Attachment EchoStar - Grant Jul

EchoStar - Grant Jul

DECISION submitted by IB,FCC

Grant

2012-07-18

This document pretains to SAT-STA-20120531-00092 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2012053100092_959873

$2811 SAT—STA—20120531—00092 Corporation 1B2012001337 File # _SBT— s — 2012053)— coo92 EchoStar Satellite Operating % Mdatarning EchoStar 15 e 07/'3['2. CallSign_S_&&_l.‘___ Grant Dat Term Dates Perbd of Approved by OMB (Ofothet ?dcnhfier) { nofem ty e | _ JA| mom ©7/the. 3, |® dags 3060—0678 | GRANTED‘! § Date & Time Filed: May 31 2012 2:25:57:510PM | inyomnational Bureau Approved: File Number: SAT—STA—20120531—00092 seu>tiih comd{hi ons n J. Duall Callsign: Cnief, Satellite Rlicy 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 Operate EchoStar 15 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 EchoStar Satellite Operating Corporation IBFS File No. SAT—STA—20120531—00092 Call Sign $2811 July 18, 2012 EchoStar Satellite Operating Corporation is granted special temporary authority to continue operating the EchoStar 15 space station (Call Sign $2811) at the 61.65° W.L. orbital location for a period of 180 days commencing on July 18, 2012. Operations pursuant to this authorization shall be in accordance with conditions imposed as part of EchoStar‘s initial authorization to operate EchoStar 15 at this orbital location, granted on June 12, 2012. IBFS File No. SAT—STA—20120531—00091. prewommormmamnmmmmmacnmmezsire Tile # SAT— sTh— 20120531—00092 Call Sign ‘SZS’IL__ Grant Date orhe e ~ (or other identifier) Torm Dates peried of & | From 67/ghz._ 1. dags Fuwith cenditions S’répE%3’ Duatl Chief) Satellite Pblicy 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). e Governmental Entity ¢> Noncommercial educational licensee «3 Other(please explain): 4b. Fee Classification 5. Type Request 23 Change Station Location C Extend Expiration Date @ 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 operate the EchoStar 15 satellite 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§274L Applications for Special Temporary ) S281 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 147 C.F.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. R 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. l 5° 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 theregulatory 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 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: 2012-07-19 11:05:58
Document Modified: 2012-07-19 11:05:58
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