Attachment EchoStar - Grant Apr

EchoStar - Grant Apr

DECISION submitted by IB,FCC

GRANT

2012-04-18

This document pretains to SAT-STA-20120227-00023 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2012022700023_948971

File #_ SPT gm—20120227— 000223 Call Sign $2#1) Grant Date o4/ig/12. ‘or other identifier y § Toerm Dates Per«d of Approved by OMB : From O4/12 /12 o. 180 days 3060—0678 Date & Time Filed: Feb 27 2012 5:03:25:613PM P0 Jntc fonal Bureau_| Approved: File Number: SAT—STA—20120227—00023 withcenditions + P%” Callsign: «9: ‘ Cnief, Sateilite Poficj Branc 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 Over Channels 23 and 24 at 61.55 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: Ms Alison Minea

Attachment to Grant EchoStar Satellite Operating Corporation IBFS File No. SAT—STA—20120227—00023, Call Sign S2811 April 17, 2012 EchoStar Satellite Operating 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 April 12, 2011. 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, 25 FCC Red 10980 (Int‘l Bur. Sat. Div. 2010). file# Sat— sh— 20120227— 00023 ‘,A ncen |( | Call Sign SZ‘KI\ Grant Date 04 '?/IZ Oof Ol t‘\/1) 3 ( Term Dates Péricd of 1 TT | Prom_ou/2/i2 T"’M GAARN EV International Bureau | A J. Duall bnmecmrsrerseasemvemmnnsemmnmnsssemeecmninnnmmend + uit cond«hons i8€, Sedetlike FblicJ Branch

2. Contact Name: Pantelis Michalopoulos Phone Number: 202—429−,6494 Company: Steptoe & Johnson LLP Fax Number: Street: 1330 Connecticut Avenue 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 SATSTA2011090900176 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 J Noncommercial educational licensee {» Other(please explain): 4b. Fee Classification 5. Type Request J Change Station Location @) Extend Expiration Date ) Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 61.55 W.L. 2012—10—08 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 Satellite Operating Corporation requests a renewal of its special temporary authority to operate the EchoStar 15 satellite over Channels 23 and 24 at 61.55 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 £34 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@fce.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 ) In the Matter of ) ) —File No. SAT—STA—20110909—00176 ECHOSTAR SATELLITE OPERATING File No. SAT—STA—2012 — CORPORATION Call Sign $2811 Request for Renewal of Special Temporary 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 Satellite Operating Corporation ("ESOC") requests renewal of its special temporary authority ("STA") to operate the 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 April 11, 2012." For the reasons set forth below, grant of this request will serve the public interest. See File Nos. SAT—STA—20110909—00176 (granted Oct. 18, 2011); SAT—STA— 20110525—00096 (granted May 27, 2011). Following the pro forma assignment of the EchoStar 15 satellite from EchoStar Corporation ("EchoStar") to ESOC, ESOC requested and was granted authority to operate EchoStar 15 on DBS channels 23 and 24 at the 61.55° W.L. orbital location for the remainder of EchoStar‘s authorization. See id; File No. SAT—STA—20110303—00048 (granted Apr. 19, 2011) (renewing EchoStar‘s STA to operate EchoStar 15 on DBS channels 23 and 24 at 61.55° W.L.). * See Stamp Grant, File No. SAT—STA—20110909—00176 (granted Oct. 18, 2011).

I. BACKGROUND AND PROCEDURAL HISTORY As ESOC has previously described to the Commission, DBS channels 23 and 24 at the nominal 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 STA to DBS providers to operate on these channels for thirteen years subject to different conditions. On March 21, 1998, the Commission granted ESOC‘s predecessor—in— interest STA to operate on channels 23 and 24, as well as 8 channels assigned to Dominion * See id. * Rainbow DBS Company, LLC and EchoStar Satellite L.L.C., Memorandum Opinion and Order, 20 FCC Red. 16868, 16880 « 29 (2005) ("Rainbow 1 Assignment Order‘). ° Northpoint Technology Ltd. v. FCC, 412 F.34 145 (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) (stating that the DBS freeze does not apply to "requests for special temporary authority"). ° See Amendment of the Commission‘s Policies and Rules for Processing Applications in the Direct Broadcast Satellite Service in the United States, Notice ofProposed Rulemaking, 21 FCC Red. 9443 (2006).

