Attachment Narrative

This document pretains to SES-STA-20130613-00488 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2013061300488_1000790

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 File No. SES-STA-20130502-00366 In the Matter of File No. SES-STA-___________ Call Sign E070014 ECHOSTAR BROADCASTING CORPORATION File No. SES-STA-20130502-00367 File No. SES-STA-___________ Application for Renewal of 60-Day Call Sign E080007 Special Temporary Authority to Operate Five Transmit/Receive and Feeder Link File No. SES-STA-20130502-00369 Earth Stations to Communicate with the File No. SES-STA-___________ EchoStar 15 Satellite at 45.1º W.L. Call Sign E980005 File No. SES-STA-20130502-00368 File No. SES-STA-___________ Call Sign E020248 File No. SES-STA-20130502-00365 File No. SES-STA-___________ Call Sign E080120 APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY EchoStar Broadcasting Corporation (“EchoStar Broadcasting,” and with its affiliates, “EchoStar”) requests a renewal of its 60-day special temporary authority (“STA”), pursuant to Section 25.120(b)(4) of the Commission’s Rules,1 to use five of its earth stations (Call Signs E070014, E080007, E980005, E020248, and E08120) to provide telemetry, tracking, and control (“TT&C”) and feeder link services with the EchoStar 15 Broadcasting-Satellite Service (“BSS”) satellite at the nominal 45º W.L. orbital location. Specifically, EchoStar requests continued authority to conduct TT&C over the following frequencies: 17.7915 GHz and 17.7935 GHz (Earth-to-space), and 12.6920 GHz, 12.6930 GHz, 12.6945 GHz, and 12.6985 GHz (space-to- 1 47 C.F.R. § 25.120(b)(4).

Earth); and feeder link authority in the 17.3-17.8 GHz band. The current STAs expire on July 6, 2013.2 I. OVERVIEW In late 2012, the Commission authorized EchoStar to relocate EchoStar 15 to, and operate it at, 44.9º W.L.3 EchoStar was later granted STA to relocate EchoStar 15 to and operate it at 45.1° W.L.,4 and the satellite has now arrived at that location.5 EchoStar has also filed an application to modify its permanent authorization to operate EchoStar 15 at 45.1° W.L.,6 as well as corresponding applications for the earth stations referenced in this application.7 HNS Americas Comunicações Ltda. (“HNSA”), a wholly owned, indirect subsidiary of EchoStar Corporation, ESOC’s ultimate parent company, holds an authorization to provide BSS services to Brazil from the nominal 45º W.L. orbital location.8 EchoStar has coordinated with 2 Stamp Grant, File Nos. SES-STA-20130502-00366, Call Sign E070014 (granted May 8, 2013); SES-STA-20130502-00367, Call Sign E080007 (granted May 8, 2013); SES-STA-20130502- 00369, Call Sign E980005 (granted May 8, 2013); SES-STA-20130502-00368, Call Sign E020248 (granted May 8, 2013); SES-STA-20130502-00365, Call Sign E080120 (granted May 8, 2013). 3 See Stamp Grant, File No. SAT-STA-20121022-00185 (granted Nov. 19, 2012) (authorizing relocation to 44.9° W.L. pursuant to STA); Stamp Grant, File No. SAT-MOD-20120814-00130 (granted Dec. 13, 2012) (authorizing operations at 44.9° W.L.). 4 See Stamp Grant, File No. SAT-STA-20130502-00065 (granted May 8, 2013). Concurrent with this filing, EchoStar is filing an application to renew its satellite STA. 5 As the Commission is aware, EchoStar cannot operate at the 45.0º W.L. orbital location due to an existing Fixed Satellite Service space station at that location. 6 See File No. SAT-MOD-20130503-00066 (filed May 3, 2013). 7 See File Nos. SES-MFS-20130503-00359, Call Sign E070014 (filed May 3, 2013); SES-MFS- 20130503-00360, Call Sign E980005 (filed May 3, 2013); SES-MFS-20130503-00361, Call Sign E080120 (filed May 3, 2013); SES-MOD-20130503-00364, Call Sign E020248 (filed May 3, 2013); SES-MFS-20130503-00362, Call Sign E080007 (filed May 3, 2013). 8 See Exhibit 1, Term of Right of Exploration at 2 (referencing “45° W”), as filed in File Nos. SES-STA-20130502-00366, Call Sign E070014 (granted May 8, 2013); SES-STA-20130502- 00367, Call Sign E080007 (granted May 8, 2013); SES-STA-20130502-00369, Call Sign -2-

Agência Nacional de Telecomunicações (“Anatel”), which represents the administration of Brazil, on the precise location of operations within the cluster and has submitted to Anatel materials for an ITU filing for the 45.1° W.L. operations.9 II. THIS REQUEST IS IN THE PUBLIC INTEREST, IS CONSISTENT WITH PAST PRECEDENT, AND WILL NOT CAUSE HARMFUL INTERFERENCE These applications are in the public interest for the reasons set forth in the original STA grants, which are incorporated herein by reference.10 Furthermore, grant of these applications will ensure the continued safe operation of EchoStar 15 at the 45.1º W.L. orbital location. III. OPERATIONAL PARAMETERS While EchoStar 15 is stationed at the nominal 45º W.L. orbital location, EchoStar will operate the satellite in accordance with the following conditions: 1. Operations shall be on a non-harmful interference basis, meaning that EchoStar shall not cause harmful interference to, and shall not claim protection from, harmful interference caused to it by any other lawfully operating satellites operating within the parameters of applicable international coordination agreements. 2. In the event that any harmful interference is caused while the satellite is operating at the nominal 45º W.L. orbital location, EchoStar shall cease operations immediately upon notification of such interference and shall inform the Commission immediately, in writing, of such event. E980005 (granted May 8, 2013); SES-STA-20130502-00368, Call Sign E020248 (granted May 8, 2013); SES-STA-20130502-00365, Call Sign E080120 (granted May 8, 2013). 9 Grant of the requested satellite STA would be without prejudice to the Commission’s potential action on EchoStar’s outstanding application to launch and operate a Fixed Satellite Service (“FSS”) satellite at the 45.1° W.L. orbital location. See File No. SAT-LOA-20120921-00152 (filed Sept. 21, 2012). 10 Stamp Grant, File Nos. SES-STA-20130502-00366, Call Sign E070014 (granted May 8, 2013); SES-STA-20130502-00367, Call Sign E080007 (granted May 8, 2013); SES-STA- 20130502-00369, Call Sign E980005 (granted May 8, 2013); SES-STA-20130502-00368, Call Sign E020248 (granted May 8, 2013); SES-STA-20130502-00365, Call Sign E080120 (granted May 8, 2013). -3-

IV. 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 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. V. CONCLUSION For the foregoing reasons, EchoStar respectfully requests grant of a 60-day STA renewal to communicate with EchoStar 15 at the nominal 45° W.L. orbital location. 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   June 13, 2013 -4-


Document Created: 0550-04-26 00:00:00
Document Modified: 0550-04-26 00:00:00
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