Attachment grant

grant

DECISION submitted by IB,FCC

grant

2009-10-01

This document pretains to SAT-STA-20090422-00045 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2009042200045_744548

Ml}# SBT—sT—200804¢422— ooo04S Call Sign m-ng__f;mmljum i0 Joi/os || ‘ 't’ E (or other identifier) & ’ Term Dates pericd of Approved by OMB ......_ote 04 /28 /os ; From iopnncch 180 degs 3. mm 3060—0678 ED Date & Time Filed: Apr 22 2009 6:07:38:940PM |_Intomational Burcau || Approved: Mflfi File Number: SAT—STA—20090422—00045 FalGedto _ StepHeh 3. Pua|! h Callsign: condiftions Chief, alicy Branc 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: _ Request to Renew Special Temporary Authority to Operate EchoStar 8 at 77 W.L. for 180 Days 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

ATTACHMENT IBFS File Nos. SAT—STA—20090422—00045 Call Sign: $2439 Grant Date: October 1, 2009 EchoStar Corporation‘s (EchoStar) request for special temporary authority, File No. SAT—STA— 20090422—00045 IS GRANTED. Accordingly, EchoStar is authorized to continue to conduct Tracking, Telemetry, and Command (TT&C) necessary to maintain the EchoStar 8 satellite at the 77° W.L. orbital location, and is authorized to operate the EchoStar 8 satellite at that location for 180 days commencing April 28, 2009, subject to the following conditions: 1. At the 77° W.L. orbital location, Echostar shall operate the EchoStar 8 satellite in accordance with the operator arrangement referenced in the Letter dated October 23, 2008 from William M. Wiltshire, Counsel for DIRECTV Enterprises, LLC to the Secretary of the Federal Communications Commission (FCC). 2. All operations of the EchoStar 8 satellite at the 77° W.L. orbital location shall be on a non—harmful interference basis. EchoStar shall not cause harmful interference to, and shall not claim protection from interference caused to it, by any other lawfully operating satellite or radio communication service. 3. In the event of any harmful interference as a result of EchoStar‘s operation of the EchoStar 8 satellite at the 77° W.L. orbital location, EchoStar shall cease operations immediately upon notification of such interference and shall inform the FCC, in writing, immediately of such an event. 4. EchoStar shall inform its customers that operations at the 77° W.L. orbital location from the EchoStar 8 satellite are on a non—harmful interference basis, and that EchoStar must cease operations upon notification of such interference. File # SFKT—SiP—200304¢22—600 45 "all Sig032433 Grant Date_ 10701683 (or other identifier) m Term Dates peried of ’ 0‘4/2 6/09 To: 1§o daag tEens | From ED [ ’ | Bureau_| MH;QM Approved: W 3. Duall STChé:( *60@«.‘* "ro Conditions CNep Pohc\«) Branch

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 —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 SATSTA2008061600121 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). J Governmental Entity C Noncommercial educational licensee g£74 Other(please explain): 4b. Fee Classification 5. Type Request ¢y Change Station Location {*y Extend Expiration Date f&, Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 77 W.L. 2009—10—26 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 operate the EchoStar 8 satellite under U.S. authority at 77 W.L. for 180 days pending transfer of the satellite to Mexican authority. See attached narrative. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes gy 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: 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 PRA@fce.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.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 NZJNZ/NZNZ NNN N/ N/ N/ In the Matter of: ECHOSTAR CORPORATION File No. SAT—STA—20080616—00121 File No. SAT—STA—2009 Application for Renewal of Special Temporary Authority To Operate EchoStar 8 at 77° W.L. for 180 days APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY EchoStar Corporation ("EchoStar") requests renewal of its special temporary authority ("STA")‘ to operate the EchoStar 8 satellite as a U.S.—licensed satellite serving the U.S. from 77° W.L. for an additional 180 days pending grant of authority to transfer the satellite to Mexican authority." This STA is set to expire on April 28, 2009. Grant of this renewal request will serve the public interest and not cause harmful interference to any authorized user of the spectrum. Allowing EchoStar 8 to continue service at the 77° W.L. orbital location will support EchoStar‘s continued effort to make a greater variety ‘ See File No. SAT—STA—20080616—00121 (granted Oct. 31, 2008) ("STA Application"). The information provided in the original application for STA is incorporated in this application by reference. > On February 17, 2009, EchoStar filed an application to transfer the EchoStar 8 satellite to QuetzSat, S. de R.L. de C.V. which will operate the satellite at the 77° W.L. orbital location under Mexican authority. The transfer application did not request authority to assign or transfer control over any authorization granted by the Commission. See File No. SAT—T/C—20090217— 00026 (filed Feb. 17, 2009). EchoStar has requested authority to provide service from the satellite once it is transferred to Mexican authority. File No. SES—MFS—20080724—00977 (filed July 24, 2008).

