Attachment DISH-Grant June 30 -

DISH-Grant June 30 -

DECISION submitted by IB,FCC

G

2010-06-30

This document pretains to SAT-STA-20100507-00094 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010050700094_827933

sflT—s‘fi— \dosmOooSH‘ File #_8B] m 32“73 ms oe/3o(to 3Gmntnm ‘or other identifier) )\ § "osp) P;)'c‘; 0; K TemlDah:l Approved by OMB From 8C 03('0 PO; onnpnommommmnienging 3060—0678 GRANTED“' J Date & Time Filed: May 72010 3:04:50:603PM ziicrnmionaldflgjau Approved: 3_% — 0094 A—20100507—0 ¥ect *501@@1‘ ons 1o conditio C)“ef ocle \%h% Fort i Iélilelsl\g —STA— ;r.lber.2 SAT—ST 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 1 at 77 W.L. for 180 days 1. Applicant Name: DISH Operating L.L.C. Phone Number: 303—723—1000 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 IBFS File Nos. SAT—STA—20100507—00094 Call Sign: $2739 Grant Date: June 30, 2010 DISH Operating L.L.C.‘s (DISH) request for special temporary authority, File No. SAT—STA— 20100507—00094 IS GRANTED. Accordingly, DISH is authorized to continue to conduct Tracking, Telemetry, and Command (TT&C) necessary to maintain the EchoStar 1 satellite at the 77.15° W.L. orbital location, and is authorized to operate the EchoStar 1 satellite at that location for 180 days commencing on June 9, 2010, subject to the following conditions: 1. All operations of the EchoStar 1 satellite at the 77.15° W.L. orbital location shall be on a non—harmful interference basis. DISH 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 operating within the parameters of applicable international coordination agreements. 2. In the event of any harmful interference as a result of DISH‘s operation of the EchoStar 1 satellite at the 77.15° W.L. orbital location, DISH shall cease operations immediately upon notification of such interference and shall inform the FCC, in writing, immediately of such an event. o0 567—oxcB¥4 File# 36t— STP> 20160 Grant Date ob/26o / O Call Sign $2733__ (or other identifier) ambits E)g_t oja ;{S' From 0(0/03/'0 T0 «enmmmnmemmmemae | C GRANTED y kokhena Approved: /5/{ ( /%‘ International Bureau ksogjectconditions *SODJ(’C* o9 sSul e flicg Bronch CV\‘efi Sq‘kf‘dt Poll(J

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 SATSTA2009120200138 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). C3 Governmental Entity > Noncommercial educational licensee C Other(please explain): 4b. Fee Classification 5. Type Request {4 Change Station Location ) Extend Expiration Date g£y Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 77 W.L. 2010—12—05 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.) DISH Operating L.L.C. seeks to renew its STA to operate the EchoStar 1 satellite under U. S. authority at the 77 W.L. orbital location pending re—flagging of the satellite under Mexican authority. Please see attached narrative. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yeos 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).

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 collectionvia 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 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: DISH OPERATING L.L.C. File Nos. SAT—STA—20090130—00014 SAT—STA—20091202—00138 Application for Renewal of Special SAT—STA—2010 Temporary Authority to Operate EchoStar 1 at 77.15° W.L. for 180 Days APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY DISH Operating L.L.C. ("DISH") requests renewal of its special temporary authority ("STA")‘ to operate the EchoStar 1 satellite as a U.S.—licensed satellite serving the United States from 77.15° W.L. for an additional 180 days pending grént of authority to transfer the satellite to Mexican authority.2 The current STA is set to expire on June 8, 2010.° To the extent necessary, DISH also requests a waiver of the Commussion‘s rules to use two C—band frequencies for telemetry, tracking, and command ("TT&C") during such operations. Grant of this renewal request will serve the public interest and not cause harmful interference to any authorized userof the spectrum. Allowing EchoStar 1 to continue service at ‘ See File No. SAT—STA—20090130—00014 (granted June 12, 2009) ("STA4 Application"); File No. SAT—STA—20091202—00138 (granted Feb. 3, 2010) ("ST4 Renewal"). The information provided in the 874 Application and STA Renewal are incorporated in this application by reference. * See File Nos. SES—LFS—20090130—00106 (filed Jan. 30, 2009); SAT—T/C—20090217— 00027 (filed Feb. 17, 2009). 3 Stamp Grant, STA Renewal.

