**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | File Nos.                    |
|                                  | *) |                              |
| EchoStar Satellite Corporation   | ** | SAT- MOD-20030303-00024      |
|                                  |    |                              |
| Application for Minor            | *  | SAT-MOD-20030303-00025       |
| Modification of                  | *) |                              |
|                                  | ** | SAT-MOD-20030303-00026       |
| Four DBS Space Station           |    |                              |
| Authorizations                   | *  | SAT-MOD-20030303-00027       |
|                                  | *) |                              |
| To Operate on 11 Channels at     | ** | SAT-STA-20030508-00092       |
| 119° W.L.                        |    |                              |
|                                  | *  |                              |
| To Operate on 10 Channels at     | *) |                              |
| 119° W.L.                        | ** |                              |
|                                  |    |                              |
| To Operate on 28 Channels at     | *  |                              |
| 110° W.L.                        | *) |                              |
|                                  | ** |                              |
| To Operate on 1 Channel at 110°  |    |                              |
| W.L.                             | *  |                              |
|                                  | *) |                              |
| Application for Renewal of       | ** |                              |
| Special Temporary                |    |                              |
|                                  | *  |                              |
| Authority to Operate a Direct    | *) |                              |
| Broadcast                        | ** |                              |
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| Satellite at the 110° W.L.       | *  |                              |
| Orbital Location                 | *) |                              |
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+----------------------------------+----+------------------------------+

**Memorandum Opinion and Order**

**Adopted: July 21, 2003 Released: July 22, 2003**

By the Chief, Satellite Division, International Bureau:

# I. Introduction

1.  By this Order we grant EchoStar Satellite Corporation (EchoStar)
    authority to make minor modifications to its Direct Broadcast
    Satellite (DBS) constellation. Specifically, we authorize EchoStar
    to operate its EchoStar 5 satellite on its assigned channels at the
    119° W.L. orbital location, and its EchoStar 6 satellite on its
    assigned channels at the 110° W.L. orbital location. We find that
    these modifications will enable EchoStar to ensure continued quality
    DBS service to millions of consumers.

    **II. BACKGROUND**

2.  EchoStar provides DBS services to customers throughout the United
    States from four orbital locations using eight DBS satellites. The
    orbit locations include 119° W.L. and 110° W.L. Specifically,
    EchoStar has licenses to operate 21 channels at 119° W.L. and 29
    channels at 110° W.L.[^1] EchoStar was initially authorized to
    operate both the EchoStar 5 and 6 satellites at the 110° W.L.
    orbital location.[^2] While EchoStar 5 was launched and operated
    from 110° W.L. pursuant to its initial authority, EchoStar 6 was
    instead launched to the 119° W.L. orbital location pursuant to a
    grant of a modification of its authorization.[^3]

3.  Thus, until the recent grant of several Special Temporary
    Authorizations (STA), EchoStar's fleet was configured so that its
    satellites, EchoStar 5 and 8, were providing service from the 110°
    W.L. orbital location. Likewise, its satellites EchoStar 4, 6 and 7
    were providing service from the 119° W.L. orbit location. In January
    2003, the International Bureau's Satellite Division granted EchoStar
    a STA to move EchoStar 5 from 110° W.L. to 119° W.L. and operate it
    at the 119° W.L. orbital location.[^4] It subsequently granted
    EchoStar a STA to move EchoStar 6 from 119° W.L. to 110° W.L. and
    operate it at the 110° W.L. orbital location.[^5]

4.  Presently, EchoStar operates EchoStar 4, 5 and 7 at the 119° W.L.
    orbital location. At the 110° W.L. orbital location, it operates
    EchoStar 6 and EchoStar 8. In its modification application, EchoStar
    seeks permanent authority to operate the EchoStar 5 satellite over
    the channels licensed to EchoStar at 119° W.L. and to operate the
    EchoStar 6 satellite over the channels licensed to EchoStar at 110°
    W.L.

5.  In support of its modification requests, EchoStar states that it
    wants to operate EchoStar 6 on the channels licensed to it at the
    110° W.L. orbital location on a permanent basis in order to provide
    sufficient redundancy for the recently launched EchoStar 8
    satellite.[^6] EchoStar explains that as a result of a thruster
    anomaly, the EchoStar 8 spacecraft is less than optimally
    reliable.[^7] According to EchoStar, any risks associated with
    EchoStar 8's ability to provide service would be alleviated by the
    operation of EchoStar 6.[^8]

6.  As to the EchoStar 5 satellite, EchoStar states it does not need
    three satellites (EchoStar 5, 6, and 8) at the 110° W.L. orbital
    location. Rather, it seeks permanent authority to operate EchoStar 5
    on the channels licensed to it at the 119° W.L. orbital location.
    EchoStar 7 uses all 21 channels licensed to EchoStar at 119° W.L.
    using EchoStar 4 as a back up. EchoStar states that EchoStar 4,
    however, is capable of using only a limited number of frequencies
    and may have to be moved to a new orbital location.[^9] As a result,
    EchoStar proposes to operate EchoStar 5 at 119° W.L. along with
    EchoStar 7 to share the "burden of EchoStar operations."[^10]

