Attachment EchoStar-Grant July

EchoStar-Grant July

DECISION submitted by IB,FCC

g

2010-07-09

This document pretains to SAT-STA-20100615-00133 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010061500133_828770

$2811 SAT—STA—20100615—00133 182010001838 | File #_Sht STD<20100615— ooi33 EchoStar Corporation Call Sign 52511 (or other identifier) E Approved by OMB Torm Dfltcs p $ er‘wd O( From 07/'0/ 10 clays ‘RANTED* Date & Time Filed: Jun 15 2010 11:36:15:670AM | Internatic mal Bureau Jflé’é»/fizmé/ Approved: File Number: SAT—STA—20100615—00133 *SB\{)ed to condifions Stépkef 3. Duall Callsign: Chief; Safellite Folicy 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: STA to Launch and Test the EchoStar 15 Satellite 1. Applicant Name: EchoStar Corporation Phone Number: 303—706—4000 DBA Name: Fax Number: Street: 100 Inverness Terrace East E—Mail: City: Englewood State: CO Country: USA Zipcode: 80112 — Attention: Alison Minea —(202)293—1216

ATTACHMENT Conditions of Authorization IBFS File No. SAT—STA—20100615—00133 Call Sign S2811 Grant Date: July 9, 2010 The request of EchoStar Corporation (EchoStar) for special temporary authority (STA), IBFS File No. SAT—STA—201000615—00133, is granted. Accordingly, EchoStar is authorized for a period of 30 days, commencing on July 10, 2010, to conduct in—orbit testing of the EchoStar 15 space station on Direct Broadcast Satellite (DBS) Service channel 23 at the 61.55° W.L. orbital location. This authorization is granted in accordance with the terms, conditions, and technical specifications set forth in EchoStar‘s application and supplement, the conditions set forth in this Attachment, and the Commission‘s rules. 1. EchoStar must coordinate its test operations with all potentially affected operating satellite networks. 2. 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 cause to it, by any other lawfully operating radiocommunication system. 3. In the event of any harmful interference as a result of the operations of the EchoStar 15 space station during in—orbit testing at the 61.55° W .L. orbital location, EchoStar shall cease operations immediately upon notification of such interference and shall immediately inform the Commission, in writing, of such an event. 4. Operations of the EchoStar 15 space station on channel 23 at the 61.55° W.L. orbital location are limited to in—orbit testing, and shall not include any provision of commercial services. 5. EchoStar shall notify the Commission within 24 hours of the commencement of in—orbit testing of EchoStar 15 and again within 3 business days after the completion of in—orbit testing of EchoStar 15 via email to Chip Fleming (chip.fleming@fce.gov) and Mark Young (mark.young@fce.gov). 6. Any action taken or expense incurred as a result of operations pursuant to this STA is at EchoStar‘s own risk.

7. EchoStar is afforded thirty days from the date of release of this authorization to decline this authorization as conditioned. Failure to respond within this period will constitute formal acceptance of the authorization as conditioned. 8. 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. emmemmar Fi]e#SPrr- mmotooms*om% id CallSiguSZ@NY g,mnm o—z/os/ao f (or other identifier) d / s Term Dates Bpg”c’d d crantepy "om—L—C t0/10 t % a T°'Z-—-JS International Bureau Approved Z/’ : é/l / 4 #Subjec) 4o condrfions Stpben J. Duall Chief, Sedellile Pohcj Branch

