Attachment EchoStar - Grant Jun

EchoStar - Grant Jun

DECISION submitted by IB, FCC

Grant

2017-06-29

This document pretains to SAT-STA-20170626-00098 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2017062600098_1243226

| File #_SAT—SiB—2070626—0c08§ ZZZI“St SAT—STA—20170626—000838 182017001694 td choStar Satellite Operating Corporation ECHOSTAR—3 CaltSign SZ74 _ GrantDate, 06/23['7 or other identifier < ( U TermDates peried of Approved by OMB ® 3060—0678 f From_07/03/17 To: 30 days crRantep* * # Date & Time Filed: Jun 26 2017 1:27:48:963PM International Bureau _| Approved: 6 File Number: SAT—STA—20170626—00098 Ewith concdinaon n J. Duall Callsign: eSatalik FU!(J Brarch 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 & Operate EchoStar 3 at 86.85 WL 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—20170626—00098 IBFS File No{s): SAT—STA—20170626—00098 GR A NTE D — Licensee/Grantee: EchoStar Satellite Operating Corporation (EchoStar) With Conditions Call Sign: $2741 Satellite Name: EchoStar 3 Orbital Location: 86.85° W.L. (required station— (+/— 0.05 degrees) keeping tolerance) Administration: United States of America Nature of Service: Broadcasting Satellite Service (BSS) International Bureau Satellite Division Scope of Grant: Special temporary authority for a period of 30—days, beginning July 3, 2017, to conduct telemetry, tracking and command operations with EchoStar 3 during the drift from the 61.8° W.L. orbital location to the §6.85° W.L. orbital location and while at 86.85° W.L., and to operate EchoStar 3 using the 12.2—12.7 GHz and 17.3—17.8 GHz frequency bands at the 86.85° W.L. orbital location.‘ Frequencies: 12.2—12.7 GHz (space—to—Earth) 17.3—17.8 GHz (Earth—to—space)" Telemetry: 12.201 GHz, 12.203 GHz, 12.699 GHz Command: 17.3015 GHz 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. All operations during EchoStar 3°s drift from the 61.8° W.L. orbital location to the 86.85° W.L. orbital location and during operations from the 86.85° W.L. orbital location must be on an unprotected and non— harmful interference basis, i.e., EchoStar must not cause harmful interference to, and must not claim protection from interference caused to it by, any other lawfully operating stations. In the event of harmful interference during EchoStar 3°s drift to the 86.85° W.L. orbital location or harmful interference during EchoStar 3‘s operations at 86.85° W.L., EchoStar shall cease operations immediately upon notification of such interference, and shall inform the Commission, in writing, immediately of such an event. During the drift to the 86.85° W.L. orbital location, EchoStar must operate only the telemetry, tracking, and command frequencies authorized for EchoStar 3, and must not operate the communications payload. EchoStar must maintain full operational control of Echo Star 3 at all times during the drift to and operations at the 86.85° W.L. orbital location, and must comply with any relevant coordination agreements. Any action take or expense incurred as a result of operations pursuant to this grant of special temporary authority is at EchoStar‘s own risk. ‘ EchoStar requested special temporary authority for a period of 60 days, but the Commission may grant temporary authorization for a period greater than 30 days without public notice only if a request for regular authority for the service is also filed. 47 CFR § 25.121(a)(3). Since a request for regular authority has not been filed, nor appears intended to be filed, we limit this grant to a period of 30 days pursuant to section 25.121(a)(3). > EchoStar states that EchoStar—3 will operate at 86.85 WL orbital location under the USAT—S3 MOD—C and USAT—S4 MOD—D ITU filings of the U.K. Administration as part of the ITU Region 2 BSS Plan. Page 1 of 2

