Attachment EchoStar - Grant Aug

EchoStar - Grant Aug

DECISION submitted by IB, FCC

Grant

2016-08-12

This document pretains to SAT-STA-20160805-00078 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2016080500078_1146451

$2653 SAT—STA—20160805—00078 182016001812 ries SAT— STA —20O bo§os— 00678 EchoStar Satellite Operating Corporation Call sagng& Grant Date 22!9—2 NB (or other identifier) Approved by OMB Term Dates 3060—0678 rom %01 JG To: "'Sadafifd-) Date & Time Filed: Aug 52016 1:57:46:213PM File Number: SAT—STA—20160805—00078 Callsign: 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: STA to Move EchoStar 12 from 61.35WL to 61.2WL 1. Applicant Name: EchoStar Satellite Operating Phone Number: 301—428—5893 Corporation DBA Name: Fax Number: Street: 100 Inverness Terrace East E—Mail: jennifer.manner@echostar.com City: Englewood State: CO Country: USA Zipcode: 80112 ~ Attention: Jennifer A. Manner

ATTACHMENT TO GRANT EchoStar Satellite Operating Corporation IBFS File No. SAT—STA—20160805—00078 IBFS File No(s): SAT—STA—20160805—00078 GR A NT ED — Licensee/Grantee: EchoStar Satellite Operating Corporation With Conditions Call Sign: | $2653 Satellite Name: EchoStar 12 Orbital Location: 61.2° W.L. (required station— (+/— 0.05 degrees east/west) keeping tolerance) Administration: United States of America Nature of Service: Direct Broadcast Satellite International Bureau Satellite Division Scope of Grant: Special Temporary Authority for a period of 30 days to conduct telemetry, tracking, and command (TT&C) operations necessary to drift EchoStar 12 from the 61.35° W.L. orbital location to the 61.2° W.L. orbital location and to maintain EchoStar 12 upon arrival at the 61.2° W.L. orbital location as an in—orbit spare, pursuant to the conditions of its current authorizations. Service Area(s): N/A 12.2—12.7 GHz (space—to—Earth) 17.3—17.8 GHz (Earth—to—space) 12.205 GHz, 12.697 GHz (space—to—Earth) 17.304 GHz (Earth—to—space) Operations under this grant must comport with the legal and technical specifications set forth by the applicant or petitioner and with Federal Communication Commission‘s rules not waived herein. This grant is also subject to the following conditions: 1. All operations under this grant of special temporary authority are subject to the same conditions as the current authorizations for EchoStar 12, IBFS File Nos. SAT—MOD—20130905—00113 (granted Feb. 27, 2014), and SAT—STA—20160114—00003 (granted Feb. 24, 2016) (renewal pending, IBFS File No. SAT— STA—20160725—00072). However, EchoStar 12‘s operations under this grant of special temporary authority are limited to TT&C and must not include the provision of commercial services. 2. 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. In the event of any harmful interference as a result of operations under this grant of special temporary authority, EchoStar must immediately take steps to eliminate such interference and must immediately inform the Commission, in writing, of such an event. 3. EchoStar must coordinate the operations of EchoStar 12 with existing geostationary space stations to ensure that no unacceptable interference results from its operations during the drift from the 61.35° W.L. orbital location to the 61.2° W.L. orbital location and upon its arrival at the 61.2° W.L. orbital location. 4. EchoStar must maintain the EchoStar 12 space station with an east/west longitudinal station—keeping tolerance of +/— 0.05 degrees of the 61.2° W.L. orbital location. Licensee/grantee is afforded thirty (30) days from the date of release of this action to decline the grant as conditioned. Failure to respond within this period will constitute formal acceptance of the grant as conditioned. This action is taken pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective upon release. Page 1 of 2

ATTACHMENT TO GRANT EchoStar Satellite Operating Corporation IBFS File No. SAT—STA—20160805—00078 Station licenses are subject to the conditions specified in Section 309(h) of the Communications Act of 1934, as amended, 47 U.S.C. § 309(h). Action August 12, 2016 Date: Term Dates From: August 12, 2016 To: period of 30 days Approved: & 0 P Chief, Satellitgineering Branch Page 2 of 2

