Attachment Grant

Grant

DECISION submitted by IB,FCC

Grant

2007-11-14

This document pretains to SAT-STA-20070926-00133 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2007092600133_605583

L .. I N 0 h, W E3 \o w I 0 \o 00 CL .. w w sI E: I h, 4 4 h- h, h, w w I I c m 0 \o 0 : ') ,. . ..I \o 0 . .. . . . d

Attachment File No. SAT-STA-20070926-00133 EchoStar Satellite Operating Corporation’s request, File No. SAT-STA- 20070926-00 133, IS GRANTED, and EchoStar Satellite Operating Corporation (Echostar) IS AUTHORIZED to operate Direct Broadcast Satellite service from its EchoStar 12 satellite over Channels 23 and 24 at the 61.5” W.L. orbital location for a period of 180 days, from October 2, 2007 to March 3 1,2008, subject to the following conditions : 1. Echostar’s use of channels 23 and 24 at the 61 S oW.L. orbital location shall cause no harmful interference to any other lawfully operating radio station and EchoStar shall cease operation on those channels immediately upon notification of such interference. 2. EchoStar shall not claim protection from interference from any other lawfully operated radio station with respect to its operations on channels 23 and 24 and that Echostar’s operation on channels 23 and 24 is at its own risk. 3. Upon launch and operation of a replacement satellite for EchoStar 3 at the 61 S o W.L. orbital location, the following conditions will apply: a) Echostar: i> must inform its customers, in writing, that services using the two unassigned channels at the 61.5” W.L. orbit location will be discontinued upon the termination of Echostar’s temporary authority to operate on these channels; ii) must provide the following language to its customers in its monthly billing statements: “The [name of module(s)] is only temporarily available. Dish Network will r, discontinue these services upon the (3, termination of Dish Network’s temporary authority to operate on these channels. Therefore, [name of module] will cease to be available to you upon the termination of Dish Network’s temporary authority to operate on these channels without prior notice. If you have any questions, please call us toll-free at [insert telephone number] .” iii) must include in all marketing notification that service is k4 being provided on a temporary basis and may be diminished or

discontinued at any time. Any failure to comply with customer notification procedures will be subject to enforcement action. b) Use of channels 23 and 24 at the 61.5" W.L. orbit location is for free- standing separate programming packages that are not required as a condition of purchasing any other programming packages and that are readily capable of being withdrawn on short notice. Consumers should not have any expectation that the packages that they are purchasing include additional programming provided over channels 23 and 24. Any failure to comply with this programming requirement will be subject to enforcement action. 4. EchoStar must file a report on February 11,2008 describing the status of the replacement satellite for the EchoStar 3 satellite, and the operating status of the EchoStar 3 satellite. In its report, EchoStar should indicate the status of the construction of the replacement satellite, as well as the status of the associated launch vehicle. 5. EchoStar must file a report on February 11,2008 describing any change to the operating status of the satellite since EchoStar filed its Spacecraft Health Report for the EchoStar 3 satellite on July 3,2007. 6. EchoStar shall cease operations on channels 23 and 24 at the 61 SoW.L. orbit location upon the launch and operation of a satellite regularly licensed to operate on these channels at this location. 7. This Special Temporary Authority is conditioned on the outcome of any rules adopted in the Notice of Proposed Rulemaking Proceeding in IB Docket 06-160 (DBS License Processing Procedures Rulemaking). 8. This Special Temporary Authority is conditioned on the outcome of the Commission decision on the petition for reconsideration of eligibility restrictions for DBS Channels 23 and 24 at the 61.5" W.L. orbital location. 9. This Action is taken pursuant to Section 0.261 of the Commission's rules on delegated authority, 47 C.F.R. 5 0.26 1, and is effective immediately. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's rules, 47 C.F.R. $9 I. 106, 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken.