2. Contact Name: Pantelis Michalopoulos Phone Number: 202—429—6494 Company: Steptoe & Johnson LLP Fax Number: 202—429—3902 Street: 1330 Connecticut Avenue, 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 SATLOA2010031000043 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*3 Noncommercial educational licensee (a) Other(please explain): 4b. Fee Classification 5. Type Request C3 Change Station Location {4 Extend Expiration Date f&, Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 61.55 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 launch and test the EchoStar 15 satellite at 61.55 W.L. 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 &quot;party to the application&quot; for these purposes. 10. Name of Person Signing 11. Title of Person Signing Alison Minea Corporate Counsel 12. Please supply any need attachments. Attachment 1: Launch and Test STA 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@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 L&AW 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 ) ) Application for Special Temporary Authority ) File No. SAT—STA—2010____—____ to Launch and Test the EchoStar 15 Satellite p Call Sign $2811 at 61.55° W.L. ) ) ) ) APPLICATION FOR SPECIAL TEMPORARY AUTHORITY TO LAUNCH AND TEST EchoStar Corporation ("EchoStar") respectfully requests 60—day Special Temporary Authority ("STA"), commencing on or about July 10, 2010, to permit EchoStar to launch its new EchoStar 15 satellite to the 61.55° W.L. orbital location; and to test it at that location in the 12.2— 12.7 and 17.3—17.8 GHz bands.‘ EchoStar has filed an application to launch and operate the EchoStar 15 satellite at 61.55° W.L. on the Direct Broadcast Satellite ("DBS") channels already licensed to EchoStar at the nominal 61.5° W.L. orbital location." As discussed below, launch and testing of EchoStar 15 at 61.55° W.L. will avoid disruption to existing customers and will not adversely affect the operations of any other spacecraft or other authorized spectrum users. ‘ Simultaneous with this application, EchoStar is requesting (1) STA to operate EchoStar 15 at 61.55° W.L. while its application to operate the satellite at that location remains pending and (2) STA to relocate EchoStar 3 to 61.45° W.L. In addition, EchoStar is requesting authority to operate various transmit/receive earth stations to perform the testing and operations described in this application. See File No. SAT—LOA—20100310—00043, Call Sign $2811 (filed March 10, 2010) ("EchoStar 15 Application").

1. PLANNED LAUNCH AND TESTING OPERATIONS EchoStar 15 is scheduled to launch on July 10, 2010. Therefore, EchoStar requests action on this request by that date. EchoStar plans to maneuver the satellite directly to 61.55° W.L. and conduct its testing at that location. The testing will be conducted on a non—interference basis using the available frequencies not capable of being used by the EchoStar 3 and EchoStar 12 satellites, which are also located at the nominal 61.5° W.L. orbital location. Therefore, EchoStar expects the testing to include channel 23 at 61.5° W.L., which EchoStar is currently authorized to use under STA.* IL. GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST The Commission has a long—standing policy of granting Special Temporary Authority where such authorization will not cause harmful interference and will serve the public interest, convenience and necessity." The requested operations meet both of these tests. First, launching and testing EchoStar 15 at 61.55° W.L. will not cause harmful interference to any other spacecraft or authorized user of the spectrum. Indeed, the only operating BSS satellites close to the 61.55° W.L. orbital location where EchoStar 15 will be tested and will operate are owned and operated by EchoStar. Consequently, EchoStar will easily be able to deal with any potential interference issues, to the extent there are any, created by the launch and testing of EchoStar 15 at 61.55° W.L. through self—coordination. In addition, EchoStar is not aware of any other BSS satellites planned to be brought into operation near 61.55° W.L. *‘ See File No. SAT—STA—20100226—00037 (filed Feb. 26, 2010). * See, e. g., Newcomb Communications, Inc., Order and Authorization, 8 FCC Red. 3631, 3633 (1993); Columbia Communications Corp., Order, 11 FCC Red. 8639, 8640 (1996); American Telephone & Telegraph Co., Order, 8 FCC Red. 8742 (1993).

Second, launching and testing EchoStar 15 at 61.55° W.L. serves the public interest, as it will allow EchoStar to ensure that the satellite is fully operational before it begins service to the public, thereby avoiding any interruption in service that otherwise might be associated with spacecraft testing. Once testing is complete, the satellite can immediately begin DBS operations and fully serve the public. III. SECTION 304 WAIVER In accordance with Section 304 of the Communications Act of 1934, 47 U.S.C. § 304, EchoStar hereby waives any claim to the use of any particular frequency or of the electromagnetic épectrurn because of the previous use of the same, whether by license or otherwise. IV. CONCLUSION For the foregoing reasons, EchoStar respectfully requests the expeditious grant of a 60— day STA, commencing on or about July 10, 2010, to launch and test EchoStar 15 at 61.55° W.L. During in—orbit testing, EchoStar will operate the EchoStar 15 satellite subject to the following conditions: (a) EchoStar will coordinate its test operations with all potentially affected operating satellite networks. (b) During the test operations EchoStar will not cause harmful interference to, and will not claim protection from interference caused by, any other lawfully operating satellites or radiocommunications systems. (c) Upon notification of any harmful interference, EchoStar will cease its test operations immediately. In addition, EchoStar will inform the Commission in writing that it has received such a notification. (d) EchoStar shall notify the Commission within seven days of the completion of in— orbit testing of EchoStar 15 that it has completed testing and commenced service.

