Attachment EchoStar - Grant Oct

EchoStar - Grant Oct

DECISION submitted by IB,FCC

Grant

2012-10-03

This document pretains to SAT-STA-20120928-00162 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2012092800162_970374

52232 SAT—STA—20120928—00162 182012002261 File #_SRT— Sih — 20120928— colé 2. EchoStar Satellite Operating Corporation EchoStar 6 Call Sign $2232. GrantDate_10/63/12 (or other identifier) \OamicsT Term Dates peried ef Approved by OMB [{ _*‘ CRANTED* From 10/05/12 To: 30 daas 3060— 60—0678 | GRANTEL teerorommmmazekernamen es Date & Time Filed: Sep 28 2012 2:51:27:233PM |_t®ationalBureau| Approved: _4 M—— File Number: SAT—STA—20120928—00162 €uoith conditions Ste J Duall Callsign: Chief, Satellite Policy 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: Request for 30—day STA to operate EchoStar 6 (Call Sign $2232) 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—20120928—00162 Call Sign $2232 EchoStar Satellite Operating Corporation is granted special temporary authority to continue operating the EchoStar 6 space station (Call Sign $2232) at the 76.95 W.L. orbital location for a period of 30 days commenting October 5, 2012. Operations pursuant to this authorization shall be in accordance with conditions imposed as part of EchoStar Corporation‘s initial authorization to operate EchoStar 6 at this orbital location, granted on February 11, 2011. IBFS File No. SAT—STA—20110207—00026. ennenttmmmntiere —njov rilk #_Opr Sib—20120028— colG?._ Call Sign $2232 Grant Date_1O/O3/12. (or other identifier) Torm Dates Pefi‘-’d of From 10 /5 /lZ_ To 30 Olagé iRANTED {— International Bureau Approved: Fwilhcondihons 3. Duall Chi 1 Satellike Pol?ctj Branch

2. Contact Name: Christopher Bjornson Phone Number: 202—429—3059 Company: Steptoe & Johnson LLP Fax Number: 202—429—3902 Street: 1330 Connecticut Ave NW E—Mail: cbjornson@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). «y Governmental Entity C Noncommercial educational licensee q4 Other(please explain): 4b. Fee Classification 5. Type Request C Change Station Location £4 Extend Expiration Date &&, Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 76.95 WL

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 30—day STA to operate EchoStar 6 (Call | Sign $2232) at 76.95 W.L. 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: STA 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 PRAQ@fcc.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 numberor if we fail to provide you with this notice. This collection has been assignedan 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.8.C. SECTION 3507.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 N/ N N/ NT N NV NNN In the Matter of ECHOSTAR SATELLITE OPERATING File No. SAT—STA—2012 CORPORATION Call Sign $2232 Application for Special Temporary Authority to Operate EchoStar 6 at 76.95° W.L. for 30 Days APPLICATION FOR SPECIAL TEMPORARY AUTHORITY By this application, EchoStar Satellite Operating Corporation ("ESOC," together with its affiliates, "EchoStar") requests 30—day special temporary authority ("STA"), pursuant to Section 25.120(b)(4) of the Commission‘s Rules, 47 C.F.R. § 25.120(b)(4), to operate its EchoStar 6 satellite in an inclined orbit at 76.95° W.L. ESOC currently operates EchoStar 6 at 76.95° W.L. pursuant to a 60—day STA, and requests that its 30—day STA begin upon the expiration of its current STA on October 5, 2012.‘ 1. 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 Broadcast Satellite ("DBS") service satellites at the nominal 77° W.L. orbital location under \ See Stamp Grant, File No. SAT—STA—20120801—00124 (granted Aug. 7, 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).

