Attachment grant

grant

DECISION submitted by IB,FCC

grant

2008-10-16

This document pretains to SAT-STA-20081008-00202 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2008100800202_670981

$2439 SAT—STA—20081008—00202 1B2008002429 EchoStar Corporation Approved by OMB 3060—0678 Date & Time Filed: Oct 8 2008 1:48:35:323PM File Number: SAT—STA—20081008—00202 Callsign: FEDERAL COMMUNICATIONS COMMISSION APPLICATION FOR SPACE STATION SPECIAL TEMPORARY AUTHORITY FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: Special Temporary Authority to Continue to Move EchoStar 8 to 77 W.L. 1. Applicant Name: EchoStar Corporation Phone Number: 303—723—1000 DBA Name: Fax Number: Street: 90 Inverness Circle E. E—Mail: City: Englewood State: CO Country: USA Zipcode: 80112 — Attention: Linda Kinney — (202)293—0981 pur‘%—wfi’f&c“&h& comsRyoo& J me &Q@\\L&‘GQ‘O o Fro: GRANTED Svrrmmemmmere * To: P § M ,M International Bureau Approved: W2 £ 4

2. Contact 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? «y IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). {} Governmental Entity 3 Noncommercial educational licensee esd Other(please explain): 4b. Fee Classification 5. Type Request ¢74 Change Station Location ) Extend Expiration Date g34 Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 2008—11—11 00:00:00.0

8. 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 Corporation seeks to renew its special temporary authority to move the EchoStar 8 satellite from 109.8 W.L. to 77 W.L. Please see attached narrative. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes gzy No to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act of 1988, 21 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. 10. Name of Person Signing 11. Title of Person Signing Linda Kinney Vice President, Law and Regulation 12. Please supply any need attachments. Attachment 1: STA Narrative Attachment 2: Attachment 3: WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).

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@fee.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 L&AW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 No Ne se ht t Ne ht NN N! In the Matter of ECHOSTAR CORPORATION File No. SAT—STA—20080616—00122 For Special Temporary Authority to Move File No. SAT—STA—2008 i0 @3 — g020,) the EchoStar 8 Satellite from 109.8° W.L. Call Sign $2439 to 77° W.L. APPLICATION TO RENEW SPECIAL TEMPORARY AUTHORITY EchoStar Corporation ("EchoStar") respectfully requests renewal of its Special Temporary Authority ("STA") for an additional 30 days to permit it to complete the move of the EchoStar 8 satellite from the 109.8° W.L. orbital location, where it has been operating as an in— orbit spare, to 77° W.L. This authority is set to expire on October 12, 2008.‘ The extension of the above referenced STA is necessary to allow EchoStar to complete the relocation of the EchoStar 8 satellite to 77° W.L. As explained in the narrative submitted with the original STA request, the move of EchoStar 8 to 77° W.L., where it will augment the services provided by the EchoStar 4 satellite, serves the public interest and does not adversely affect the operations of any other spacecraft or of other authorized spectrum users. See File No. SAT—STA—20080616—00122 (granted August 12, 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 harmful interference and will serve the public interest, convenience and necessity.2 The proposed operations meet both of these tests. The EchoStar 11 satellite arrived at the nominal 110° W.L. and completed transferring traffic from EchoStar 8 on August 27, 2008. On September 15, 2008, EchoStar began to move the EchoStar 8 satellite to 77° W.L. pursuant to the Commission‘s 30—day temporary authority." The satellite has since been moving at a pace of about 0.7 degrees a day. All transponders (other than the TT&C transponders) on the satellite have been turned off during the relocation maneuvers. Once the satellite reaches 77° W.L., which is expected to occur by the first week of November, it will be available to begin DBS operations as soon as EchoStar receives Commission authority to operate." Just as it was in the public interest to initially authorize EchoStar to move the satellite to 77° W.L.," it is also in the public interest for the satellite to be authorized to complete its relocation maneuver. EchoStar will continue to coordinate the move so that its TT&C communications do not cause harmful interference into any authorized user of * See, e.g., In the Matter ofNewcomb Communications, Inc., Order and Authorization, 8 FCC Red 3631, 3633 (1993); In the Matter of Columbia Communications Corp., Order, 11 FCC Red 8639, 8640 (1996); In the Matter ofAmerican Telephone & Telegraph Co., Order, 8 FCC Red 8742 (1993). > See File No. SAT—STA—20080616—00122 (granted Sep. 12, 2008). * EchoStar has filed a separate application for temporary authority to provide DBS service into the U.S. from the 77° W.L. orbital location, which remains pending. See File No. SAT—STA—20080616—00121 (filed June 16, 2008). EchoStar subsequently filed a modification to its blanket earth station license to provide service from EchoStar 8 operating as a Mexican— licensed satellite once the Administrations have completed the necessary exchange of letters. See File No. SES—MFS—20080724—00977 (filed July 24, 2008). ° See Stamp Grant, File No. SAT—STA—20080616—00122, Call Sign $2439 (granted Sep. 11, 2008).

the spectrum while en route. EchoStar will also ensure the safety of all spacecraft using that portion of the geostationary arc during the relocation. II. 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 of any particular frequency or of the electromagnetic spectrum because of the previous use of the same, whether by license or otherwise. III. CONCLUSION For the foregoing reasons, EchoStar respectfully requests renewal of its STA for an additional 30 days to move the EchoStar 8 satellite from 109.8° W.L., where it has been operating as an in—orbit spare, to 77° W.L. During the relocation, all transponders other than the TT&C transponders will be switched off, and EchoStar will operate the satellite subject to the following conditions: (a) EchoStar shall coordinate all drift orbit operations with other potentially affected in— orbit operators. (b) No harmful interference will be caused to any lawfully operating satellite network or radio communication system, and EchoStar operations will cease immediately upon notification of harmful interference. Further, EchoStar shall notify the Commuission immediately, in writing, of such an event. (c) EchoStar will accept interference from any lawfully operating satellite network or radio communication system. ( _ ies SEt—STR—200@éICGs "QXZB?O;& Call Sign Grant Date SC)! \6\08 (or other identifier) Term Dates From To: GRANTED

Respectfully submitted, EchoStar Corporation /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 Corporation (202) 429—3000 1233 20°" Street, NW Suite 302 Counselfor EchoStar Corporation Washington, DC 20036—2396 (202) 293—0981 October 8, 2008


Document Created: 2008-10-16 09:26:26
Document Modified: 2008-10-16 09:26:26
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