Attachment EchoStar-Grant Defer

EchoStar-Grant Defer

DECISION submitted by IB,FCC

decision

2010-02-12

This document pretains to SAT-STA-20100203-00020 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010020300020_799907

                                                                            File# SAT— STD—20l100203—00020

                                                                            Calt Sign $22.32 Grant Date 02/12/16
                                                                            (or other
                                                                                  ther identifier)
                                                                                       identifier      Torm Dates   Pericd of           Approved by OMB

                                                       o      l            1 From o2/1s/16                    To:       0‘035                 3060—0678

Date & Time Filed: Feb 3 2010 6:19:25:510PM               ional Bureau | Approved:                    %é;),flfll/fl/                   3
File Number: SAT—STA—20100203—00020               *subject to atached                                Stebhén/J. Dvual)          '
Callsign:                                                 Conditions                             Chief,     Sktellite Pol]c:} 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:
Special Temporary Authority to Relocate EchoStar 6 to 61.65 W.L. and Operate It as an In—Orbit Spare
1. Applicant

            Name:        EchoStar Corporation               Phone Number:                                303—723—1000
            DBA Name:                                       Fax Number:

            Street:      100 Inverness Terrace East         E—Mail:


            City:        Englewood                          State:                -                      CO
            Country:      USA                               Zipcode:                                     80112        —

            Attention:   Linda Kinney —(202)293—0981


                                       Attachment to Grant
                                      EchoStar Corporation
                             IBFS File No. SAT—STA—20100203—00020

           The request of EchoStar Corporation (EchoStar), IBFS File No. SAT—STA—20100203—

00020, is GRANTED IN PART AND DEFERRED IN PART. Accordingly, EchoStar is

authorized, for a period of 60 days commencing on February 15, 2010, to conduct Telemetry,

Tracking, and Telecommand (TT&C) operations necessary to drift the EchoStar 6 space station,

Call Sign $2232, from the 72.7° W.L. orbital location to the 61.65° W.L. orbital location.

EchoStar is authorized to use the 14,002.5 MHz and 17,305 MHz frequencies for telecommand

and the 12,203 and 12,204 MHz frequencies for telemetry during these operations. We defer

action on EchoStar‘s request to operate EchoStar 6 at the 61.65° W.L. orbital location

temporarily as an in—orbit spare. 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 6‘s drift to the 61.65°

W.L. orbital location, 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 the 61.65° W.L. orbital location, EchoStar may not operate

EchoStar 6‘s communications payldad.

           4.    EchoStar‘s request for a waiver of Section 25.202(g) of the Commission‘s rules,

47 C.F.R. § 25.202(g), is granted. Section 25.202(g) requires that "telemetry, tracking and


                                      Attachment to Grant
                                     EchoStar Corporation
                            IBFS File No. SAT—STA—20100203—00020

telecommand (TT&C) functions for U.S. domestic satellites shall be conducted at either or both

edges of the allocated band(s). Ffequencies, polarization, and coding shall be selected to

minimize interference into other satellite networks and within their own satellite system."

EchoStar requests waiver of this rule provision to allow it to conduct TT&C in the 14 GHz

frequency band during drift of the EchoStar 6 space station to 61.65° W.L. This waiver grant is

based upon the following findings:

                (a) DIRECTV 1R at 72.5° WL and EchoStar 6 are both designed to receive

telecommand communications on the same 17 GHz frequency, and neither satellite is capable to

receive telecommand communications on any other 17 GHz frequency;

                (b) EchoStar needs to operate telecommand functions for the EchoStaf 6 space

station outside of the 17 GHz frequency band in order to avoid interference to DIRECTV 1R

when drifting EchoStar 6 from its current location of 72.7° WL;

                (c) EchoStar needs to operate telecommand functions with EchoStar 6 in order to

ensure safe operation of the space station during the drift from 72.7° WL to 61.65° WL;

                (d) EchoStar will coordinate drift operations of EchoStar 6 with other space

stations to avoid interference, and will operate EchoStar 6 on a non—interference basis during

drift operations.

                (e) EchoStar will conduct all TT&C operations in the 17 GHz band once

EchoStar 6 reaches the 61.65° W.L. orbital location.

        5.      Any action taken or expense incurred as a result of operations pursuant to this

special temporary authority is solely at EchoStar‘s own risk.

        6.      Grant of this authorization is without prejudice to any determination that the

Commission may make regarding EchoStar‘s pending applications seeking to relocate the


                                      Attachment to Grant
                                     EchoStar Corporation
                            IBFS File No. SAT—STA—20100203—00020

EchoStar 12 space station to the 61.35° W.L. orbital location (IBFS File No. SAT—STA—

20100203—00021) and seeking a license to maintain EchoStar 6 at 61.65° W.L. as an in—orbit

space (IBFS File No. SAT—LOA—20100203—00119).

