Attachment grant

grant

DECISION submitted by IB,FCC

grant

2005-07-21

This document pretains to SAT-STA-20050329-00078 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2005032900078_443470

SAT—STA—20080329—00078 82653 (DBS8701).. Rainbow DBS Company LLC Special Temporary Authority Grant of Authority Effective Date:~~7 / Z1 ( 65 Nature of Services Direct Broadcast Satelite Service Granted Rainbow DBS Company LLC request for extension of authority to operate Rainbow 1 Direct Broadcast Satellite over Channels 23 and 24 at the 61.5° W.L. orbital location under Special Temporary Authority (STA). Operation is authorized forthe period of April 2, 2005 to September 29, 2005 subject to the same conditions as its prior STA. [See EchoStar Satellite Corporation and Rainbow DBS Company LLC, Order and Authorization, DA 03—3024, 18 FCC Red 19825 (Int‘l Bur. 2003); see also Rainbow DBS Company LLC Applications of Rainbow DBS Company LLC for Extension of its Special Temporary Authority to Operate a Direct Broadcast Satellite Over Channels 23 and 24 at 61.5° WL., File Nos. SAT—STA—20030623—00122, SAT—STA—20040319—00081, SAT— $TA20040924—00191.]

Approved by OMB 30i0—0078 Date & Time Filed: Mar 29 2005 $:16:46:63PM File Number: SAT—STA—20050320—00078 Callsign: FEDERAL COMMUNICATIONS CoMMISSION APPLICATION FOR SPACE STATION SPECIAL TEMPORARY AUTHIORTTY ror oreiciat. use onty APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: Extension of Special Temporary Authority for the Rainbow 1 DBS satelite 1: Aplcan Name: Rainbow DBS Company LLC Phone Numbers 516—803—2300 DBA Name: Fax Number: (sio) $03—2577 Streets 200 Jericho Quadrangle E—Mail: hratner@cablevision.com City: Jericho State: NY County: USA Zipeote: ins — Attention: Hank Ratner f—Fife Sar—stf—eeesses2}—o0c05 si6ss /ajo ‘» i oessro! QQ»\ZIIQYW;\%D&,&& remat Relvey Brouch Chiofl NeAAA N n n se

2. Coner Name: Benjamin . Griin Phone Number: 2022434730 Company: Mintz,Levin, Cohn, Fems, Fax Number: 2024847400 Glovity and Popeo, RC 701 Pennsylvania Avenve, NW E—Mail: bigrifin@mint.com Sute 900 Washington State: pe Country: usa Zipeote: 2o00s — Contact Member Relationship: Legal Counsel Tite: (If your application s relted to anapplicationfled withthe Commission, enter tfil number below) 3. Reference File Number 4n s a fee submited with this application? @ If ¥es, completeand atach FCC Form 159. If No, indicate reason forfee exemption (tee 47 CERSection L1114). @ GovernmentalEntiy gy Noncommercial educational Hcensee @ Otherfplease cxplain: ibFee Classfication 5—Tpe Reques @5 Chinge Station Location @ Extend Expiration Date g oner 6. Temporary OrbiLocation 7. Requested Extended Expiration Date 615 w1 2005—09—28 0:00.00.0

8. Deseription —(lf he complet description does not appear in this bon, please go to the end of thsform t view it in its entiety) Ranbow DBS requests extension of its existing STA to operate the Rainbow 1 DBS satellite lover Channels 23 and 24 at 61.5 W.L. for an additional 180 days. 9. By checking Yes,the undersigned cerifiesthat neither applicant nor any other paty to the applcation is subject @y Yes o to adenial of Federalbenefits hatincludes FCC benefits pursuantto Section 5301 of the Anti—Drug Act of 1988, 21 U..C. Section 862. beeause ofa conviction for possesion ordistrbution oa contrlled substance. See 47 CFR 1:2002(b)for the meaning of &quotpartyto the applicationdiquot; for these purposes. 10. Name of Person Signing 11.Tide of Person Signing Hank Raner Vice Chairman 12. Picase spply any need atachment. Atachment 1: STA Narative Atachment 2: Atachment 3: wiLLEUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE By FINE AND / OR INPRISONMENT (U.S. Code, Tile 18,Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (US. Code, Tite 47, Setion 312G)(1)) AND/OR FORFETTURE (U5. Code, Te 47, Setion 503).