2. Contact Name: Pantelis Michalopoulos Phone Number: 202-429-6494 Company: Steptoe & Johnson LLP Fax Number: 202-429-3902 Street : 1330 Connecticut Ave., NW E-Mail: pmichalo@steptoe.com City: Washington State: DC Country: USA Zipcode: 20036 -1795 Attention: Relationship: Legal Counsel (If your application is related to an application filed with the Commission, enter either the file number or the IB Submission ID of the related application. Please enter only one.) 3. Reference File Number SATSTA2007032900058 or Submission ID 4a. Is a fee submitted with this application? If Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). 0 Governmental Entity 0 Noncommercial educational licensee 0 Other(p1ease explain): ~~~~~~~~ ~~~~~ (4b.Fee Classification CRY - Space Station (Geostationary) 5. Type Request 0 Change Station Location @ Extend Expiration Date 0 Other 6. Temporary Orbit Location I 7. Requested Extended Expiration Date 2008-03-29 0O:OO:OO.O 2

18. Description (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) This application requests renewal of EchoStar Satellite Operating Corporation’s special temporary authority to operate a DBS satellite using channels 23 and 24 at the 61.5W orbital location for an additional 180 days. Please see the attached narrative for additional detail. 9. By checkingyes, the undersigned certifies that neither applicant nor any other party to the application is subject e Yes 0 No to a denial of Federal benefits that includes FCC benefits pursuant to Section 530 1 of the Anti-Drug Act of 1988, 2 1 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. See 47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes. I 10. Name of Person Signing Linda Kmney I11 . Title of Person Signing Vice President, Law and Regulation I 12. Please supply any need attachments. Attachment 1: Narrative App. Attachment 2: Attachment 3: WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Title 18, Section 1OOl), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 3 12(a)(l)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). 3

FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. If you have any comments on this burden estimate, or how we can improve the collection and reduce the burden it causes you, please write to the Federal Communications Commission, AMD-PERM, Paperwork Reduction Project (3060-0678), Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects of this collection via the Internet if you send them to jboley@fcc.gov. PLEASE DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember - You are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-0678. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104-13, OCTOBER 1,1995,44 U.S.C. SECTION 3507. 4

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ~~ ) In the Matter of ) ) ECHOSTAR SATELLITE OPERATING ) CORPORATION 1 File No. SAT-STA-20060324-00029 ) File No. SAT-STA-20070105-00008 Request for Renewal of 1 File No. SAT-STA-20070329-00058 Special Temporary Authority to Operate a ) File No. SAT-STA-20070926- Direct Broadcast Satellite Over Channels 23 and 24 ) At the 61.5’ W.L Orbital Location ) REQUEST FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY EchoStar Satellite Operating Corporation (“EchoStar”) requests renewal of its special temporary authority (“STA”) to operate on channels 23 and 24 at the 61.5” W.L. orbital location for an additional one hundred and eighty days. EchoStar also requests that the Commission grant the requested renewal subject to the same temporary suspension of the customer notification and programming conditions that the International Bureau approved for the 61.5” W.L. STA.’ Consistent with that Bureau decision, grant of this renewal request would continue to serve the public interest. I. BACKGROUND AND PROCEDURAL HISTORY As EchoStar has explained in the original STA request, DBS channels 23 and 24 at the 61.5” W.L. orbital location have a “unique” history. In stark contrast to the vast majority of DBS spectrum, these channels have remained unassigned and unlicensed. In fact, these channels “are 1 See Echostar SateZkte Operatzng Coporation,Appkcationfor Modfication of SpeczaZ TemporayAuthorz@to OperateDzrect Broadcast SateZkte Serice over Channeh23 and24ut the 6L5OKL. OrbitaZLocatzon, Order and Authorization, DA 07-5 18,y 5 (rel. Feb. 2, 2007) (“6L5STAOrde?’).

