Attachment EchoStar-Grant May 1

EchoStar-Grant May 1

DECISION submitted by IB,FCC

G

2010-05-12

This document pretains to SAT-STA-20100414-00076 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010041400076_817348

File# SBT— STDh—20160414—00076 Call Sign $2453 Grant Date_O5/12 /10 or other identifier ( ) ‘Term Dates Pericd oF Approved by OMB & Ulll___/___‘l'_— To:,__aé. ime Flled ApI 14 2010 112449640AM I ; ,\.l‘-{‘v}(]\,.,xd: File Number: SAT—STA—20100414—00076 #subjec to condihor6 — Callsign: Chief, Satellite Policy 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: Renewal of Special Temporary Authority to Operate EchoStar 12 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 EchoStar Corporation IBFS File No. SAT—STA—20100414—00076, Call Sign $2653 May 12, 2010 EchoStar Corporation is granted special temporary authority to continue operating the EchoStar 12 space station (Call Sign $2653) at the 61.35° W.L. orbital location for a period of 60 days commencing on April 21, 2010. Operations pursuant to this authorization shall be in accordance with conditions imposed as part of EchoStar Corporation‘s authorization to operate EchoStar 12 at this orbital location, granted on February 19, 2010. IBFS File No. SAT—STA—20100203—00021. T‘ile # SRT— sTRh— 201004147 600 76 memeccet1 qmmmemmmamen ann.,,,nnnnmpmmmmmmemnmremem Grant Date 0'5[’2/"’ m Call Sign $265 3__ ts (or other identifier) § period of . c Term Date to 0‘035 x C t From ou/z21/i0 To: GRANTED* International Bureau Approved: 0 0. Dycd( : Sep¥feyt "O:’S\J\aed' To eonditions Chicf, Satellite Policy 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 SATSTA2010020300021 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). £y Governmental Entity @3 Noncommercial educational licensee «74 Other(please explain}: 4b. Fee Classification 5. Type Request ¢ry Change Station Location @, Extend Expiration Date ¢74 Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 61.35 W.L. 2010—06—19 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 renewal of its special temporary authority to operate its EchoStar 12 satellite 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 {:}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@fcc.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 sponsorthis collection, unless it displays a currently valid OMB control numberor 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 File No. SAT—STA—20100203—00021 ECHOSTAR CORPORATION File No. SAT—STA—2010____— Application for Renewal of Special Temporary Authority to Operate EchoStar 12 at 61.35° W.L. APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY By this Application, EchoStar Corporation ("EchoStar") requests renewal of its special temporary authority ("STA") for 60 days to operate the EchoStar 12 satellite (formerly referred to as Rainbow 1) at 61.35° W.L. in orderto accommodate EchoStar 6, which is stationed as an in—orbit spare at 61.65° W.L. The EchoStar 12 satellite has already been moved to that location and is operating there under special temporary authority granted by the Commission.‘ On March 3, 2010, EchoStar filed an application to modify the EchoStar 12 license to operate the satellite at 61.35° W.L." That application remains pending, and the current STA is set to expire on April 20. Therefore, EchoStar is requesting this renewal. 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 ! See Stamp Grant, File No. SAT—STA—20100203—00021 (granted Feb. 19, 2010) ("EchoStar 12 STA"). * File No. SAT—MOD—20100310—00042 (filed Mar. 10, 2010).

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 needed to marshal, at least prophylactically, additional satellite capacity at this orbital location. EchoStar, therefore, applied for and received STA to relocate EchoStar 6 to 61.65° W.L. and station it there as an in—orbit spare." EchoStar 6 arrived at 61.65° W.L. on February 28, 2010. EchoStar 12, for its part, has been moved to 61.35° W.L. and is operating there pursuant to special temporary authority, for the simple purpose of making more room for EchoStar 6. 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 third quarter of 2010.° In order to continue to accommodate EchoStar 6 at 61.65° W.L. safely, EchoStar 12 must remain at 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). 4 File No. SAT—STA—20100203—0020 (granted Mar. 3, 2010). ° 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 12 STA, 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 operating 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 continue to abide by conditions imposed in the original STA grant.‘ II. 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 spectrumas 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 renewal of its special temporary authority for 60 days to operate EchoStar 12 at 61.35° W.L. ‘ EchoStar 12 STA.

Respectfully submitted, Is/ Pantelis Michalopoulos Linda Kinney Petra A. Vorwig Vice President, Law and Regulation Laura 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 April 14, 2010


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Document Modified: 2019-04-20 15:58:37
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