Attachment EchoStar - Grant Apr

EchoStar - Grant Apr

DECISION submitted by IB,FCC

Grant

2012-04-30

This document pretains to SAT-STA-20120424-00073 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2012042400073_950496

SAT—STA—20120424—00073 1B2012001092 $2741 File # SAT sm— 20120424— 00073 1 EchoStar Satellite Operating Corporation Call Sign 32."“-” Grant Date_O4 /30/12 (or other identifier) Torm Dites pebert of Approved by OMB From_O4/230/12 To:days 3060—0678 Date & Time Filed: Apr 24 2012 12:19:53:226PM ternational Bureau Approved: File Number: SAT—STA—20120424—00073 _ 4 with condifions Ste J. Duall ‘ Callsign: Ch\efi'Sqfe"flC %"(d 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: Application for Special Temporary Authority to Move EchoStar 3 to, and Operate It as an In—Orbit Spare at, 61.8 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 IBFS File No SAT—STA—20120424—00073 Call Sign $2741 The application of EchoStar Satellite Operating Corporation (EchoStar) for special temporary authority, IBFS File No. SAT—STA—20120424—00073, is granted. Accordingly, EchoStar is authorized, for a period of 30 days, to conduct telemetry, tracking, and telecommand operations necessary to drift the EchoStar 3 space station (Call Sign $2741) from the 61.45° W.L. orbital location to the 61.8° W.L. orbital location and to maintain it at the 61.8° W.L. orbital location. Specifically, EchoStar is authorized to use the 17301.5 MHz frequency for the telecommand uplink and the 12201 MHz, 12203 MHz, and 12699 MHz frequencies for the telemetry and beacon downlinks during these operations. This authorization shall be in accordance with the technical specifications set forth in EchoStar‘s application, the Commission‘s rules, and is subject to the following conditions: 1) During the drift to and while at the 61.8° W.L. orbital location, EchoStar may not operate EchoStar 3‘s communications payload. 2) While at the 61.8° W.L. orbital location, EchoStar shall maintain the EchoStar 3 space station within an east/west longitudinal station—keeping tolerance of + 0.05 degrees 3) EchoStar shall coordinate all drift orbit telemetry, tracking, and telecommand operations with other potentially affected in—orbit operators. 4) All operations shall be on an unprotected and non—harmful interference basis, i.e. EchoStar shall not cause harmful interference to, and shall not claim protection from interference caused to it by, any other lawfully operating radiocommunication station. 5) In the event that any harmful interference is caused as a result of operations of the EchoStar 3 satellite, EchoStar shall cease operations immediately upon notification of such an event, and shall inform the Commuission immediately, in writing, of the event. 6) This action is without prejudice to Commission decision on EchoStar‘s application for special temporary authority to operate the EchoStar 3 space station at the 61.8° W.L. orbital location for 180 days as an in—orbit spare. 43 Any action taken or expense incurred as a result of operations pursuant to this special temporary authority is solely at EchoStar‘s ownrisk. 8) 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. Tile # SPretn—2oiro424—Co73 Call Sign SZ74W__ Grant Date ou/[30/12 (or other identifier) perid of Term Dates From OLHBO/2 Ty: C Jaté 1 | Approved: § J. Bua U Chef, Satellite Fbfic:j Rerch

