Attachment EchoStar-Grant Oct 2

EchoStar-Grant Oct 2

DECISION submitted by IB,FCC

GR

2010-10-21

This document pretains to SAT-STA-20100830-00184 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010083000184_847091

Tile# SBT— STh— 201008 30— 60 1sy Call Sign 32¢)1 Grant Date \O/&‘/IO (or other identifier) & ¢ Torm Dates period Approved by OMB | rom l0 /i$/0 q.; days 3060—0678 Date & Time Filed: Aug 30 2010 2:48:52:376PM | In sproved: ~fij%~é k -—bfilfizfl——fl-——- File Number: SAT—STA—20100830—00184 toith conchfions SE 74 kr?rc Branch Chnef, {ifte Aliey 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 15 on Channels 23 and 24 at 61.55 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: CQ Country: USA Zipcode: 80112 & Attention:

Attachment to Grant EchoStar Corporation IBFS File No. SAT—STA—20100830—00184, Call Sign $2811 October 21, 2010 EchoStar Corporation is granted special temporary authority to continue operating the EchoStar 15 space station (Call Sign $2811) at the 61.55° W.L. orbital location for a period of 180 days commencing on October 18, 2010. Operations pursuant to this authorization shall be in accordance with conditions imposed as part of EchoStar Corporation‘s authorization to operate EchoStar 15 at this orbital location, granted on August 18, 2010. IBFS File No. SAT—STA—20100615—00134; see EchoStar Corporation, Application for Special Temporary Authority to Operate the EchoStar 15 Satellite on Channels 23 and 24 at the 61.55° W.L. Orbital Location, Order and Authorization, DA 10—1553 (rel. Aug. 18, 2010). | Filex SAT—StP— 201008%35— dol g4 Call Sign $28!! GrantDate_10/21/10 (or other identifier) Term Dates pericd of From 10 /1s/i10 To: 180 days CRANTED* International Bureau Approved: /b/ 4flafl £#Lith condihions Step! . Duall Cmef), Setellite Rolicy Branch

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 SATSTA2010061500134 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). 34 Governmental Entity £% Noncommercial educational licensee «74 Other(please explain): 4b. Fee Classification 5. Type Request £74 Change Station Location , Extend Expiration Date C Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 2011—03—16 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 viewit in its entirety.) EchoStar Corporation requests renewal of its special temporary authority to operate the EchoStar 15 satellite using Channels 23 and 24 at the 61.55 W.L. orbital location. See attached narrative. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject . Yes gy 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 Alison Minea Corporate Counsel 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).

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Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 Num! Nuse! Nn Nume! Nume! Nume! Suer! Nunt! S Nes In the Matter of ECHOSTAR CORPORATION File No. SAT—STA—20100615—00134 File No. SAT—STA—2010____— Request for Renewal of Special Temporary Call Sign $2811 Authority to Operate the EchoStar 15 Satellite Over Channels 23 and 24 at the 61.55° W.L. Orbital Location REQUEST FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY EchoStar Corporation ("EchoStar") requests renewal of its special temporary authority ("STA") to operate its EchoStar 15 satellite on the Direct Broadcast Satellite ("DBS") Channels 23 and 24 at the 61.55° W.L. orbital location for an additional 180 days.‘ The current STA expires on September 17, 2010." For the reasons set forth below, grant of this renewal request will continue to serve the public interest. ‘ See EchoStar Corporation, File No. SAT—STA—20100615—00134, Call Sign $2811, Order and Authorization, DA 10—1553 (rel. Aug. 18, 2010) ("EchoStar 15 STA Order‘). EchoStar also currently holds an STA for the two channels on its EchoStar 12 satellite. See EchoStar Satellite Operating Corporation, Application for 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 «[ 5 (rel. Feb. 2, 2007) ("61.5 STA Order‘); see also Stamp Grant, File No. SAT—STA—20100226—00037, at 2—3 (granted Apr. 6, 2010). With this application, EchoStar specifies to the Commission that it will be operating over Channels 23 and 24 from EchoStar 15. * EchoStar 15 STA Order § 10.