       7.        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.F.R. §§ 1.106, 1.115, may be filed within 30 days of the date of the

public notice indicating that this action was taken.



            C cart in part ; Deferred in                       part
       .....e               Tile#     SBT— siP— 2010 6203 00620


                             Call Sign $2232.          Grant Date 02-/'2/10__«
                                                                      §
                             (or other identifier)
                                                       Torm Dates Period of
                             From_@2/15/10                    To: & dafls

             L koi Approved:                     /(bé;)/} D@LLQZ/ B
                                                 S*Z’Pfif"{ 3. DBuall
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                Fondshons                             nief,                J
                                                                                 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:


   (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).
«4 Governmental Entity       g*y Noncommercial educational licensee
C Other(please explain):

4b. Fee Classification

5. Type Request


& Change Station Location                           (o] Extend Expiration Date                       g£4 Other


6. Temporary Orbit Location                                                7. Requested Extended Expiration Date
        61.65 W.L.


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 Special Temporary Authority to relocate EchoStar 6 to 61.65 W.
     L.,   and to operate it as an in—orbit spare.                           See attached narrative.




9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes               (ed 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).


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                                            Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                                    Washington, D.C. 20554




                                                     N/ NZNZ NN NNN NT
In the Matter of

ECHOSTAR CORPORATION
                                                                         File No. SAT—STA—2010
Application for Special Temporary Authority
To Move EchoStar 6 to, and Operate it as an
In—Orbit Spare at 61.65° W.L.



              APPLICATION FOR SPECIAL TEMPORARY AUTHORITY‘

       By this Application, EchoStar Corporation ("EchoStar") requests special temporary

authority ("STA") for 60 days (a) to move the EchoStar 6 satellite from its current orbital

position at 72.7° W.L., where it is operating under Canadian authority, to the 61.65° W.L. orbital

location; and (b) to operate the satellite at 61.65° W.L. This temporary move is necessitated by

the recent loss of additional transponder capacity on EchoStar 3. In light of the timing

exigencies posed by this further, and unforeseen, loss, EchoStar requestsaction by no later than

February 15, 2010.

       EchoStar is cuqently operating two Direct Broadcast Satellite ("DBS") service satellites

at the nominal 61.5° W.L. orbital location — EchoStar 3 and EchoStar 12 (formerly Rainbow 1).

As the Commission is aware, EchoStar 3 has experienced several transponder failures due to

Traveling Wave Tube Amplifier ("TWTA") anomalies, and has been operating at reduced

         ‘ Concurrent with this application, EchoStar is filing (1) an application to operate the
satellite as an in—orbit spare and to activate the communications payload as needed; (2) STA
applications to operate five transmit/receive earth stations to provide TT&C service to EchoStar
6 during its relocation to 61.65° W.L. ("Relocation STAs"); and (3) STA applications to operate
three transmit/receive earth stations to provide TT&C and feeder link communications for
EchoStar 6 once it is located at 61.65° W.L. ("On—Station STAs").


capacity." On January 7, 2010, EchoStar 3 experienced another TWTA anomaly further

diminishing its operating capacity. As a result of this failure, EchoStar will not be able to

maintain the current level of service provided from 61.5° W.L. unless it relocates at least one

additional satellite to the orbital location. EchoStar, therefore, requests authority to temporarily

relocate EchoStar 6 to 61.65° W.L. where it will be maintained as an in—orbit spare and will

supplement, as needed, the service provided by EchoStar 3 and EchoStar 12 to maintain regular

programming.

       The proposed redeployment will ensure that EchoStar‘s customer, DISH Network

Corporation, will be able to continue providing high—quality DBS service to consumers without

any service interruptions until EchoStar‘s EchoStar 15 satellite begins operating at 61.5° W.L."

EchoStar 15, a 32—transponder—capable DBS satellite, is expected tov effectively replace EchoStar

3 and will be ready for launch by the fourth quarter of 2010." Upon launch and successful

testing of EchoStar 15, EchoStar currently expects to return EchoStar 6 to its current home —

72.7° W.L. EchoStar has been advised by its partner, Telesat Canada, which has the license for

that Canadian orbital 1oca£ion, that the move from, and return to, 72.7° W.L. is not likely to

cause regulatory concern on the part of Industry Canada. In any event, any redeployment of




         See EchoStar 3 Status Report, File No. SAT—STA—20090821—00092 (filed Dec. 30,
2009) ("EchoStar 3 Status Report"); EchoStar Satellite Operating Corporation, Application for
Extension and Modification ofSpecial Temporary Authority to Operate Direct Broadcast
Satellite Service over Channels 23 and 24 at the 61.5° W.L. Orbital Location, Order and
Authorization, 22 FCC Red. 2223, at « 4—6 (2007).

