Attachment EchoStar- Grant Oct

EchoStar- Grant Oct

DECISION submitted by IB,FCC

gr

2010-10-13

This document pretains to SAT-STA-20101004-00208 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010100400208_845135

$2741          SAT—STA—20101004—00208      1B2010003118     f                            Filb #   Sht—sm—20101004—00208
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  File Number: SAT—STA—20101004—00208
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                                               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 3 as an In—Orbit Spare at 61.45 W.L.
   1. Applicant

                Name:          EchoStar Corporation                Phone Number:                                 202—293—0981
                DBA Name:                                          Fax Number:

                Street:        100 Inverness Terrace East          E—Mail:


                City:          Englewood                           State:                                        CO
                Country:       USA                                 Zipcode:                                      80112         —

                Attention:     Alison Minea


                                    Attachment to Grant
                                   EchoStar Corporation
               IBFS File No. SAT—STA—20101004—00208, Call Sign $2741
                                   October 13, 2010




EchoStar Corporation is granted special temporary authority to continue operating the
EchoStar 3 space station (Call Sign $2741) at the 61.45° W.L. orbital location for a
period of 30 days commencing on October 7, 2010. Operations pursuant to this
authorization shall be in accordance with conditions imposed as part of EchoStar
Corporation‘s initial authorization to operate EchoStar 3 at this orbital location, granted
on August 6, 2010. IBFS File No. SAT—STA—20100803—00173.




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2. Contact


             Name:        Pantelis Michalopoulos                Phone Number:                    _    (202) 429—6494
             Company:       Steptoe & Johnson LLP               Fax Number:
             Street:        1330 Connecticut Ave. NW            E—Mail:                               prfiichalopoulos@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 SATSTA2010090100189 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
«4 Other(please explain):

4b. Fee Classification

5. Type Request


} Change Station Location                          & Extend Expiration Date       >                  (a] Other


6. Temporary Orbit Location                                                7. Requested Extended Expiration Date
        61.45 W.L.                                                              2010—11—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.)
     EchoStar Corporation requests renewal of its special temporary authority to operate its
     EchoStar 3 satellite as an in—orbit spare at 61.45 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           C) 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                                         j        11. Title of Person Signing
Alison Minea                                                                Corporate Counsel
12. Please supply any need attachments.
 Attachment 1: Natrrative                          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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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/ N/ N/ NNN NV NNN
In the Matter of
                                                                         Call Sign 2741
ECHOSTAR CORPORATION
                                                                         File No.   SAT—STA—20100615—00135
Application to Renew Its Special Temporary                               File No.   SAT—STA—20100803—00173
Authority to Operate EchoStar 3 as an                                    File No.   SAT—STA—20100901—00189
In—Orbit Spare at 61.45° W.L.                                            File No.   SAT—STA—2010




      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. Pursuant to the Commission‘s authorization, EchoStar moved

the satellite to that orbital location on July 10, 2010 to accomquate EchoStar 15,‘ and the

current STA to operate there expires on October 6, 2010."

       As the Commission is aware, on July 10, 2010, EchoStar successfully launched EchoStar

15, a 32—transponder—capable Direct Broadcast Satellite ("DBS") that, in light of the loss of

AMC—14, will effectively replace EchoStar 3." The satellite became fully operational on

August 5, 2010. 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. EchoStar 3, along with EchoStar 6

       \ See Stamp Grant, File No. SAT—STA—20100615—00135 (granted July 7, 2010).

       * See Stamp Grant, File No. SAT—STA—20100901—00189 (granted Sept. 9, 2010).

       * See Stamp Grant, File No. SAT—LOA—20100310—00043 (granted July 1, 2010).


and EchoStar 12, will supplement the service, as needed, provided by EchoStar 15 to maintain

regular programming. The continued operation of EchoStar 3 ensures that EchoStar’s‘ customer,

DISH Network Corporation, will be able to continue providing DBS service to consumers

without any service interruptions.

R      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 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 conditions set forth in the grant."

       EchoStar notes that although EchoStar 3 is currently in storage configuration and not

broadcasting to earth, in the event of a technical failure of another satellite, EchoStar may bring

EchoStar 3 back into use. This will ensure that there is nointerruption of service to DBS

consumers.

IJ.    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.



       * See File No. SAT—STA—20100803—00173 (Aug. 6, 2010).


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

grant.5



                                                  Respectfully submitted,


                                                            Is/

Pantelis Michalopoulos                             Alison Minea
Christopher R. Bjornson                            Corporate Counsel
L. Lisa Sandoval                                   EchoStar Corporation
Steptoe & Johnson LLP                              1110 Vermont Avenue, NW, Suite 750
1330 Connecticut Avenue, NW.                       Washington, D.C. 20005
Washington, D.C. 20036                             (202) 293—0981
(202) 429—3000
Counselfor EchoStar Corporation


October 4, 2010




          * Id.



Document Created: 2019-04-07 04:41:49
Document Modified: 2019-04-07 04:41:49

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