Mexican authority issued to its partner, QuetzSat, S. de R.L. de C.V. ("QuetzSat"): EchoStar 1 and EchoStar 8. The satellites are used by EchoStar‘s customers, DISH Network L.L.C. 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. Launched in December 1995, EchoStar 1 has limited capability— only up to 16 transponders. EchoStar 8, however, is fully functional. Since February 2011, EchoStar 6 has been operating at 76.95° W.L., alongside EchoStar 1 and EchoStar 8, providing sufficient capacity to avoid service disruptions from that slot in the event of an anomaly affecting one of those satellites. ESOC has been operating EchoStar 6 at an inclined orbit since December 12, 2011. The relocation of EchoStar 6 to 76.95° W.L. was prompted by a single event upset that temporarily affected the EchoStar 8 satellite." ESOC subsequently filed an application to transfer EchoStar 6 to QuetzSat to facilitate operation of the satellite under Mexican authority,* as well as an application to modify its blanket earth station authorization to provide service to the United States once EchoStar 6 was reflagged." > 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 Petra A. Vorwig, Counsel for EchoStar Corporation, to Marlene H. Dortch, Secretary, FCC, File No. SAT—T/C—20090217—00026 (Feb. 1, 2011). * 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).

After consultation with the Commission, and given the short period remaining before the end of EchoStar 6°s useful life,° ESOC no longer believes the transfer of EchoStar 6 to Mexican authority is necessary. ESOC has accordingly withdrawn that application‘ in favor of its already filed 180—day STA request." ESOC understand that the Mexican concessionaire for the 77° W.L. orbital location has informed the Mexican regulator, Comision Federal de Telecomunicaciones, of its plans to operate EchoStar 6 at this location under STA and that it has no objection. ESOC files this 30—day STA request to ensure that its authority to operate at this location does not lapse while the Commission considers ESOC‘s 180—day STA request. II. GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST Grant of this application is in the public interest because it will ensure the continued 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 that the subscribers of EchoStar‘s customers will continue to receive both national and local programming, by providing spare capacity at 77° W.L. in the event that EchoStar 1 or EchoStar 8 suffers an anomaly. 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. No U.S.—assigned DBS orbital locations are in the ° See Letter from Pantelis Michalopoulos and Christopher Bjornson, Counsel for EchoStar Corporation, to Stephen Duall, International Bureau, FCC, File No. SAT—MOD—20100720—00164 (Sept. 27, 2010). ‘ Letter from Pantelis Michalopoulos, Counsel for EchoStar Satellite Operating Corporation, to Marlene H. Dortch, Secretary, FCC, File Nos. SAT—T/C—20110314—00054; SAT—STA—20120914— 00150 (Sept. 26, 2012). ° File No. SAT—STA—20120924—00153 (filed Sept. 24, 2012).

vicinity of 77° W.L. (the closest U.S. orbital location is 61.5° W.L., an orbital location in which only ESOC operates DBS satellites). Likewise no harmful interference will result 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 82° W.L. and 72.5° W.L. orbital locations. ESOC will operate EchoStar 6 according to the specifications of this coordination agreement. ESOC will also abide by the conditions imposed on the STA for EchoStar 6 at 76.95° W.L. granted by the Commission in February 2011° and by 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. ESOC will maintain EchoStar 6 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. ° See Stamp Grant, File No. SAT—STA—20110207—00026 (granted Feb. 11, 201 1). See 47 C.F.R. § 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).

IV. CONCLUSION For the foregoing reasons, ESOC respectfully requests the grant ofits application for special temporary authority under Section 25.120(b)(4) of the Commission‘s rules to operate EchoStar 6 at the 76.95° W.L. orbital location for a period of 30 days. Respectfully submitted, Is/ Pantelis Michalopoulos Alison Minea Christopher Bjornson Corporate Counsel Andrew W. Guhr EchoStar Satellite Operating Corporation Steptoe & Johnson LLP 1110 Vermont Avenue, NW, Suite 750 1330 Connecticut Avenue, NW Washington, D.C. 20005 Washington, D.C. 20036 (202) 293—0981 (202) 429—3000 Counselfor EchoStar Satellite Operating Corporation September 28, 2012


Document Created: 2012-10-04 12:52:03
Document Modified: 2012-10-04 12:52:03
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