        * EchoStar has previously informed the Commission that it has initiated construction of
the satellite at EchoStar‘s own risk, and intends to file an application seeking authority to launch
and operate the satellite in the immediate future.

       * See EchoStar 3 Status Report.


EchoStar 6 will take place after securing all necessary authority, and EchoStar will advise the

Commission of any change in its plans.

        For the reasons set forth herein, grant of this Application will not cause harmful

interference to any authorized user of the spectrum and will serve the public interest.

I.      GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST

        EchoStar and its predecessors have been providing consumer DBS service from the 61.5°

W.L. orbital location since 1998. The STA requested in this application is in the public interest

because it will ensure continuity of national programming for consumers in the event of a service

outage until EchoStar 15 is brought into service later this year. Nor will this move entail a

service interruption at 72.7° W.L., since Nimiq 5 will continue to provide service from that

orbital slot."

        The relocation of EchoStar 6 to 61.65° W.L. and its operation as an in—orbit spare will not

cause harmful interference to any other U.S.—licensed satellite operator. To the east, there are no

operational BSS satellites serving the United States within 9 degrees of 61.65° W.L., other than

EchoStar‘s own EchoStar 12 satellite." To the west, the closest operational BSS satellite serving

the United States is the DIRECTV 1R satellite, which is operating at 72.5° W.L. under Canadian

authority. The DIRECTV satellite would be more than 10 degrees away from the proposed



      * See File No. SES—LFS—20080512—00595 (granted July 28, 2008); see also File No. SAT—
MOD—20070912—00124 (filed Sept. 12, 2007). In 2007, XM Radio Inc. requested similar
authority to operate two satellites as in—orbit spares at the 85° W.L. orbital slot and authority to
activate the satellites‘ communications payload in the event of a service outage on either of its
two operating satellites." The Commission granted this request subject to a notification
condition. That condition is not necessary here — the DBS industry, and DISH in partlcular has
a long history of activating spares without incident.

      ° Concurrent with this application, EchoStar is filing an application requesting STA to
move EchoStar 12 to 61.35° W.L. to accommodate EchoStar 6.


orbital location for EchoStar 6 and, therefore, would not experience additional interference as a

result of the proposed operations.

        Finally, the proposed temporary operation of the EchoStar 6 satellite at 61.65° W.L. will

not create any risk of in—orbit collision. EchoStar 6 will be maintained within +/— 0.05° east/west

station—keeping, which will ensure that its station—keeping volume will not overlap with

EchoStar‘s own satellites at 61.5° W.L. EchoStar will coordinate all drift orbit operations with

other potentially affected in—orbit operators.

IL.     THE PROPOSED RELOCATION IS CONTEMPLATED IN THE U.S.—CANADA
        LETTER EXCHAGE

        EchoStar 6 is operating at the 72.7 ° W.L. orbital location, which has been allotted to

Canada under the International Telecommunication Union‘s Region 2 Plan for the Broadcasting—

Satellite Service ("BSS"). The eventuality of moving EchoStar 6 from 72.7° W.L. has been

already contemplated with specificity in the letters exchanged between the U.S. and Canadian

administrations when EchoStar 6 was originally moved to 72.7° W.L.‘ These letters provide a

clear roadmap and confirm that Commussion action on the relocation of the satellite is not

contingent on any prior Canadian action. The U.S. letter states: "Operation of the EchoStar 6

satellite at any location other than at the 72.7 W.L. orbital location will be subject to licensing by

the FCC, including any operations as a result of equipment failure in the satellite that results in

the inability to maintain the satellite within +/— 0.1 degrees of its assigned position at the 72.7

W.L. orbital location."*

        The U.S. letter further states:



        ‘ Stamp Grant, SAT—STA—20080512—00103, Annex A to Conditions of Grant (granted
July 2, 2008) ("Exchange of Letters").

        8 Id. at 2.


       In the event of the exercise by EchoStar of its contractual rights to move the
       EchoStar 6 satellite, and in the event that there are any provisions in Telesat‘s
       license from Industry Canada, or any provisions in the Canadian laws and
       regulations governing the telecommunications operations of Telesat that would
       preclude or otherwise limit the exercise of EchoStar‘s contractual rights within
       the time frames specified in the EchoStar/Telesat/Express Vu agreement, the FCC
       would appreciate the opportunity to consult with Industry Canada, prior to any
       exercise of such licensing authority, or application of such law or regulation by
       Industry Canada. I would appreciate acknowledgement of these views and
       expression of any view which Industry Canada may have concerning the matter
       discussed in this paragraph. Let me also express the FCC‘s willingness to discuss
       this matter further, in the event, at a later date, it becomes necessary to do so."


