Attachment EchoStar-Grant May 2

EchoStar-Grant May 2

DECISION submitted by IB,FCC

g

2010-05-25

This document pretains to SAT-STA-20100512-00100 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010051200100_819382

file # SBT— SJB— 2010 O512— 00100 SAT—STA—20100512—00100 182010001520 EchoStar Corporation CallSign 22232 Grant Date os/25/60 (or other identifier) ; ried (of OS/I s8| TetmDates in Lopert ie Approved by OMB Fro ,_J"ro 3060—0678 GRANTED® International Bureau Date & Time Filed: May 12 2010 5:14:09:400PM L *S\)%{)ed 40 cordstions Cp :3_ DUG” File Number: SAT—STA—20100512—00100 Chief, Satellite Bh@ Brarch Callsign: 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 6 at 61.65 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—20100512—00100, Call Sign $2232 May 25, 2010 EchoStar Corporation is granted special temporary authority to continue operating the EchoStar 6 space station (Call Sign $2232) at the 61.65° W.L. orbital location for a period of 60 days commencing on May 18, 2010. Operations pursuant to this authorization shall be in accordance with conditions imposed as part of EchoStar Corporation‘s authorization to operate EchoStar 6 at this orbital location, granted on March 3, 2010. IBFS File No. SAT—STA—20100203—00020. File# SBt— sTN—20100512—00106 | ‘ Call Sign $2232. Grant Dat _(}5/25/'6 | (or other identifier) 3 ‘ Sm f Term Dates P?floa of | | 2. GRANTED k weonleeaim From oshsho To ze EO dafls ; International Bureau Approved: Mflw * subject to conditions Se I. Duall Chief, Salelltle Plicy Banch

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 applicationis 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 SATSTA2010040100062 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 €3 Noncommercial educational licensee g4 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 61.65 W.L. 2010—07—16 00:00:00.0

8. Description (If the complete description does not appearin 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 for an additional 60 days to operate the EchoStar 6 satellite at 61.65 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 «4 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 numberorif 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 y yz\ ac Nn n n s r X &2 In the Matter of ECHOSTAR CORPORATION File No. SAT—STA—20100203—00020 File No. SAT—STA—20100401—00062 Application to Renew its Special Temporary File No. SAT—STA—2010 Authority To Operate EchoStar 6 as an In—Orbit Spare at 61.65° W.L. APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY By this Application, EchoStar Corporation ("EchoStar") requests renewal of its special temporary authority ("STA") for an additional 60 days to operate the EchoStar 6 éatellite at 61.65° W.L. as an in—orbit spare while its application for authority to operate at that location remains pending.‘ Pursuant to the Commission‘s authorization," EchoStar moved the satellite to that orbital location on February 28, 2010, and the current STA to operate there expires on May 17, 20108 Prior to EchoStar 6‘s move to the nomuinal 61.5° W.L. orbital location, EchoStar was 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 experienced several transponderfailures due to Traveling Wave Tube ‘ See File No. SAT—A/O—20100203—00019 (filed Feb. 3, 2010). * See Stamp Grant, File No. SAT—STA—20100203—00020 (granted Mar. 3, 2010). * See Stamp Grant, File No. SAT—STA—20100401—00062 (granted Apr. 23, 2010). While EchoStar requested that the STA be extended for 60 days, the Bureau limited the extension to 30 days.

Amplifier ("TWTA") anomalies, and was 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 was not able to maintain its level of service provided from 61.5° W.L. without at least the relocation of one additional satellite to the orbital location. EchoStar, therefore, requested and received STA to relocate EchoStar 6 to 61.65° W.L. as an in—orbit spare, where the satellite will supplement, as needed, the service provided by EchoStar 3 and EchoStar 12 to maintain regular programming." EchoStar also filed a request for full authority to maintain the satellite as an in—orbit spare and to provide service as needed, which remains pending.6 On May 3, 2010, EchoStar 3 experienced another transponderfailure as a result of TWTA anomalies, further diminishing EchoStar 3‘s operating capacity. Pursuant to its STA, EchoStar activated the communications payload of the EchoStar 6 satellite to maintain service following the failure, and notified the Commission.‘ EchoStar now applies to extend this STA for an additional 60 days. * 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 T 4—6 (2007). ° See Stamp Grant, File No. SAT—STA—20100203—00020 (granted Mar. 3, 2010). © File No. SAT—A/O—20100203—00019 (filed Feb. 3, 2010). The application was placed on public notice on March 26, 2010. Public Notice, Report No. SAT—00675 (Mar. 26, 2010). ‘ See Letter to Marlene H. Dortch, Secretary, FCC, from Petra A. Vorwig, Counsel for EchoStar Corporation (dated May 3, 2010).

1. RENEWAL IS IN THE PUBLIC INTEREST AND WILL NOT CAUSE HARMFUL INTERFERENCE For the same reason the previous STAs were granted, so too is this modest extension in the public interest." The continued operation at 61.65° W.L. will ensure that EchoStar‘s customer, DISH Network Corporation, wiill be able to continue providing high—quality DBS service to consumers without any service interruptions until EchoStar‘s EchoStar 15 satellite is authorized and 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. Furthermore, the continued operation of EchoStar 6 to 61.65° W.L. 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 is more than 10 degrees away from the proposed orbital location for EchoStar 6 and, therefore, will not experience additional interference as a result of the proposed continued operations. 8 File Nos. SAT—STA—20100203—00020 (granted Mar. 3, 2010); SAT—STA—20100401— 00062 (granted Apr. 23, 2010). The information provided in those applications is incorporated herein by reference. ° See File No. SAT—LOA—20100310—00043 (filed Mar. 10, 2010). EchoStar has been granted STA to operate EchoStar 12 at 61.35° W.L. See Stamp Grant, File Nos. SAT—STA—20100203—00021 (granted Feb. 19, 2010); SAT—STA—20100414— 00076 (granted May 12, 2010). EchoStar has applied for minor modification of its authority to operate EchoStar 12 at 61.35° W.L., whichis still pending. See File No. SAT—MOD—20100310— 00042 (filed Mar. 10, 2010).

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 spectrum as against the regulatory powerof 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 to renew its special temporary authority for an additional 60 days to operate EchoStar 6 at 61.65° W.L. EchoStar will continue to operate the satellite pursuant to the conditions imposed in the original grant." 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 May 12, 2010 Stamp Grant, File No. SAT—STA—20100203—00020 (granted Mar. 3, 2010).


Document Created: 2019-04-19 15:12:28
Document Modified: 2019-04-19 15:12:28
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