Attachment Exhibit 1 Narrative

This document pretains to SES-MFS-20150911-00572 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2015091100572_1102275

EXHIBIT 1 DESCRIPTION OF PROPOSED MODIFICATION (Response to Question 43, FCC Form 312) Pursuant to Section 25.117 of the Commission’s rules, 1 EchoStar Satellite Operating Corporation and EchoStar Broadcasting Corporation (together with their affiliates, “EchoStar”) request license modifications to: (i) permit the operations of the EchoStar 15 satellite (Call Sign S2811) as an in-orbit spare at the 72.6º W.L. orbital location; and (ii) add EchoStar 15 at 72.6º W.L. (and delete EchoStar 15 at 45.1º W.L.) as a point of communication for telemetry, tracking, and control (“TT&C”) operations with earth stations in Cheyenne, Wyoming and Gilbert, Arizona (Call Signs E080007 and E080120). 2 The proposed modifications will allow EchoStar 15 to serve as an in-orbit spare at 72.6º W.L. in order to provide back-up capacity for DISH Network, L.L.C. (“DISH”). EchoStar 15 will operate at 72.6º W.L. in accordance with the Canadian filings with the International Telecommunication Union for the CAN- BSS3 TTAC network. The attached Schedule S and Technical Annex contain the technical and orbital debris mitigation information required under Section 25.114 of the Commission’s rules. 3 I. BACKGROUND HNS Americas Comunicações Ltda. (“HNSA”), a wholly owned, indirect subsidiary of EchoStar Corporation, holds an authorization to provide Broadcast Satellite Service (“BSS”) to 1 See 47 C.F.R. § 25.117. 2 On September 10, 2015, EchoStar filed related applications for special temporary authority to move and operate EchoStar 15 as an in-orbit spare at 72.6º W.L., and to conduct associated TT&C earth station operations. See , e.g., IBFS File Nos. SAT-STA-20150910-00062. 3 See 47 C.F.R. § 25.114. 1

Brazil from the nominal 45º W.L. orbital location. 4 Accordingly, EchoStar has been operating the EchoStar 15 satellite in accordance with Brazil’s Region 2 BSS plan for the 45° W.L. cluster, as well as in conformity with HNSA’s authorization and applicable Brazilian laws, rules, and regulations, while HNSA designs and constructs a new, purpose-built satellite for the orbital location, consistent with HNSA’s Brazilian authorization. In late 2012, the Commission authorized EchoStar to relocate and operate EchoStar 15 at 44.9º W.L. 5 In June 2013, the Commission modified that authorization to permit operations on a regular basis at 45.1º W.L. instead of 44.9º W.L., in order to accommodate EchoStar’s operational preference to position EchoStar 15 at 45.1º W.L. as an interim satellite during the design and construction of a new satellite. 6 EchoStar 15 currently operates at 45.1º W.L. as authorized. Recently, DISH, an affiliate and customer of EchoStar, has requested that a spare satellite be made available at the nominal 72º W.L. orbital location to provide backup capacity for its satellite television network, and EchoStar has determined that moving EchoStar 15 to 72.6º W.L. would be an efficient use of its satellite fleet to accommodate the request. II. THE PROPOSED OPERATIONS WILL SERVE THE PUBLIC INTEREST AND WILL CAUSE NO HARMFUL INTERFERENCE Grant of this application will serve the public interest by allowing EchoStar the flexibility to manage its satellite fleet efficiently and operate the EchoStar 15 satellite an in-orbit spare that 4 A certified translation of the Brazilian authorization is attached to EchoStar’s previously granted modification application to change EchoStar 15’s assigned orbital location from 44.9º W.L. to 45.1º W.L. See EchoStar, Application for Minor Modification, Exh. 1 (Term of Right of Exploration), IBFS File No. SAT-MOD-20130503-00066 (filed May 3, 2013). 5 See EchoStar, Stamp Grant, IBFS File No. SAT-STA-20121022-00185 (granted Nov. 19, 2012) (authorizing relocation to 44.9° W.L. pursuant to STA); EchoStar, Stamp Grant, File No. SAT-MOD- 20120814-00130 (granted Dec. 13, 2012) (authorizing operations at 44.9° W.L.). 6 See EchoStar, Stamp Grant, IBFS File No. SAT-MOD-20130503-00066 (granted June 20, 2013). On May 9, 2013, the FCC granted special temporary authority to drift and operate EchoStar 15 at 45.1º W.L. See EchoStar, Stamp Grant, IBFS File No. SAT-STA-20130502-00065 (granted May 8, 2013).