7.  EchoStar asserts that its proposed modifications will not cause
    harmful interference to any authorized user of the spectrum.[^11] As
    EchoStar notes, EchoStar 6 had originally been licensed for the 110°
    W.L. orbital location and thus the Commission and the International
    Telecommunication Union (ITU) have already confirmed the absence of
    harmful interference for EchoStar 6 at that location.[^12]
    Similarly, EchoStar 6 was later authorized to operate from 119° W.L.
    and the relevant ITU documentation was submitted demonstrating that
    the modification would not affect any foreign administration or
    cause harmful interference to any authorized user of the spectrum.
    Consequently, EchoStar states, because EchoStar 5 is technically
    similar to EchoStar 6, the operation of EchoStar 5 at 119° W.L. is
    covered by the EchoStar 6 ITU filing and there is no need for
    further analysis.[^13] In addition, DIRECTV, the only other DBS
    licensee currently authorized to provide service from 119° W.L., has
    no objection to the relocation of EchoStar 5 to the 119° W.L.
    orbital location.[^14]

8.  Finally, EchoStar states that the requested modifications are in the
    public interest because they will ensure continued high-quality DBS
    service to millions of subscribers by increasing the efficiency of
    EchoStar's satellite fleet. EchoStar maintains that the combination
    of the EchoStar 4, 5 and 7 satellites at 119° W.L. and EchoStar 6
    and 8 at 110° W.L. is the most efficient deployment of the
    satellites at these two locations.[^15]

    **III. DISCUSSION**

9.  Upon review, we find that grant of EchoStar's request for minor
    modification will serve the public interest by ensuring DBS service
    and improving operations to millions of consumers throughout the
    continental United States, Alaska and Hawaii. The Commission has
    granted requests by satellite operators to move their satellite
    resources to their other authorized orbit locations subject to
    certain conditions, including operations consistent with any
    coordination agreements associated with the particular orbit
    location and frequency band.[^16] In addition, the operation of
    EchoStar 5 and EchoStar 6 at 119° W.L. and 110° W.L., respectively,
    does not present any significant interference issues.

10. We also note that EchoStar's license at 110° W.L. gives it the
    flexibility to operate its assigned channels, except 27, 29 and 31,
    at any location within the 109.8° W.L. and 110.2° W.L. cluster.[^17]
    EchoStar is authorized to operate channels 27, 29 and 31 only at the
    110.2° W.L. orbital location. Consequently, the operations of
    EchoStar 6 at the 110° W.L. orbital location are subject to this
    limitation. [^18]

    11\. Although we generally condition DBS authorizations on
    completing modifications to Appendices 30 and 30A of the ITU Radio
    Regulations, we find that it is not necessary to do so in this case.
    EchoStar notes, as part of its application to operate EchoStar 6 at
    119° W.L., it provided the relevant information with the parameters
    for EchoStar 6 to the Commission, which in turn forwarded the
    information to the ITU. Because EchoStar 5 is technically similar to
    EchoStar 6, and in fact has a slightly lower effective istropically
    radiated power, it is covered by the EchoStar 6 filing with the ITU.
    Likewise, EchoStar 6 was initially licensed for the 110° W.L.
    orbital location, and the ITU has already published the technical
    characteristics of EchoStar 6 for that location, thus no additional
    information or modification is required.

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IV. **CONCLUSION AND ORDERING CLAUSES**

    12\. Based on the foregoing, we find that grant of EchoStar's
    applications will serve the public interest by providing for the
    efficient use of the geostationary satellite orbit and spectrum to
    the benefit of U.S. consumers.

    13\. Accordingly, IT IS ORDERED, that the applications of EchoStar
    Satellite Corporation, File Nos., SAT-MOD-20030303-00024; 00025;
    00026 and 00027 are GRANTED.

    14\. IT IS FURTHER ORDERED, that EchoStar Satellite Corporation is
    authorized to operate EchoStar 6 on its assigned channels, except
    channels 27, 29 and 31, at any location within the 109.8° W.L. and
    110.2° W.L. cluster. EchoStar is authorized to operate channels 27,
    29 and 31 only at the 110.2° W.L. orbital location. The polarization
    used shall be in accordance with the ITU Region 2 Broadcast
    Satellite Service Plans with odd numbered channels operating with
    right-hand circular polarization and even numbered channels
    operating with left-hand circular polarization.

    15\. IT IS FURTHER ORDERED, that EchoStar Satellite Corporation
    shall coordinate all transfer orbit Telemetry, Tracking, and Control
    operations with other potentially affected in-orbit DBS or
    Fixed-Satellite Service operators.

    16\. IT IS FURTHER ORDERED, that EchoStar's application for renewal
    of its special temporary authorization to operate EchoStar 6 at the
    110° W.L. orbital location, File No. SAT-STA-20030508-00092, is
    dismissed as moot.

