Attachment DISH - Grant March 1

DISH - Grant March 1

DECISION submitted by IB,FCC

GR

2011-03-17

This document pretains to SAT-STA-20110204-00024 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2011020400024_876510

FilesSBT— StTh— 20110204—oc021] _ Call Sign $2740_ GrantDate_O2/7/11 (or other identifier) n ed Term Dates E)gro'a:‘ Approved by OMB From O3/107/11 To: a9s 3060—0678 CRANTED* J ternational Bureau Approved: + Date & Time Filed: Feb 42011 1:47:47:433PM * With conditions St 3. Duall! File Number: SAT—STA—20110204—00024 Chief, Setellite Policy Branch 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 7 at 118.8 W.L. 1. Applicant Name: DISH Operating L.L.C. Phone Number: 202—293—0981 DBA Name: Fax Number: Street: 9601 South Meridian Boulevard E—Mail: City: Englewood State: CO Country: USA Zipcode: 80112 Attention: Alison Minea

Attachment to Grant DISH Operating L.L.C. IBFS File No. SAT—STA—20110204—00024 Call Sign $2740 The application of DISH Operating L.L.C. (DISH), IBFS File No. SAT—STA—20110204— 00024, for special temporary authority to operate the EchoStar 7 space station (Call Sign $2740) at the 118.8° W.L. orbital location for a period of 180 days, commencing March 10, 2011, using its previously authorized Direct Broadcast Satellite (DBS) channels 1—21 is GRANTED. This authorization is granted in accordance with the technical specifications set forth in the application, its initial authorization (IBFS File Nos. SAT— A/O—20010810—00073, SAT—MOD—20010810—00071),‘ the Commission‘s rules, and the following conditions: 1. While at the 118.8° W.L. orbital location, DISH shall maintain the EchoStar 7 spacecraft with and east/west longitudinal station—keeping tolerance of +/— 0.05 degrees. Any action taken or expense incurred as a result of operations pursuant to this special temporary authority is solely at DISH‘s own risk. Grant of this authorization is without prejudice to any determination the Commission may make regarding permanent operations of the EchoStar 7 space station at the 118.8° W.L. orbital location in IBFS File Nos. SAT— MOD—20100329—00058 and SAT—AMD—20100610—00127. DISH is afforded thirty days from the date of release of this action to decline the authorization as conditioned. Failure to respond within this period will constitute formal acceptance of the authorization as conditioned. 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. File# ShTt—s7Tp—zomnoz204— oco24 Call Sign 8Z740__ Grant Date_ O3/1"Z/1 (or other identifier) Torm Dates Period of Trom O3/10/1) m,. 160 days !— International Bureau Approvcd:-——A%{M—_ — "‘_;):fl': conditions S+€P 3. Deall C)\‘\ef:, Satellite Pol‘nc\xj Branch ‘ Granted in EchoStar Satellite Corporation, Order and Authorization, 17 FCC Red 894 (Sat. & Rad. Div., Int‘! Busr. 2002).

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 SATSTA2010082400183 or Submission ID 4a. Is a fee submitted with this application? «, 1Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.ER.Section 1.1114). «3 Governmental Entity 3 Noncommercial educational licensee £34 Other(please explain): 4b. Fee Classification 5. Type Request y Change Station Location @ Extend Expiration Date g3y Other 6. Temporary Orbit Location — 7. Requested Extended Expiration Date 118.8 W.L. 2011—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.) DISH Operating L.L.C. seeks special temporary authority to operate the EchoStar 7 satellite at 118.8 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 «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 "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).

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@fcc.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 LaAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 N/ N/ NNN NNN N In the Matter of Call Sign $2740 DISH OPERATING L.L.C. File No. SAT—STA—20100219—00031 File No. SAT—STA—20100824—00183 Request for Renewal of Special Temporary File No. SAT—STA—20110204— Authority to Operate EchoStar 7 at 118.8° W.L. REQUEST FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY By this application, DISH Operating L.L.C. ("DISH") respectfully requests renewal of its Special Temporary Authority ("STA") to operate the EchoStar 7 satellite at 118.8° W.L. within the 119° W.L. Direct Broadcast Satellite ("DBS") orbital cluster‘ for an additional 180 days. The current authority expires on March 9, 2011 2 DISH requested authority to move EchoStar 7 to, and operate the satellite at, 118.8° W.L. in order to accommodate the EchoStar 14 satellite." ‘ Specifically, EchoStar 7 will continue to be handled in a station keeping box of + 0.05° center on 118.8° W.L. The 118.8° W.L. spot is allotted to the United States under the International Radio Regulations. As further explained in DISH‘s Opposition to Petition to Dismiss or Deny, which is hereby incorporated by reference, DBS licensees have consistently been afforded significant flexibility to relocate their satellites within the DBS cluster. DISH Operating L.L.C., File No. SAT—MOD—20100329—00058, Opposition to Petition of Spectrum Five LLC to Dismiss or Deny, at 3—5 (filed May 27, 2010). * See Stamp Grant, File No. SAT—STA—20100824—00183 (granted Oct. 14, 2010). > See File Nos. SAT—MOD—20100329—00058 (filed Mar. 29, 2010); SAT—AMD— 20100610—00127 (filed June 10, 2010) ("Amendment Application"). Spectrum Five LLC filed Petitions to Dismiss or Deny both the original modification application and the subsequent amendment. See Spectrum Five LLC, File No. SAT—MOD—20100329—0058, Petition to Dismiss or Deny (filed May 17, 2010); see also Spectrum Five LLC, File No. SAT—AMD—20100610— 00127, Petition to Dismiss or Deny (filed Aug. 2, 2010). The response periods for these two proceedings have closed.

