Attachment EchoStar - Grant Aug

EchoStar - Grant Aug

DECISION submitted by IB,FCC

Grant

2014-08-20

This document pretains to SAT-STA-20140624-00080 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2014062400080_1058715

$2844         SAT—STA—20140624—00080
EchoStar Satellite Operating Corp            182014001274
                                  oration                                             Hilc# _SBL
EchoStar 16                                                                                                                      e           .
                                                                                      Call Sign S2844 Grant Date ogs/20/14
                                                                                      (or other identifier)                           lrs   6C
                                                                                                               Torm Dates Pefke                  Approved by OMB
                                                                                      Trom O¢/ltef14                         3,. days                   3060—0678

        Date & Time Filed: Jun 24 2014 6:25:30:953PM                oesniecau         Approved:
        File Number: SAT—STA—20140624—00080                        #with conddions                                   plieh     J. Duall
                                                                                                                                                 anch
        Callsign:                                                                                             Chni           ,Sa*clm’e Pofic:j Br

                                                      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:


                              EchoStar Satellite Operating Corporation
                              IBFS File No. SAT—STA—20140624—00080
                                           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 August 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).




                                                      Tile# SAT— Ss1b — 20140624 — 006 8g0

                                                      Call Sign SZ8%H4_ GrantDate os/20 /14
                                                      (or other identifier)                        ‘
                                                                                  Term Dates   Pef\Od OF
                                                      From OSz"oz 4                     Jy      ""TYO AQSNS
                                      A Bd CE
                                       LE

                                       onal BRure:
                                       inn
                                            Bureau   | Approved:,._____
                                                       A  rr e «
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                               fuwith condifios                               rectenl        4. {xull
                                                                          Chief] Sabellite Plicy Branch


2. Contact


             Name:        Jennifer A. Manner                    Phone Number:                         301—428—5893
             Company:     EchoStar Corporation                  Fax Number:                           301—428—2818
             Street:       11717 Exploration Lane               E—Mail:                               jennifer.manner@echostar.com



             City:        Germantown                            State:                                MD
             Country:      USA                                  Zipcode:                              20876      —
             Attention:   Jennifer A. Manner                    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 SATSTA2014010600001 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).
4 Governmental Entity       C Noncommercial educational licensee
C Other(please explain):

4b. Fee Classification

5. Type Request

«y Change Station Location                         @ Extend Expiration Date                          g4 Other


6. Temporary Orbit Location                                                7. Requested Extended Expiration Date
        61.5 W.L.                                                               2015—02—10 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 Spécial Temporary
     Authority to operate the EchoStar 16 satellite                            (Call Sign S$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               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
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).


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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




                                              No/ Nt Nee Ne Nt Nes Ned Nee Nee Neue! Nune! Nes Nune!
In the Matter of

ECHOSTAR SATELLITE OPERATING
CORPORATION                                                                                            File Nos. SAT—STA—20140106—00003
                                                                                                                 SAT—STA—20140106—00002
Application for Renewal of Special                                                                               SAT—STA—20140106—00001
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 ofits 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 August 15, 2014.‘


1.     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—20140106—00002, Call Sign $2653 (granted
Feb. 16, 2014); SAT—STA—20140106—0003, SAT—STA—20140106—00002, Call Sign $2741
(granted Feb. 16, 2014); SAT—STA—20140106—00001, Call Sign $2844 (granted Feb. 16, 2014).


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 EchoStar‘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. EchoStar filed this notification on February 19, 2013." On August

15, 2013, the Commission granted EchoStar‘s applications for renewal ofits STA for EchoStars

3, 12, and 16 to operate on channels 1 and 2.° The Commission again granted these authorities

on February 26, 2014. ‘




         > Stamp Grant, File No. SAT—STA—20131111—00130, Call Sign $2741 (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.

       6 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).
         " See supra note 1.


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

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 EchoStar 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 ofits
               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.

III.   WAIVER PURSUANT TO SECTION 304 OF THE ACT

       In accordance with Section 304 of the Communications Act of 1934, as amended,




       8 See June 2012 Order.

       ° See id.   11.


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.


IV.    CONCLUSION

       For the foregoing reasons, ESOC respectfully requests the grant of its applications 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,


                                                      /s/
                                            Jennifer A. Manner
                                            Vice President, Regulatory Affairs
                                            EchoStar Corporation
                                            11717 Exploration Lane
                                            Germantown, MD 20817
                                            (301) 428—5893
                                            jennifer.manner@echostar.com

June 24, 2014



Document Created: 2014-08-20 15:42:18
Document Modified: 2014-08-20 15:42:18

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