the only two remaining unassigned DBS channels in the 12 GHz band that are assigned to the United States that can provide service to most of the contiguous United States.”2 In an effort to ensure that such valuable spectrum does not lie fallow, the Commission has provided STAs to DBS providers to operate on these channels for the past eight years subject to different conditions. The Commission initially granted EchoStar an STA to operate on the unassigned channels as well as to 8 channels assigned to Dominion Video Satellite, Inc. and the 1 1 channels assigned to Rainbow on March 2 1, 1 9 9 Rainbow ~ ~ subsequently operated on the unassigned channels for a two-year p e r i ~ dbefore ,~ EchoStar acquired the Rainbow 1 satellite Razzbow DBSCompanny,LLCandEchoSar SateL4teL.L.C, FCC 05- 177, Memorandum Opinion and Order, IB Docket No. 05-72,y 29 (rel. Oct. 12, 2005) (“Razhbow1 Asszgnment Orde?’), 3 See In the Matter ofDzrect BroadcastzngSateZhZe Coporatzon,Appkcatiunfor SpeczaZ TemporayAuthoriQ tu Operate a Dzrect Bruadcast SateZkte Over Channeh1-21fadd/ and23- 32foddandeven) at 6L5OKL., Memorandum Opinion and Order, FCC Rcd. 6392 (1998) (“EchoStarl998STA Grant’).The Commission renewed this authority on September 16, 1998. See In the Matter ofDzrect Broadcasting SateZkte Coporatioe Appkcationfor SpeciaZ TemporayAuthorz@to Operate a Dzrect Broadcast SateZkte Over Channeh 1-21fodd/ and23- 32 @ddandeven/at 615OKL., Letter from Thomas S. Tycz to David K. Moskowitz, File No. SAT-STA-19980827-00068 (Sept. 16, 1998). The September 16, 1998 renewal of Echostar’s STA was for 180 days, or with respect to the relevant channels, until “(2) receipt of a license by Dominion Video Satellite, Inc. or R/L DBS to begin service from the 61SoW.L. orbital location ...” The Commission again verbally renewed the authority on March 16, 1999, imposing the same terms and conditions. See File No. SAT-STA-19990305-00026. Dominion received such a license in 1999 and Echostar’s STA with respect to Dominion’s channels expired. The Commission granted renewal requests for the 11 channels assigned to Rainbow and the 2 unassigned channels in 1999,2000,2001, and 2002. See File Nos. SAT-STA-19990907-00089, SAT-STA-20000308-00066, SAT-STA-20010226-00024, SAT-STA-20010820-00076, and SAT-STA-20020220-00021. In 2003, EchoStar discontinued service on these channels within 7 days of receiving notice from the Commission that it must do so. SeeLetter from Jennifer M. Gilsenan, Chief, Policy Branch, Satellite Division to Pantelis Michalopoulos, Re: Request of EchoStar Satellite Corporation for Renewal of Its Special Temporary Authority to Operate a Satellite Over Channels 1-23 (odd) and 24 the 61.5’ W.L. Orbital Location - File No. SAT-STA- 20030214-00071 (June 13,2003). 4 Rainbow DBS Company, LLC, received the STA to operate on the unassigned channels in 2003. EchoStar SateZkte Coporatzbn andRazhbow DBS Company LLC: Order and Authorization, 18 FCC Rcd 19825 (2003) (“RazhbuwSTA Orde?’). 2