and quality of programming services available to U.S. consumers, including high definition television services and "local—into—local" broadcast stations from that orbital location. In addition, the redeployment of EchoStar 8 from its location at 110° W.L. has enlarged and will continue to enlarge the scope of U.S. coverage from the 77° W.L. orbital location, enabling nearly full CONUS coverage. As described in EchoStar‘s STA Application, EchoStar‘s partner, QuetzSat S. de R.L. de C.V. ("QuetzSat"), has confirmed that the Mexican Administration does not object to the interim operation of EchoStar 8 as a U.S. satellite at 77° W.L. to provide service to the United States, provided that the satellite operates in conformance with the technical characteristics in QuetzSat‘s BSS Concession." L. BACKGROUND AND INTRODUCTION As explained in the S74 Application, on April 18, 2006, the Commission granted EchoStar‘s sister company, EchoStar Satellite LLC, authority to provide Direct Broadcast Satellite ("DBS") service to the southern United States from EchoStar 4 as a Mexican—licensed satellite located at 77° W.L.* The operation of EchoStar 4 at 77° W.L. is governed by an agreement between EchoStar and SES Global Latin America, S.A. ("SES")," and a related agreement between SES and QuetzSat. Consistent with these agreements, the EchoStar4 * See Secretariat of Communications and Transportation Vice—Ministry of Communications, Concesion Para Ocupar La Posicion Orbital Geoestacionaria 77° Oeste Asignada al Pais y Explotar Sus Respectivas Bandas de Frecuencias 12.2 — 12.7 GHz y 17.3—17.8 GHz, Asi como los Derechos de Emision y Recepcion de Sefiales, granted February 2, 2005 ("BSS Concession"), filed in STA Application, Attachment 2. * EchoStar Satellite LLC, Order and Authorization, DA 06—868, 21 FCC Red 4077 (2006) (°77°W.L. Order"). ° See Satellite Relocation and Use Agreement for the 77° W.L. Orbital Location ("77° W.L. Agreement"), as amended, filed in STA Application, Attachment 3. 2.

satellite is currently operating as a Mexican—licensed satellite under the direct control of QuetzSat pursuant to the February 2, 2005 BSS Concession, which allows QuetzSat to use the 77° W.L. orbital location.© In addition, EchoStar has received authority to serve the United States from EchoStar 4 as a foreign-licensed' satellite.‘ The EchoStar 4 satellite, however, can only provide service to the southern United States from 77° W.L.* The parties have amended the 77° W.L. Agreement to allow EchoStar to operate EchoStar 8 at 77° W.L. temporarily as a U.S.—licensed satellite, and the sate;llite has been providing service at that orbital location since last Fall. The satellite is also being used to provide a DBS service to Mexico." Once EchoStar receives authority to transfer the satellite to Mexican authority, EchoStar expects that EchoStar 8 will remain in operation at 77° W.L. until the deployment at that location of the QuetzSat—1 satellite, planned for a 2011 launch. ° See BSS Concession, filed in STA Application, Attachment 2. ‘ See 77°W.L. Order at § 1. As EchoStar has previously advised the Commission, on January 1, 2008, EchoStar Communications Corporation ("ECC") assigned several satellite space station and earth station assets previously owned by its subsidiaries to EchoStar (the "Spin— Off"). See Public Notice, DA 07—4655 (rel. Nov. 16, 2007) (consenting to the transfer of several authorizations as part of the Spin—Off). EchoStar Satellite Operating LLC‘s blanket earth station license and its authority to operate U.S. feeder link and TT&C earth stations with the EchoStar 4 satellite were assigned to EchoStar as part of the Spin—Off. ® See EchoStar Satellite LLC, Supplement to Petition for Reconsideration, filed in File No. SAT—STA—20050321—00068, at 5 (June 14, 2005); see also Letter from Pantelis Michalopoulos, Counsel for EchoStar Satellite LLC, to Marlene H. Dortch, Secretary, FCC, filed in File No. SAT—STA—20050321—00068, Appendix A, dated May 10, 2005. ° See Amendment to the Commission‘s Regulatory Policies Governing Domestic Fixed Satellites and Separate International Satellite Systems and DBSC Petition for Declaratory Rulemaking Regarding the Use of Transponders to Provide International DBS Service, Report and Order, 11 FCC Red 2429, [ 70 (1996); see also Protocol Concerning the Transmission and Reception of Signals from Satellites for the Provision of Direct—to—Home Satellite Services in the United States of America and the United Mexican States, U.S.—Mx., Nov. 8, 1996, available at http://www.fec.gov/ib/sand/agree/files/satellite/mex—dth.pdf. —3.

