Attachment EchoStar - Grant Apr

EchoStar - Grant Apr

DECISION submitted by IB,FCC

Grant

2012-04-18

This document pretains to SAT-STA-20120403-00064 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2012040300064_949048

182012000959 Tile # §At sth— 20120403— 00064 $2232 SAT—STA—20120403—00064 || EchoStar Satellite Operating Corporation EchoStar 6 | Call Sign $2232 Grant Date O‘-f[l?/l?_ | (or other identifier) !| From_O4/07h2. Torm Dates Perfiod of 3: Lo days Approved by OMB 3060—0678 Date & Time Filed: Apr 3 2012 6:12:44:163PM k International Bureau Approved: Ste, . Duall : Cm“"—?‘f‘m File Number: SAT—STA—20120403—00064 #ewith cenclifions Callsign: Chief, Sadellite Folicy Branch 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 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: Ms. Alison Minea

Attachment to Grant EchoStar Satellite Operating Corporation IBFS File No. SAT—STA—20120403—00064 Call Sign: $2232 EchoStar Satellite Operating Corporation is granted Special Temporary Authority to continue to operate the EchoStar 6 space station (Call Sign $2232) at the 76.95° W.L. orbital location for a period of 60 days commencing on April 7, 2012. Operations pursuant to this authorization shall be in accordance with conditions imposed as part of EchoStar‘s initial authorization to operate EchoStar 6 at this orbital location, granted on February 11, 2011. See IBFS File No. SAT—STA—20110207—00026. File # $T— STh—20120403—coo64d Call Sign $2232. Grant Date_O4/18/12. {or other identifier) Term Dates per'\od of From OLVO?/12. To: O 4435 ‘-L‘_.L | /\ppmvcd:___%_w— *with condiftions Stepten J. Duall Chief, Setellite Policg Bremch

2. Contact Name: Pantelis Michalopoulos Phone Number: 202−,4290−,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 SATSTA2012011900008 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). g£33; Governmental Entity g*3 Noncommercial educational licensee «4 Other(please explain): 4b. Fee Classification 5. Type Request C Change Station Location @ Extend Expiration Date C Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 76.95 W.L. 2012—06—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 Satellite Operating Corporation requests renewal of its 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 «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@fee.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 Call Sign $2232 ECHOSTAR SATELLITE OPERATING CORPORATION File No. SAT—STA—20120119—00008 File No. SAT—STA—2012 Application to Renew Special Temporary Authority to Operate EchoStar 6 at 76.95° W.L. APPLICATION TO RENEW SPECIAL TEMPORARY AUTHORITY By this Application, EchoStar Satellite Operating Corporation ("ESOC") requests renewal of its Special Temporary Authority ("STA"), under Section 25.120(b)(3) of the Commission‘s rules,‘ for an additional 60 days to operate the EchoStar 6 satellite from the 76.95° W.L. orbital location. The current STA expires on April 6, 2012." 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, ESOC‘s parent company, EchoStar Corporation ("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 47 C.FR. § 25.120(b)(3). 2 See Stamp Grant, File No. SAT—STA—20120119—00008 (granted Jan. 26, 2012). The technical parameters of the satellite and its operations were provided in the Technical Annex and Schedule S submitted with the original STA application. See File No. SAT—STA—20110207— 00026 (granted Feb. 11, 2011). * See Letter from Petra A. Vorwig, Counsel for EchoStar Corporation, to Marlene H. Dortch, Secretary, FCC, File No. SAT—T/C—20090217—00026 (Feb. 1, 2011).

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." As ESOC notified the Commission, ESOC has been operating EchoStar 6 at 76.95° W.L. at an inclined orbit beginning since December 12, 201 1.° EchoStar 6 will continue to provide the same local—into—local and Spanish—language programming service during inclined operations as it has since arriving at 76.95° W.L. ESOC‘s current STA renewal request is necessary to allow it to continue operating EchoStar 6 while the modification applications remain pending. 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.L. cluster.‘ 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, ESOC currently operates two Direct * See File No. SAT—T/C—20110314—00054 (filed Mar. 14, 2011). On April 21, 2011, the Commission consented to the pro forma assignment of EchoStar‘s authorization to launch and operate EchoStar 6 to ESOC. See File No. SAT—ASG—20110224—00033 (granted Apr. 21, 2011). The pro forma assignment was consummated on May 23, 2011. See Letter from Pantelis Michalopoulos and L. Lisa Sandoval, Counsel for EchoStar Corporation and EchoStar Satellite Operating Corporation, to Marlene H. Dortch, Secretary, FCC, File No. SAT—ASG—20110224— 00033 (May 23, 2011). ° See File No. SES—MFS—20110314—00288 (filed Mar. 14, 2011) ("Blanket Earth Station Application"). 8 Letter from Pantelis Michalopoulos, Counsel for EchoStar Corporation, to Marlene H. Dortch, Secretary, FCC, File No. SAT—STA—20111004—00194 (Dec. 2, 2011). ‘ See Letter from Ricardo Rios Ferrer, Legal Representative, QuetzSat, S. de R.L. de C.V., to EchoStar Satellite Services LLC, File No. SAT—STA—20110207—00026, Attachment 2 (Feb. 4, 2011).

Broadcast Satellite ("DBS") service satellites at the nominal 77° W.L. orbital location under Mexican authority issued to its partner, QuetzSat: EchoStar 1 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 and Spanish—language programming in a number of markets in the southern United States. EchoStar 6, operating with EchoStar 1 and EchoStar 8 at 77° W.L., will provide sufficient capacity to avoid service disruptions from that slot in the event any of the satellites experiences a problem. EchoStar 1, a satellite launched in December 1995, has limited capability (only up to 16 transponders), but EchoStar 8 is fully functional. IL. GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST Renewal of ESOC‘s STA to operate EchoStar 6 at 76.95° W.L. is in the public interest because it will continue to ensure the provision of DBS service to the United States, including the provision of local—into—local and Spanish—language service in the southern United States. It will also ensure continuity of receipt of both national and local programming for the subscribers of EchoStar‘s customer, DISH, by providing spare capacity at 77° W.L. in the event EchoStar 1 or EchoStar 8 suffers a problem. Additionally, operating EchoStar 6 at an inclined orbit will extend the time that the satellite is able to provide services to customers. The continued operation of EchoStar 6 at 76.95° W.L. 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. orbital location is 61.5° W.L., an orbital location held only by ESOC). 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 existing coordination agreement between Mexico and Canada

regarding the Mexican 77° W.L. orbital location and the Canadian orbital locations 82° W.L. and 72.5° W.L. ESOC will operate EchoStar 6 within the specifications of this coordination agreement. ESOC will also abide by the conditions imposed on the original grant,° and the Commission‘s requirements for inclined orbit operations." 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 to renew its special temporary authority to operate EchoStar 6 at the 76.95° W.L. orbital location for an additional 60 days. 8 See Stamp Grant, File No. SAT—STA—20110207—00026 (granted Feb. 11, 2011). ° See 47 C.FR. § 25.280(b). These requirements are intended to ensure that a satellite‘s inclined orbit operations cause no more radio frequency interference to adjacent satellites than would a satellite operating without an inclined orbit. See Mitigation of Orbital Debris, Second Report and Order, 19 FCC Red. 11567, 11586—87 «[ 45 n. 129 (2004).

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 April 3, 2012


Document Created: 2012-04-18 17:13:45
Document Modified: 2012-04-18 17:13:45
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