2. Contact Name: Pantelis Michalopoulos Phone Number: 202—429—6494 Company: Steptoe & Johnson LLP Fax Number: Street: 30 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 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 C Noncommercial educational licensee 3 Other(please explain): 4b. Fee Classification 5. Type Request &y Change Station Location {3 Extend Expiration Date C Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 61.8 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 requests Special Temporary Authority to move EchoStar 3 to, and operate it as an in—orbit spare at, 61.8 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 «73 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@fcec.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 L&AW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 No ho h Nt Nt Nee Nt Nt N) N) NZ! N) In the Matter of ECHOSTAR SATELLITE OPERATING File No. SAT—STA—2012 CORPORATION File No. SAT—STA—2012 Call Sign $2741 Applications for Special Temporary Authority to Move EchoStar 3 to, and Operate It as an In—Orbit Spare at, 61.8° W.L. APPLICATIONS FOR SPECIAL TEMPORARY AUTHORITY‘ EchoStar Satellite Operating Corporation ("ESOC," and collectively with its affiliates, "EchoStar") hereby requests 30—day special temporary authority ("STA") under Section 25.120(b) of the Commission‘s rules beginning on or about April 30, 2012, (a) to move the EchoStar 3 satellite from its current orbital position at 61.45° W.L. to the 61.8° W.L. orbital position; and (b) to operate the satellite at 61.8° W.L. as an in—orbit spare. EchoStar further requests a 180—day STA to operate EchoStar 3 at 61.8° W.L. as an in—orbit spare, once the satellite has been relocated." This request is being made in anticipation of the upcoming launch ‘ Concurrent with this application, EchoStar is filing applications for STA to operate two ofits transmit/receive earth stations with EchoStar 3 to provide the necessary telemetry, tracking, and control ("TT&C") service to EchoStar 3 during its relocation to 61.8° W.L. and once relocation is complete. 2 47 C.F.R. § 25.120(b). 3 EchoStar will maintain EchoStar 3 within a + 0.05° station—keeping box while at 61.8° W.L.

of EchoStar 16,* and is part of a series of moves that EchoStar anticipates in order to accommodate EchoStar 16 at the nominal 61.5° W.L. orbital location. 1. BACKGROUND As the Commuission is aware, on July 10, 2010, EchoStar successfully launched EchoStar 15, a 32—transponder Direct Broadcast Satellite ("DBS") that, in light of the loss of AMC—14," effectively replaced EchoStar 3.° EchoStar 15 became fully operational on August 5, 2010. To accommodate testing and operation of EchoStar 15 at 61.55° W.L., and the concutrrent 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 acts as an in—orbit spare, ready to supplement service provided from the 61.5° W.L. orbital location, as needed, to maintain regular programming. The continued operation of EchoStar 3 helps to ensure that ESOC‘s customer, DISH Network L.L.C., will be able to continue providing DBS service to consumers without any service interruptions. EchoStar is now preparing to launch the EchoStar 16 satellite as early as August 2012, which will further supplement the service provided from 61.5° W.L. and ensure the continued full utilization of the DBS spectrum at that orbital location. In anticipation of this launch and the assumption of operations at 61.5° W.L. by EchoStar 16, EchoStar is repositioning the spacecraft in the 61.5° W.L. orbital cluster. This move of EchoStar 3 to 61.8° W.L. is the first step in these * See File Nos. SAT—LOA—20110902—00172 (filed Sept. 2, 2011); SAT—STA—20110902—00171 (filed Sept. 2, 2011); SAT—STA—20120315—00049 (filed Mar. 15, 2012). ° See Letter from Pantelis Michalopoulos, Counsel for EchoStar Corporation, to Marlene H. Dortch, Secretary, FCC, File No. SAT—STA—20080923—00193 (Dec. 30, 2008). ° See Stamp Grant, File No. SAT—LOA—20100310—00043 (granted July 1, 2010). ‘ EchoStar 3 currently operates as an in—orbit spare at 61.45° W.L. per STA that is set to expire on May 2, 2012. See Stamp Grant, File No. SAT—STA—20111004—00195 (granted Nov. 16, 2011).

