Attachment EchoStar - Grant Dec

EchoStar - Grant Dec

DECISION submitted by IB,FCC

Grant

2012-12-13

This document pretains to SAT-STA-20121203-00206 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2012120300206_978837

Ez’;flst 8 SATSTA-20121203-00206 | File #_SBT— STh— 2012 1203— 00206 chootar 182012002760 Satellite Operating Corporati ECHOSTAR 6 ° poration Call Sign 82232 Grant Date 12/13 /12 ‘or ofher identifier) s C Term Dates perved of Approved by OMB From T27/18/12: To: 30 d4ys 3060—0678 AANLPAL Y Internatic nal Bureau Approved: Tnatarnati Date & Time Filed: Dec 3 2012 5:20:35:810PM File Number: SAT—STA—20121203—00206 #with cenditions St 3. Duall Callsign: Chie©, Satellite Alicg 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 6 to, and Operate It at, 76.80 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 m Attention: Ms Alison Minea

EchoStar Satellite Operating Corporation IBFS File No. SAT—STA—20121203—00206 Call Sign $2232 The application of EchoStar Satellite Operating Corporation (EchoStar) for special temporary authority, IBFS File No. SAT—STA—20121203—00206, is GRANTED. Accordingly, EchoStar is authorized, for a period of 30 days, to conduct telemetry, tracking, and command (TT&C) operations necessary to drift EchoStar 6 (S82232) to the 76.80° W.L. orbital location from its currently authorized orbital location of 76.95° W.L., and to maintain EchoStar 6 at 76.80° W.L., using the following center frequencies: 17305.0 MHz (Earth—to—space); and 12203.0 MHz, 12204.0 MHz (space—to—Earth). EchoStar is also authorized, on a temporary basis, to provide Direct Broadcast Satellite service via EchoStar 6 from the 76.80° W.L. orbital location on DBS channels 1—32 with feeder links in the 17.3—17.8 GHz (Earth—to—space) frequency band and service links in the 12.2—12.7 GHz (space—to—Earth) frequency band. Operations under this authorization are subject to the terms, conditions, and technical specifications set forth in EchoStar‘s application and the Federal Communications Commission‘s rules, and are subject to the conditions set forth below. 1. All operations under this grant of special temporary authority must be on an unprotected and non—harmful interference basis. EchoStar must not cause harmful interference to, and must not claim protection from interference caused to it by, any other lawfully operating radio communication system. 2. In the event EchoStar‘s operations under this grant of special temporary authority cause harmful interference to any other lawfully operating radio communication system, EchoStar must cease operations immediately upon notification of such interference and must immediately inform the Commission, in writing, of such an event. 3. EchoStar must coordinate operations of EchoStar 6 with existing geostationary space stations to ensure that no unacceptable interference results from its operations at the 76.80° W.L. orbital location or during the drift to the 76.80° W.L. orbital location. 4. EchoStar must operate only the TT&C frequencies on EchoStar 6 during the drift from the 76.95° W.L. orbital location to the 76.80° W.L. orbital location. 5. EchoStar must maintain the EchoStar 6 space station with an east/west longitudinal station—keeping tolerance of +/— 0.05 degrees of the 76.95° W.L. orbital location. 6. Any action taken or expense incurred as a result of operations pursuant to this grant of special temporary authority is at EchoStar‘s own risk. 7. Grant of this special temporary authority is without prejudice to any action on IBFS File No. SAT—STA—20121203—00207. 8. This grant is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective upon release. ihiev n Eies dt ‘Sivgnw-S?-'z%Z Grant Date_12/13 A2, {or other identifier) 3 Term Dates Pefl()d 0( From "2/‘%_{'% 1 '5"‘,..30 4‘“’)__2_“ pproved:, _ M‘M-/%Qfilgdnwww Sfep 3. Dual CMicL. Sntellits Onlic». Qrouch

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). C Governmental Entity gy Noncommercial educational licensee (o] Other(please explain): 4b. Fee Classification 5. Type Request @ Change Station Location C Extend Expiration Date gy Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 76.80 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 6 to, and operate it at, 76.80 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 «3 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.$. 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@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 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 LAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 N/ N NNN NNN NNN N/ In the Matter of ECHOSTAR SATELLITE OPERATING File No. SAT—STA—2012 CORPORATION File No. SAT—STA—2012 Call Sign $2232 Applications for Special Temporary Authority to Move EchoStar 6 to, and Operate It at, 76.80° 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 December 11, 2012: (a) to move the EchoStar 6 satellite from its current orbital position at 76.95° W.L. to the 76.80° W.L. orbital position; and (b) to operate the satellite at 76.80° W.L. EchoStar further requests a 180—day STA to operate EchoStar 6 at 76.80° W.L. once the satellite has been relocated. This request is being made to accommodate the move of QuetzSat—1 to 77.05° W.L. 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 ‘ Concurrent with this application, EchoStar is filing applications for STA to operate three of its transmit/receive earth stations with EchoStar 6 to provide the necessary telemetry, tracking, and control ("TT&C") services to EchoStar 6 during its relocation to 76.80° W.L. and once relocation is complete. 247 CF.R. § 25.120(b).

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 Mexican authority issued to its partner, QuetzSat, S. de R.L. de C.V. ("QuetzSat"): EchoStar 1 and EchoStar 8. EchoStar 8 is used by EchoStar‘s customers, DISH Network L.L.C. and DISH Mexico, to provide DBS service in the United States and Mexico, and EchoStar 6 and EchoStar 1 provide backup to the United States and Mexico services, respectively. The U.S. service includes local—into—local and Spanish—language programming in a number of markets in the southern United States. 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 tfie 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, 201 1). —2 _

After consultation with the Commission, and given EchoStar 6‘s limited remaining life,‘ ESOC no longer believes the transfer of EchoStar 6 to Mexican authority is necessary and has accordingly withdrawn that application." EchoStar plans to direct the move of the QuetzSat—1 satellite to 77.05° W.L. beginning in December 2012. In anticipation of this move, EchoStar seeks to move EchoStar 6 from 76.95° W.L. to 76.80° W.L. and to move EchoStar 8 from 77.05° W.L. to 76.90° W.L. ESOC understands 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. For the reasons set forth below, the relocation of EchoStar 6 to 76.80° 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 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 8 suffers an anomaly. ‘ 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). 8 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).

Additionally, operating EchoStar 6 at an inclined orbit extends the time that the satellite is able to provide services to customers. The continued operation of EchoStar 6 at 76.80° 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 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 76.80° 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 Commission‘s requirements for inclined— orbit operations." Finally, the operation of the EchoStar 6 satellite at 76.80° 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. OPERATIONAL PARAMETERS During relocation maneuvers and maintenance of EchoStar 6 at the 76.80° W.L. orbital location, EchoStar will operate the satellite subject to the following conditions: 1. EchoStar shall coordinate all drift operations with other potentially affected in—orbit operators. * 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).

2. Drift operations and operations at 76.80° 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 6 satellite or while the satellite is at 76.80° 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. vV. CONCLUSION For the foregoing reasons, ESOC respectfully requests grant of its application for 30—day STA, beginning on or about December 11, 2012, to move EchoStar 6 to 76.80° W.L. and to operate it there. ESOC further requests that the Commission grant its applicatioh for STA to operate EchoStar 6 at 76.80° W.L. for 180 days. Respectfully submitted, Is/ Pantelis Michalopoulos Alison Minea Stephanie A. Roy Corporate Counsel Jessica I. Rothschild 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 December 3, 2012


Document Created: 2012-12-14 12:55:54
Document Modified: 2012-12-14 12:55:54
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