the 77.15° W.L. orbital location will support DISH‘s continued effort to make a greater variety and quality of programming services available to U.S. consumers. EchoStar 1 is intended as a replacement for the EchoStar 4 satellite," which is nearing the end of its life, and will provide service to the United States and Mexico until the planned launch of the QuetzSat—1 satellite to that orbital location in 2011. As described in the STA Application, DISH‘s partner, QuetzSat S. de R.L. de C.V. (“QuetiSat”), has confirmed that the Mexican Administration does not object to the interim operation of EchoStar 1 as a U.S. satellite at 77.15° W.L. as a follow on to EchoStar 4‘s operations at that location, provided that the satellite operates in conformance with the technical characteristics in QuetzSat‘s BSS Concession.* I. BACKGROUND AND INTRODUCTION As explained in the 874 Application, on April 18, 2006, the Commission granted DISH‘s _ predecessor, 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 SES Global Latin America, S.A. ("SES") and EchoStar Corporation ("EchoStar"), DISH‘s sister * The EchoStar 4 satellite has been operating at 77° W.L. with the Commission‘s approval. See EchoStar Satellite LL.C., DA—06—868, Order and Authorization, 21 FCC Red. 4077 (2006) ("77° W.L. Order"). ° See 77° W.L. Order; see also 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 File No. SAT—STA—20080616—00121 (granted Oct. 31, 2008), Attachment 2. 6 77 °W.L. Order.

company,‘ and a related agreement between SES and QuetzSat. Consistent with these agreements, the EchoStar 4 satellite is currently operating as a Mexican—licensed satellite under the direct control of QuetzSat pursuant to the BSS Concession, which allows QuetzSat to use the nominal 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, is nearing its end of life. EchoStar 1 has been providing service to the United States and Mexico‘® from 77.15° W.L. since August 2009 pursuant to the current STA and a series of Satellite Services Agreements ("SSAs") among DISH‘s parent, DISH Network Corporation, its affiliate, EchoStar 77 Corpqration, and SES. Under the SSAs, QuetzSat will provide service to EchoStar 77 Corporation on QuetzSat—1 over all 32 available channels at 77° W.L. subject to the receipt of all ‘ See Satellite Relocation and Use Agreement for the 77° W.L. Orbital Location ("77° W.L. Agreement‘), as amended, filed in File No. SAT—STA—20080616—00121 (granted Oct. 31, 2008), Attachment 3. 8 See BSS Concession. * See 77°W.L. Order ® 1. As DISH has previously advised the Commission, on January 1, 2008, EchoStar Communications Corporation 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). DISH‘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. 9 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.fco.gov/ib/sand/agree/files/satellite/mex—dth.pdf. —3.

required approvals.‘‘ EchoStar 77 Corporation, in turn, will provide service to DISH. The SSAs also allow DISH to move an "Interim Satellite" to the 77° W.L. orbital location and use up to all 32 channels available at that location subject to the BSS Concession. Once DISH receives authority to transfer the satellite to Mexican authority, DISH expects that EchoStar 1 will remain in operation at 77.15° W.L. until the deployment at that location of the QuetzSat—1 satellite, planned for a 2011 launch. IL. GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST The same conditions that led the Bureau to grant the STA to operate EchoStar 1 at 77.15° W.L. remain applicable to the STA‘s renewal. DISH is able to continue to provide service from EchoStar 1 as EchoStar 4 approaches its end of life and while QuetzSat constructs the QuetzSat— 1 satellite. The satellite also helps expand the coverage available from the 77° W.L. orbital location to cover nearly all of the continental United States. The Commission found that even with its limited capacity and coverage, EchoStar 4‘s 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. *‘ ‘The redeployment of EchoStar 1, alongside EchoStar 8, has achieved this and more, as it has ameliorated both of EchoStar 4s defects. By providing service from both EchoStar 1 and EchoStar 8 at 77° W.L., DISH has greater operational flexibility to maximize the amount of service available to U.S. consumers than if either satellite operated alone at 77° W.L. This greater operational flexibility Sections 2.H(5) of the SSA between EchoStar 77 Corporation and SES Latin America, S.A. and the SSA between DISH Network Corporation and EchoStar 77 Corporation, filed in File No. SES—LFS—20090130—00106, Attachment 2 (filed Jan. 30, 2009). 2 See 77° W.L. Order 8.

