EchoStar Broadcasting Corporation
Washington, D.C. 20554
July 16, 2013
DA 13-1580EchoStar Broadcasting Corporation
Ms. Alison Minea
100 Inverness Terrace East
Englewood, CO 80112
Call Sign: E020233
File No.: SES-MFS-20120612-00506
Dear Ms. Minea:
On June 12, 2012, EchoStar Broadcasting Corporation (EBC) filed the above-captioned
application to modify its fixed earth station add the DBSD G-1 (S2651) space station
operating at the 92.85 orbital location as a point of Communication. EBC's narrative
statement indicates this modification is required to allow EBC to provide telemetry,
tracking, and control for the DBSD G-1 space station using C-band frequencies for
limited emergency or contingency operations, should the need arise, and for periodic
reliability testing. We dismiss the application as defective without prejudice to re-filing.1
Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. 25.112(a)(1), requires the
Commission to return, as unacceptable for filing, any earth station application that is not
substantially complete, that contains internal inconsistencies, or that does not
substantially comply with the Commission's rules. EBC application is not complete for
the reasons stated below.
In response to item E18 of Schedule B, EBC indicates that a frequency
coordination report is not required for its proposed modification to its C-band
operations. However, Section 25.203(c) of the Commission's rules requires all
earth station applicants to complete frequency coordination if the earth station
will operate in frequency bands shared with terrestrial services on a co-primary
basis such as in the 3700-4200MHz and 5925-6425 MHz bands proposed in the
application. If EBC chooses to refile, it must include a frequency coordination
report with its application.
If EchoStar Broadcasting Corporation re-files an application identical to the one dismissed, with the
exception of supplying the corrected information, it need not pay an application fee. See 47 C.F.R.
Federal Communications Commission DA 13-1580EBC did not complete items E28 through E60 of Schedule B to the FCC Form
312 relating to the particulars of the proposed operations as required by section
25.130 (a)(1) of the Commission's rules, 47 C.F.R. 25.130(a)(1).
Accordingly, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R.
25.112(a)(1), and Section 0.261(a)(4) of the Commission's rules on delegations of
authority, 47 C.F.R. 0.261(a)(4), we dismiss the application of EchoStar Broadcasting
Corporation without prejudice to re-filing.
Paul E. Blais
Chief, Systems Analysis Branch
cc: STEPTOE & JOHNSON LLP
1330 Connecticut Ave, N.W.
Washington, DC 20036
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