Attachment EchoStar - Grant Jun

EchoStar - Grant Jun

DECISION submitted by IB,FCC

Grant

2013-06-28

This document pretains to SAT-STA-20130514-00069 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2013051400069_1002480

                                                                                             File # _GAt— SiP—20130514 00069
$2741          SAT—STA—20130514—00069      1B2013001018
EchoStar Satellite Operating Corporation
iEchoStar 3                                                                                  Call Sign S27W41_       Grant Date_O6/2§/13
                                                                                             (or other identifier)                                Approved by OMB
                                                                                                                     Term Dates period of          PP    306}(1)—0678
                                                                                     | From0(0/2-(’/33                     To‘ lgodfifléfl

Date & Time Filed: May 14 2013 10:49:38:256AM               [    Internatic     au       |    Appr       %
File Number: SAT—STA—20130514—00069                         #Lurfl\Cmd\-hms           —                       Sf                Doa\)
Callsign:                                                                                                        Ch\ef' Setelvie 9.31\(5 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:
 Renewal of 180−Day Special Temporary Authority to Operate EchoStar 3 at 61.8 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:


                           EchoStar Satellite Operating Corporation
                          IBFS File No. SAT—STA—20130514—00069
                                       Call Sign $2741

The application of EchoStar Satellite Operating Corporation (EchoStar) for special
temporary authority, IBFS File No. SAT—STA—20130514—00069, is granted.
Accordingly, EchoStar is authorized, for a period of 180 days commencing on June 26,
2013, to conduct telemetry, tracking, and control operations sufficient to maintain the
EchoStar 3 space station (Call Sign $2741) 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, the Federal Communications
Commission‘s rules, and the conditions 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 of any harmful interference as a result of operations under this
grant of special temporary authority, 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 maintain the EchoStar 3 space station with an east/west
longitudinal station—keeping tolerance of +/— 0.05 degrees of the 61.8 ° W.L. orbital
location.

        4.      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.

        5.      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.

       6.      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.



                                               | File# SAT— STh—20130514— 06669

                                                Call Sign $274)         Grant Date 069/28‘/)3
                                                (or other identifier)                %
                                                                        Torm Dates ‘Tg{;cj of
                            wl l                From OC/24 N3                 To:          ays
                      |    GRANTED*®                  mm                            h
                      |_International Bureau    Approved:
                      «twith conditions                             St          . D uall
                                                                    Chief, Satellite Po)ic\j Branch


2. Contact


             Name:         Pantelis Michalopoulos               Phone Number:                         202—429—6494
             Company:      Steptoe & Johnson LLP                Fax Number:                           202—429—3902
             Street:       1330 Connecticut Ave. NW             E—Mail:                               pmichalopoulos@steptoe.com




             City:         Washington                           State:                                DC
             Country:      USA                                  Zipcode:                              20036      —1795
             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 SATSTA2012111300198 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).
J Governmental Entity       £ Noncommercial educational licensee
J Other(please explain):

4b. Fee Classification

5. Type Request


gy Change Station Location                        ) Extend Expiration Date                           G Other



6. Temporary Orbit Location                                                7. Requested Extended Expiration Date
        61.8 W.L.                                                               2013—12—22 00:00:00.0


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 renewal of its 180−day Special
     Temporary Authority to operate the EchoStar 3 satellite, Call Sign §$2741, at 61.8 W.L.
     Specifically, EchoStar requests continued authority to conduct TT&C over the following
     frequencies




9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yos               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
Dean A. Manson                                                              Gen. Counsel, EchoStar Satellite Operating Corp.
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—20121113—00198
CORPORATION                                      )   File No. SAT—STA—2013____—
                                                 )   Call Sign 82741
Application for Renewal of Special               )
Temporary Authority to Operate EchoStar 3        )
as an In—Orbit Spare at 61.8° W.L.               )
                                                 )
                                                 )

                             APPLICATION FOR RENEWAL
                         OF SPECIAL TEMPORARY AUTHORITY

       By this Application, and pursuant to Section 25.120(b)(2) of the Commission‘s rules,‘

EchoStar Satellite Operating Corporation ("ESOC," and with its affiliates, "EchoStar") hereby

requests a 180—day renewal of its special temporary authority ("STA") to operate the EchoStar 3

satellite at 61.8° W.L. as an in—orbit spare. Specifically, EchoStar requests continued authority to

conduct TT&C over the following frequencies: 17301.5 MHz (command); and 12201.0 MHz,

12203.0 MHz, and 12699.0 MHz (telemetry). The current STA for the space station expires on

June 25, 2013.
       EchoStar launched the EchoStar 16 satellite in November 2012 to provide additional

service for its customer, DISH Network L.L.C., at the nominal 61.5° W.L. orbital location. In

anticipation of the arrival of EchoStar 16 at 61.5° W.L., and to provide adequate station—keeping




47 CFR. § 25.120(b)(Q2).
2 See Stamp Grant, File No. SAT—STA—20121113—00198 (granted Jan. 28, 2013).


margins for all the satellites in the 61.5° W.L. orbital cluster," EchoStar repositioned EchoStar 3

at 61.8° W.L. in early 2012.* Operating at 61.8° W.L. as an in—orbit spare, EchoStar 3 remains 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." Accordingly, grant of the requested

STA is in the public interest.

L.     THIS REQUEST IS IN THE PUBLIC INTEREST AND WILL NOT CAUSE
       HARMFUL INTERFERENCE

       The requested STA is in the public interest for the same reason EchoStar was previously

granted STA to operate EchoStar 3 as an in—orbit spare.° 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. Moreover, grant of this application will not cause harmful interference because

EchoStar will conduct TT&C operations with EchoStar 3 at 61.8° W.L. in accordance with the

conditions imposed on the original STA grant.‘

IL.    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, EchoStar 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.


* EchoStar 3 has been operating at 61.8° W.L. while EchoStar 12 has been operating at 61.35°
W.L., EchoStar 15 at 61.65° W.L., and EchoStar 16 at 61.5° W.L.
4 Stamp Grant, File No. SAT—STA—20120424—00073, Call Sign $2741 (granted Apr. 30, 2012).
° With the relocation of EchoStar 15 to the 45° W.L. cluster, Stamp Grant, SAT—STA—20130502—
00065, Call Sign S$2811 (granted May 8, 2013), EchoStar is evaluating spare capacity
requirements for the 61.5° W.L. cluster. As part of these considerations, EchoStar is considering
its options for bringing EchoStar 3 back within the 61.5° W.L. orbital cluster.
° See Stamp Grant, File No. SAT—STA—20120424—00073 (granted Apr. 30, 2012).
7
  1d.


III.   CONCLUSION

       For the foregoing reasons, ESOC respectfully requests grant of its application for renewal

of its STA to operate EchoStar 3 as an in—orbit spare at 61.8° W.L.


                                             Respectfully submitted,

                                                       Is/
                                             Pantelis Michalopoulos
                                             Stephanie A. Roy
                                             Steptoe & Johnson LLP
                                             1330 Connecticut Avenue, N.W.
                                             Washington, DC 20036
                                             (202) 429—3000
                                             Counselfor EchoStar
                                             Satellite Operating Corporation

May 14, 2013



Document Created: 2013-06-28 16:43:20
Document Modified: 2013-06-28 16:43:20

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