Attachment EchoStar - Grant Jun

EchoStar - Grant Jun

DECISION submitted by IB,FCC

Grant

2012-06-12

This document pretains to SAT-STA-20120531-00091 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2012053100091_954810

Hiles SAT Sm—2012053}—6009) _ $2811 SAT—STA—20120531—00091 1B2012001336 EchoStar Satellite Operating Corporation EchoStar 15 Call Sign $2811__ GrantDato_O@/12/2. r other identifier | is o Term Dates pericd of Approved by OMB From_OC/15/12 To: 20 dags 3060—0678 Date & Time Filed: May 31 2012 2:25:04:613PM International Bureau Approved: File Number: SAT—STA—20120531—00091 4euthconditions_ Ste 3. Duail 1 Callsign: Chief, Sateilite Polic:j 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 15 to, and Operate It at, 61.65 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—20120531—00091 Call Sign S$2811 The application of EchoStar Satellite Operating Corporation (EchoStar) for special temporary authority, IBFS File No. SAT—STA—20120531—00091, is granted. Accordingly, EchoStar is authorized, for a period of 30 days beginning on June 15, 2012, to conduct telemetry, tracking, and command operations necessary to drift the EchoStar 15 space station (Call Sign $2811) from the 61.55° W.L. orbital location to the 61.65° W.L. orbital location and to maintain it at the 61.65° W.L. orbital location. Specifically, EchoStar is authorized to use the following center frequencies for telemetry, tracking, and command operations for EchoStar 15: 17.7915 GHz and 17.7935 GHz (Earth—to—space) and 12.692 GHz, 12.693 GHz, 12.6945 GHz, and 12.6985 GHz (space—to—Earth). EchoStar is also authorized to operate the Direct Broadcast Satellite (DBS) Service payload of EchoStar 15 during the drift and while at the 61.65° W .L. orbital location. This authorization shall be in accordance with the technical specifications set forth in EchoStar‘s application, the Commussion‘s rules, and is subject to the following conditions: 1) While at the 61.65° W.L. orbital location, EchoStar shall maintain the EchoStar 15 space station within an east/west longitudinal station—keeping tolerance of + 0.05 degrees 3) EchoStar shall coordinate all drift orbit DBS and telemetry, tracking, and command operations with other potentially affected in—orbit operators. 3) During the relocation of EchoStar 15, 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. 4) In the event that any harmful interference is caused as a result of operations of the EchoStar 15 satellite, EchoStar shall cease operations immediately upon notification of such an event, and shall inform the Commission immediately, in writing, of the event. 5) All of the originally authorized terms, conditions, and technical specifications of the EchoStar 15 DBS space station (Call Sign: S$2811 IBFS File No. SAT—LOA—20100310— 00043), except for the authorized orbital location, remain in effect. 6) This action is without prejudice to Commission decision on EchoStar‘s application for special temporary authority to operate the EchoStar 15 space station at the 61.65° W.L. orbital location for 180 days as an in—orbit spare. 7) Any action taken or expense incurred as a result of operations pursuant to this special temporary authority is solely at EchoStar’s own risk. 8) This action is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R —§.0—26-1—3-144—1&-efifeetwe 1mmechately o3) _iaLsxug_j'-_&__ | C ‘all Sign S2@H GrantDate OQ['Z[IZ im: theridentifier) peflodo‘f ‘f Term Dates | To: 30 da:g A PE | Fron _9_‘@/15/)2 onal Bureau _| Approved ) Suab) SHe . Duall seoth cond(h'ons C C\m& Setellike Policyq 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 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). fad Governmental Entity C Noncommercial educational licensee C Other(please explain): 4b. Fee Classification 5. Type Request &, Change Station Location 4 Extend Expiration Date «4 Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 61.65 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 15 to, and operate it at, 61.65 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 £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 ) ) In the Matter of ) ) ECHOSTAR SATELLITE OPERATING ) File No. SAT—STA— CORPORATION ) File No. SAT—STA— ) —Call Sign S2741T¢ Applications for Special Temporary g S3FI Authority to Move EchoStar 15 to, and Operate at, 61.65° 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 June 15, 2012: (a) to move the EchoStar 15 satellite from its current orbital position at 61.55° W.L. to the 61.65° W.L. orbital position; and (b) to operate the satellite at 61.65° W.L. ESOC further requests a 180—day STA to operate EchoStar 15 at 61.65° W.L. once the satellite has been relocated." This request is being made in anticipation of the upcoming launch 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 47 CF.R. § 25.120(b). > EchoStar will maintain EchoStar 15 within a + 0.05° station—keeping box while at 61.65° W.L. * 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).