IL. GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST The same conditions that led the Bureau to grant the STA to operate EchoStar 8 at 77° W.L. remain applicable in this case. EchoStar is able to take advantage of the greater capabilities that EchoStar 8 brings to bear compared to EchoStar 4 to provide increased programming to U.S. consumers from 77° W.L. while QuetzSat constructs the QuetzSat—1 sa;tellite. Among other things, the satellite is used to provide HD local—into—local broadcast stations and other HD programming into the United States. The satellite also helps expand the coverage available from the 77° W.L. orbital location to cover nearly all of the continental United States. EchoStar 4 suffers from two infirmities: limited capacity and limited scope of coverage over the United States. The Commission found that even this limited service from the Mexican orbital slot at 77° W.L. "could serve the public interest by providing service to areas in the Southern United States, including additional Spanish language programming to areas with significant Spanish—speaking populations.”10 The redeployment of EchoStar 8 at 77° W.L. has achieved this and more, as it ameliorates both of EchoStar 4s defects. It greatly enhances the programming available from 77° W.L. to U.S. customers, and it also enhances the scope of U.S. coverage beyond the southern states. Such improvements in scope of coverage and available capacity, allows EchoStar‘s affiliated DBS provider, DISH, to compete more effectively with terrestrial MVPD distributors — both the established cable operators and telephone companies — whose infrastructure endows them with significantly more bandwidth and programming capacity than is available to DISH. See 77° W.L. Order at % 8.

Moreover, as noted in the STA Application, the public interest benefits that accrue from operating EchoStar 8 at 77° W.L. can be achieved without causing harmful interference to other satellites."‘ There is no DBS orbital location in the vicinity of 77° W.L. that is assigned to the United States (the closest U.S. location is 61.5° W.L.), and no harmful interference from the operation of an additional satellite at 77° W.L. into Canada‘s DBS allotments at 72.5° W.L. and 82° W.L. In that respect, EchoStar notes that Canada has modified the coverage of its 72.5° W.L. orbital location to include the United States, and DIRECTV is authorized to serve the United States from its DIRECTV 1R satellite operating at that slot." Upon renewal of this STA, EchoStar will continue to operate the EchoStar 8 so that it is within the specifications of the 1996 Mexican ITU modification over all points in Canada and the United States, as well as with the existing coordination agreements between the Administrations of Canada and Mexico and/or any future coordination agreements. Finally, EchoStar will continue to operate the EchoStar 8 satellite at 77° W.L. in accordance with conditions set out the October 31, 2008 STA grant." III. WAIVER PURSUANT TO SECTION 304 OF THE ACT In accordance with Section 304 of the Communications Act of 1934, as amended, 47 U.S.C. § 304, EchoStar hereby waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise. U See File No. SAT—STA—20080616—00121, Narrative. EchoStar is also authorized to serve the United States from 72.7° W.L. over the EchoStar 6 satellite operating under Canadian authority. SES—LFS—20080512—00595 (granted July 28, 2008). 3 See File No. SAT—STA—20080616—00121 (granted Oct. 31, 2008),

IV. CONCLUSION For the foregoing reasons, EchoStar respectfully requests the renewal of its application for special temporary authority to operate EchoStar 8 as a U.S.—licensed satellite at 77° W.L. for 180 days pending grant of authority to transfer the satellite to Mexican authority. Respectfully submitted, Is/ 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 20th Street, NW. Counselfor EchoStar Corporation Suite 302 Washington, DC 20036—2396 (202) 293—0981 April 22, 2009


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