Attachment Narrative

This document pretains to SES-STA-20130514-00390 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2013051400390_996981

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) In the Matter of ) File No. SES-STA-20121113-01011 ) File No. SES-STA-2013____-_____ ECHOSTAR BROADCASTING CORPORATION ) Call Sign E010242 ) Applications for Renewal of Special ) File No. SES-STA-20121113-01010 Temporary Authority to Operate Two ) File No. SES-STA-2013____-_____ Transmit/Receive Earth Stations with ) Call Sign E020248 EchoStar 3 at 61.8º W.L. ) ) APPLICATIONS FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY By these Applications, and pursuant to Section 25.120(b)(2) of the Commission’s rules,1 EchoStar Broadcasting Corporation (“EBC,” and 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 180 days. Specifically, EchoStar requests continued authority to conduct TT&C over the following frequencies: 17301.5 MHz (command); and 12201.0 MHz, 12203.0 MHz, and 12699.0 MHz (telemetry). The current STAs for each of the earth stations to provide TT&C for EchoStar 3 at 61.8° W.L. expire on June 26, 2013.2 EchoStar launched the EchoStar 16 satellite in November 2012 to provide additional capacity for its customer, DISH Network L.L.C., at the nominal 61.5º W.L. orbital location. In anticipation of the arrival of EchoStar 16 at 61.5º W.L., and to provide adequate station-keeping 1 See 47 C.F.R. § 25.120(b)(2). 2 See Stamp Grant, File Nos. SES-STA-20121113-01011, Call Sign E010242 (granted Dec. 27, 2012); SES-STA-20121113-01010, Call Sign E020248 (granted Dec. 27, 2012).

margins for all the satellites in the 61.5° W.L. orbital cluster,3 EchoStar repositioned EchoStar 3 to 61.8º W.L. in early 2012.4 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 repositioning within the orbital cluster to provide service.5 Accordingly, grant of the requested STAs is in the public interest. I. 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 initially granted STA to operate these earth stations with EchoStar 3 at 61.8° W.L.6 Grant of this application will ensure continued safe station-keeping margins for each of the satellites that are located at the nominal 61.5° W.L. orbital location. Moreover, grant of this application will not cause harmful interference because EchoStar will conduct TT&C operations with EchoStar 3 at 61.8º W.L. in accordance with the conditions imposed on the original STA grant.7 II. 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, EchoStar hereby waives any claim to the use of any particular frequency or use 3 EchoStar 3 has been operating at 61.8° W.L. while EchoStar 12 has been operating at 61.35° W.L., EchoStar 15 at 61.65° W.L., and EchoStar 16 at 61.5° W.L. 4 Stamp Grant, File No. SAT-STA-20120424-00073, Call Sign S2741 (granted Apr. 30, 2012). 5 With the relocation of EchoStar 15 to the 45° W.L. cluster, Stamp Grant, SAT-STA-20130502- 00065, Call Sign S2811 (granted May 8, 2013), EchoStar is evaluating spare capacity requirements for the 61.5° W.L. cluster. As part of these considerations, EchoStar is considering its options for bringing EchoStar 3 back within the 61.5° W.L. orbital cluster. 6 See Stamp Grant, File Nos. SES-STA-20120424-00384, Call Sign E010242 (granted May 1, 2012); SES-STA-20120424-00386, Call Sign E020248 (granted May 1, 2012). 7 See Stamp Grant, File Nos. SES-STA-20120424-00384, Call Sign E010242 (granted May 1, 2012); SES-STA-20120424-00386, Call Sign E020248 (granted May 1, 2012). 2

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. III. CONCLUSION For the foregoing reasons, EchoStar respectfully requests the grant of its application for renewal of its 180-day special temporary authority to operate two transmit/receive earth stations (Call Signs E010242 and E020248) to provide TT&C for EchoStar 3 at 61.8º W.L. Respectfully submitted, /s/ Pantelis Michalopoulos Stephanie A. Roy Steptoe & Johnson LLP 1330 Connecticut Avenue, N.W. Washington, DC 20036 (202) 429-3000 Counsel for EchoStar Broadcasting Corporation May 14, 2013 3


Document Created: 2013-05-14 11:11:40
Document Modified: 2013-05-14 11:11:40
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