Respectfully submitted, EchoStar Corporation Is/ Pantelis Michalopoulos Alison Minea Christopher R. Bjornson Corporate Counsel Steptoe & Johnson LLP EchoStar Corporation 1330 Connecticut Avenue N.W. 1110 Vermont Avenue NW, Suite 750 Washington, D.C. 20036 Washington, DC 20005 (202) 429—3000 (202) 293—1216 Counselfor EchoStar Corporation June 15, 2010

STEPTOE & J O H NS O N use A TT OR NEYS AG £aAY Christopher R. Bjornson ‘ 1330 Connecticut Ave, NW 202.429.3059 Washington, D.C. 20036 cbjornson@steptoe.com Tel 2024293059 Fax 202.429.3902 steptoe.com July 8, 2010 FILED ELECTRONICALLYAND SENT VIA EMaAIL Ms. Andrea Kelly Satellite Division International Bureau Federal Communications Commission 445 12"" Street, SW Washington, D.C. 20554 Re: EchoStar Corporation, SAT—STA—20100615—00133, S2811 Dear Ms. Kelly: In connection with the above—referenced application for Special Temporary Authority ("STA"), EchoStar Corporation ("EchoStar"), through undersigned counsel, writes to describe the continuing need for a partial grant of the requested STA notwithstanding the grant of its application for launch and operating authority of the EchoStar 15 satellite. Subsequent to the filing of the above—referenced STA application, EchoStar was granted authority to construct, launch and operate the satellite.‘ The authorization gives EchoStar the authority to construct and launch EchoStar 15 with the capability of using all 32 DBS frequency channels at the nominal 61.5° W.L. orbital location, but does not grant EchoStar authority to operate the satellite on DBS channels 23 and 24 as those channels have not been permanently assigned to any DBS provider.* Consequently, while EchoStar has now been granted authority to launch and operate the satellite, it still needs, as requested, STA to test the satellite using channel 23. ‘ FCC File No. SAT—LOA—20100310—00043, $2811 (granted July 1, 2010). * EchoStar has filed a separate STA application to operate EchoStar 15 over channels 23 and 24 consistent with its existing STA to operate over those channels. See FCC File No. SAT—LOA— 2010061 5—00134, S2811 (filed June 15, 2010). That application remains pending with the Commission. WASMINCTIN +) NEW YORK + CINCAGOG + PHOENIX + £0S ANCGEILES + CENTHRY CIHTY + LONDOGN +« BARUSSELS +

Ms. Andrea Kelly July 8, 2010 Page 2. . Please let us know if you have any questions. Sincerely, /s/ Christopher Bjornson Counsel for EchoStar Corporation co: Chip Fleming Kathryn Medley Stephen Duall Mark Young

STEPTOE &JOHNSONu A C 1OR NEYS A P LA Y Christopher R. Bjornson 1330 Connecticut Avenue, NW 202.429.3059 Washington, DC 2003641795 cbjornson@steptoe.com Tel 2024293000 Fax 2024293902 steptoe.com July 9, 2010 FILED ELECTRONICALLYAND SENT VIA EMAIL Ms. Andrea Kelly Satellite Division International Bureau Federal Communications Commission 445 12"" Street, SW Washington, D.C. 20554 Re: EchoStar Corporation, SAT—STA—20100615—00133, S2811 Dear Ms. Kelly: EchoStar Corporation ("EchoStar"), through undersigned counsel, requests that its above— referenced application for Special Temporary Authority ("STA"), which will allow EchoStar to test the EchoStar 15 satellite using channel 23, be granted for a period of 30 days rather than the 60 days originally requested. Grant for the 30—day period will be sufficient to facilitate coordination with the upcoming launch of the EchoStar 15 satellite. Please let us know if you have any questions. Sincerely, Is/ Christopher Bjornson Counselfor EchoStar Corporation ce: Chip Fleming Kathryn Medley Stephen Duall Mark Young WASIHINQGITOGN +o NELW YORR + CHICAGOG «+ PHOGENIX + 1LO% ANCELES «— CENTURY CITY + 1LONDGN «— BAUSSELS —


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