Attachment GRANT

GRANT

DECISION submitted by IB,FCC

GRANT

2006-04-28

This document pretains to SAT-STA-20060303-00023 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2006030300023_499009

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ATTACHMENT Conditions of Authorization: SAT—$TA—20060303—00023 SAT— $TA—20060425—00049 Call Sign: $2232 Grant Date: April 28, 2006 EchoStar Satellite Operating Corporation‘s (EchoStar) request for special temporary authority (STA), File No. SAT—STA—20060303—00023, 18 GRANTED. Accordingly, EchoStaris authorized on a non harmfulinterference basis for a period of 180 days, commencing on April 28, 2006, (1) to conduct Telemetry, Tracking and Control (TT&C) operations related to the relocation of the direct broadcast satellite (DBS), EchoStar 6 (Call Sign: $2232) from the 110.35° W.L. orbital location to the 110.4° W.L. orbital location and (2) to continue TT&C operations atthe 110.4° W.L. orbitallocation sufficient to maintain the EchoStar 6 satellte as an in—orbit spare with +/ 0.05 Jongitudinal stationkeeping, in accordance with the terms, conditions, and technical specifications set forth in its application, Federal Communication Commission (Commission) rules, and this Atachment 1. During the drif to the 110.4° W.L. orbital location, and while maintaining an orbit at the 110.4° W.L. orbital location, EchoStar shall not operate the main communications payload on EchoStar 6. 2.. EchoStar shall coordinate all drift orbit operations with other potentially affected in orbit operators 3.. During the drift to and while operating at the 110.4° W.L. orbital location, no harmfulinterference shall be caused by EchoStar 6 to any other lawfully operating space station or other radiocommunication system. 4.. In the event of any harmful interference as a result of EchoStar 6‘s operations during the relocation to or while operating at the 110.4° W.L. orbital location, EchoStar shall cease operations immediately upon notifcation ofsuch interference and shall inform the Commission, in writing, immediately of such an event 5.. EchoStar is required to accept interference from other lawully operating space stations or other radiocommunication systems. 6. Any action taken or expense incurred as a result of operations pursuant to this special temporary authority is solely at EchoStar‘s own risk. ‘ This application vas acceptedfor Aiingand placed on public noticeon March 10, 2006. Satlite Space Applicatons Accepted forFling, Policy BranchInformation, Public Ntice, Report No. SAT—00%47 (rel March 10, 2006). No comments were filed.

7.. EchoStar‘s request, File No. SAT— STA—20060425—00049, for a 30—day extension ofthe previously granted authority to operate at 11035° W.L. orbital location 18 GRANTED, to the extent necessary subject to the safwc conditions as those attached to SAT—STA—20060303—00022 and is othervise dismissed as moot. 8. EchoStar is afforded thirty days from the date of release of this action to decline this authorization as conditioned. Failure to respond within this period will consttute formal acceptance of the authorization as conditioned. 9.. This Grant is issued pursuant to Section 0.261 ofthe Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective immediately. .4 S@N—STR zeoscso3.mer3 $2282. Gampue_ 44| 24|06 mbat o + “‘N"‘f * On March 28, 200,the SatelteDivisiongranted withconditions EchoSur‘sappleation, File No. SAT— $TA—20060303—00023 fora period of30 days commencing on March 20, 2006,to (1 relocte its EchaStar 6 satlitefrom th110.2° W.L. orbital locationto the 110.352‘ orbitl locationand (2) operit hesatlite at 110.35°WIL. wit; > 0.longitudinal sutionEcping.

