Attachment EchoStar - Grant Feb

EchoStar - Grant Feb

DECISION submitted by IB,FCC

Grant

2014-02-26

This document pretains to SAT-STA-20140106-00001 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2014010600001_1037449

* mijls# GAT— sTh— 2014010 6— 6cGoo! $2844 SAT—STA—20140106—00001 1B2014000013 | on EchoStar Satellite Operating Corporation | S Lc s EchoStar 16 1 fefatKF \&\ Call Sign $2%44%_ Grant 134‘-%_,“0.,2.{2;9[”.. iYA o * J or otheridentifier x % ( ) ‘Torm Dates Perwd of | * 1 ... mjpegs 3,.__180 days Approved by OMB 3060—0678 4T roommemanasmmmmmmeeemmemnen Date & Time Filed: Jan 6 2014 12:03:12:193PM I 1 Bureau 4 s PLb -@Mww- File Number: SAT—STA—20140106—00001 Fuwoh concdihors Stepri@y 3. Doall h Callsign: C,Wefl Setethte 90\:8 Branc 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 Renewal of Special Temporary Authority to Operate EchoStar 16 (Call Sign $2844) in the 61.5 W.L. Cluster on Channels 1 and 2 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:

Attachment to Grant EchoStar Satellite Operating Corporation IBFS File No. SAT—STA—20140106—00001, Call Sign $2844 EchoStar Satellite Operating Corporation is granted special temporary authority to continue operating the EchoStar 16 space station (Call Sign $2844) to provide Direct Broadcast Satellite service over channels 1 and 2 at the 61.5° W.L. orbital location for a period of 180 days commencing on February 16, 2014. Operations pursuant to this authority shall be in accordance with conditions imposed in our June 2012 order. See EchoStar Satellite Operating Corporation Applications for Special Temporary Authority to Operate Direct Broadcast Satellite Service Space Stations EchoStar 3, EchoStar 12, EchoStar 15, and EchoStar 16 on Channels 1 and 2 at the 61.5° W.L. Orbital Location, Order and Authorization, 27 FCC Red 7138, 7141—42 11 (Int‘l Bur. Sat. Div. 2012). ! TFile #_ SBT—Sih—20140106—0©000| Call 8 828‘4‘4 Grant Date 0_2. '[__291.,&‘“ q"pfiqéflfls 4# | OL/W/N S.Deall ieySatellite +wih condihans . StpChief, Poh(:) 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 SATSTA2013062600088 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). (a] Governmental Entity f%> Noncommercial educational licensee C Other(please explain): 4b. Fee Classification 5. Type Request «3 Change Station Location @, Extend Expiration Date g£74 Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 61.5 W.L. 2014—08—14 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 a renewal of its Special Temporary Authority to operate the EchoStar 16 satellite (Call Sign $2844) in the 61.5 W.L. cluster on channels 1 and 2. See attached narrative. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes g4 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 Jennifer A. Manner Vice President, Regulatory Affairs, EchoStar 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).

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@fcee.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 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 In the Matter of ECHOSTAR SATELLITE OPERATING CORPORATION File Nos. SAT—STA—20130626—00089 SAT—STA—20130626—00090 Application for Renewal of Special SAT—STA—20130626—00088 Temporary Authority to Operate on Channels 1 and 2 at 61.5° W.L. Call Signs $2741, $2653, $2844 APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY EchoStar Satellite Operating Corporation ("ESOC," and collectively with its affiliates, "EchoStar"") hereby requests a renewal of its 180—day special temporary authority ("STA") to operate the EchoStar 3, EchoStar 12, and EchoStar 16 satellites on channels 1 and 2 at the nominal 61.5° W.L. orbital location. The current STAs expire on February 15, 2014.‘ I. INTRODUCTION AND BACKGROUND EchoStar currently operates the EchoStar 3, EchoStar 12, and EchoStar 16 satellites in and around the 61.5° W.L. orbital cluster. The EchoStar 3 satellite, launched in 1998, was the first satellite in position at 61.5° W.L. and is currently an in—orbit spare operating under STA at See Stamp Grants, File Nos. SAT—STA—20130626—00089, Call Sign $2653 (granted Aug. 15, 2013); SAT—STA—20130626—00090, Call Sign $2741 (granted Aug. 15, 2013); SAT— STA—20130626—00088, Call Sign $2844 (granted Aug. 15, 2013).