J. BACKGROUND AND PROCEDURAL HISTORY As EchoStar‘s predecessor—in—interest, EchoStar Satellite Operating Corporation ("ESOC") explained in the original STA request, DBS Channels 23 and 24 at the 61.5° W.L. orbital location have a "unique" history. In stark contrast to the vast majority of DBS spectrum, these channels have remained unassigned and unlicensed. In fact, these channels "are the only two remaining unassigned DBS channels in the 12 GHz band that are assigned to the United States that can provide service to most of the contiguous United States."" The future of these unassigned channels is, however, also subject to the uncertainty surrounding the Northpoint decision that vacated the Commission‘s DBS auction rules, and the DBS freeze implemented by the Commission in response to that decision." As a result, a new licensee will not be in a position to provide services from these channels for a number of years. In fact, while the Commission initiated a proceeding in 2006 to establish the mechanism by which these channels could be ultimately licensed and operated, that proceeding is still pending." In an effort to ensure that such valuable spectrum does not lie fallow, the Commission has provided STAs to DBS providers to operate on these channels for the past eleven years subject to different conditions. The Commission initially granted EchoStar‘s predecessor an * Rainbow DBS Company, LLC and EchoStar Satellite L.L.C., Memorandum Opinion and Order, 20 FCC Red. 16868 [ 29 (2005) ("Rainbow 1 Assignment Order"). * Northpoint Technology Ltd. v. FCC, 412 F.3d 145 (D.C. Cir. 2005); Public Notice, Direct Broadcast Satellite (DBS) Service Auction Nullified: Commission Sets Forth Refund Procedures for Auction No. 52 Winning Bidders and Adopts a Freeze on All New DBS Service Applications, FCC 05—213 (rel. Dec. 21, 2005). The DBS freeze does not apply to "requests for special temporary authority." Id. at 2. ° See Amendment ofthe Commission‘s Policies and Rulesfor Processing Applications in the Direct Broadcast Satellite Service in the United States, Notice of Proposed Rulemaking, 21 FCC Red. 9443 (2006).

STA to operate on the unassigned channels as well as 8 channels assigned to Dominion Video Satellite, Inc. and the 11 channels assigned to Rainbow on March 21, 1998." Rainbow subsequently operated on the unassigned channels for a two—year period,7 before ESOC acquired the Rainbow 1 satellite and regained authority in 2005.° On January 1, 2008, ESOC assigned the STA to .EchoStar as part of a pro forma corporate reorganization under which ESOC‘s parent, EchoStar Communications Corporation, spun off its wholly—owned subsidiary, EchoStar." The Commission has highlighted repeatedly "the importance of ensuring that spectrum can continue to serve the public rather than lying fallow unnecessarily, even on a temporary basis."" During the past eleven years, the flexibility provided by this much—needed capacity has proven instrumental to DBS providers. ° See In the Matter ofDirect Broadcasting Satellite Corporation, Application for Special Temporary Authority to Operate a Direct Broadcast Satellite Over Channels 1—21 (odd) and 23— 32 (odd and even) at 61.5° W.L., Memorandum Opinion and Order, 13 FCC Red. 6392 (1998) ("EchoStar 1998 STA Grant). For a full description of the regulatory history of these channels, see File No. SAT—STA—20090821—00092, Narrative at n.4 (filed Aug. 21, 2009). ‘ Rainbow DBS Company, LLC, received the STA to operate on the unassigned channels in 2003. EchoStar Satellite Corporation and Rainbow DBS Company LLC, Order and Authorization, 18 FCC Red. 19825 (2003) ("Rainbow STA Order"). ® The Rainbow STA was assigned to EchoStar Satellite L.L.C. ("ESLLC®") in October 2005 as part of the sale of the Rainbow 1 satellite to EchoStar. See EchoStar Satellite L.L.C., File No. SAT—STA—20050930—00183 (granted Sept. 30, 2005); see also Rainbow 1 Assignment Order. The STA was then assigned from ESLLC to EchoStar Satellite Operating Corporation ("ESOC") in September 2006. See Application for Pro Forma Assignment ofLicenses from EchoStar Satellite L.L.C. to EchoStar Satellite Operating Corporation, File No. SAT—ASG— 20051129—00256 (granted Sep. 13, 2006). ° See Public Notice, DA 07—4655 (rel. Nov. 16, 2007) (consenting to the transfer of several authorizations as part of the spin—off). Rainbow STA Order § 8; see also EchoStar 1998 STA Grant 7 ("‘furthering the Commission‘s objective to make efficient use of available spectrum").

