PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Fax-On-Demand 202-418-2830; Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 Friday November 14, 2008SAT-00564 Report No. Satellite Space Applications Accepted for Filing POLICY BRANCH INFORMATION The applications listed below have been found, upon initial review, to be acceptable for filing. The Commission reserves the right to return any of the applications if, upon further examination, it is determined the application is not in conformance with the Commission's rules or its policies. Consideration of each satellite application in this Public Notice may depend on the Commission's action on another satellite application earlier in the queue. Petitions, oppositions and other pleadings filed in response to this notice should conform to Section 25.154 of the Commission's rules, unless otherwise noted. 47 C.F.R. § 25.154. S2658SAT-A/O-20081003-00215 P Authorization to Operate 10/03/2008 00:00:00:00000Date Filed: EchoStar Satellite Operating L.L.C. EchoStar Satellite Operating L.L.C. (EchoStar) seeks authority to operate EchoStar 5, a satellite in the Direct Broadcast Satellite (DBS) service, at the 148° W.L. orbital location pursuant to an authorization from the Federal Communications Commission. The EchoStar 5 satellite is currently operating at the 129° W.L. orbital location under a Canadian authorization where it provides DBS service to U.S. consumers. (See EchoStar Satellite L.L.C., Order and Authorization, 20 FCC Rcd 11755, Int'l Bur. 2005). EchoStar is authorized by the Commission to operate 32 DBS channels at 148° W.L. using the EchoStar 1 and EchoStar 2 satellites. In July 2008, EchoStar 2 experienced an in-orbit failure. EchoStar seeks to operate EchoStar 5 at 148° W.L. under Commission authority using all 32 DBS channels. EchoStar also seeks a partial waiver of the DBS geographic service rules, 47 C.F.R. § 25.148(c). The file numbers of these applications have been changed from SAT-MOD-20081003-00199 and SAT-MOD-20081003-00200 to SAT-A/O-20081003-00215 and associated with Call Sign S2658. See also SAT-STA-20081003-00201 and SAT-MOD-20080825-00158 S2231SAT-MOD-20080825-00158 E Modification 08/25/2008 14:03:50:55300Date Filed: EchoStar Satellite Operating L.L.C. EchoStar Satellite Operating L.L.C (EchoStar) requests authority to suspend Direct Broadcast Satellite (DBS) operations on channels 2-32 (even) at the 148° W.L. orbital location for more than 90 days, pursuant to 47 C.F.R. § 25.161(c). The EchoStar 2 satellite, which operated on these channels, experienced an in-orbit failure in July 2008. In a separate application, EchoStar requests authority to operate on its DBS channels at 148° W.L. using the EchoStar 5 satellite (Call Sign: S2658). See SAT-A/O-20081003-00215. Page 1 of 2 For more information concerning this Notice, contact the Satellite Division at 202-418-0719; TTY 202-418-2555. S2105SAT-MOD-20081024-00209 E Modification 10/24/2008 15:56:46:57000Date Filed: Satellite CD Radio, Inc. On October 24, 2008, Satellite CD Radio, Inc., a wholly-owned subsidiary of Sirius XM Radio Inc. (together ’Sirius XM’) requests modification of its FM-6 satellite authorization to reflect an updated orbital disposal plan. S2119SAT-MOD-20081029-00211 E Modification 10/29/2008 09:36:10:98000Date Filed: XM Radio Inc. On October 29, 2008, XM Radio Inc. filed a modification application request for a five-year extension term of its license for XM-2 spacecraft through March 31, 2014. S2658SAT-STA-20081003-00201 E Special Temporary Authority 10/03/2008 18:45:10:48600Date Filed: EchoStar Satellite Operating L.L.C. EchoStar Satellite Operating L.L.C. (EchoStar) requests special temporary authority, for a period of 60 days commencing January 15, 2009, to relocate the EchoStar 5 satellite from 129° W.L. to 148° W.L. During the relocation, only transfer, telemetry, and control operations will be performed. Regular Direct Broadcast Satellite transmissions on the satellite will be switched off. See also SAT-A/O-20081003-00215 and SAT-MOD-20080825-00158. Page 2 of 2