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Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) )) In the Mater of EenoStar Sarecume Orerannc Comporation ) File No. SAT—STA—2006 ) For Special Temporary Authority to Relocate ) EchoStar 6 to 110.4° W.L. as an In—orbit Spare ) hane APPLICATION For SPECIAL TEMPORARY AUTHORITY By this application, EchoStar Satellite Operating Corporation ("EchoStar")respectfully requests a special temporary authority ("STA®) to move EchoStar 6 to 110.4° W.L., where EchoStar will store the satelite as an in—orbit spare for 180 days starting on or about April 4, 2006. Today, EchoStar has also applied to move EchoStar 6 from its current position at110.2° WLL. to 10.35° W.L., where it will operate temporarily while trafic is being transferted to the new EchoStar 10 satelite. The instant applicationis a request to move the EchoStar 6 satelite from 110.35° W.L. to 110.4° W.L. oncetraffic transfer is complete, where it will be operated only on its TT&C frequencis as an in—orbit spare. ‘The proposed move to 110.4° W.L. and the maintenance ofthe satellite atthat location as an in—orbit spare will not use harmful interference to any authorized spectrum user. EchoStar will also coordinate alldrit orbit operations with other potentially affected in—orbit operators. 1. DISCUssION EchoStaris currently operating two satelitesat 110° W.L.. EchoStar 8 is a spot— and CONUS—beam satelite operating on 20 of EchoStar‘s 29 assigned channels at the 110.0° W.L.

orbital location." EchoStar 6 is a CONUS—beam satelite operating on nine of those frequencies at the 110.2° W.L. orbiallocation." EchoStar has requested authority to provide DBS service from the nominal 110° W.L. orbitalposition using the EchoStar 10 satelite,and plans t locate the stelliteat the 110.2° W.L.orbitalocation. On Febmuary 3, 2006, EchoStar received Special Temporary Authority to launch EchoStar 10 and to test it at the 138.5° W.L. orbitallocation." Testing is due to be completed on March 21, 2006. OnceEchoStar 10 moves to the 110.2° W.L.orbital location with the Commission‘s approval, EchoStar plans to transition spot beam operations from EchoStar 8 to EchoStar 10. This will free up capacity on EchoStar 8 for CONUS operations, and in turn will permit EchoStar to ransferthe EchoStar 6 traffi to EchoStar 8. EchoStar has separately applied for an STA to operate EchoStar 6 at 110.35° W.L. during traffic transfer. EchoStar expects that traffic transfer operations will take no more than 30 days. Upon completion of traffic transfer, EchoStar 6 will cease operation of ts communications payload. ‘The instant application is for temporary authority to move the satelite to 110.4° W.L.and to maintain it there as anin—orbit spare once traffic transfer is complete EchoStarrecognizes thatits plan willresultin operating EchoStar 6 outside ofthe 110° W.LDBS "cluster"allotted to the United States by the Intermational Telecommunication Union ‘ EchoStar Satellite Corporation, Applicationfor Minor Modification ofDirect Broadeast Satelite Authorization, Launch and Operating Authorityfor EchoStar VIlL, Order and Authorization, 17 FCC Red 11326 (2002). ° RchoStar Satelite Corporation, Applicationfor Minor Modification ofFour DBS Space Station Authorizations To Operate on 11 Channels at 119° WL, To Operate on 10 Channels at 119° WL, To Operate on 28 Channels at 110° WL, To Operate on 1 Channel at 110° WL, Applicationfor Renewal ofSpecial Temporary Authority to Operate a Direct Rroadcast Satellite at the 110° WL Orbital Location, Memorandum Opinion and Order, 18 ECC Red 15211 (2003). * See Stamp Grant, File No. SAT—STA—20060104—00004 (granted Feb. 3, 2006).

