Attachment grant

grant

DECISION submitted by IB,FCC

grant

2009-05-28

This document pretains to SAT-STA-20090430-00049 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2009043000049_714039

ile # PT— —200go0423—t&oo‘t) S2658 SAT—STA—20090430—00049 1B2009001174 | Fiie«# SEYV Sm Poone on | EchoStar Satellite Operating L.L.C. Call Sign %265%_ Grant Date_05/2%/03 (or other identifier) a. MMISS~S 3 nos os/ie/os Term Dates for period Approved by OMB of O days 3060—0678 GRANTED /j Z}[%_Z/ Date & Time Filed: Apr 30 2009 5:16:19:756PM International Bureau Approved: File Number: SAT—STA—20090430—00049 ¥subedt to | Stepher! J. Duall Callsign: eendiFions C\meF PO"Qj Branch 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 STA to Relocate EchoStar 5 from 129 W.L. and to Locate it at 147.925 W.L. 1. Applicant Name: EchoStar Satellite Operating L.L. Phone Number: 303—723—1000 C. DBA Name: Fax Number: 303—723—1699 Street: 9601 South Meridian Boulevard E—Mail: City: Englewood State: CO Country: USA Zipcode: 80112 — Attention: Linda Kinney —(202)293—0981

Attachment EchoStar Satellite Operating L.L.C. File No. SAT—STA—20090430—00049 Call Sign: $2658 May 28, 2009 EchoStar Satellite Operating L.L.C.‘s request, File No. SAT—STA—20090430—00049, is GRANTED. Accordingly, EchoStar Satellite Operating L.L.C. (EchoStar) is authorized, for a period of 60 days commencing on May 16, 2009, to conduct Telemetry, Tracking, and Command (TT&C) operations with the EchoStar 5 satellite to effect the drift of the EchoStar 5 satellite from the 129° W.L. orbital location to the 147.925° W.L. orbital location. During the drift from 129° W.L. to the 147.925° W.L. orbital location, EchoStar is authorized to use the 17301.0 MHz frequency for telecommand, and the 12201—12202 MHz frequencies for telemetry. This authorization shall be in accordance with the technical specifications set forth in EchoStar‘s application, the Commission‘s rules, and is subject to the following conditions: 1. All operations during the drift shall be on an unprotected and non—harmful interference basis, i.e., EchoStar shall not cause harmful interference to, and shall not claim protection from, interference caused to it by any other lawfully operating radiocommunication station. 2. In the event of any harmful interference during EchoStar 5s drift to the 147.925° W.L., EchoStar shall cease operations immediately upon notification of such interference and EchoStar shall inform the Commission in writing within three days of such an event. 3. During the drift to, and while located at the 147.925° W.L. orbital location, EchoStar may not operate EchoStar 5‘s communications payload. 4. Any action taken or expense incurred as a result of operations pursuant to this special temporary authority is solely at EchoStar‘s own risk 5. This action is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, 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.E.R. §§ 1.106, 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken. | rile#_ ShT— S1— 200904 306—00049 Call Sign 52658 Grant Date o5/28/09 (or other identifier) \Emeose Term Dates for. pecioc. ' Trom ©5/16/09 To of 60 days GRANTED® ————7; : /FJ International Bureau Approved: o Lt((,fl i collduld * sSubjec to _ SteghehI. Duall * condcition$s Ch\c(; Pofi(‘& 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 — 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 JID 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). gy Governmental Entity g*y Noncommercial educational licensee £74 Other(please explain): 4b. Fee Classification 5. Type Request £34 Change Station Location {74 Extend Expiration Date «, Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date

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 Satellite Operating L.L.C. requests to renew its STA for an additional 60 days to relocate the EchoStar 5 satellite from 129 W.L. and to locate the satellite at the specific 147.925 W.L. location. See attached narrative. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes «y No to a denial of Federal beneffits 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).