location.* EchoStar anticipates that once EchoStar 16 is certified as operational at the nominal 61.5° W.L. orbital location, no more than three satellites will continue to serve that location in the long term. EchoStar is exploring several possible fleet adjustments, and will be able to evaluate its alternatives more fully once EchoStar 16 is successfully launched and operating. 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. EchoStar 15 has been operating at 61.55° W.L. since its launch, providing capacity for EchoStar‘s customer, DISH Network L.L.C., to provide Direct Broadcast Satellite ("DBS") service to U.S. consumers. 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. Upon completion of the EchoStar 15 relocation, EchoStar will have satellites at 61.35° W.L. (EchoStar 12), 61.65 ° W.L. (EchoStar 15), and 61.8 ° W.L. (EchoStar 3).‘ Upon the successful launch of EchoStar 16 later this year, which will be placed at * See Stamp Grant, File No. SAT—STA—20120424—00073 (granted Apr. 30, 2012); Stamp Grant, File No. SAT—STA—20120524—00088 (granted May 31, 2012); File No. SAT—STA—20120424— 00074 (filed Apr. 24, 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). 7 Policy Branch Information, Actions Taken, Report No. SAT—00865, File No. SAT—STA— 20120424—00073 (eff. April 30, 2012).

61.5° W.L., EchoStar‘s satellites in the cluster will be aligned at 0.15° separation, with the three operational satellites centered around the 61.5° W.L. nominal orbital location. For the reasons set forth below, the relocation of EchoStar 15 to 61.65° 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. IL. THIS REQUEST IS IN THE PUBLIC INTEREST AND WILL NOT CAUSE HARMFUL INTERFERENCE The requested STAs are in the public interest because the move will ensure safe station— keeping margins for each of the satellites that are located at the nominal 61.5° W.L. orbital location, which is a critical precursor to EchoStar 16‘s entry into service later this year. Relocation of EchoStar 15 to 61.65° W.L. as proposed herein will not harm adjacent satellite operators, because the move is within the 61.5° W.L. orbital cluster. Such a move within the cluster does not increase interference risks for nearby Broadcast Satellite Service ("BSS") satellites. Moreover, ESOC will operate EchoStar 15 on a non—harmful interference basis pursuant to the requested STAs. Finally, the relocation will not adversely affect existing customer service because service will be maintained on EchoStar 15 during and following the in— cluster move. III. OPERATIONAL PARAMETERS During relocation maneuvers and operations of EchoStar 15 at the 61.65° W.L. orbital location, EchoStar will operate the satellite subject to the following conditions: 1. EchoStar shall coordinate all drift orbit TT&C operations with other potentially affected in—orbit operators. 2. Drift operations and operations at 61.65° 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.

3. In the event that any harmful interference is caused as a result of operations during the relocation of the EchoStar 15 satellite or while the satellite is at 61.65° 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 ofits application for 30—day STA, beginning on or about June 15, 2012, to move EchoStar 15 to 61.65° W.L. and to operate it at that location. ESOC further requests that the Commission grant its application for STA to operate EchoStar 15 at 61.65° W.L. 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 May 31, 2012


Document Created: 2012-06-12 17:13:50
Document Modified: 2012-06-12 17:13:50
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