On April 6, 2010, the Bureau renewed EchoStar‘s STA to operate DBS service from its EchoStar 12 satellite over Channels 23 and 24 at the 61.5° W.L. orbital location for a period of 180 days. That STA expires on September 24, 2010.‘‘ In addition, on August 18, 2010, the Bureau granted EchoStar STA for 30 days to operate on channels 23 and 24 for its recently launched DBS satellite, EchoStar 15, which replaced the EchoStar 3 satellite at the 61.55° W.L. orbital location." With this application, EchoStar requests renewal of the EchoStar 15 STA. EchoStar will not seek renewal of the EchoStar 12 STA unless needed for some unforeseen event, such as a technical failure. IL. GRANT OF A RENEWAL STA WOULD CONTINUE TO SERVE THE PUBLIC INTEREST On July 10, 2010, EchoStar successfully launched EchoStar 15, a 32—transponder—capable DBS satellite that, in light of the loss of AMC—14, will effectively replace EchoStar 3 at 61.5° W.L." The satellite became fully operational on August 5, 2010.‘" EchoStar is currently transmitting on Channels 23 and 24 from the EchoStar 15 satellite pursuant to. its STA." In the event of a technical failure on EchoStar 15, EchoStar intends to apply for a renewal STA for the EchoStar 12 satellite to provide continuous service to its customer on the two channels. 4 See 61.5 STA Order [ 5; see also Stamp Grant, File No. SAT—STA—20100226—00037, at 2—3 (granted Apr. 6, 2010). * EchoStar 15 STA Order 1. } EchoStar Corporation, Order and Authorization, DA 10—1553 (rel. Aug. 18, 2010). * See Letter from Christopher R. Bjornson, Counsel for DISH Operating LL.C., Steptoe & Johnson LLP to Robert Nelson, Chief, Satellite Division, International Bureau, Federal Communications Commission (dated Aug. 6, 2010), filed in File No. SAT—LOA—20100310— 00043. " EchoStar 15 STA Order § 1.

As explained in the original EchoStar 15 STA application, which is hereby incorporated by reference, the "CONUS—plus" capability of EchoStar 15 increases the capacity of EchoStar‘s customer, DISH Network Corporation ("DISH"), to provide High Definition programming to subscribers, and its advanced spot—beam technology will enhance DISH‘s ability to provide local—into—local stations across the country.‘" The requested STA will continue to ensure improved services available to its customers. EchoStar agrees to comply with the conditions set forth in the STA Order."" III. CONCLUSION For the foregoing reasons, EchoStar respectfully requests that the Commission renew its STA to operate the EchoStar 15 satellite at the 61.55° W.L. orbital location on Channels 23 and 24 for an additional 180 days. Respectfully submitted, Is/ Pantelis Michalopoulos Alison Minea Christopher Bjornson _ Corporate Counsel L. Lisa Sandoval EchoStar Corporation Steptoe & Johnson LLP 1110 Vermont Avenue, NW, Suite 750 1330 Connecticut Avenue N.W. Washington, D.C. 20005 Washington, D.C. 20036 (202) 293—0981 (202) 429—3000 Counselfor EchoStar Corporation August 30, 2010 5 See File No. SAT—STA—20100615—00134, Narrative at 2 (filed June 15, 2010). EchoStar 15 STA Order ® 9—17.


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Document Modified: 2019-04-09 06:19:01
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