DA 05- 1405

May 19, 2005

+-----------------------------------+-----------------------------------+
| David K. Moskowitz, Esq.          |                                   |
|                                   |                                   |
| Executive Vice President &        |                                   |
| General Counsel                   |                                   |
|                                   |                                   |
| EchoStar Satellite L.L.C.         |                                   |
|                                   |                                   |
| 9601 South Meridian Boulevard     |                                   |
|                                   |                                   |
| Englewood, CO 80112               |                                   |
+-----------------------------------+-----------------------------------+

> Re: EchoStar Satellite L.L.C.: Notice of Modification of DBS Space
> Station Authorization for the 61.5° W.L. Orbital Location, IBFS File
> No. SAT-MOD-20050421-00087; Request for Special Temporary Authority,
> IBFS File No. SAT-STA-20050421-00088.

Dear Mr. Moskowitz:

On April 21, 2005, EchoStar Satellite L.L.C. (EchoStar) filed a
modification application pursuant to our streamlined fleet management
procedures requesting authority to relocate its Direct Broadcast
Satellite (DBS) satellite EchoStar 4 from the 157° W.L. orbit location
to the 61.5° W.L. orbit location.[^1] It also filed a request for
special temporary authority (STA) to relocate EchoStar 4 from 157° W.L.
to 61.5° W.L. (61.5° STA). [^2] For the reasons set forth below, we deny
the 61.5° Fleet Management Modification and deny the 61.5° STA Request.

In its 61.5° Fleet Management Modification, EchoStar notes that it has
two pending STA requests to relocate the EchoStar 4 satellite. One
requests an STA to relocate EchoStar 4 to the 77° W.L. orbit location
for 180 days (77° STA).[^3] The other requests an STA to move EchoStar 4
to 61.5° W.L. pending Commission action on the 77° STA Request.
Ultimately, EchoStar states it intends to operate the EchoStar 4
satellite at the 77° W.L. orbit location under a Mexican Broadcast
Satellite Service (BSS) authorization granted to QuetzSat, an entity
licensed by the Secretariat of Communications and Transportation of the
United Mexican States. EchoStar states that EchoStar 4 must be at the
77° W.L. orbit location by July 1, 2005 to satisfy the International
Telecommunication Union's (ITU) bringing-into-use date for the Mexican
authorization.[^4]

The Commission adopted fleet management procedures to streamline the
processing of satellite fleet management modifications.[^5] The
procedures adopted under Section 25.118(e) of the Commission's rules
allow satellite operators to rearrange satellites in their fleets among
their assigned orbital locations to reflect business and customer
considerations where no other public interest factors are adversely
affected.[^6] Accordingly, a space station operator may modify its
license to this end without prior authorization, but upon 30 days notice
to the Commission and any potentially affected licensed spectrum
user.[^7] To ensure that the streamlined procedure is used only in the
appropriate circumstances, the Commission requires operators to certify
that it meets nine specific requirements.[^8]

In its 61.5° Fleet Management Modification, EchoStar included these
certifications. EchoStar, however, also states that if we grant its 77°
STA Request prior to EchoStar 4 satellite's arrival at the 61.5° W.L.
orbit location, EchoStar "would immediately redirect the satellite to
77° W.L. and forgo the fleet management maneuver."[^9] We find that this
statement contradicts its fleet management certifications, and brings
the application outside the scope of Section 25.118(e). Specifically,
the statement that it will "forgo the fleet management maneuver"
contrasts with its certifications that it "*will* relocate EchoStar 4"
to 61.5° W.L. and that it "*will* limit operation of the space station
to Tracking, Telemetry, and Control" functions during the
relocation.[^10] In sum, EchoStar is using the 61.5° Fleet Management
Modification as a mechanism to allow it to begin to drift EchoStar 4
toward 77° W.L., an unauthorized location, prior to the Commission's
consideration of the 77° STA Request and the opportunity for public
comment. This modification is inconsistent with the rationale underlying
the Commission's fleet management procedures. We therefore deny the
modification.

We also find that EchoStar has not justified a grant of special
temporary authority to relocate EchoStar 4 to 61.5° W.L. The
Communications Act authorizes the Commission to grant temporary
authority in extraordinary circumstances where such temporary operations
are in the public interest and where delay in operation would prejudice
the public interest.[^11] Similarly, the Commission\'s rules governing
satellite facilities permit grants of special temporary authority, for a
period not to exceed 180 days, under extraordinary circumstances.[^12] A
request for special temporary authority must contain the full
particulars of the proposed operation, including all facts sufficient to
justify the temporary authority sought and the public interest therein.
When determining whether to grant an STA, \"convenience to the
applicant, such as marketing considerations or meeting scheduled
customer in-service dates, will not be deemed sufficient for this
purpose.\"[^13]

EchoStar's 61.5° STA request notes that it has filed the 61.5° Fleet
Management Modification, but claims that grant of the STA will permit
EchoStar "more quickly" to place EchoStar 4 in a "position closer to 77°
W.L."[^14] It also states that the timely relocation and operation of
EchoStar 4 to the 77° W.L. orbit location prior to July 1, 2005 will
help facilitate the bringing-into-use of the Mexican authorization.[^15]
These do not constitute extraordinary circumstances, but rather are for
the convenience of EchoStar in moving the satellite to the 77° W.L.
orbit location. In addition, the Commission has indicated that
preserving ITU date priority is not a public interest factor that it
will consider when evaluating applications.[^16] Accordingly, we deny
EchoStar's STA request to move EchoStar 4 to 61.5° W.L.

Please contact Alyssa Roberts of my staff, (202) 418-7276 or
<Alyssa.Roberts@fcc.gov>, if you have any questions.

Sincerely,

Thomas S. Tycz

Chief, Satellite Division

International Bureau

cc: Pantelis Michalopoulos

Philip L. Malet

Steptoe & Johnson, LLP

1330 Connecticut Avenue, N.W.

Washington, DC 20036

[^1]: EchoStar Satellite L.L.C., IBFS File No. SAT-MOD-20050421-00087
    ("*61.5° Fleet Management Modification"*)*.*

[^2]: EchoStar Satellite LLC, IBFS File No. SAT-STA-20050421-00088
    (*61.5° STA Request*). EchoStar requests the STA for 30 days, which
    does not require a public notice. 47 C.F.R. § 25.120(b)(4).

[^3]: EchoStar Satellite L.L.C., IBFS File No. SAT-STA-20050321-00068
    (*77° STA Request*). This application was placed on Public Notice on
    April 22, 2005. *See* Public Notice, Policy Branch Information,
    Report No. SAT-00286 (April 22, 2005).

[^4]: *61.5° STA Request* at 2.

[^5]: Amendment of the Commission's Space Station Licensing Rules and
    Policies, *Second Report and Order*, 18 FCC Rcd 12507, ¶ 7 (*Fleet
    Management Order*).

[^6]: *Fleet Management Order* at ¶ 7.

[^7]: *Fleet Management Order* at ¶ 9.

[^8]: 47 C.F.R. § 25.118(e)(1)-(9).

[^9]: *61.5° Fleet Management Modification* at 2.

[^10]: *61.5° Fleet Management Modification* at 3, 4.

[^11]: 47 U.S.C. § 309(f).

[^12]: 47 C.F.R. § 25.120.

[^13]: 47 C.F.R. § 25.120.

[^14]: *61.5° STA Request* at 2.

[^15]: *Id.*

[^16]: *See* VisionStar Incorporated, *Memorandum Opinion and Order*, 19
    FCC Rcd 14820, 14824 (Int'l Bur. 2004).