and regained authority last year.5 The Commission has highlighted repeatedly “the importance of ensuring that spectrum can continue to serve the public rather than lying fallow unnecessarily, even on a temporary basis.”6 During the past eight years, the flexibility provided by this much- needed capacity has proven instrumental to DBS providers. The future of these unassigned channels is, however, also subject to the uncertainty surrounding the Northpozht decision that vacated the Commission’s DBS auction rules, and the DBS freeze implemented by the Commission in response to that d e ~ i s i o n As . ~ a result, a new licensee will not be in a position to provide services from these channels for a number of years. In fact, while the Commission initiated a proceeding in 2006 to establish the mechanism by which these channels could be ultimately licensed and operated, that proceeding is still pending.’ 5 The Rainbow STA was assigned to EchoStar Satellite L.L.C. (“ESLLC”) in October 2005 as part of the sale of the Rainbow 1 satellite to Echostar. SeeEchoSarSateZkteL.L.C, File No. SAT-STA-20050930-00183 (granted Sept. 30,2005); see aho Razhbow 1Asszgnment Ordeer. The STA was then assigned from ESLLC to EchoStar in September 2006. See Appficationfor Pro Forma Asszgnment ofLicensesfrom Echostar SateZkteL.L. C to EchoStar SateZhZe Operatzkg Corporation,File No. SAT-ASG-20051129-00256 (granted Sep. 13,2006). Razkbow STA OrdeG 7 8; see aho Echostar 1998STA Gran4 7 7 (“furthering the Commission’s objective to make efficient use of available spectrum.”). Northpozht 22chnoZo~Ltd FCG 412 F.3d 145 (D.C. Cir. 2005) (“Northpozht’); Pub1ic Not ice, Direct Broadcast SateZkte (DBq SeniceAuction NuZhfled. CommzksionSets Forth Refundproceduresfor Auction No. 52 WinnzngBidders andAdoptsa Freeze on AZZNew DBSSe~iceAppkcatzons, FCC 05-213 (rel. Dec. 21,2005) (“DBSFeezeNoticd’).The DBS freeze does not apply to “requests for special temporary authority.’’ Id at 2. 8 See Amendment ofthe Commzksion j . Pokcies andRuZesfor ProcesszngAppkcations zn the DzFect Broadcast Satelkte Senzce zh the UnitedSlates,Notice of Proposed Rulemaking, 2 1 FCC Rcd 9443 (2006). 3

In March 2006, EchoStar sought an extension of its 61.5" W.L. STA, and also requested a modification to relax the STA's customer notification requirements.' On January 5 , 2007, EchoStar filed a request for expedited action on the pending March 2006 STA application." EchoStar also sought to waive temporarily the programming condition to which the STA was subject," because the deteriorating condition of the EchoStar 3 satellite, co-located at the 61So W.L. orbital location, made it necessary for EchoStar to utilize Channels 23 and 24 in order to maintain regular programming to its subscribers from 6 1.5" W.L. In February 2007, the International Bureau granted Echostar's request to renew its STA to operate Channels 23 and 24 at 61.5" W.L. and found that it would serve the public interest to suspend temporarily the customer notification and programming conditions. l 2 In particular, the Bureau found that "[sluspending these restrictions will enable EchoStar to avoid any further disruption to its customers as a result of the EchoStar 3 transponder failures. It will also avoid confusion to its customers regarding the continued availability of pr~gramming."'~Further, the 'See File No. SAT-STA-20060324-00029. Specifically, this condition requires that EchoStar notify subscribers that the services provided using the two unassigned channels are provided pursuant to a grant of temporary authority and may be reduced or discontinued at any time. EchoStar is also required to provide billing inserts informing consumers of the services provided on these channels and the expiration date of the temporary authority for the two channels. lo See File No. SAT-STA-20070105-00008. 11 Specifically, the condition requires that: "[Ulse of channels 23 and 24 at the 61.5" W.L. orbital location is for free-standing separate programming packages that are not required as a condition of purchasing any other programming packages and that are readily capable of being withdrawn on short notice. Consumers should not have any expectation that the packages they are purchasing include additional programming provided over channels 23 and 24. Any failure to comply with this programming requirement will be subject to enforcement action." Rainbow STA OrdeF at 7 18. 4

