Attachment Narrative

This document pretains to SES-STA-20130305-00239 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2013030500239_988151

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) File No. SES-STA-20130123-00086 ) File No. SES-STA-2013____-_____ In the Matter of ) Call Sign E080120 ) ECHOSTAR BROADCASTING CORPORATION ) File No. SES-STA-20130123-00085 ) File No. SES-STA-2013____-_____ Applications for Renewal of Special ) Call Sign E020306 Temporary Authority to Operate Three ) Transmit/Receive Earth Stations with ) File No. SES-STA-20130123-00084 EchoStar 6 at 76.80º W.L. ) File No. SES-STA-2013____-_____ ) 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 March 8, 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-20130123-00086, Call Sign E080120 (granted Feb. 6, 2013); SES-STA-20130123-00085, Call Sign E020306 (granted Feb. 6, 2013); SES-STA- 20130123-00084, Call Sign E070273 (granted Feb. 6, 2013).

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.). With the launch and drift of QuetzSat-1 to the 77° W.L. orbital location, where it has been put into operation, EchoStar 6 has become available for other uses in the EchoStar satellite fleet; applications to relocate EchoStar 6 to 96.2º W.L. are currently pending before the Commission.3 EchoStar 1 continues to provide backup capacity for the orbital cluster, while QuetzSat-1 and EchoStar 8 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. The U.S. service includes local-into-local programming in a number of markets in the southern United States. 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, 3 EchoStar has applied for STA and a modification of authority to relocate EchoStar 6 from the 77º W.L. nominal orbital location and operate it at 96.2º W.L. See File Nos. SAT-STA- 20130220-00023 (filed Feb. 20, 2013) (requesting STA beginning on or before March 12, 2013); SAT-MOD-20130227-00026 (filed Feb. 27, 2013). EchoStar has also applied for STA to operate the three earth stations that are the subject of this application to provide the necessary telemetry, tracking, and control (“TT&C”) and feeder-link services to EchoStar 6 during its relocation to, and operation at, 96.2º W.L. See File Nos. SES-STA-20130222-00207, Call Sign E080120 (filed Feb. 22, 2013); SES-STA-20130222-00206, Call Sign E020306 (filed Feb. 22, 2013); SES-STA-20130222-00208, Call Sign E070273 (filed Feb. 22, 2013). However, as all of these applications are still pending, EchoStar is applying to renew the existing STA for these earth stations to operate with EchoStar 6 at 76.80º W.L. 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). -2-

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 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 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). 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-

reference. Furthermore, grant of these applications will ensure the continued safe operation of EchoStar 6 at the nominal 77° W.L. orbital location. 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 Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, D.C. 20036 (202) 429-3000 Counsel for EchoStar Broadcasting Corporation March 5, 2013 -4-


Document Created: 2013-03-05 17:28:51
Document Modified: 2013-03-05 17:28:51
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