granted in QuetzSat’s existing concession.4 II. THIS APPLICATION IS IN THE PUBLIC INTEREST AND WILL NOT CAUSE HARMFUL INTERFERENCE This STA request is in the public interest for the reasons set forth in the original STA application, which is incorporated herein by reference.5 Grant of this application will ensure the continued safe operation of EchoStar 8 at the 76.90° W.L. orbital location and will not cause harmful interference because there are no DBS orbital locations in the vicinity assigned to the United States, EchoStar leases all transponders from Telesat at 72.7º W.L., and EchoStar will 3 See Radio Authorization, File No. SAT-T/C-20090217-00026 (granted Sept. 17, 2010). 4 That concession is not limited to the operations of any particular satellite at 77° W.L. See Secretariat of Communications and Transportation Vice-Ministry of Communications, Concesion Para Ocupar La Posicion Orbital Geoestacionaria 77° Oeste Asignada al Pais y Explotar Sus Respectivas Bandas de Frecuencias 12.2-12.7 GHz y 17.3-17.8 GHz, Asi como los Derechos de Emision y Recepcion de Señales, granted February 2, 2005 (“BSS Concession”), at 4, filed in File No. SAT-STA-20080616-00121 (granted Oct. 21, 2008) (“EchoStar 8 Application”). 5 See Stamp Grant, File No. SES-STA-20121203-01054 (granted Dec. 28, 2012). -2-

continue to operate in full conformity with existing coordination agreements with the Administrations of Canada and Mexico and/or any future public or private coordination agreements. III. GRANT OF THIS APPLICATION IS CONSISTENT WITH THE COMMISSION’S DISCO II POLICIES Grant of this application is consistent with the Commission’s DISCO II policies for the reasons set forth in the original STA application.6 Under its DISCO II framework, the Commission evaluates whether the provision of service into the United States from a foreign- licensed satellite will serve the public interest. The DISCO II analysis includes consideration of a number of factors, including the effect on competition in the United States; eligibility and operating requirements; spectrum availability; and national security, law enforcement, foreign policy, and trade concerns.7 As part of this analysis, the Commission examines the “effective competitive opportunities” afforded to U.S. market access.8 The United States and Mexico have a bilateral agreement in place related to the provision of Direct-to-Home (“DTH”) service.9 Under DISCO II, such a bilateral agreement “acts as a gateway to, and a guarantee of, increased competition in the two countries at both ends of the 6 See id. 7 See DISCO II, 12 FCC Rcd. at 24107-72. 8 Id. at 24098 (“For satellites licensed by non-WTO Members and for all satellites providing Direct-to-Home (DTH), Direct Broadcasting Satellite (DBS), and Digital Audio Radio Services (DARS), we will examine whether U.S. satellites have effective competitive opportunities in the relevant foreign markets to determine whether allowing the foreign-licensed satellite to serve the United States would satisfy the competition component of the public interest analysis.”). 9 See Agreement between the Government of the United States of America and the Government of the United Mexican States Concerning the Transmission and Reception from Satellites for the Provision of Satellite Services to Users in the United States of America and the United Mexican States (Apr. 28, 1996); Article I and Protocol Concerning the Transmission and Reception of Signals from Satellites for the Provision of Direct-to-Home Satellite Services in the United States of America and the United Mexican States (Nov. 8, 1996). -3-

agreement.”10 Therefore, in cases such as this one, in which U.S. earth stations seek to communicate with a Mexican-flagged space station, the Commission assumes that the application would enhance competition and “no further market access analysis is required.”11 Finally, EchoStar has demonstrated compliance with the Commission’s eligibility and operating requirements,12 and there are new no spectrum availability, national security, law enforcement, foreign policy, or trade concerns that have arisen since the original STA application was granted that would warrant different treatment. IV. CONCLUSION For the foregoing reasons, EchoStar respectfully requests that the Commission grant its application for renewal STA to operate its blanket earth station (Call Sign E050196) to communicate with the EchoStar 8 satellite at 76.90º W.L. Respectfully submitted, EchoStar 77 Corporation _________/s/_____________________ Pantelis Michalopoulos Stephanie A. Roy Jessica I. Rothschild Steptoe & Johnson LLP 1330 Connecticut Avenue N.W. Washington, D.C. 20036 (202) 429-3000 Counsel for EchoStar 77 Corporation January 22, 2013 10 DISCO II, 12 FCC Rcd. at 24157 ¶ 143. 11 See EchoStar Satellite L.L.C., Order and Authorization, 21 FCC Rcd. 44077, 4080 ¶ 8 n.20 (2006). 12 See EchoStar 8 Application, Technical Annex and Schedule S. -4-


Document Created: 2013-01-22 17:34:12
Document Modified: 2013-01-22 17:34:12
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