2. Contact Name: Jennifer A. Manner Phone Number: 301—428—5893 Company: EchoStar Satellite Operating Fax Number: Corporation Street: 11717 Exploration Lane E—Mail: jennifer.manner@echostar.com City: Germantown State: MD Country: USA Zipcode: 20876 — Attention: Relationship: Same (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 C Noncommercial educational licensee £74 Other(please explain): 4b. Fee Classification 5. Type Request ) Change Station Location 4 Extend Expiration Date £4 Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 61.2WL

8. Description (If the complete description does not appearin this box, please go to the end of the form to view it in its entirety.) Seeking special temporary authority for a fleet management relocation of the EchoStar 12 satellite from 61.35WL to 61.2WL. See Exhibit 1. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject t 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 Jennifer A. Manner Senior Vice President, Regulatory Affairs 12. Please supply any need attachments. Attachment 1: Exhibit 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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EXHIBIT 1 REQUEST FOR SPECIAL TEMPORARY AUTHORITY Pursuant to Section 25.120(b)(3) of the Commission‘s rules,‘ EchoStar Satellite Operating Corporation (together with its affiliates, "EchoStar") requests special temporary authority ("STA") for 60 days to move and operate the EchoStar 12 satellite (Call Sign $2653) as an in—orbit spare at the 61.2° W.L. orbital location for fleet management purposes. EchoStar currently serves as an in—orbit spare at 61.35° W.L. and is authorized to operate EchoStar 12 at 61.35° W.L. on Direct Broadcast Satellite channels 3 through 3.7; pursuant to regular authority," and on channels 1—2 pursuant to STA.‘ EchoStar, however, seeks to relocate EchoStar 12 to 61.2° W.L. for fleet management purposes — specifically, to accommodate the planned arrival of the EchoStar 18 satellite at 61.35° W.L.* The proposed relocation will not cause harmful interference to other authorized co— frequency DBS/broadcasting satellite service ("BSS") operations. The nearest co—frequency satellites are EchoStar 15 and EchoStar 16 (as well as planned EchoStar 18) at the 61.5° W.L. orbital cluster and Nimiq 5 at 72.7° W.L., which are being utilized by EchoStar for provision of DBS/BSS. In the unlikely event of harmful interference, EchoStar is prepared to take appropriate measures to eliminate the interference, including immediately terminating communications upon receiving fiotice of such interference. Grant of the requested STA will serve the public interest by allowing EchoStar the flexibility to manage its satellite fleet efficiently and ensure that sufficient capacity is available ‘ See 47 C.F.R. § 25.120(b)(3). See EchoStar, IBFS File No. SAT—MOD—2(BO0905—001 13 (granted Feb. 27, 2014). > See EchoStar, IBFS File No. SAT—STA—20160114—00003 (granted Feb. 24, 2016). * See DISH Operating LL.C., IBFS File No. SAT—STA—20160725—00075 (granted Aug. 3, 2016).

for service to consumers from the nominal 61.5° W.L. orbital location." Moreover, the Commission recently expanded the fleet management notification procedures under Section 25.118(e) of its rules to permit the relocation of a satellite to a position within 0.15° of an orbital location assigned to the same licensee, without obtaining prior FCC authorization.© Upon the effectiveness of these rules revisions, EchoStar intends to obtain regular modification authority under revised Section 25.118(e). Until then, grant of the requested STA will serve the public interest, as demonstrated herein. * The Commission has a longstanding policy of leaving fleet management decisions to satellite operators because doing so generally serves the public interest. See SES Americom, Inc., Order and Authorization, 21 FCC Red. 3430, 3433 [ 8 (2006) (FCC "generally has allowed satellite operators to rearrange satellites in their fleet to reflect business and customer considerations where no public interest factors are adversely affected"); AMSC Subsidiary Corporation, Order and Authorization, 13 FCC Red 12316, 12318 Y 8 (IB 1998) (satellite operator "is in a better position to determine how to tailor its system to meet the particular needs of its customers"). ° See Comprehensive Review of Licensing and Operating Rules for Satellite Services, Second Report and Order, 30 FCC Red 14713, $ 295—96 (2015).


Document Created: 2016-08-16 16:13:32
Document Modified: 2016-08-16 16:13:32
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