ATTACHMENT TO GRANT EchoStar Satellite Operating Corporation IBFS File No. SAT—STA—20170626—00098 6. EchoStar must comply with the applicable laws, regulations, rules and authorization process of any country in which it provides service. 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 June 29, 2017 Date: Term Dates: From: July 3, 2017 To: period of 30 days Approved: Stephen J. Chief, Satellite Policy Branch Page 2 of 2

2. Contact Name: Jennifer A. Manner Phone Number: (301)428—5893 Company: EchoStar Fax Number: (301)428—2818 Street: 11717 Exploration Lane E—Mail: jennifer.manner@echostar.ccom City: Germantown State: MD Country: USA Zipcode: 20876 — Attention: Relationship: (If your application is related to an application filed with the Commission, enter either the file number or the IB Submission ID ofthe 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). 0O Governmental Entity 0 Noncommercial educational licensee 4 Other(please explain): 4b. Fee Classification CRY — Space Station (Geostationary) 5. Type Request @) Change Station Location 4 Extend Expiration Date 0 Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 86.85 W.L.

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.) Seeking 60—day STA, commencing on or approximately July 3, 2017, to move and operate EchoStar 3 at 86.85 WL, as well as operate certain earth stations for TT&C communications. See Exhibit 1. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ 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 &quot;party to the application&quot; 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: Technical Annex 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 DESCRIPTION OF PROPOSED SPECIAL TEMPORARY OPERATIONS (Response to Space Station/Earth Station STA Forms, Question 8 or 12) Pursuant to 47 C.F.R. § 25.120(b), EchoStar Satellite Operating Corporation and EchoStar Operating L.L.C. (together with their affiliates, "EchoStar") request 60—day special temporary authority ("STA"), commencing on or approximately July 3, 2017, to (i) move and operate the EchoStar 3 satellite (Call Sign $2741) at 86.85° W.L. for a brief period; and (ii) operate certain earth stations in Blackhawk, South Dakota (Call Signs E020248 and E150098), and Gilbert, Arizona (Call Sign E010242) for telemetry, tracking, and control ("TT&C") communications on the following frequencies during EchoStar 3‘s temporary move and operations at 86.85° W.L.:‘ TC1: 17.3015 GHz [ TM1: 12.201 GHz TM2: 12.203 GHz TM3: 12.699 GHz Under the requested STA (and subject to STA renewal), EchoStar 3 will operate at 86.85° W.L. for a brief period of approximately three to four months, in accordance with the United Kingdom‘s filings with the International Telecommunication Union ("ITU®") for the USAT—S3 MOD—C and USAT—S3 MOD—D networks. Following such temporary operations, EchoStar will commence maneuvers to deorbit the satellite. The accompanying Schedule S and Technical ‘ EchoStar concurrently is filing applications to modify the licenses of EchoStar 12 and associated earth stations to permit moving the satellite to 86.4° W.L. for regular operations and to add the satellite at 86.4° W.L. as a point of communications for TT&C operations.

Annex contain technical and orbital debris mitigation information required under 47 C.F.R. $ 25.114. 1. BACKGROUND Launched in 1998, the EchoStar 3 satellite is capable of operating in the 17.3—17.8 GHz BSS feeder uplink (ITU Appendix 30A) and the 12.2—12.7 GHz BSS downlink (ITU Appendix 30) bands. Until just a few years ago, EchoStar 3 provided capacity for service (via DISH Network Corporation) té millions of satellite television subscribers. The satellite currently operates as an in—orbit spare at 61.8° W.L. under STA." In 2008, the Commission extended EchoStar 3‘s license term for an additional 10 years.3 EchoStar has placed EchoStar 3 in an inclined orbit in the north—south direction to extend the useful life beyond its current license period, set to expire in 2018.* To accommodate the neéds of its customer and development partner, SES Satellites (Gibraltar) Ltd. ("SES"), EchoStar seeks to move and operate EchoStar 3 at 86.85° W.L. on an STA basis for a brief period of approximately three to four months. SES currently operates NIMIQ—1, a Canadian—licensed Ku—band BSS satellite, on a regular basis at 86.5° W.L. in accordance with the United Kingdom‘s ITU filings for the USAT—S3 MOD—C and USAT—S3 MOD—D networks, but seeks to operate the satellite on a temporary basis, requiring it to obtain capacity from another satellite to replace that currently offered by NIMIQ—1. Consequently, EchoStar has agreed, subject to obtaining FCC and other required regulatory approvals, to move * See EchoStar, Stamp Grant, IBFS File No. SAT—STA—20161207—00126 (Jan. 26, 2017); see also EchoStar, Stamp Grant, IBFS File No. SAT—STA—20140106—00003 (Jan. 26, 2014). * See EchoStar, Stamp Grant, IBFS File No. SAT—MOD—20071212—00173 (April 3, 2008). * See Letter from Jennifer A. Manner, EchoStar, to Marlene H. Dortch, Secretary, FCC, IBFS File Nos. SAT—MOD—20120301—00033 et al. (July 16, 2014) (noting commencement of EchoStar 3‘s inclined orbit operations).