repositioning efforts. Upon completion of the EchoStar 3 relocation, EchoStar anticipates seeking authority to move EchoStar 15 from 61.55° W.L. to the 61.65° W.L. location. With EchoStar 12 at 61.35° W.L., the launch of EchoStar 16 to 61.5° W.L. will align each of EchoStar‘s satellites at 0.15° separation, with the three operational satellites centered around the 61.5° W.L. nominal orbital location. Repositioning EchoStar 3 at 61.8° W.L. leaves the satellite in close proximity to the 61.5° W.L. nominal orbital location and available, if needed, for repositioning within the orbital cluster to provide service. Grant of the requested authority is consistent with Commission precedent. The Commission has previously granted temporary authority to operate outside of an orbital cluster on the condition that operations do not cause harmful interference to lawfully operating satellite systems and that the satellite system operate without protection from lawful systems." In fact, in very similar circumstances, the Bureau approved a request by EchoStar for relocation of the EchoStar 6 satellite outside of the 110° W.L. cluster." For the reasons set forth below, the relocation of EchoStar 3 to 61.8° W.L. will not cause harmful interference to any authorized user of the spectrum and would be in the public interest. Accordingly, the Commuission should grant the requested STAs. 8 See Letter from Thomas S. Tyez, Chief, Satellite and Radio Communications Division, FCC, to David K. Moskowitz, Senior Vice President and General Counsel for EchoStar Satellite Corporation, at 2, dated Jan. 14, 2000 (granting authority to operate the EchoStar 4 satellite at 119.35° W.L., outside of the 119° W.L. cluster). ° See Stamp Grant, File No. SAT—STA—20060303—00023 (granted Apr. 28, 2006). The Bureau repeatedly renewed this STA. See Stamp Grant, File No. SAT—STA—20061020—00124 (granted Apr. 10, 2007); Public Notice, Policy Branch Information Actions Taken, Informative, 23 FCC Red. 6586, 6586 (2008); Public Notice, Policy Branch Information Actions Taken, Special Temporary Authority Grant of Authority, 23 FCC Red. 6902, 6903 (2008).

IL. THIS REQUEST IS IN THE PUBLIC INTEREST AND WILL NOT CAUSE HARMFUL INTERFERENCE The requested STAs are in the public interest for the same reason EchoStar was granted STA to operate EchoStar 3 as an in—orbit spare. Moreover, grant of this application will ensure safe station—keeping margins for each of the satellites that are located at the nominal 61.5° W.L. orbital location. Relocation of EchoStar 3 to 61.8° W.L. as proposed herein will not harm adjacent satellite operators, because EchoStar proposes to operate EchoStar 3 solely as an in—orbit spare while at 61.8° W.L., and so will operate only the TT&C frequencies on the satellite. Furthermore, the relocation will not adversely affect existing customers because the EchoStar 3 satellite itself is not carrying any traffic. The satellite‘s capacity has already been replaced by EchoStar 15, which in turn is backed up by the capacity on EchoStar 12. During this relocation, EchoStar 3 will act solely as an in—orbit spare, unless it is needed to provide capacity in the event of an anomaly affecting another satellite in the EchoStar fleet at the nominal 61.5° W.L. orbital location. In the event that EchoStar 3‘s communications payload is required to supplement service from that orbital location, EchoStar will seek appropriate authority to move EchoStar 3 back within the orbital cluster of 61.5° W.L. before seeking to provide service from the satellite. III. OPERATIONAL PARAMETERS During relocation maneuvers and maintenance of EchoStar 3 at the 61.8° W.L. orbital location, all transponders other than the TT&C transponders will be switched off, and EchoStar will operate the satellite subject to the following conditions: 1. During the drift to the 61.8° W.L. orbital location, and while maintaining an orbit at that location, EchoStar shall not operate the main communications payload on EchoStar 3.

2. EchoStar shall coordinate all drift orbit TT&C operations with other potentially affected in—orbit operators. 3. Drift operations and operations at 61.8° W.L. shall be on a non—harmful interference basis, meaning that EchoStar shall not cause interference to, and shall not claim protections from, interference caused to it by any other lawfully operating satellites. 4. In the event that any harmful interference is caused as a result of operations during the relocation of the EchoStar 3 satellite or while the satellite is at 61.8° W.L., EchoStar shall cease operations immediately upon notification of such interference and shall inform the Commission immediately, in writing, of such event. IV. 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 use of thé electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise. v. CONCLUSION For the foregoing reasons, ESOC respectfully requests grant ofits application for 30—day STA, beginning on or about April 30, 2012, to move EchoStar 3 to 61.8° W.L. and to operate it as an in—orbit spare. ESOC further requests that the Commission grant its application for STA to operate EchoStar 3 at 61.8° W.L. as an in—orbit spare for 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 April 24, 2012


Document Created: 2012-04-30 17:35:23
Document Modified: 2012-04-30 17:35:23
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC