Attachment EchoStar-Grant Feb 1

EchoStar-Grant Feb 1

DECISION submitted by IB,FCC

grant

2010-02-19

This document pretains to SAT-STA-20100203-00021 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010020300021_802238

Tile#_SAT—StTh— 20100203 —6002| . Call Sign $2653 Grant Date o2/i3/h0 (or other identifiet) Term Dates Pperiod of Approved by OMB From_O02/193/6 To: 60 days 3060—0678 Date & Time Filed: Feb 3 2010 6:25:53:796PM Approved: %/M File Number: SAT—STA—20100203—00021 ¥subjectto_ Stepnéeny5. Duall | Callsign: condifions Chi et/Satellite %hcs 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 Move EchoStar 12 to, and Operate it at, 61.35 W.L. 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 File No SAT—STA—20100203—00021 February 19, 2010 The request of EchoStar Corporation (EchoStar) for special temporary authority, IBFS File No. SAT— STA—20100203—00021, is granted. Accordingly, EchoStar is authorized, for a period of 60 days commencing on February 19, 2010, to conduct telemetry, tracking, and telecommand (TT&C) in the 12.2—12.27 (space—to—Earth) and 17.3—17.8 GHz (Earth—to—space) frequency bands necessary to drift the EchoStar 12 space station (Call Sign $2653) from the 61.65° W.L. orbital location to the 61.35° W.L. orbital location and to operate the Direct Broadcast Satellite (DBS) communications payload on the EchoStar 12 space station in the 12.2—12.27 (space—to—Earth) and 17.3—17.8 GHz (Earth—to—space) frequency bands during the drift. EchoStar is also authorized to operate the DBS payload on the EchoStar 12 space station in the 12.2—12.27 (space—to—Earth) and 17.3—17.8 GHz (Earth—to—space) frequency bands at the 61.35 ° W.L. orbital location temporarily under this authorization. This authorization is granted in accordance with the terms, conditions, and technical specifications set forth in EchoStar‘s application, the Federal Communication Commission‘s rules, and the conditions of this attachment. 1. All operations 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 system. 2. In the event of any harmful interference as a result of the operations of EchoStar 12 at the 61.35° W.L. orbit location or during drift to the 61.35° W.L. orbital location, EchoStar shall cease operations immediately upon notification of such interference and shall inform the Commission, in writing, immediately of such an event. 3. EchoStar shall coordinate its operations with existing geostationary satellites to ensure that no unacceptable interference results from its temporary operations at the 61.35° W.L. orbital location or from its TT&C operations during the drift to the 61.35° W.L. orbital location. 4. Grant of this authorization is without prejudice to any determination that the Commission may make regarding any EchoStar application for permanent operations of the EchoStar 12 space station at the 61.35° W.L. orbital location. 5. Any action taken or expense incurred as a result of operations pursuant to this STA is at EchoStar‘s own risk. 6. During the drift from the 61.65° W.L. orbital location to the 61.35° W.L. W.L. orbital location, and while operating at the 61.35° W.L. orbital location, the operations of EchoStar 12 shall not exceed the technical parameters of the pending ITU Region 2 BSS Plan modification corresponding to the USABSS—17 satellite network. 7. The customernotification and programming conditions for operation of Direct Broadcast Channels 23 and 24 from the EchoStar 12 satellite, while temporarily suspended, apply to operation of the EchoStar 12 communications payload at the 61.35° W.L. as well as at the 61.65° W.L., and at all orbital locations between, so long as the communications payload of the EchoStar 12 satellite is operating. See IBFS File No. SAT—STA—20090821—00092 (granted, with conditions, Dec. 1, 2009). 8. EchoStar is afforded 30 days from the date of release of this grant and authorization to decline this authorization as conditioned. Failure to respond within this period will constitute formal acceptance of the authorization as conditioned.

Attachment to Grant File No SAT—STA—20100203—00021 February 19, 2010 9. This action is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.E.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. [ ‘ lilk # SDT— sTA—2010 0203—0002 1 | | Cal Sign $2453 Grant Date_O2/18/6 _ | Tclaag | ‘ C Torm Dates pe,r\odop | — .k | 1.._ozfigho | e rmmonmmmnrecmmnarconbstemenoss ) 1. O degs ; | * Stefyeh3.Duall _ Ch\eq Satellite @I\(j Branch *SU%)?;;\Z‘?‘F“MS

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? @ IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). C Governmental Entity {) Noncommercial educational licensee «74 Other(please explain): 4b. Fee Classification 5. Type Request {4 Change Station Location C Extend Expiration Date @ Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 61.35 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 move the EchoStar 12 satellite to, and to operate it at, 61.35 W.L. 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 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).