The latter satellite, launched on May 27, 2010, has increased the quality of service and the amount of programming available from the 119° W.L. cluster." For the reasons set forth below, the continued operation of EchoStar 7 at 118.8° W.L. will not cause harmful interference to any authorized user of the spectrum, and would be in the public interest. Accordingly, the Commission should grant the requested renewal STA. L. GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST The Commission has a long—standing policy of granting STA where such authorization will not cause harmful interference and will serve the public interest, convenience, and necessity." The continued operation of EchoStar 7 at 118.8° W.L. will not cause harmful operational or physical interference to any other U.S.—licensed satellite operator, and will serve the public interest. DISH notes that the destination slot for this minor move is allotted to the United States under the International Radio Regulations; it is the eastern boundary of the 119° W.L. cluster. The closest operational BSS satellite to EchoStar 7‘s proposed location (except other DISH satellites) is DIRECTV 78, which is operating at 119.05° W.L. Because EchoStar 7 is now operating farther away from this satellite, its continued operation at 118.8° W.L. will not cause any additional interference to DIRECTV 78. Indeed, if anything, it will decrease the risk of interference. DISH has a long history of coordinating with DIRECTV at the nominal 119° W .L. orbital slot, and believes that, to the extent coordination is required, it will be achieved. * See Letter from Petra A. Vorwig, Counsel for DISH Operating L.L.C., to Marlene H. Dortch, Secretary, FCC, File Nos. SAT—LOA—20090518—00053, SAT—AMD—20090604—00064, SAT—MOD—20100212—00027 (June 3, 2010). ° See e.g., Newcomb Communs., Inc., 8 FCC Red. 3631, 3633 (1993); Columbia Comms. Corp., 11 FCC Red. 8639, 8640 (1996); 4m. Tel. & Tel. Co., 8 FCC Red. 8742 (1993).

For the same reason, the continued operation does not create any additional risk of physical collision. As DISH demonstrated in the orbital debris mitigation plan that it submitted in its Amendment Application in response to a request from the Bureau, the satellite has been manufactured to minimize the risk of becoming a source of debris in the event of a collision." DISH has also indicated that it will be able to physically coordinate with Spectrum Five LLC in the event its pending application for a 17/24 GHz Broadcasting—Satellite Service satellite is granted and the satellite is launched." As for the physical proximity of the satellite to Anik F3, which is located at 118.7° W.L., DISH will continue to coordinate the stationkeeping of EchoStar 7 with Anik F3‘s operator, Telesat Canada. DISH has engaged in coordination with Telesat in the past (indeed it uses the Anik F3 Ku—band payload), and anticipates that coordination will continue to be achieved in this case. The public interest is served since EchoStar 7‘s continued operations at 118.8° W.L. will better accommodate EchoStar 14 at 118.9° W.L. In addition, renewal of the STA will avoid disruption to consumers now receiving service from the satellite. DISH accordingly seeks authority to maintain EchoStar 7 at the 118.8° W.L. orbital location subject to the conditions set forth in the grant." IL. SECTION 304 WAIVER In accordance with Section 304 of the Communications Act of 1934, 47 U.S.C. § 304, DISH hereby waives any claim to the use of any particular frequency or of the electromagnetic spectrum because of the previous use of the same, whether by license or otherwise. ° Amendment Application, Attachment A. ‘ Id. at 4. 8 See Stamp Grant, File No. SAT—STA—20100824—00183 (granted Oct. 14, 2010).

III. CONCLUSION For the foregoing reasons, DISH respectfully requests renewal ofits special temporary authority to operate EchoStar 7 at 118.8° W.L. Respectfully submitted, Is/ Pantelis Michalopoulos Alison Minea Petra A. Vorwig Corporate Counsel L. Lisa Sandoval DISH Operating L.L.C. 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 Counsel for DISH Operating L.L.C. February 4, 2011


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Document Modified: 2019-04-22 18:21:46
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