61.8° W.L.. EchoStar 12, launched in 2003, is located at 61.35° W.L.* EchoStar 16, which became operational in February 2013,* ensures the continued full utilization of the DBS spectrum at that orbital location. On June 22, 2012, the Commission granted ESOC‘s applications to modify the authorized channels on these space stations from the nominal 61.5° W.L. orbital location from Direct Broadcast Satellite ("DBS") service channels 1—22 and 25—32 to DBS channels 3—32, and for 180—day STA to operate on channels 1 and 2, upon receipt of notification that EchoStar 16 had commenced operations. ESOC filed this notification on February 19, 2013." On August 15, 2013, the Commission granted ESOC‘s applications for renewal of its STA for EchoStars 3, 12, and 16 to operate on channels 1 and 2.° IL. THIS REQUEST IS IN THE PUBLIC INTEREST, IS CONSISTENT WITH PAST PRECEDENT, AND WILL NOT CAUSE HARMFUL INTERFERENCE Renewal of the 180—day STA to operate EchoStars 3, 12, and 16 on channels 1 and 2 at the 61.5° W.L. nominal orbital location is in the public interest for the reasons set forth in the Stamp Grant, File No. SAT—STA—20131111—00130, Call Sign S2741 (granted Dec. 24, 2013). * Stamp Grant, File No. SAT—MOD—20100310—00042, Call Sign $2653 (granted June 9, 2010); see also Narrative, File No. SAT—MOD—20130905—00113, Call Sign $2653 (filed Nov. 8, 2013) (application for renewal of authorization to operate at 61.35° W.L.). * Letter from Jaime Londono, Vice President, Advanced Programs & Spectrum Management, EchoStar Technologies LLC, to Fern Jarmulnek, Acting Chief, Satellite Division, International Bureau, FCC (Feb. 19, 2013) ("EchoStar 16 Letter"), filed in File No. SAT—LOA— 20110902—00172, Call Sign $2844 (stating that EchoStar 16 became operational at 61.5° W.L. on February 14, 2013). ° EchoStar 16 Letter. © See Stamp Grants, File Nos. SAT—STA—20130626—00089, Call Sign $2653 (granted Aug. 15, 2013); SAT—STA—20130626—00090, Call Sign $2741 (granted Aug. 15, 2013); SAT— STA—20130626—00088, Call Sign $2844 (granted Aug. 15, 2013).

original STA grant, which is incorporated herein by reference.‘ EchoStar will continue to comply with the conditions on the use of the channels set forth in the original grant as follows:* EchoStar‘s use of channels 1 and 2 shall cause no harmful interference to any other lawfully operating radio station, and ESOC shall cease operation on these channels immediately upon notification of such interference. EchoStar shall not claim protection from interference from any other lawfully operating radio station with respect to its operations on channels 1 and 2. EchoStar has informed its customers in writing that services using channels 1 and 2 from the 61.5° W.L. cluster will be discontinued upon the termination of its temporary authority to operate on these channels. EchoStar will continue to provide the required terms set forth in the original grant in its monthly billing statements and marketing notifications. EchoStar will continue to use channels 1 and 2 at the nominal 61.5° W.L. orbital location only for free—standing, separate programming packages that are not required as a condition of purchasing any other programming packages and that are readily capable of being withdrawn on short notice. EchoStar shall cease operations on channels 1 and 2 at the 61.5° W.L. orbital location upon the launch and operation of a satellite regularly licensed to operate on these channels at this location. IIL. 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. " See June 2012 Order. 8 See id. at 11.

IV. CONCLUSION For the foregoing reasons, ESOC respectfully requests the grant of its application for a renewal of STA to operate EchoStars 3, 12, and 16 on channels 1 and 2 at the nominal 61.5° W.L. orbital location. Respectfully submitted, Is/ Jennifer A. Manner Vice President, Regulatory Affairs EchoStar Corporation 11717 Exploration Lane Germantown, MD 20817 (301) 428—5893 jennifer.manner@echostar.com January 6, 2014


Document Created: 2014-02-26 14:50:38
Document Modified: 2014-02-26 14:50:38
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