Attachment EchoStar Corporation

EchoStar Corporation

DECISION submitted by FCC

GRANT

2010-08-06

This document pretains to SAT-STA-20100803-00173 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010080300173_834488

filk # SHt—st—20100803—00173 Call Sign 3274\ Grant Date__08/06/16 (or other identifier) T eatg ‘tc pericd of orm Dates [ _ Approved by OMB From_O8§/0@/0 To: 2C 4248 3060—0678 CRANTED*® Date & Time Filed: Aug 3 2010 7:17:49:476PM tional Bureau Approved: Tooam ic | Ste .~Duall it File Number: SAT—STA—20100803—00173 Callsign: $ +0—cord nions Chief, Satellite Volicg Branch deseribed in application 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 STA to operate EchoStar 3 at 61.45 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: Alison Minea —(202)293—12161

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, D.C. 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 SATSTA2010061500135 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 J Noncommercial educational licensee 34 Other(please explain): 4b. Fee Classification 5. Type Request [3 Change Station Location @) Extend Expiration Date 3 Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 61.45 2010—09—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.) Renewal of STA to operate the EchoStar 3 satellite at 61.45 W.L. 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 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@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 LAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 N/ N/ NNN NNN NN N/ In the Matter of ECHOSTAR CORPORATION Call Sign 2741 Application to Renew its Special Temporary File No. SAT—STA—20100615—00135 Authority To Operate EchoStar 3 as an File No. SAT—STA—2010 In—Orbit Spare at 61.45° 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 30 days to operate the EchoStar 3 satellite at 61.45° W.L. as an in—orbit spare at that location as EchoStar continues to fully bring EchoStar 15 into use. Pursuant to the Commission‘s authorization,‘ EchoStar moved the satellite to that orbital location on July 10, 2010, and the current STA to operate there expires on August 6, 20102 As the Commission is aware, EchoStar has just launched 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 was moved to 61.45° W.L. \ See Stamp Grant, File No. SAT—STA—20100615—00135 (granted July 7, 2010). See id.

I. RENEWAL IS IN THE PUBLIC INTEREST AND WILL NOT CAUSE HARMFUL INTERFERENCE For the same reason the previous STA was granted, so too is this modest extension in the public interest. Grant of this application will ensure safe station—keeping margins for each of the 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 3 has moved 0.05 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 3 is operating at 61.45° W.L., it will abide by the following conditions: a) All operations during the relocation 61.45° W.L. shall be on a non—harmful interference basis, meaning that EchoStar shall not cause inference to, and shall not claim protection from, interference caused to it by any other lawfully operating satellites. b) In the event that any harmful interference is caused while the satellite is relocating to 61.45° W.L., EchoStar shall cease operations immediately upon notification of such interference and shall inform the Commission immediately, in writing, of such event. 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 there 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. lile # SMT—STA—20100503— 00173 Call Sign $2754\__ Grant Date 08/06/6 (or otheridentifier) x eriod of Torm Dates /P —ek 4 From 08/06/‘0 To: 306[&35 —GB 1 ED g Burcau Approved: #subject to thecordifion desernbed in the s QWTCQ‘}'O'\

III. CONCLUSION For the foregoing reasons, EchoStar respectfully requests the grant of its application to renew its special temporary authority for an additional 30 days to operate EchoStar 3 at 61.45° W.L. EchoStar will continue to operate the satellite pursuant to the conditions imposed in the original grant." Respectfully submitted, Is/ Pantelis Michalopoulos Christopher R. Bjornson Steptoe & Johnson LLP 1330 Connecticut Avenue, N.W. Washington, D.C. 20036 (202) 429—3000 Counselfor EchoStar Corporation August 3, 2010 > Id.


Document Created: 2010-08-10 09:36:29
Document Modified: 2010-08-10 09:36:29
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