       The Canadian letter, in turn, acknowledges these provisions and also states with respect

to actions under Canadian law: "To the extent possible under the circumstances and the law,

Industry Canada will inform the FCC of the exercise of licensing authority, or the application of

law or regulation by Industry Canada, that would preclude or otherwise limit the exercise of

EchoStar‘s contractual rights within the time frames specified in the agreement."""

       EchoStar currently plans to return the satellite to 72.7° W.L. The existing letter exchange

is more than adequate to cover the possibility of such a return, and there is no need for the

Commission and Industry Canada to exchange letters anew at that time. If, however, either the

Commission or Industry Canada disagree, any new letter can be the same in substance as the

ones already in place.

III.   USE OF THE 14 GHz BAND

       EchoStar respectfully requests temporary authority for the use of one narrow 14 GHz

beacon (14002.5 MHz, specifically) for TT&C operations during EchoStar 6°s relocation to

61.65° W.L. To the extent necessary, EchoStar is also requesting a waiver of the Commission‘s


       ° Id. at 3.

          T4. at 4.


rules requiring satellites to conduct TT&C within their allocated bands."‘ The Commission has

previously granted a similar waiver to allow use of the 14 GHz band for transfer orbit TT&C

operations in connection with this satellite.

       There is good cause for the requested waiver: it will solve a problem without creating

one. The proposed use of the 14 GHz band will ensure that there is no interference to DIRECTV

1R at 72.5° W.L. as the EchoStar 6 satellite moves away from 72.7° W.L. Both EchoStar 6 and

DIRECTV 1R were designed (¥.e. "hard—wired") to receive telecommand communications on

exactly the same 17 GHz frequency. Moreover, neither satellite is equipped to receive

telecommand communications on any other frequency in the 17 GHz band. It is this intractable

coincidence that necessitates the use of the 14,002.5 MHz telecommand beacon on the EchoStar

6 satellite during relocation. Once EchoStar 6 reaches 61.65° W.L., TT&C operations will be

provided in the 17 GHz band."

       Moreover, the proposed use of the 14 GHz band for TT&C operations during relocation

will not cause any harmful interference to any adjacent satellite networks. EchoStar will use the

14 GHz frequency on the same coordinated, non—interference and non—protected basis as it did

during its relocation to 72.7° W.L. and pursuant to the conditions outlined below.""




         Ordinarily, U.S. domestic satellites must conduct TT&C functions at the edges of the
allocated service bands. See 47 C.F.R. § 25.202(g). The Commission may waive this
requirement for good cause shown. See 47 C.F.R. § 1.3.

       2 See File No. SES—STA—20080512—00606 (Call Sign EO70015) (granted Jul. 9, 2008).

       3 See On—Station STAs.

       4 See File No. SES—STA—20080512—00606 (Call Sign EO70015) (granted Jul. 9, 2008).


IV.     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.

V.      CONCLUSION

        For the foregoing reasons, EchoStar respectfully requests the grant of its application for

special temporary authority for 60 days to relocate EchoStar 6 to 61.65° W.L. and operate it as

an in—orbit spare at that location.

        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) During relocation of the EchoStar 6 satellite, operations shall be on a non—harmful
           interference basis, meaning that EchoStar shall not cause interference to, and shall not
            claim protection from interference caused to it by any other lawfully operating
            satellites.

        c) In the event that any harmful interference is caused as a result of operations during
           the relocation of the EchoStar 6 satellite, EchoStar shall cease operations immediately
           upon notification of such interference and shall inform the Commission immediately,
           in writing, of such event.


        While EchoStar 6 is operating at 61.65° W.L. as an in—orbit spare, all transponders other

than the TT&C transponders will remain off unless needed for backup, and it will abide by the

following conditions:


        a) All operations at 61.65° W.L. shall be on a non—harmful interference basis, meaning
           that EchoStar shall not cause inference to, and shall not claim protection from,
           interference caused to it by any other lawfully operating satellites.


                                                17 _


       b) In the event that any harmful interference is caused while the satellite is operating at
          61.65° W.L., EchoStar shall cease operations immediately upon notification of such
           interference and shall inform the Commission immediately, in writing, of such event.




                                             Respectfully submitted,



                                                        Is/

Pantelis Michalopoulos                        Linda Kinney
Petra A. Vorwig                               Vice President, Law and Regulation
L. Lisa Sandoval                               EchoStar Corporation
Steptoe & Johnson LLP                          1233 20th Street, NW.
1330 Connecticut Avenue, N.W.                  Suite 302
Washington, D.C. 20036                        Washington, DC 20036—2396
(202) 429—3000                                (202) 293—0981
Counselfor EchoStar Corporation


February 3, 2010



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Document Modified: 2019-04-22 03:15:29

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