Attachment EchoStar - Grant May

EchoStar - Grant May

DECISION submitted by IB,FCC

GRANT

2011-05-27

This document pretains to SAT-STA-20110525-00098 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2011052500098_891303

— Pro forma ‘hmf\sfer of_control onlg —. 182011001495 | File# SBT— STh— 20‘10525—000@1 $2741 SAT—STA—20110525—00097 EchoStar Satellite Operating Corporation EchoStar 3 CallSi 32 GmntDate os/z7£n 522gn ‘or other identifier ( ) Term Dates _ > Approved by OMB 3060—0678 From To: O%/1\ /\! GHANTED* Date & Time Filed: May 25 2011 12:28:35:116PM International Bureau | Approved: File Number: SAT—STA—20110525—00098 *#See atiachment Ste, J Duall Callsign: Chi , Sedetlite RBlicy Banch 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: Special Temporary Authority to Operate EchoStar 6 at 76.95 W.L. 1. Applicant Name: EchoStar Satellite Operating Phone Number: 202—293—0981 Corporation 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 IBFS File No. SAT—STA—20110525—00098 Grant of this Special Temporary Authority authorizes the pro forma change of the authorization holder due to a pro forma corporate restructuring only and does not change the other terms of the related and pre—existing STA grant (IBFS File No. SAT—STA— 20110401—00067).

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 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). (ed Governmental Entity @4 Noncommercial educational licensee G Other(please explain): 4b. Fee Classification 5. Type Request C3 Change Station Location C Extend Expiration Date y Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 76.95 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 Satellite Operating Corporation (‘ESOC‘) requests Special Temporary Authority to operate the EchoStar 6 satellite at 76.95 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 (ed 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 N/ N/ NNN NNN N/ In the Matter of ECHOSTAR SATELLITE OPERATING File No. SAT—STA—2011 CORPORATION Call Sign $2232 Application for Special Temporary Authority to Operate EchoStar 6 at 76.95° W.L. APPLICATION FOR SPECIAL TEMPORARY AUTHORITY By this Application, and pursuant to Section 25.120(a)(3) of the Commission‘s rules,‘ EchoStar Satellite Operating Corporation ("ESOC") requests Special Temporary Authority ("STA") to operate the EchoStar 6 satellite from the 76.95° W.L. orbital location for the remainder of the STA period granted to ESOC‘s parent, EchoStar Corporation ("EchoStar") — i.e., June 11, 2011. On April 21, 2011, EchoStar received Commission consent to assign the satellite and all associated authorizations to ESOC on a pro forma basis, and has consummated the transaction." ESOC requests that the Commission grant this STA to ensure there is no gap in ESOC‘s ability to operate EchoStar 6.‘ 147 CFR. § 25.120(a)(3). * See Stamp Grant, File No. SAT—STA—20110401—00067 (granted Apr. 7, 2011). *‘ See File No. SAT—ASG—20110224—00033 (granted Apr. 21, 2011). EchoStar filed a notice of consummation of the pro forma transaction on May 23, 2011. See also, Letter from Pantelis Michalopoulos, Counsel for EchoStar Corporation, to Marlene H. Dortch, Secretary, FCC (May 23, 2011), filed in File Nos. SAT—ASG—20110224—00033, SAT—ASG—20110224— 00034, SAT—ASG—20110224—00035. * As noted in EchoStar‘s application for pro forma assignment of the satellite, it received the approval of its board of directors to assign its space station and earth station facilities upon

