Attachment EchoStar - Grant Jun

EchoStar - Grant Jun

DECISION submitted by IB,FCC

GRANT

2012-06-12

This document pretains to SAT-STA-20120424-00074 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2012042400074_954814

) j i File # ent em— 2o221— oco74 _ $2741 SAT—STA—20120424—00074 182012001093 EchoStar Satellite Operating Corporation EchoStar 3 ~Call Sign $2741 Grant Date oo/i2/12 (or other identifier) ‘TcrmDatcs poned of Approved by OMB 3060—0678 From OG/ 23[1?_ To: 190 d“n$ Date & Time Filed: Apr 24 2012 12:20:18:816PM rau Approved: File Number: SAT—STA—20120424—00074 d 3. Duall *¥tith conddtions Chie\ Satellite Rlicg 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: Application for Special Temporary Authority to Operate EchoStar 3 at 61.8 W.L. as an In—Orbit Spare 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 Conditions of Authorization: SAT—STA—20120424—00074 Call Sign $2741 The application of EchoStar Satellite Operating Corporation (EchoStar) for special temporary authority, File No. SAT—STA—20120424—00074, IS GRANTED. Accordingly, EchoStar is authorized for 180 days, commencing June 29, 2012, to conduct telemetry, tracking, and control operations sufficient to maintain the EchoStar 3 space station (Call Sign S2741) as an in—orbit spare at the 61.8° W.L. orbital location. All operations of the EchoStar 3 space station must be in accordance with the technical specifications set forth in EchoStar‘s application, Federal Communications Commission (Commission) rules, and the conditions set forth below. 1. All operations at the 61.8° W.L. orbital location shall be on a non—harmful interference basis, meaning that EchoStar shall not cause interference to, and shall not claim protection from, interference caused to it by any other lawfully operating satellites. In the event of any harmful interference, EchoStar shall cease operations immediately upon notification of such interference, and shall inform the Commission, in writing, immediately of such an event. 2. EchoStar shall maintain the EchoStar 3 space station at the 61.8° W.L. orbital location with an east/west longitudinal station—keeping tolerance of + 0.05 degrees. 3 Any action taken or expense incurred as a result of operations pursuant to this special temporary authority is solely at EchoStar‘s own risk. 4. EchoStar is afforded 30 days from the date of the release of this action to decline this authorization as conditioned. Failure to respond within this period will constitute formal acceptance of this authorization as conditioned. 5. This grant is issued pursuant to 47 C.F.R. § 0.261 of the Commission‘s rules on delegated authority, and is effective immediately. wronnontmememen—-vnm...v‘w..—‘b opmremegrent Ffla#_§m: sm‘zo»zoqzqLoco74 Call Sign 62741 GrantDateoeazgn_ (or other identifier) Term Dates penod of From_O6/29/12. 3,. 160 days GRANTED* *wfl’h ‘comhhons Ste . Duall CKe?, Satellite Q\igj 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: — 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). C3 Governmental Entity g*3 Noncommercial educational licensee «34 Other(please explain): 4b. Fee Classification 5. Type Request «4 Change Station Location (o] Extend Expiration Date , 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 operate the EchoStar 3 satellite at 61.8 W.L. as an in—orbit spare. See attached narrative. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes «4 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).

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Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 N/ N/A NZNZ N NO NNNX N/A 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 of its 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. 247 C.F.R. § 25.120(b). * 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. I. BACKGROUND As the Commission 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 concurrent 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 afi 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). 8 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 Commission should grant the requested STAs. 8 See Letter from Thomas S. Tycz, 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 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. v. CONCLUSION For the foregoing reasons, ESOC respectfully requests grant of its 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: 2012-06-12 17:14:27
Document Modified: 2012-06-12 17:14:27
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