will be readily available for backup service, if required. The Commission has a longstanding policy of leaving fleet management decisions to satellite operators because doing so generally serves the public interest. Specifically, the Commission has determined that the satellite licensee “is in a better position to determine how to tailor its system to meet the particular needs of its customers.” 7 Thus, the Commission “will generally grant a [satellite] licensee’s request to modify its system, provided there are no compelling countervailing public interest considerations.” 8 Additionally, the proposed operations will allow EchoStar to satisfy customer demand and ensure sufficient backup capacity for DISH’s satellite television network. At the same time, the proposed operations will cause no harmful interference to other authorized services because EchoStar 15 will operate only on Ku BSS TT&C frequencies as an in-orbit spare, and there are no satellites operating within two degrees of 72.6º W.L. on overlapping TT&C frequencies, as discussed in the Technical Annex (Attachment A). Furthermore, noted below, EchoStar 15 will operate at 72.6º W.L. on an unprotected and non- harmful interference basis. In the event that EchoStar 15’s communications payload is required to provide backup service, EchoStar will seek appropriate authorization prior to commencing service. 9 While at 72.6º W.L., EchoStar 15 will operate in accordance with Canada’s ITU filings and any associated coordination agreements for the CAN- BSS3 TTAC network, but will remain a U.S.-licensed satellite operating under FCC jurisdiction. As licensee of the satellite, EchoStar will continue to maintain operational control of EchoStar 15 at all times. 7 AMSC Subsidiary Corporation, Order and Authorization, 13 FCC Rcd 12316, 12318 ¶ 8 (IB 1998). 8 Id.; see also SES Americom, Inc., Order and Authorization, 21 FCC Rcd. 3430, 3433 ¶ 8 (IB 2006) (FCC “generally has allowed satellite operators to rearrange satellites in their fleet to reflect business and customer considerations where no public interest factors are adversely affected”). 9 EchoStar 15 remains in good health. All critical systems are functioning with at least one level of redundancy, and all 32 BSS channels are accessible by the communications payload.

III. OPERATIONAL PARAMETERS EchoStar will operate EchoStar 15 at 72.6º W.L. subject to the conditions typically imposed on U.S.-licensed satellites operating in accordance with non-U.S. ITU filings, including the following: 1. All authorized operations will be on an unprotected and non-harmful interference basis (i.e., EchoStar will not cause harmful interference to, and will not claim interference protection from, any other lawfully operating station). 2. In the event of any harmful interference resulting from the authorized operations, EchoStar will cease operations immediately upon notification of such interference and will immediately inform the Commission in writing of such interference. 3. EchoStar will coordinate all TT&C operations with other potentially affected in- orbit satellite operators. 4. EchoStar will maintain the EchoStar 15 at 72.6º W.L. with an east-west longitudinal station-keeping tolerance of +/-0.05 degree. 5. EchoStar will not operate EchoStar 15’s communications payload during the satellite’s operations at 72.6º W.L., absent prior FCC authorization to do so. IV. CONCLUSION Based upon the foregoing, EchoStar urges the Commission to grant the requested authorizations to permit EchoStar 15 to operate as an in-orbit spare at 72.6º W.L. and to add EchoStar 15 at 72.6º W.L. (and delete EchoStar 15 at 45.1º W.L.) as a point of communication for TT&C operations with earth stations in Cheyenne, Wyoming and Gilbert, Arizona.


Document Created: 2015-09-11 11:17:52
Document Modified: 2015-09-11 11:17:52
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