Video Satellite, Inc. and 11 channels assigned to Rainbow DBS Company, LLC ("Rainbow").‘ Rainbow subsequently operated on channels 23 and 24 pursuant to STA for a two—year period® before ESOC‘s predecessor—in—interest acquired the Rainbow 1 satellite in 2005.° On January 1, 2008, ESOC‘s predecessor—in—interest assigned the STA to EchoStar as part of a pro forma corporate reorganization under which 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 thirteen years, the flexibility provided by this much—needed capacity has proven instrumental to DBS providers. ‘ See Direct 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 (granted Dec. 1, 2009). 8 Rainbow received STA (the "Rainbow 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 Stamp Grant, File No. SAT— STA—20050926—00183 (granted Sept. 30, 2005); see also Rainbow 1 Assignment Order, 20 FCC Red. 16868. The STA was then assigned from ESLLC to an affiliate, EchoStar Satellite Operating Corporation ("old ESOC"), in September 2006. See Application for Pro Forma Assignment of Licenses from EchoStar Satellite L.L.C. to EchoStar Satellite Operating Corporation, File No. SAT—ASG—20051129—00256 (granted Sep. 13, 2006). 9 See Public Notice, Policy Branch Information Actions Taken, DA 07—4655 (rel. Nov. 16, 2007) (consenting to the transfer of several authorizations as part of the spin—off). 4 Rainbow STA Order, 18 FCC Red. at 19828 €| 8; see also EchoStar 1998 STA Grant, 13 FCC Red. at 6394 «| 7 ("furthering the Commuission‘s objective to make efficient use of available spectrum").

II. GRANT OF THIS REQUEST WOULD 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," effectively replaced EchoStar 3 at the nominal 61.5° W.L. orbital location. EchoStar 15 became fully operational on August 5, 2010." The two unassigned channels 23 and 24 have been operating on EchoStar 15 subject to STA. In the event of a technical failure on EchoStar 15, ESOC intends to apply to renew its STA for the EchoStar 12 satellite to provide continuous service to its customer on the two channels. As explained in the original EchoStar 15 STA application filed by EchoStar, which is hereby incorporated by reference, the "CONUS—plus" capability of EchoStar 15 increases the capacity of ESOC‘s customer, DISH Network L.L.C. ("DISH"), to provide High Definition programming to subscribers, and its advanced spot—beam technology enhances DISH‘s ability to provide local—into—local stations across the country.""* The requested STA will continue to ensure these services continue to be available to its customers. ESOC agrees to comply with the conditions set forth in the original order authorizing EchoStar to operate EchoStar 15 over Channels 23 and 24. * See Letter from Pantelis Michalopoulos, Counsel for EchoStar Corporation, to Marlene H. Dortch, Secretary, FCC (Dec. 30, 2008), filed in File No. SAT—STA—20080923—00193. } See Letter from Christopher R. Bjornson, Counsel for DISH Operating L.L.C., to Robert Nelson, Chief, Satellite Division, International Bureau, Federal Communications Commission (Aug. 6, 2010), filed in File No. SAT—LOA—20100310—00043. * See File No. SAT—STA—20100615—00134, Narrative at 2 (filed June 15, 2010). See Stamp Grant, File No. SAT—STA—20110525—00096 (granted May 27, 2011); 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, 25 FCC Red. 10980, 10982—83 4 9—17 (2010).

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 fof renewal ofits special temporary authority 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 Stephanie A. Roy 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 February 27, 2012


Document Created: 2012-04-18 13:06:43
Document Modified: 2012-04-18 13:06:43
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