Attachment EchoStar - Grant Mar

EchoStar - Grant Mar

DECISION submitted by IB, FCC

Grant

2017-03-16

This document pretains to SAT-STA-20170206-00013 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2017020600013_1201456

                                                                                      File #   SBT—StB—20170206— CCOl
$2653          SAT—STA—20170206—00013         182017000291
            Satellite Operating Corporation
Efi:figg; 12 MesE              e                                                        Call Sign S2453   GrantDate %Mflzrl
                                                                              $       (or otheridentifier) en Ds C                        Approved by OMB
                                                                             ~u_s_|   From_©2/08/17             . 1            gays             3060—0678
                                                                  GRANTED
Date & Time Filed: Feb 6 2017 11:19:58:366AM                 | International Burean   Approved:
File I*_lumber: SAT—STA—20170206—00013                       ¥with condfions                                     ).       LA          J
Callsign:                                                                                           Chef, giellile Blkg Beanch
                                               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 STA to Operate EchoStar 12 (Call Sign $2653) in the 61.5 W.L. Cluster on Channels 1 and 2
 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 Corporation
                                  IBFS File No. SAT—STA—20170206—00013

IBFS File No(s):       SAT—STA—20170206—00013                                           ~GRANTED—
Licensee/Grantee:      EchoStar Satellite Operating Corporation (EchoStar)                With Conditions
Call Sign:             $2653                                                 |
Satellite Name:        EchoStar 12
Orbital Location:      61.35° W.L.
(required station—     (+/— 0.05 degrees east—west station keeping)
keeping tolerance)
Administration:        United States of America
Nature of Service:     Direct Broadcast Service (DBS)                                   International Bureau
                                                                                          Satellite Division
Scope of Grant:        Special Temporary Authority for a period of 180 days to provide DBS over channels 1 and

Previous Grant(s):     g".ee, e.g., IBFS File no. SAT—STA—20160725—00072.

Service Area(s):       iSee conditions

Frequencies:           12.2—12.7 GHz (space—to—Earth)

Unless otherwise specified herein, 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. Operations pursuant to this authority shall be in accordance with the 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).

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.

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          March 16, 2017
Date:
Term Dates      From: February 8, 2017             To: Period of 180 days

Approved:       /é




                Stephen J,
                Chief, Satellite Policy Branch




                                                   Page 1 of 1


2. Contact


             Name:          Jennifer A. Manner                  Phone Number:                         301—428—5893
             Company:       EchoStar Satellite Operating        Fax Number:
                            Corporation
             Street:        11717 Exploration Lane              E—Mail:                               jennifermanner@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 SATSTA2016072500072 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        @4 Noncommercial educational licensee
34 Other(please explain):

4b. Fee Classification

5. Type Request

g3 Change Station Location                         & Extend Expiration Date                          {4 Other


6. Temporary Orbit Location                                                7. Requested Extended Expiration Date
                                                                                2017—08—07 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 12 satellite                            (Call Sign §$2653)          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 y Yes               £74 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: 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.


         APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY


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

 "EchoStar") hereby requests a 180—day renewal of its special temporary authority ("STA"),

 currently expiring on February 7, 2017,‘ 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.


 L.      INTRODUCTION AND BACKGROUND

         EchoStar currently operates the EchoStar 3, EchoStar 12, and EchoStar 16 satellites

 within in 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 61.8°

 W.L.      EchoStar 12, launched in 2003, is located at 61.35° W.L." EchoStar 16, which became

 operational in February 2013,4 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 STAs to operate on channels 1 and 2 upon receipt of notification that EchoStar 16


 ‘ See Stamp Grants, File Nos. SAT—STA—20160725—00071, Call Sign $2741 (granted Sept. 8, 2016);
 SAT—STA—20160725—00072, Call Sign $2653 (granted Sept. 8, 2016); SAT—STA—20160725—00073, Call
 Sign $2844 (granted Sept. 8, 2016).
 * Stamp Grant, File No. SAT—STA—20150514—00036, Call Sign $2741 (granted Jul. 9, 2015).
 * Stamp Grant, File No. SAT—MOD—20100310—00042, Call Sign $2653 (granted Jun. 9, 2010); see also
 Narrative, File No. SAT—MOD—20130905—00113, Call Sign $2653 (granted Feb. 27, 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).

                                                    1


had commenced operations."        EchoStar filed this notification on February 19, 2013.° The

Commission renewed EchoStar‘s STA to operate EchoStar 3, 12, and 16 on channels 1 and 2 on

August 15, 2013; February 26 and August 20, 2014; February 18 and August 27, 2015; and

February 24 and September 8, 2016.

IL.       THIS REQUEST IS IN THE PUBLIC INTEREST, IS CONSISTENT WITH PAST
          PRECEDENT, AND WILL NOT CAUSE HARMFUL INTERFERENCE

          Grant of the requested 180—day STA renewal 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:*

      1. 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.

      2. EchoStar shall not claim protection from interference from any other lawfully
         operating radio station with respect to its operations on channels 1 and 2.

      3. 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.

      4. EchoStar will continue to provide the required terms set forth in the original grant
         in its monthly billing statements and marketing notifications.

      5. 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 Satellite Operating Corp., Order and Authorization, 27 FCC Red 7138, 7141—42 JQ[ 10—11 (IB
2012) ("June 2012 Order").

° EchoStar 16 Letter.

? See June 2012 Order.
8 See id. § 11.


       6. EchoStar will 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.      CONCLUSION

          For the foregoing reasons, ESOC respectfully requests renewal of its STA to operate

EchoStars 3, 12, and 16 on channels 1 and 2 at the nominal 61.5° W.L. orbital location.



Document Created: 2017-03-16 17:57:35
Document Modified: 2017-03-16 17:57:35

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