EchoStar 6 arrived at the 76.95° W.L. orbital location on February 13, 2011, and began providing service on February 14, 2011. The relocation was prompted by a single event upset ("SEU") that temporarily affected the EchoStar 8 satellite." On March 14, 2011, EchoStar filed an application to transfer the satellite to QuetzSat, S. de R.L. de C.V. ("QuetzSat"), which will | operate the satellite under Mexican authority from the 76.95° W.L. orbital location.© EchoStar also filed an application to modify its blanket earth station authorization to provide service from the Mexican—licensed EchoStar 6 satellite.‘ This request is necessary to allow the continued operation of EchoStar 6 while these applications remain pending.® I. BACKGROUND The nominal 77° W.L. orbital location is allotted to Mexico under the Region 2 Broadcasting—Satellite Service plan set forth in Appendices 30 and 30A to the International Radio Regulations. In addition to the EchoStar 6 satellite, EchoStar currently operates three Direct Broadcast Satellite ("DBS") service satellites at the nominal 77° W.L. orbital location Commission consent. See File No. SAT—ASG—20110224—00033, Narrative at 2 (filed Feb. 24, 2011). ° See Letter from Petra A. Vorwig, Counsel for EchoStar Corporation, to Marlene H. Dortch, Secretary, FCC, filed in File No. SAT—T/C—20090217—00026 (Feb. 1, 2011). ° See File No. SAT—T/C—20110314—00054 (filed Mar. 14, 2011). The application was filed subject to EchoStar‘s then pending pro forma assignment application. ‘ See File No. SES—MFS—20110314—00288 (filed Mar. 14, 2011) ("Blanket Earth Station Application"). That application also was filed subject to the proposed pro forma assignment of the earth station to ESOC‘s sister company, EchoStar 77 Corporation. The pro forma assignment application filed for the blanket earth station remains pending. See File No. SES— ASG—20110228—00560 (filed Feb. 24, 2011). ° The Mexican concessionaire for the 77° W.L. orbital location informed COFETEL of EchoStar 6‘s relocation, and COFETEL "expressed no objection to placement of the Echo 6 satellite in the 77 W cluster." See Letter from Ricardo Rios Ferrer, Legal Representative, QuetzSat, S. de R.L. de C.V., to EchoStar Satellite Service LLC (Feb. 4, 2011), filed in File No. SAT—STA—20110207—00026, Attachment 2.

under Mexican authority issued to its partner, QuetzSat: EchoStar 1, EchoStar 4, and EchoStar 8. The satellites are used by EchoStar‘s customers, DISH Network L.L.C. ("DISH") and DISH Mexico, to provide DBS service in the United States and Mexico, respectively. The U.S. service includes local—into—local programming in a number of markets in the southern United States. EchoStar 6, operating with EchoStar 1 and EchoStar 8 at 77° W.L., provides sufficient capacity to avoid service disruptions from that slot in the event any of the satellites experience a problem. EchoStar 1, a satellite launched in December 1995, has limited capability (only up to 16 transponders), and EchoStar 4, having reached the end of its design life, has been retired from commercial service. I. GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST For the same reasons EchoStar‘s request for STA was in the public interest, so too is this request in the public interest." Specifically, it will continue to ensure the provision of DBS service to the United States, including the provision of local—into—local service in the southern United States, and ensure continuity of receipt of both national and local programming for the subscribers of ESOC‘s customer, DISH, by providing spare capacity at 77° W.L. in the event EchoStar 1 or EchoStar 8 suffers a problem. The continued operation of EchoStar 6 ét 76.95° W.L. also will not cause harmful interference to any other U.S.—licensed satellite operator. There is no DBS orbital location in the vicinity of 77° W.L. that is assigned to the United States (the closest U.S. location is 61.5° W.L.). There will likewise be no harmful interference from the operation of an additional satellite at 76.95° W.L. into Canada‘s DBS allotments at 72.5° W.L. and 82° W.L. There is an * See Stamp Grant, File No. SAT—STA—20110401—00067 (granted Apr. 7, 2011).

existing coordination agreement between Mexico and Canada regarding the Mexican 77° W.L. orbital location and the Canadian orbital l‘ocations 82° W.L. and 72.5° W.L. ESOC will operate EchoStar 6 within the specifications of this coordination agreement as well as the informal operator—to—operator arrangement it has established with DIRECTV to ensure compatibility among their satellites operating at 77° W.L. and 72.5° W.L., respectively. ESOC will also abide by the conditions imposed on the original grant held by EchoStar."" Finally, the continued operation of the EchoStar 6 satellite at 76.95° W.L. will not create any risk of in—orbit collision. EchoStar 6 will be maintained within +/— 0.05° east/west station— keeping, which will ensure that its station—keeping volume will not overlap with ESOC‘s own satellites at 77° W.L. III. 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, ESOC 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. IV. CONCLUSION For the foregoing reasons, ESOC respectfully requests the grant of its application for special temporary authority to operate EchoStar 6 at the 76.95° W.L. orbital location for the remainder of the STA period granted to EchoStar—i.e., June 11, 2011." * See Stamp Grant, File No. SAT—STA—20110207—00026 (granted Feb. 11, 2011). " See Stamp Grant, File No. SAT—STA—20110401—00067 (granted Apr. 7, 2011).

Respectfully submitted, Is/ Pantelis Michalopoulos Alison Minea L. Lisa Sandoval Corporate Counsel Steptoe & Johnson LLP EchoStar Satellite Operating Corporation 1330 Connecticut Avenue, NW 1110 Vermont Avenue, NW, Suite 750 Washington, D.C. 20036 Washington, D.C. 20005 (202) 429—3000 (202) 293—0981 Counselfor EchoStar Satellite Operating Corporation May 25, 2011


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Document Modified: 2019-04-25 04:38:15
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