provides the company with expanded capacity to provide high—definition services and additional high—definition local—into—local markets. Moreover, as noted in the STA Application, the public interest benefits that accrue from operating EchoStar 1 at 77.15° W.L. can be achieved without causing harmful interference to other satellites." There is no DBS orbital location in the vicinity of 77.15° 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, DISH 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. DISH‘s sister company, EchoStar, is also authorized to serve the United States from 72.7° W.L. over the Nimiq 5 satellite operating under Canadian authority. 14 DISH plans to continue to operate EchoStar 1 within the specifications of the 1996 Mexican ITU modification over all points in Canada and the United States, as well as within the existing coordination agreements between the Administrations of Canada and Mexico and/or any future coordination agreements. III. USE OF C—BAND FREQUENCIES FOR TT&C As the Commission is aware, the EchoStar 1 satellite is equipped with TT&C beacons in the conventional C—band frequencies (specifically, 5926—5927 MHz and 6423—6424 MHz for command, and 4198.4—4198.6 and 4199.4—4199.6 MHz for telemetry and tracking). The } See STA Application, Narrative. 4 File No. SES—MFS—20090306—00253 (granted Oct. 30, 2009).

Commission has already authorized the use of those frequencies to perform TT&C operations with EchoStar 1 at 148° W.L. on a non—protected, non—harmful interference basis" and authorized the same use of such frequencies with EchoStar 1 at 77.15° W.L. for purposes of the initial STA." Consistent with this precedent, DISH respectfully requests a waiver of Section 25.202(g) (in—band TT&C) to the extent necessary to permit such operations for the duration of the current STA request. There is good cause for such a waiver.‘‘ First, the continued use of these frequencies for the conduct of TT&C with the EchoStar 1 satellite is essential, as the satellite is not equipped to receive commands or transmit telemetry and tracking information on any other frequencies. In addition, the continued use of these command frequencies on a non—protected, non—harmful interference basis will not increase the potential for interference with any lawful users of spectrum, as it will not conflict with the operations of any adjacent C—band satellite operators. The closest C—band satellite operating to the east of the 77° W.L. orbital location is Brasilsat B3 at 75° W.L. The closest C—band satellite operating to the west of 77° W.L. is Venesat—1 at 78° W.L. DISH has confirmed that operations of EchoStar 1‘s TT&C communications in two slivers of the conventional C—band have not caused and will not cause any interference into the operations of either of these satellites. To the extent necessary, DISH is also requesting from the Commission a limited waiver of the Trilateral Arrangement Regarding Use of the Geostationary Orbit reached by Canada, Mexico, and the United States as EchoStar 1 will be a Mexican—licensed satellite in the portion of 5 See EchoStar Satellite Corporation et al., 13 FCC Red. 8595, «[ 23 (Sat. & Radiocom. Div. 1998). Stamp Grant, STA Application. ? See WAIT Radio v. FCC, 418 F.24 1153, 1157 (D.C. Cir. 1969).

the C—band arc reserved to the United States under that agreement.‘" For the reasons set forth above, there is good cause for such a waiver. In addition, DISH notes that Mexico and Canada both consented to EchoStar 1‘s limited use of the C—band when the satellite was operating at 119° W.L. in these countries‘ portion of the C—band arc." DISH will operate the EchoStar 1 satellite at 77° W.L. pursuant to the conditions imposed on the original STA grant.20 DISH requests that the Commission authorize the temporary operation of EchoStar 1, at DISH‘s own risk, pending the grant of blanket earth station authority and the exchange of letters between the United States and Mexico for the re— licensing of the satellite under Mexican authority. In the event that such re—licensing fails to occur, DISH will request Commission authorization to move the satellite to another orbital location. 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, DISH 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. } See Public Notice, Trilateral Arrangement Regarding Use of the Geostationary Orbit Reached by Canada, Mexico, and the United States (rel. Sept. 2, 1988), available at http://www.feco.gov/ib/sand/agree/files/satellite/trilat.pdf. ° 14. 20 Stamp Grant, ST4 Application; Stamp Grant, STA Renewal. 7.

v. CONCLUSION For the foregoing reasons, DISH respectfully requests the renewal of its special temporary authority to operate EchoStar 1 as a U.S.—licensed satellite at 77.15° 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 Andrew W. Gubr DISH Operating L.L.C. Steptoe & Johnson LLP 1110 Vermont Ave., NW., Suite 750 1330 Connecticut Avenue, N.W. Washington, DC 20005 Washington, D.C. 20036 (202) 293—0981 (202) 429—3000 Counselfor DISH Operating L.L.C. May 7, 2010


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