ECC 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@fec.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 NN N N NNN NNN In the Matter of ECHOSTAR SATELLITE OPERATING L.L.C. File No. SAT—STA—20081003—00201 File No. SAT—STA—20090312—00035 For Special Temporary Authority to Relocate File No. SAT—STA—2009 — the EchoStar 5 Satellite from 129° W.L. to Call Sign $2658 147.925° W.L. APPLICATION TO RENEW SPECIAL TEMPORARY AUTHORITY AND END TO RELOCATION EARLY AT 147.925° W.L. EchoStar Satellite Operating L.L.C. ("DISH") respectfully requests renewal of its Special Temporary Authority ("STA*") for an additional 60 days to permit it to complete the move of the EchoStar 5 satellite from the 129° W.L. orbital location, where it has been operating as a Canadian—licensed satellite, to its authorized nominal orbital location at 148° W.L.‘ This STA is set to expire on May 15, 20092 DISH also requests authority to end the satellite relocation early so that the satellite will be located at 147.925° W.L. rather than 148° W.L. as previously requested." The satellite will be located at 147.925° W.L. to ensure a safe cohabitation in the cluster with the EchoStar 1 satellite operating at 148.025° W.L." The extension of the above referenced ‘ File No. SAT—A/O—20081003—00215 (granted Feb. 3, 2009). * See File No. SAT—STA—20090312—00035 (granted Apr. 3, 2009). * In conjunction with this Application, DISH is also filing a modification of its authority to operate to request authority to locate the satellite at, and operate it from, 147.925° W.L. See SAT—MOD—2009 — (filed April 30, 2009). * EchoStar 1 operates at a center orbital location of 148.025° W.L., within +0.05° ofits authorized 148.0,° W.L. orbital location. See 47 C.E.R. 25.210(j).

STA is necessary to allow DISH to complete the relocation of the EchoStar 5 satellite to 147.925° W.L. As explained in the narrative submitted with the original STA, the move of the 32—transponder EchoStar 5 satellite to the 148° W.L. cluster, will replace the EchoStar 2 satellite (which is no longer under DISH‘s control) and free up the EchoStar 1 satellite (operating on the 16 odd DBS channels) for redeployment." In addition, locating the satellite at a safe orbital distance from EchoStar 1 serves the public interest and does not adversely affect the operations of any other spacecraft or other authorized spectrum users. 1. 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.© The proposed operations meet both of these tests. The Ciel 2 satellite arrived at the nominal 129° W.L. orbital location and DISH began transferring traffic from EchoStar 5 on February 3, 2009. Because traffic transfer took longer than expected, DISH began to relocate EchoStar 5 to 147.925° W.L. on April 29, 2009, and expects the satellite to reach 147.925° W.L. on or around May 26, 2009. Just as it was in the public interest to initially authorize DISH to move the satellite to the 148° W.L. cluster," it is also in the public interest for the satellite to be authorized to complete its relocation maneuver. ° DISH has requested authority to relocate EchoStar 1 to, and operate it from, the 77° W.L. orbital location. File Nos. SAT—STA—20090130—00013, SAT—STA—20090130—00014 (filed Jan. 30, 2009). 6 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 Stamp Grant, File No. SAT—STA—20081003—00201, Call Sign $2658 (granted Jan. 7, 2009).

It is also in the public interest to allow DISH to end the satellite relocation maneuvers early to locate tfie satellite at 147.925° W.L. In order for EchoStar 1 and 5 to operate together temporarily at the nominal 148° W.L. orbital location, DISH has determined that the EchoStar 5 satellite should be located at 147.925° W.L. to ensure safe cohabitation with EchoStar 1 operating at 148.025° W.L. Because there are no other satellites operating at the nominal 148° W.L. orbital location, the precise location of EchoStar 5 within the 148° W.L. cluster is of no matter for any other operator. DISH will coordinate the move of EchoStar 5 to 147.925° W.L. so that its TT&C communications do not cause harmful interference into any authorized user of the spectrum while en route. DISH will also ensure the safety of all spacecraft using that portion of the geostationary arc during the relocation. IL. SECTION 304 WAIVER In accordance with Section 304 of the Communications Act of 1934, 47 U.S.C. § 304, DISH 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, DISH respectfully requests renewal of its STA for an additional 60 days to move the EchoStar 5 satellite from 129° W.L. and to end the relocation early to locate the satellite at 147.925° W.L. During the relocation, DISH will adhere to all of the conditions imposed on the original STA‘ 8 Stamp Grant, File No. SAT—STA—20081003—00201 (granted Jan. 7, 2009).

Respectfully submitted, EchoStar Satellite Operating L.L.C. 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 Satellite Operating L.L.C. (202) 429—3000 1233 20th Street, N.W. Suite 302 Counselfor EchoStar Satellite Operating Washington, DC 20036—2396 L.L.C. (202) 293—0981 April 30, 2009


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