    17\. This Order is issued pursuant to Section 0.261 of the
    Commission's rules, 47 C.F.R. § 0.261 and is effective upon release.

    FEDERAL COMMUNICATIONS COMMISSION

    Thomas S. Tycz

    Chief

    Satellite Division

[^1]: *See* EchoStar Satellite Corporation, Assignment of Direct
    Broadcast Satellite Orbital Position and Channels, *Memorandum
    Opinion and Order*, 7 FCC Rcd 1765 (1992) (authorizing EchoStar to
    use channels 1-21 odd at 119° W.L.); DirectSat Corp. for Assignment
    of Direct Broadcast Satellite Orbital Positions and Channels,
    *Memorandum Opinion and Order*, 8 FCC Rcd 7962 (1993) (authorizing
    DirectSat, EchoStar's predecessor in interest, to use channels 2-20
    even at 119° W.L. and channel 24 at 110° W.L.); MCI
    Telecommunications Corp., and EchoStar 110° Corp., Assignee, for
    Consent to Assignment of Authorization to Construct, Launch and
    Operate a Direct Broadcast Satellite System Using 28 Frequency
    Channels at the 110° W.L. Orbital Location, *Order and
    Authorization*, 16 FCC Rcd 21608 (1999).

[^2]: MCI Telecommunications Corp., for Modification of Direct Broadcast
    Satellite Authorization, *Memorandum Opinion and Order*, 14 FCC Rcd
    9966 (1999) (*MCI Order*).

[^3]: EchoStar Satellite Corporation, Application for Authority to Make
    Minor Modifications to Direct Broadcast Satellite Authorizations,
    Launch and Operation Authority, *Memorandum Opinion and Order,* 15
    FCC Rcd 23626 (2000).

[^4]: EchoStar Satellite Corporation, Application for Special Temporary
    Authority to Move a Direct Broadcast Satellite to and Operate on the
    119° W.L. Orbital Location, File No., SAT-STA-20030225-00017,
    granted March 3, 2003 for 30 days and renewed on April 30, 2003,
    File No. SAT-STA-20030325-00017.

[^5]: EchoStar Satellite Corporation, Application for Special Temporary
    Authority to Move a Direct Broadcast Satellite to and Operate on the
    110° W.L. Orbital Location, File No. SAT-STA-20030124-0005, and
    renewed on March 12, 2003, File NO. SAT-STA-20030225-00018. EchoStar
    subsequently requested an additional STA to operate EchoStar 6 at
    the 110° W.L. orbital location. Because we grant EchoStar permanent
    authority to operate EchoStar 6 at 110° W.L. we dismiss the renewal
    request as moot.

[^6]: EchoStar Application at 4.

[^7]: EchoStar Application at 4.

[^8]: EchoStar Application at 4.

[^9]: EchoStar Application at 5. Subsequent to filing its application,
    EchoStar was authorized to move EchoStar 4 to the 157° W.L. orbital
    location. *See* EchoStar Satellite Corporation, Assignment of Direct
    Broadcast Satellite Orbital Positions and Channels, *Order*, DA
    03-1510 (rel. May 7, 2003).

[^10]: EchoStar Application at 5.

[^11]: EchoStar Application at 6.

[^12]: EchoStar Application at 6.

[^13]: EchoStar Application at 7.

[^14]: EchoStar Application, Exhibit E, Letter to David Bair from Jim
    Butterworth dated February 19, 2003.

[^15]: EchoStar Application at 6.

[^16]: *See e.g*., EchoStar Satellite Corporation Application for
    Authority to Make Minor Modification of Direct Broadcast Satellite,
    *Order and Authorization*, DA 03-1263 (rel. April 25, 2003).

[^17]: *MCI Order*, 14 FCC Rcd 9966; EchoStar Satellite Corporation,
    *Memorandum Opinion and Order*, 15 FCC Rcd 6727, 6730 (Int'l Bur.,
    Sat. & Rad. Div. 1999). In the 12.2-12.7 GHz band, the ITU Radio
    Regulations assign channels to administrations at certain orbital
    locations to provide broadcasting-satellite service (\"BSS\") to
    their countries under specified conditions. In the U.S., DBS
    operates within this BSS allocation. Each nominal orbital location
    (i.e., 110° W.L.) is subdivided into two locations, 0.2 degrees East
    and West of the nominal location (i.e., 109.8° W.L. and 110.2°
    W.L.). All orbital positions within these two locations define a
    \"cluster.\" The United States is the only administration assigned
    channels at the 110° W.L. cluster in the Region 2 BSS and Feeder
    Link Plans. *MCI Order*, 14 FCC Rcd 9967.

[^18]: DIRECTV is assigned channels 28, 30 and 32 at 109.8° W.L.
    EchoStar is assigned channels 27, 29 and 31 at 110.2° W.L. Because
    these channels are adjacent, the placement of EchoStar at 110.2°
    W.L. limits the potential for interference to and from DIRECTV.