Bureau held that “[tlemporary suspension will give EchoStar greater flexibility to meet its customers’ needs until it is able to launch its planned replacement satellite into that location ater this year.”14 The Bureau also imposed a reporting condition on Echostar, which EchoStar ti nely satisfi ed. On March 29,2007, filed a request to renew its STA for an additional sixty days.16 The Bureau granted this request on April 20,2007 for one hundred and eighty days.I7 In its grant, the Bureau required that EchoStar report on the status of a replacement satellite for the EchoStar 3 satellite and on the operational status of the EchoStar 3 satellite by July 3, 2007.18 EchoStar timely submitted the required report. In its report, EchoStar provided an update the replacement of the EchoStar 3 satellite and explained that the health of the EchoStar 3 satellite had not changed since its report in March, 2007. EchoStar committed to provide an update on the status of a replacement satellite for EchoStar 3 and the operational status of the EchoStar 3 satellite when it filed for renewal of the April 20,2007 STA grant. l 5 See zd, 7 15. On March 5,2007, EchoStar submitted a letter and report in File Nos. SAT-STA-20060324-00029 and SAT-STA-20070105-00008 detailing its plans for a replacement satellite for the 61.5’ W.L. orbital location and the condition of the EchoStar 3 satellite. Subsequent to the March 5, 2007 filing, an intergovernmental commission comprising representatives of Ukrainian and Russian organizations determined that the Zenit-3SL carrier rocket, used in the unsuccessful January 2007 Sea Launch operation, failed due to a metal particle entering the engine’s pump. 16 See File No. SAT-STA-20070329-00058. 17 See Grant Stamp, File No. SAT-STA-20070329-00058. See Conditions 4 and 5 of the Grant Stamp. 5

11. UPDATE ON STATUS OF REPLACEMENT SATELLITE FOR ECHOSTAR 3 AND THE HEALTH OF THE ECHOSTAR 3 SATELLITE EchoStar has not finalized its replacement plans for EchoStar 3 yet. In developing that plan, EchoStar has been faced with two complications. First, a Proton rocket carrying a Japanese spacecraft exploded shortly after takeoff on September 5,2007. The ongoing investigation of this disaster has made launch windows even more scarce than they previously were and EchoStar has placed new launch plans and the associated redeployment of its satellite fleet temporarily on hold. Second, on June 8, 2007, EchoStar and Dominion Video Satellite, Inc. ("Dominion") requested authority for the assignment of Dominion's license, covering eight channels at 6 1.5" W.L., to Echostar. The applicants look forward to the Commission's prompt grant of this application, which was placed on public notice on June 15,2007, and has not been approved. There have been no further changes in the operational status of the EchoStar 3 satellite since the report EchoStar submitted on July 3,2007. 11. GRANT OF A RENEWAL STA SUBJECT TO THE SAME TEMPORARY SUSPENSION OF THE CUSTOMER NOTIFICATION AND PROGRAMMING CONDITIONS WOULD CONTINUE TO SERVE THE PUBLIC INTEREST The same conditions that led the Bureau to grant renewal of the STA for channels 23 and 24 and to temporarily suspend the customer notification and programming conditions for the STA in the 6LJ0ST4Ordevare still applicable. EchoStar 3 continues to operate at diminished capacity due to the earlier transponder failures. As a result, EchoStar still needs to utilize Channels 23 and 24 to maintain regular programming from the 61.5' W.L. orbital location. Further, for the reasons explained above, EchoStar has not yet deployed a replacement satellite capable of serving all the assigned and leased channels at the 61.5" W.L. orbital location, and has not yet finalized the replacement plans. Thus, grant of a renewal STA subject to the same temporary suspension of the customer notification and programming conditions will continue to 6

“enable EchoStar to avoid any further disruption to its customers as a result of the EchoStar 3 transponder failures” and “will give EchoStar greater flexibility to meet its customers’ needs until it is able to launch its planned replacement satellite.” 111. CONCLUSION For the foregoing reasons, EchoStar requests that Commission renew its STA to operate on Channels 23 and 24 for an additional one hundred and eighty days subject to the same terms and conditions provided for in the 6ZYS’ Ordeer. Respectfully submitted, EchoStar Satellite Operating Corporation Pantelis Michalopoulos Linda Kinney Brendan Kasper Vice President, Law and Regulation Steptoe & Johnson LLP Brad Gillen 1330 Connecticut Avenue N. W. Regulatory Counsel Washington, D.C. 20036 EchoStar Satellite Operating Corporation (202) 429-3000 1233 20th Street, N.W. Suite 302 Washington, DC 20036-2396 (202) 293-098 1 Counselfor Echostar Satelfite Operatzng Coporation September 26,2007 7


Document Created: 2007-11-14 09:57:38
Document Modified: 2007-11-14 09:57:38
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC