Attachment Narrative

This document pretains to SES-STA-20130123-00085 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2013012300085_982378

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) File No. SES-STA-20121203-01056 ) File No. SES-STA-2012____-_____ In the Matter of ) Call Sign E080120 ) ECHOSTAR BROADCASTING CORPORATION ) File No. SES-STA-20121203-01055 ) File No. SES-STA-2012____-_____ Applications for Renewal of Special ) Call Sign E020306 Temporary Authority to Operate Three ) Transmit/Receive Earth Stations with ) File No. SES-STA-20121203-01059 EchoStar 6 at 76.80º W.L. ) File No. SES-STA-2012____-_____ ) Call Sign E070273 ) APPLICATIONS 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 a 30-day special temporary authority (“STA”) to operate three transmit/receive earth stations (Call Signs E080120, E020306, and E070273) to provide telemetry, tracking, and control (“TT&C”) to the EchoStar 6 satellite at 76.80° W.L. The current STAs expire on January 26, 2013.2 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 four Direct Broadcast Satellites (“DBS”) at the 1 See 47 C.F.R. § 25.120(b)(4). 2 See Stamp Grant, File Nos. SES-STA-20121203-01056, Call Sign E080120 (granted Dec. 28, 2012); SES-STA-20121203-01055, Call Sign E020306 (granted Dec. 28, 2012); SES-STA- 20121203-01059, Call Sign E070273 (granted Dec. 28, 2012).

nominal 77° W.L. orbital location under Mexican authority issued to EBC’s partner, QuetzSat, S. de R.L. de C.V. (“QuetzSat”): EchoStar 1 (77.15º W.L.), EchoStar 6 (76.80º W.L.), EchoStar 8 (76.90º W.L.), and QuetzSat-1 (77.05º W.L.). EchoStar 8 is used by EchoStar’s customers, DISH Network L.L.C. (“DISH”) and DISH Mexico, to provide DBS service in the United States and Mexico, and EchoStar 6 and EchoStar 1 provide backup to the United States and Mexico services, respectively. QuetzSat-1 is currently undergoing in-orbit testing.3 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 the nominal 77° W.L. orbital location, provides sufficient capacity to avoid service disruptions from that slot in the event any of the satellites experience a problem. EchoStar relocated EchoStar 6 to the nominal 77° W.L. orbital location in February 20114—a move prompted by a single event upset that temporarily affected the EchoStar 8 satellite.5 On March 14, 2011, EchoStar filed an application to transfer EchoStar 6 to QuetzSat, intending to operate the satellite under Mexican authority from the nominal 77° W.L. orbital location.6 EchoStar also filed an application (“Blanket Earth Station Application”) to modify its 3 See Narrative, File No. SES-MFS-20121128-01044 (granted Jan. 16, 2013). 4 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). 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). 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). -2-

blanket earth station authorization to receive service from the Mexican-licensed EchoStar 6 satellite.7 After consulting with the Commission, EchoStar concluded that the reflagging was no longer necessary and withdrew its reflagging application.8 Instead, EchoStar 6 currently operates at 76.80º W.L. pursuant to a 180-day STA.9 The Mexican concessionaire for the 77° W.L. orbital location has informed COFETEL of this plan, and EchoStar understands that COFETEL has no objection to the continued operations of the EchoStar 6 satellite in the 77º W.L. cluster under Commission authority. II. GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST These applications are 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 these applications will ensure the continued safe operation of EchoStar 6 at the nominal 77° W.L. orbital location. 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 (filed Mar. 14, 2011) (requesting modifications to the referenced earth station licenses). These applications were filed subject to the then-pending 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). 8 See File No. SES-STA-20120924-00153 (filed Sept. 24, 2012). 9 See Stamp Grant, File No. SAT-STA-20121203-00207 (granted Jan. 17, 2013). 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-

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 special temporary authority to operate three transmit/receive earth stations (Call Signs E080120, E020306, and E070273) to provide TT&C service for EchoStar 6 at 76.80° W.L. Respectfully submitted, /s/ Pantelis Michalopoulos Stephanie A. Roy Jessica I. Rothschild Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, D.C. 20036 (202) 429-3000 Counsel for EchoStar Broadcasting Corporation January 23, 2013 -4-


Document Created: 2013-01-23 16:22:25
Document Modified: 2013-01-23 16:22:25
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