(‘TTU®)" Under the current TTU Region 2 BSS Plan,the United States has the authority to allow satelite operators to provide Broadeast SatelliteService ("BSS") (Ze., DBS service in the United States) at orbitl locations within plus/minus 0.2° of the designated orbitallocation, known as clusters. Under this plan,the United States has sole authority over the BSS frequencies located at the 110° W.L. cluster. This eluster consists of orbital locations from 109.8° W.L. to 110.2° W.L. In order t operate its satelite permanently outside ofthe authorized cluster, an operator must seck to modify the ITU Region 2 BSS Plan." However, EchoStaris not secking to operate permancntly on the DBS frequencies at 110.4° WLL. Ratheritis only secking authoritytorelocate the satellite to 110.4° W.L. for a period of 180 days, where it will operate as an in—orbit spare with ts communications payload tumed off utilizing only its TT&C frequencis. "The Commission has previously granted temporary authority to operate outside of an orbital location cluster on the condition that operations do not cause harmfulinterference to lawfully operating satellitesystems and that the satellte system operate without protection from lawful systems,® In fact,in very similar circumstances, the Bureau recently approved a similar See ITU Regulations, Appendix 30, Annex 7, Section B. w *ITU Regulations, Appendix 30, Art. 10. " ITU Regulations, Appendix 30, Art. 4.2. * See Letter from Thomas S. Tyez, Chicf, Satelite and Radio Communications Division, FCC, to David K. Moskowit, Senior Viee President and General Counsel for EchoStar Satelite Corporation, at 2, dated Jan. 14, 2000 (granting authority to operate the EchoStar 4 satelite at 119.35° W.L., outside of he 119° W.L. clusten).

request by DIRECTV for relocation ofthe DIRECTV 6 satellite outside ofthe 110° W.L.cluster (east of the cluster)? For the reasons set forth below, the temporary operation of EchoStar 6 at 110.4° W.L. will not cause harmful nterference to any authorized user ofthe spectrum, and would be in the public interest. Accordingly, the Commission should grantthe requested temporary authority. 11. GRANT OR THIS APPLICATION IS IN THE PUBLIC INTEREST "The Commission has long—standing policy ofgranting Special Temporary Authority where such authorization will not cause harmful intrference and will serve the public interest, convenience and necessity. See eg. Jn the Matter ofNewcomb Communications, Inc., 8 FCC Red. 3631, 3633 (1993); /n the Marter ofColumbia Communications Corp, 11 FCC Red. $639, 8640 (1996); In the Marter ofAmerican Telephone & Telegraph Co., Order, 8 ECC Red. 8742 (1993). The requested operations meet both ofthese tests. Temporary operation ofthe EchoStar 6 at 110.4° W.L. as an in—orbit spare will not cause harmful interference to any other U.S—licensed satellte operator. Moving EchoStar 6 o this orbitallocation and limiting operations to TT&C would., if anything, reduce any potentil for interference with DIRECTV 5 at109.8° W.L.and any BSS satelites further cast. In addition, the closest operational BSS satelites to the west ofEchoStar 6‘s proposed location (except other EchoStar satellites) are two DIRECTV satelites located at 119° W.L. Locating the EchoStar 6 satellite with only ts TT&C beams operating a mere 0.2° closer to 119° W.L. will not appreciably increase the interference experienced by the sateliteslocated atthat orbita location. This is demonstrated in thetechnical showing in Artachment 4. * See, eg. DIRECTV Enterprises, LLC, DA—05—2654, Order and Authorization, File Nos. SAT—A/O—20050504—00093 and SAT—STA—20050518—00105, at 9 10, 15—16 (rel. Oct.5, 2005 (‘DIRECTV 6 STA®)

Finally, EchoStar notes again thatthe Intemational Bureau recently granted temporary authority to DIRECTV for a similar move for the same purpose, subject to certain conditions, which are acceptable to EchoSta."" EchoStar accordingly secks authority to move EchoStar 6 to the 110.4° W.L. orbital location and to maintain the satelite atthat location as an in—orbit spare, subject to the fllowing conditions: a) During the drif t the 110.4° W.L. orbitallocation, and while maintaining an orbit at thatlocation, EchoStar shall not operate the main communications payload on EchoStar6. ) EchoStar shall coordinate all dift orbit TT&C operations with other potentialy affected in—orbit operators. ) During relocation ofthe EchoStar 6 satelite, operations shall be on a non—harmiful interference basis, meaning that EchoStar shall not cause interference to, and shall not claim protection from interference caused to it by any other lawfully operating satellites. 4) In the event that any harmfulinterference is caused as a result of operations during the relocation ofthe EchoStar 6 satelite or while the satellit iat110.4° W.L., EchoStar shall cease operations immediately upon notification of such interference and shall inform the Commission immedistely, in writing, of such event. EchoStar requests that the STA begin on or about April 4, 2006 for a period of 180 days. u. SECTION 304 WAIVER In accordance with Section 304 of the Communications Act of 1934, 47 U.S.C. § 304, EchoStar hereby waives any claim to the use ofany particular frequency or ofthe electromagnetic spectrum because of the previous use ofthe same, whether by license or otherwise. ‘" See DIRECTV 6 STA at ¥f 15—16.