and operate EchoStar 3 at 86.85° W.L. for a brief period of a few months to provide capacity currently offered by NIMIQ—1. Upon completion of NIMIQ—1‘s temporary operations, EchoStar 3 will no longer be required to provide replacement capacity for existing NIMIQ—1 services, and EchoStar intends to seek additional authority to deorbit EchoStar 3 on an‘ STA basis. IL. THE PROPOSED STA OPERATIONS WILL SERVE THE PUBLIC INTEREST The proposed STA operations at 86.85° W.L. will offer substantial public interest benefits. As an initial matter, the Commission has a longstanding policy of leaving fleet management decisions to satellite operators because doing so generally serves the public interest. Specifically, the Commission has determined that the satellite licensee "is in a better position to determine how to tailor its system to meet the particular needs of its customers."" Thus, thé Commission "will generally grant a [satellite] licensee‘s request to modify its system, provided there are no compelling countervailing public interest considerations. »6 Consequently, the proposed STA operations at 86.85° W.L. will serve the public interest by allowing EchoStar the flexibility to determine how best to meet the needs of its customers." At the same time, as noted in Section III below, EchoStar 3 will operate under the requested STA on an unprotected, non— harmful interference basis, thus ensuring no harmful interference to other authorized services. ° AMSC Subsidiary Corporation, 13 FCC Red 12316, 1 8 (IB 1998). ° Id.; see also SES Americom, Inc., 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"). ? See supra nn.6 and 7; see also EchoStar STA Order [ 8 ("assessment of the motivation of [satellite] operators ... does not provide an appropriate basis for determining whether an STA would serve the public interest); SES Americom J 12 n.39 (FCC consideration of "incidental effect" resulting from STA operations is "irrelevant to our public interest determination").

III. OPERATIONAL PARAMETERS EchoStar 3°‘s STA operations at 86.85° W.L. will be subject to the conditions typically imposed on U.S.—licensed satellites operating under STA in accordance with non—U.S. ITU filings. These conditions include the following: 1. All authorized operations will be on an unprotected and non—harmful interference basis (i.e., EchoStar 3 will not cause harmful interference to, and will not claim protection from interference caused to it by, any other lawfully operating station). In the event of any harmful interference, EchoStar will cease operations immediately upon notification of such interference and will immediately inform the Commission in writing of . such an event. EchoStar will maintain full operational control of EchoStar 3 at all times. EchoStar will maintain EchoStar 3 at 86.85° W.L. with an east—west longitudinal station—keeping tolerance of +/—0.05 degree. In connection with the provision of service in any particular country, EchoStar will comply with the applicable laws, regulations, rules, and licensing procedures of that country. During drift operations, all transponders other than TT&C transponders will be turned off.


Document Created: 2017-06-29 17:11:33
Document Modified: 2017-06-29 17:11:33
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