Attachment EchoStar- Grant July

EchoStar- Grant July

DECISION submitted by EchoStar Corporation

g

2010-07-07

This document pretains to SAT-STA-20100615-00135 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010061500135_828399

File# SART— STM— 2010 06I§5—00135 $2741 SAT—STA—20100615—00135 1B2010001840 EchoStar Corporation Cl Sign 5274 Grant Date 07/07/'0 P ingnnenmiensmemessmee eomncnmnndeatimemmnrtmnnt EchoStar 3 (or otheridentifier) L Torm Dates petod of Approved by OMB | From_@7/70_ To: 30 days 3060—0678 Date & Time Filed: Jun 15 2010 12:10:56:823PM § File Number: SAT—STA—20100615—00135 #subject to the covxd«:hm; Callsign: described in the apfhc:dlon 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 move the EchoStar 3 satellite to 61.45 W.L. 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

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). C Governmental Entity ¢*% Noncommercial educational licensee £} Other(please explain): 4b. Fee Classification 5. Type Request @) Change Station Location J Extend Expiration Date 3 Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 61.45 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 3 satellite to 61.45 W.L. to facilitate the launch, testing and operation of the EchoStar 15 satellite. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yos & 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 Alison Minea Corporate Counsel 12. Please supply any need attachments. Attachment 1: STA Justification 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@fce.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 3 to, and Operate It at 61.45° W.L. APPLICATION FOR SPECIAL TEMPORARY AUTHORITY TO MOVE AND OPREATE THE ECHOSTAR 3 SATELLITE EchoStar Corporation ("EchoStar") hereby requests special temporary authority ("STA") for 60 days (a) to move the EchoStar 3 satellite from its current orbital position at 61.5° W.L. to 61.45° W.L., and (b) to operate it from that location, in order to accommodate EchoStar 15, which EchoStar has requested authority to launch and operate 61.55° W.L.‘ This move is necessitated by the need to replace EchoStar 3, which has experienced significant loss of transponder capacity and is nearing its end of life, and to fully exploit the nominal 61.5 ° W.L. orbital location for service to the public.2 In light of the timing exigencies related to the launch of EchoStar 15, EchoStar requests action on this application by no later than July 10, 2010. EchoStar is currently operating three Direct Broadcast Satellite ("DBS") service satellites at the nominal 61.5° W.L. orbital location — EchoStar 3, EchoStar 6 (on a non—interference basis) ‘ See File No. SAT—LOA—20100310—00043, Call Sign $2811 (filed March 10, 2010) ("EchoStar 15 Application"). * Concurrent with this application, EchoStar is filing an STA application to launch and test the EchoStar 15 satellite. EchoStar also plans to file an application to modify its authority to operate the EchoStar 12 to reflect this minor change in orbital location.

and EchoStar 12. As the Commission is aware, EchoStar is preparing to launch EchoStar 15, a 32—transponder—capable DBS satellite, on July 10, 2010. This new satellite is expected to eventually replace EchoStar 3 and provide EchoStar‘s customer, DISH Network Corporation ("DISH") with additional capacity to serve DBS consumers. To accommodate testing and operation of EchoStar 15 at 61.55° W.L. and the concurrent and efficient operation of EchoStar‘s other satellites at the nominal 61.5° W.L. orbital location, the EchoStar 3 satellite must be moved to 61.45° W.L. The concurrent operation of these satellites will ensure that EchoStar‘s customer, DISH, will be able to continue providing DBS service to consumers without any service interruptions. 1. THIS APPLICATION IS IN THE PUBLIC INTEREST AND WILL NOT CAUSE HARMFUL INTERFERENCE Grant of this application will ensure safe station—keeping margins for each of thesatellites 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 3 will be moving 0.05 degrees to the east, farther away from the nearest Broadcasting—Satellite Service ("BSS") satellite other than _g Sl % EchoStar‘s satellites, DIRECTV 1R, operating at 72.5° W.L. s $ .2 Furthermore, while EchoStar 3 is operating at 61.45° W.L., it will abide byth ol ng,Q"g :_:E? conditions: 5| t8yay *4 i; . £ p—_ a) All operations during the relocation 61.45° W.L. shall be on a non—harmft interference basis, meaning that EchoStar shall not cause inference to, ane ‘a'lll &t — | & %6 claim protection from, interference caused to it by any other lawfully ope 33| a o satellites. El2 SS mtg c yV — C & l & b) In the event that any harmful interference is caused while the satellite isrelgcatin interference and shall inform the Commission immediately, in writing, ofé,lch 63ng~ h8 OO E i & & m < ¥_ mc 5)5 S n $|$ % n 218 9 |o& Ts o2 £< © 21t __é &5 5y ormmmnmnmimadd J 3

EchoStar notes that the communications payload of the EchoStar 3 satellite will continue to operate during the proposed slight change in orbital location. This will ensure that the is no interruption of service to DBS consumers. 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 ofits application for special temporary authority for 60 days to relocate EchoStar 3 to 61.45° W.L. and operate it at that location. Respectfully submitted, Is/ Pantelis Michalopoulos Alison Minea Christopher R. Bjornson Corporate Counsel Steptoe & Johnson LLP EchoStar Corporation 1330 Connecticut Avenue, N.W. 1233 20th Street, N.W. Washington, D.C. 20036 Suite 302 (202) 429—3000 Washington, DC 20036—2396 Counselfor EchoStar Corporation (202) 293—1216 June 15, 2010

+m Ns TEPTOGE &} O H NS O N ur \L 1OR NEYS A 1 LAW Christopher R. Bjornson 1330 Connecticut Avenue, NW 202.429.3059 Washington, DC 20036—1795 cbjornson@steptoe.com Tel 2024293000 Fax 202.429.3902 steptoe.com July 1, 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—00135, $2811 Dear Ms. Kelly: EchoStar Corporation, through undersigned counsel, requests that its above—referenced application for Special Temporary Authority ("STA") to move the EchoStar 3 satellite to 61.45° W.L. 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 WAsHINCGTON + NIW YORR «& CiC&4GOG « PHOGENIX + 10§ ANGELES + CENTURY CHTY + 1LONDOGN «/ BREHSSELA +


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Document Modified: 2019-04-17 07:58:30
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