1. concLuston For the foregoing reasons, EchoStar respectfully requests special temporary authority to relocate the satellte to 110.4° W.L.and to maintain it there as an in—orbit spare. Respectfully submitted, EchoStar Satellite Operating Corporation Is! Pantelis Michalopoulos David K. Moskowitz Chung Hsiang Mah Excentive Vice President and General Counsel Steptoe & Johnson tir EchoStar Satellite Operating Corporation 1330 Comnecticut Avenue N.W. 9601 South Meridian Boulevard Washington, D.C. 20036 Englewood, CO 80112 (202) 429—3000 (303) 723—1000 Counselfor EchoStar Satellite Operating Corporation March 3, 2006

ATTACHMENTA Potential Interference Issues The EchoStar—6 satelite operates in the frequency bands covered by Appendices 30 and 30A of the Radio Regulations. These bands are 12.2 — 12.7 GHz (space—to—Earth) and 17.3 — 17.8 GHz (Rarth—to—space). Operational co—frequency satelites within 10 degrees of the 110°W orbital location, aside from EchoStar‘s,are the DIRECTV DBS satellitesat 101°W and 119°W.>* "The resultofthe requested shif for the EchoStar—6 satelite from 110.2"W to 110.35°W and then to 110.4°W provides a greater orbitalseparation from the DIRECTV satelitesat the 101°W location and therefore there is no negative impact to these operations.. With the proposed shif, the EchoStar—6 satellte will move closer to the US—assigned 1 19W ofbitallocation where both EchoStar and DIRECTV satellites operate within a + 0.2 degree cluster. Currently, there are two operationalsatellitesat the 1 19W cluster — EchoStar—7 located at118.9°W and DIRECTV—78 located at 119.2@W. Currently the ofbitalseparation between the EchoStar—6 satelite and the DIRECTV—78 satellite is therefore nominally 9 degrees, o 8.9 degrecs taking into account station—keeping tolerances of both satelites. Withthe requested shift ofEchoStar—6 to 110.35°W and then 110.4°W the orbitalseparation would be nominally 8.85 to .8 degrees, or 8.75 to 8.7 degrees taking into account the station—keeping tolerances ofboth satelites. Taking the worst case of EchoStar 6 at 110.4°W, the result ofthe shift in terms ofreceive carth station offaxis gain is a difference ofless than 0.25 dB and the offaxis discrimination of the receiving earth station is still greaterthan 29 dB. Similarly the large feeder ink arth stations used by EchoStar provide suffiient solation atthese orbital separations to prevent any uplink interference effects. Therefore, he proposed shif of EchoStar—6 from 110.2°W to 110.35 and then to 1 10.4°W willresult in negligible impact to the DIRECTV operations atthe 119°W location. In addition to these operational satelites, a search using the TTU‘s on—line databases show there are several AP30/30A BSS filings at"tweener" orbitl locations, e¢. 105.5°W and 114.5°W. There is no indication, however, that these satelites wl be operational in the time—frame ofthe requested temporary operation of EchoStar—6 satelie at the 110.35°W orbital location. At the 110.4 °W orbital location, the EchoStar 6 satelite will be closer to the 114.5°W orbitallocation. However, the EchoStar6 satelite will not be providing service from this location so only ts TT&C frequencics will be operating. If in the future ! Orhropenitional o—requency DBS sateltes, . the Canadian networkat 91°W arefarher removed ‘Theoffis diseriminationofthreceiv cah siatonsatsepurtionsareterthan10 degreo is 31 B or aseater(assaming an equivalent 45 em dish anterna that meets TVR B0.1213refeence patem). Thus, therequeted shiof02 degreesforthe EchoStar—6 stlite would havean even moreatomated impuct on opervions fDBS sitelitesopenting more thin 10 degrees avay thin what willb seon o e a nealible effect on the stlitesat 119°W * This ames coversboth he proposed ransitonal operaon ofEchoStar 6 at 110.35° W L.and the snbsequent proposed temporaryoperation t 1104° W L or simplicis, we will us the104° WL. postionin hianalyis.