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 ) In the Matter of ) ) ECHOSTAR CORPORATION ) ) File No. SAT—STA—2010 Application for Special Temporary Authority ) To Move EchoStar 12 to, and Operate It at ) 61,.35° 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 12 satellite (formerly referred to as Rainbow 1) from its current orbital position at 61.65° W.L. to 61.35° W.L., and (b) to operate it from that location, in order to accommodate EchoStar 6, which EchoStar has requested authority to redeploy as a spare at 61.65° W.L." This move is necessitated by the recent loss of additional transponder capacity on EchoStar 3. In light of the timing exigéncies posed by this further, and unforeseen, loss, EchoStar requests action by no later than Februéry 15, 2010. EchoStar is currently operating two Direct Broadcast Satellite ("DBS") service satellites at the nominal 61.5° W.L. orbital location — EchoStar 3 and EchoStar 12. As the Commission is aware, EchoStar 3 has experienced several transponder failures due to Traveling Wave Tube ‘ Concurrent with this application, EchoStar is filing applications to relocate the EchoStar 6 satellite to, and operate it as an in—orbit spare from, 61.65° W.L. ("EchoStar 6 Application"). EchoStar will also file an application to modify its authority to operate the EchoStar 12 to reflect this minor change in orbital location. 2 See id.

Amplifier ("TWTA") anomalies, and has been operating at reduced 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, has requested authority temporarily to relocate EchoStar 6 to 61.65° W.L. to supplement the service provided by EchoStar 3 and EchoStar 12 to maintain regular programming." The concurrent operation of these satellites will ensure that EchoStar‘s customer, DISH Network Corporation, will be able to continue providing 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 to effectively replace EchoStar 3 and will be ready for launch by the fourth quarter of 2010.° In order to accommodate EchoStar 6 at 61.65° W.L. safely prior to the launch of EchoStar 15, EchoStar 12 must be moved to 61.35° W.L. * 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). * See EchoStar 6 STAs. ° 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.

1. THIS APPLICATION IS IN THE PUBLIC INTEREST AND WILL NOT CAUSE HARMFUL INTERFERENCE This application is in the public interest for the reasons set forth in the EchoStar 6 Application, which are incorporated herein by reference. Furthermore, grant of this application will ensure safe station—keeping margins for each of the three satellites that will be located at the nominal 61.5° W.L. orbital location. Grant of this application also will not cause harmful interference because EchoStar 12 will be moving 0.3 degrees to the east, farther away from the nearest Broadcasting—Satellite Service ("BSS") satellite other than EchoStar‘s satellites, DIRECTV 1R, operating at 72.5° W.L. Furthermore, while EchoStar 12 is operating at 61.35° W.L., it will abide by the following conditions: a) All operations during the relocation 61.35° 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. b) In the event that any harmful interference is caused while the satellite is relocating to 61.35° W.L., EchoStar shall cease operations immediately upon notification of such interference and shall inform the Commission immediately, in writing, of such event. IL. 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.

III. CONCLUSION For the foregoing reasons, EchoStar respectfully requests the grant of its application for special temporary authority for 60 days to relocate EchoStar 12 to 61.35° W.L. and operate it at that location. Respectfully submitted, /s/ Pantelis Michalopoulos Linda Kinney Petra A. Vorwig Vice President, Law and Regulation L. Lisa Sandoval EchoStar Corporation Steptoe & Johnson LLP 1233 20th Street, N.W. 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

STEPTOE&JOHNSONw ATTORNEYS AT LAW Petra A. Vorwig ‘ 1330 Connecticut Avenue, NW 202.429.6417 Washington, DC 20036—1795 pvorwig@steptoe.com Tel 202.429.3000 Fax 202.429.3902 steptoe.com February 19, 2010 Via IBFS Robert Nelson Chief, Satellite Division Federal Communications Commission 445 12"" Street, SW Washington, DC 20554 Re: File No. SAT—STA—20100203—00021 Dear Mr. Nelson: On February 3, 2010, EchoStar Corporation filed the above referenced application for special temporary authority to move its EchoStar 12 satellite from 61.65° W.L. to 61.35° W.L. to accommodate the relocation of the EchoStar 6 satellite. EchoStar clarifies that the communications payload of the EchoStar 12 satellite will continue to operate during the proposed slight change in orbital position. If you have any further questions, please do not hesitate to contact me at 202.439.6417 or pvorwig@steptoe.com. Best regards, Is/ Petra A. Vorwig Counselfor EchoStar Corporation WASHINGTON & NEW YORK _« CHICAGO +« PHOENIX + LOS ANGELES + CENTURY CITY + LONDON + BRUSSELS


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Document Modified: 2019-04-22 14:36:24
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