ree Novick REquiken By THE PAPERWORK REDUCTION ACT ‘The public eportingfothis callection ofinformation is estimated to average 2 hours peresponse,including the time foreviewing instructions, searching existin data sources, athering and maintaining the required dat, and completingand reviewing the cllection ofinformation. If you haveany comments on his burden estimate, or how we can improve the collction and reduce the burden it causes you, lease write to the Federal Communications Commission, AMD—PERM, Paperwork Reduction Project (3060—0676), Washington, DC20554, We will also accept your comments egardingthe Paperwork Reduction Act aspects of this cllectionvi thIntemct ifyou send them tojboley@fec.gov. PLEASE bo NorsEND comPLETE FoRMs To THis AppREss. Remember—— You are not required to respond to a collectiono information sponsored by the Federal povermment, and the rovermment may not conduct or sponsor this collection unles t displays a currenty valld OMB control number orif wfalto provide you withthisnotce. ‘This colletion has been assigned an OMB control number of 3060—0678. TiE FoREGOING NOTICE is REQUIRED By TiE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104—13, OCTOBER 1, 199841 US.C. SECrION 3sur.

Before the FEDERAL CommMUNICATIONs commISsion Washington, D.C. 20854 In the Mater of Rainbow DBS Company LLC File No._SAT—STA —2.005 0324 poo78 Application for Extension of Special Temporary Authority to Operate a Direct Broadcast Satellte Over Channels 23 and 24 at 61.5° WLL. APPLICATION OF RAINBOW DBS COMPANY LLC FOR EXTENSION OF ITS SPECIAL TEMPORARY AUTHORITY TO OPERATE A DIRECT BROADCAST SATELLITE OVER CHANNELS 23 AND 24 AT 61.5° W.L. Rainbow DBS Company LLC ("Rainbow DBS")" is currently operating its Rainbow 1 Direct Broadcast Satellit ("DBS") over Channels 23 and 24 at the 61.5° W.L.orbital location under Special Temporary Authority ("STA")."" Pursuant to Section 309(D ofthe Communications Act of 1934," Rainbow DBS hereby requests extension ofits STA to operate Rainbow 1 over Channels 23 and 24 for a period not to exeeed 180 days beginning on April 2, , Rainbow DBS is an indirect wholly—owned subsidiry of Cablevision Systems Corporation (*Cablevision‘), Rainbow DBS provides the VOOM television service to subscribers throughout the United Statesthrough the use of the Rainbow 1 satellte at 61.5° W.L * RchoStar Satelite Corportion and Raitbow DBS Company LLC, File Nos. SAT—STA— 20030617—001 17 and SAT—STA—20030623—00122, Order andAuthoriation, DA 03—3024 (re. Oct 1, 2003)(‘Rainbow DBS STA Order"); Rainbow DBS Company LLC Application for Extension of Special Temporary Authority to Operte a Direct Broadeast Stelite Over Channels 23 and 24 at61.5° W.L, File No. SAT—STA—20040319—00081 (filed March 19, 2008). T addition t the STA for Channels 23 and 24, Rainbow DBS operates Rainbow 1 over Odd Channels 1 tirough 21 at61.4° W L. under ts permanent license. See RL DBS Company, LLC, File No. SAT—MOD—20020408—00062, Order and Authorization, DA 05—1185 el. April 2, 2003 T 47U8.C. 5300.

2005, subjectto the same conditions that apply underits current STA Extension ofthe STA will ensure the most efficient use of scarce spectrum and serve consumer welfare by enabling Rainbow DBS to continue to provide service without any dimination during this time of transition for Rainbow DBS. L. GRANT OF STA EXTENSION WILL NOT CAUSE ANY HARMEUL INTERFERENCE AND WILL SERVE THE PUBLIC INTEREST The Commission has a long:—standing policy of granting STA where such authorization willnot cause harmful interference t other licensed operations and will serve the public interest, convenience and necessity." In granting Rainbow DBS‘s nital STA, the Commission found that it would "allow Rainbow [DBS], a new entrant i the DBS business,the opportunity to use expanded capscity for a imited period of time, in order to help intiate ts DBS service."*" The same public interest factors underlying the Rainbow DBS STA Order in October 2003 remain applicable today.. As Ruinbow DBS noted in its intial STA application, the publiciterest is served by the STA becausei; (1) makes efficient use offillow spectrum; (2) ensbles a new entrant to provide expanded serviceto its customers; and (3) fosters competition by enabling Rinbow DBS to offer more program options to consumers." As the Commission is aware, Rainbow DBS is in the midstofa transition. Since the last STA extension was filed, the Board of Directors of Cablevision authorized and dizected the sale ® Rainbow DBSSTA Order 9 14—21 f Rainbow DBS STA Order 15. See also Newcomb Communications,Inc., Order and Authorization8 FCC Red 3631, 3633 (1993); American Telephone & Telegraph Company., Order, 8 FCC Red 8742 (1993);Columbia Communieations Corporation, Order, 11 ECC Red 639, 8640 (1996) ® Rainbow DBS STA Order® 6 * Application ofR/L DBS Company, LLC for Special Temporary Authorityto Operate a Direct Broadeast Satelite Over Channels 23 and 24 at the61.5° W.L. Orbital Location, File No. SAT—STA— 20030623—00122, t 9—15 (filedJune 23, 2003) (cting publi nteret justieations used by the Commissiont ssue previous grantsof STA in he DBS service)