a satelftis located at the 114.5°W orbitallocation, successful coordination of the TT&C frequencies should be possible given the narrow bandwidihs and the larger carth station used by EchoStar for is TT&C operations. There are also many flings for use ofthe Region 2 17.3 17.8 GHz BSS downlink allocation. These satelites carnot be brought into use until 1 April 2007. Moreaver, the issue with these networks is 17 GHz feeder link earth station interference into receiving earth stations, and this would be unaffected by the precise orbital location ofthe EchoStar 6 satelite. Similarly, there are FSS Ka— band filigsthat include the 17 GHz spectrum in the space—to—Earthdirection. The TU databases also includes FSS filings for the 12 GHe band in Regions 1 and 3. Because of the large geographic separation of the service areas the up to 0.2° shift of EchoStar6 would notimpact these networks cither. Collsion Avoidance Issues In considering current and planned satellites that may have a station—keeping volume that overlapping the EchoStar—6 satelite‘s new proposed locations at 110.35°W and 110.4°W, we have reviewed the lsts of FCC Hicensed satellte networks, as well as those thatare currently under consideration by the FCC. In addition, non—USA networks for which a filing has been submited to the TTin the vicinity of 1 10° W have also been reviewed. Only those networks that either operate, or are planned to operate, and have an overlapping station—keeping volume with the EchoStar—6 satellite, have been taken into account in the analysis. For purposes ofcalculating potential station—keeping volume overlap, US satelltes have been assumed to have a maximum east—west excursion of +0,05° from their nominal location, while non—US satelite networks have been assumed to have a maximum excursion of +0.1° from their nominallocation Currently there are four operational US liensed satellites within +0.5° of 1 10°W.L. These are the DIRECTV—6 satellite at 109.5°W, the DIRECTV—5 satellite at109.4°W, the EchoStar—6 sateliteat 110.2°W and the EchoStar—8 satellteat 110.0°W. Addiionally, EchoStar has requested authority t provide DBS service from the nominal 110° W.L orbital position using the EchoStar—10 satelite, and plans to locate the satelliteat the 110.2° W.L. orbital location. Taking into account the maximum east—west excursion of +0.05®,none of these satelites have the potential to overlap with the station—keeping volume of the EchoStar—6 satellteatthe 110.35°W or 110.4°W orbital locations. in addition to these operationalstelltesa review ofthe ITU on—line databases include the following non—USA flings at the 110°W orbital location: EMARSAT—5B/M from the United Arab Emirates, INMARSAT—S7 from the United Kingdom and PAS— ENDEAVOUR—1IOW from Australi. A review of the FAA Quarterly Launch Report does not indicate that these satelites willbe launched in the near future. In adition to theseflings there are US filings for Region 2 17 GHz BSS operations. The carliest these networks can be brought into use is 1 April 2007, however.. t is noted that, with the assumed station—keeping maximum excursions stated above, there would be no overlapping station—keeping volume with the EchoStar 6 satelite at 110.35°W and 110.4°W orbital locations.

CERTIFICATION OF PERSON RESPONSIBLE FOR PREPARING ENGINEERING INFORMATION I hereby declare under penalty ofperjury that1 am the technically qualified person responsible for preparation of the enginecring information contained in the foregoing submission, thatI am familiar with Part 25 of the Commission‘s rules, that have either prepared or reviewed the engineering information submitted in this pleading, and that iis true and correct o the best of my knowledge and beliet /sl RRichard J. Bamen, PhD, BS Telecomm Stategies, Ic. 6404 Highland Drive Chevy Chase, Maryland 20815 (301) 656—8969 Dated: March 3, 2006


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Document Modified: 2006-05-01 16:26:18
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