Attachment grant

grant

DECISION submitted by IB,FCC

grant

2008-08-15

This document pretains to SAT-STA-20080813-00154 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2008081300154_659236

lB2008001950 S ATST A-200808130 0 154 Echostar Satettite Operating L.L.C. Approved by OMB 3060-0678 Date &Time Filed: Aug 13 2008 1:55:31:813PM File Number: SAT-STA-200808 13-00154 Callsign: ;3 -273 FEDERAL COMMUNICATIONS COMMISSION APPLICATION FOR SPACE STATION SPECIAL TEMPORARY AUTHORITY FOR OFFICIAL USE ONLY I APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: Renewal of Special Temporary Authority to Continue to Move EchoStar 11 to 110.0 W.L. . Applicant Name: EchoStar Satellite Operating L.L. Phone Number: 303-723-1 000 C. DBA Name: Fax Number: 303-723-1 699 Street: 960 1 South Meridian Boulevard E-Mail: City: Englewood State: co Country: USA Zipcode: 80112 - Attention: Linda Kinney - (202)293-098 1 1

Name: Pantelis Michalopoulos Phone Number: 202-429-6494 Company: Steptoe & Johnson LLP Fax Number: Street: 1330 Connecticut Ave., NW E-Mail: pmichalopoulos@steptoe.com City: Washington State: DC Country: USA Zipcode: 20036 - 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 or Submission ID , 4a. Is a fee submitted with this application? IfYes, 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): I4b. Fee Classification 5. Type Request Extend Expiration Date 0 Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date I 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.) EchoStar Satellite Operating L.L.C. requests an additional 30 days to complete relocation of the EchoStar 11 satellite from its testing location, 138.5 W.L., to its authorized location, 110.0 W.L. See attached narrative. 10. Name of Person Signing 11. Title of Person Signing Linda Kinney Vice President, Law and Regulation WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Title 18, Section lOOl), AND/OR REVOCATION '3F 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 ) 1 ECHOSTAR SATELLITE OPERATING L.L.C ) ) File No. SAT-STA-20080516-00104 For Special Temporary Authority to ) File No. SAT-STA-2008 - Continue to Move the EchoStar 11 Satellite ) Call Sign S2738 from 138.5 W.L. to 110" W.L. ) ) APPLICATION TO RENEW SPECIAL TEMPORARY AUTHORITY EchoStar Satellite Operating L.L.C. ("DISH Network") respectfully requests renewal of its 30-day Special Temporary Authority ("STA") to permit it to continue to move the EchoStar 11 satellite from its testing location at 138.5" W.L. to its assigned location at 110.0" W.L. This authority is set to expire on August 19,2008.' The extension of the above referenced STA is necessary to allow DISH Network to complete the relocation of the EchoStar 11 to 110.0" W.L. The in-orbit testing of EchoStar 1 1 took longer than anticipated, necessitating this immediate extension request. As explained in the narrative submitted with the original STA request, the grant of temporary authority to move EchoStar 11 from its testing location at 138.5" W.L. to 110.0" W.L., where it will replace the EchoStar 8 satellite, will serve the public interest and will not adversely affect the operations of any other spacecraft or of other authorized spectrum users. See File No. SAT-STA-20080516-00104 (granted July 15, 2008).

I. GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST The Commission has a long-standing policy of granting Special Temporary Authority where such authorization will not cause harmfwl interference and will serve the public interest, convenience and necessity? The proposed operations meet both of these tests. DISH Network completed in-orbit testing of the satellite on August 5, 2008, and began to relocate the satellite to 110.0" W.L. on August 6, 2008.3 All transponders (other than the TT&C transponders) on the satellite have been turned off during the relocation maneuvers. Once the satellite reaches 110.0" W.L., which is now expected to occur on or around August 21, it will Just as it is in the public interest to operate begin DBS operation pursuant to regular a~thority.~ EchoStar 11 at 110.0" W.L.,5 it is also in the public interest for the satellite to continue to be moved to that location from its in-orbit testing location. DISH Network will coordinate the move so that its TT&C communications (on 17.794 and 17.797 GHz for command, and 12.208 GHz, 12.692 GHz and 12.693 GHz for telemetry) do not cause harmful interference into any authorized user of the spectrum (including DISH Network and DIRECTV's satellites at 129" W.L. and 119" W.L.) while en route. DISH Network will also ensure the safety of all spacecraft using that portion of the geostationary arc during the relocation. 2 See, eg., In the Matter of Newcomb Communications, Inc., Order and Authorization, 8 FCC Rcd 363 1, 3633 (1993); In the Matter of Columbia Communications Corp., Order, 1 1 FCC Rcd 8639, 8640 (1996); In the Matter ofAmerican Telephone & Telegraph Co., Order, 8 FCC Rcd 8742 (1 993). 3 See Letter to Marlene H. Dortch, Secretary, FCC, from Petra A. Vonvig, Counsel for DISH Network Corporation, dated August 12,2008. DISH Network has received separate authority to move EchoStar 8 from 110.0" W.L. to 109.8" W.L. and to transfer traffic from that satellite to EchoStar 1 1. See SAT-STA-200805 16- 00 105 (granted July 24,2008). See Stamp Grant, File No. SAT-LOA-20070622-00085, Call Sign S2738 (granted Jan. 1 1,2008) ("EchoStar 11 Grant"). 2

11. SECTION 304 WAIVER In accordance with Section 304 of the Communications Act of 1934,47 U.S.C. €j304, DISH Network hereby waives any claim to the use of any particular frequency or of the electromagnetic spectrum because of the previous use of the same, whether by license or otherwise. 111. CONCLUSION For the foregoing reasons, DISH Network respectfully requests renewal of its STA to complete the move of the EchoStar 11 satellite from its testing location, 138.5" W.L. to 110.0" W.L. During the relocation, all transponders other than the TT&C transponders will be switched off, and DISH Network will operate the satellite subject to the following conditions: (a) DISH Network shall coordinate all drift orbit operations with other potentially affected in-orbit operators. (b) No harmhl interference will be caused to any lawfully operating satellite network or radio communication system, and DISH Network operations will cease immediately upon notification of harmful interference. Further, DISH Network shall notifjl the Commission immediately, in writing, of such an event. (c) DISH Network will accept interference from any lawfully operating satellite network or radio communication system. Respectfully submitted, EchoStar Satellite Operating L.L.C. /S/ Pantelis Michalopoulos Linda Kinney Petra A. Vorwig Vice President, Law and Regulation Steptoe & Johnson LLP Brad Gillen 1330 Connecticut Avenue N.W. Director and Senior Counsel Washington, D.C. 20036 EchoStar Satellite Operating L.L.C. (202) 429-3000 1233 20thStreet, NW Suite 302 Counselfor EchoStar Satellite Washington, DC 20036-2396 Operating L.L. C. (202) 293-098 1 August 13,2008 3


Document Created: 2008-08-15 15:17:57
Document Modified: 2008-08-15 15:17:57
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