of the assets of Rainbow DBS and the shutdown ofts business® On January 20, 2005, Rainbow DBS entered into a definitive agreement to sll is Rainbow 1 satellte and certain other related assets o subsidiary of EchoStar Communications Corp., subject to regulatory approvals."" On January 28, 2005, EchoStar SatelliteLLC. ("choStar") and Rainbow DBS filed an application to assign the FCC authorization for the Rainbow 1 satellite (including the STA) to EchoStar,"® That application has been accepted for filing and is currently pending before the Commission."" Extension ofthe STA would avoid distuption of the services the existing Rainbow DBS customers are currently receiving. The extension also would ensure that, after the STA is assigned t EchoStar, the two channels will continue to be used to serve the public. Rainbow DBS has not and will not cause harmful iterference to other licensed operations since the two channels t uses under STA are unassigned.""" In any event, Rainbow DBS accepts and will continue to accept as a condition of STA that it will "cause no harmful interference to any other lawhily operating radio station‘"and will "cease operation on those channels immediately upon notification of such interference."" Rainbow DBS accepts in connection with ts STA extension the same conditions imposed by the October 1, 2003 iniial STA grant,including a non—interference obligation, a consumer * Cablevision Systems Corporation, Form 10—K at 12 (iled Mar. 16, 2004 i td w 1213 S See Application oEchoStar Satelit LLC. and Rainbow DBS Company LLC for he Assignment of PCLicenses and Authoriztions, File No. SAT—STA—20050128—00017 iled Jan. 28, 2005) i EchoStar SateliteL LC. and Rainbow DBS Company LLC Seck Approval forthe Assignment of FCC Licenses and Authorizations Held by Rainbow DBS Company LLC to EchoStar Satellte LLC, 1B Docket No. 05—72, Public Notice, DA 03—501 (re. Feb: 25, 2005). ©®" Seeid. 5 (concluding that Rainbow DBS use of Channels 23 and 24 at61.5° WL. "will not cause harmfil interference."). * se

notification requirement,and an obligation to cease operations immediately upon the sooner of the STA expiration of the assignment of Channels 23 and 24 at61.5° W.L."" 11. SECTION304 waIveER in accordance with Section 304 ofthe Communications Act,Rainbow DBS, as the party to this application, hercby waives any claim to the use ofany particular frequeney or ofthe electromagnetic spectrum as againstthe regulatory power ofthe United States because of the previous use of the same, whether by license or othervise. i. concusion For the foregoing reasons, Rainbow DBS respectfully requests that the Commission extend its special temporary authority for DBS channels 23 and 24 at 61.5° W.L. for period of 180 days beginning April2, 2005, subjectto the conditions described herein: m 1a ty 1421 ® arusc§30.

Respectfully Submited Rainbow DBS Company LLC By:__/s/ Honk Ratner Title: Vice Chairman Rainbow DBS Company LLC 200 Jericho Quadrangle Jericho, NY 11753 (sie) 803—2500 Dated: March 29, 2005

ANTI—DRUG ABUSE ACT CERTIFICATION Pursuant to Section 1.2002 ofthe Commission‘s rules, 47 C.F.R. § 1.2002, Rainbow DBS Company LLC (‘Rainbow DBS") certifiesthat neither Rainbow DBS, nor any of ts sharcholders, nor any ofits officers or directors, are subjectt a denial of Federal benefits pursuant to authority granted in Section 5301 of the Anti—Drug Abuse Act of 1988. Respectfully Submitted, Rainbow DBS Company LLC By:__/s/ Hank Ratner Title: Vice Chairman Rainbow DBS Company LLC 200 Jericho Quadrangle Jericho, NY 11753 (sie) 8o3—25e0 Dated: March 29, 2005 wnesase


Document Created: 2005-07-21 15:37:45
Document Modified: 2005-07-21 15:37:45
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