Attachment EchoStar - Grant Jul

EchoStar - Grant Jul

DECISION submitted by IB, FCC

Grant

2017-07-28

This document pretains to SAT-STA-20170728-00112 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2017072800112_1256105

                                                                                           ites _SBT— S— 201707 28—co0n7
s2741          SAT—STA—20170728—00112          182017002080
  hoStar    Satellite Operating Corporation
Poia e ent                        enf                                                      &fls@nflm:natuflm
                                                                                           (or other identificr)                       R
                                                                                                                    Term Dates          ;d sf       Approved by OMB
                                                                                           From 07/2¢M1                           30         day$         3060—0678
Date & Time     Filed: Jul 28 2017 4:30:39:983PM                International Bureau       Approved:
  ate       Time Filed: Ju               :30:39:                                       *
File Number: SAT—STA—20170728—00112                           + with conclitions                                   5s         en J.. D“‘“,
Callsign:                                                                                                          Ch     .Sq’fdld‘e fl')lnl E_jfifafld’i

                                                  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 30 day STA for Safe Flight of EchoStar III
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:                                           cCO
              Country:        USA                                      Zipcode:                                         80112       *
              Attention:      Jennifer A Manner


                                          ATTACHMENT TO GRANT
                                      EchoStar Satellite Operating Corporation
                                     IBFS File No. SAT—STA—20170728—00112

IBFS File No(s):        SAT—STA—20170728—00112                                             GRA NT ED —
Licensee/Grantee:       EchoStar Satellite Operating Corporation (EchoStar)                With Conditions
Call Sign:              $2741                                                                   ym
Satellite Name:         EchoStar 3
Orbital Location:       61.8 ° W.L. (see Scope of Grant)
(required station—
keeping tolerance)
Administration:         United States of America
Nature of Service:      Telemetry, Tracking and Command (TT&C)                          International Bureau
                                                                                           Satellite Division
Scope of Grant:        Special temporary authority (STA) for a period of 30—days to conduct TT&C with the
                       EchoStar 3 space station outside of its assigned stationkeeping volume of +/— 0.05 degrees
                       at 61.8° W.L.
Frequencies:           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.   EchoStar is required to accept interference from other lawfully operating space stations or radio
         communications systems
    2.   In the event of any harmful interference to other lawfully operating space stations or radio
         communications systems, EchoStar shall inform the Commission, in writing, immediately of such an
         event.

    3.   EchoStar must coordinate the operations of EchoStar 3 with existing geostationary space stations to
         ensure that no unacceptable interference results from its operations under this grant of STA
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             July 28, 2017
Date:
Term Dates:        From: July 28, 2017                               To: period of 30 days




                  Iipe]All
Approved:



                  Stephen Y Duall
                  Chief, Satellite Policy Branch



                                                    Page 1 of 1


2. Contact


             Name:          Jennifer A Manner                   Phone Number:                         3014285893
             Company:       EchoStar Satellite Operating        Fax Number:                           3014282818
                            Corporation
             Street:        100 Inverness Terrace East          E—Mail:                               jennifermanner@echostar.com



             City:          Englewood                           State:                                CO
             Country:       USA                                 Zipcode:                              80112      —
             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 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         f4 Noncommercial educational licensee
{4 Other(please explain}:

4b. Fee Classification    CRY — Space Station (Geostationary)
5. Type Request

[ Change Station Location                         C Extend Expiration Date                           @ Other


6. Temporary Orbit Location                                                7. Requested Extended Expiration Date


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                        (ESOC)     requests a 30 day STA and waiver of
     station keeping          (47 C.F.R.       S$.25.210(j))       to permit safe flight of EchoStar III,                        currently
     outside of its assigned stationkeeping volume at 61.8 WL +/— 0.05 degrees,                                            and 86.85 WL at
     +/— 0.05 degrees under its current temporary authority.




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 "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: Question 36                          Attachment 3: Question 40


          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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1, 1995, 44 U.S.C. SECTION 3507.


                                      Before the
                       FEDERAL COMMUNICATIONS COMMISSION
                                Washington, D.C. 20554

  In the Matter of                                     )
                                                       p
  ECHOSTAR SATELLITE OPERATING                         )    File No. SAT—STA— ————
  CORPORATION.  _                                      )    Call Sign $2741
                                                       )
  Request for Special Temporary Authority for          )
  the E3 Fixed—Satellite Space Station

  EXPEDITED ACTION REQUESTED


                     REQUEST OF ECHOSTAR SATELLITE OPERATING
                                   CORPORATION


                EchoStar Satellite Operating Corporation ("ESOC"), pursuant to Section 25.120

 of the Commission‘s rules, 47 C.F.R. §25.120, hereby resbectfully requests immediate special

 temporary authority ("STA") for a period of 30 days and a waiver of the stationkeeping tolerance

 requirements of Section 25.210(j), 47 C.F.R. §25.210(j), to permit safe flight of the EchoStar

 III ("E3") satellite outside of its assigned stationkeeping volume at 61.8° W.L. +/— 0.05 degrees

 and 86.85 ° W.L. +/— 0.05 under its current temporary authorization.


                E3 is a broadcast satellite service satellite (ITU Appendix 30A) that is licensed to

 operate pursuant to Commission authority under a STA at 61.8° W.L.‘ and is currently authorized

 under STA to move E3 from 61.8° W.L. +/— 0.05 degrees to 86.85° W.L. ESOC previously

 informed personnel in the Commission‘s Satellite Division, on July 28, 2017, that E3 experienced

 an anomaly of unknown origin during its move. Due to this anomaly, the satellite is not

 responding to commands, and ESOC is unable to maintain the satellite in its assigned

 stationkeeping volume. ESOC seeks an STA to continue satellite flight of E3. Based on the



\ See EchoStar, Stamp Grant, IBFS File NO. SAT—STA—20161207—00126 (Jan. 26, 2017); sge also
EchoStar, Stamp Grant, IBFS File NO. SAT—STA—20140106—00003 (Jan. 26, 2014). .
                                                 1


    available evidence, ESOC has a very high level of confidence that the satellite‘s communications

    payloads are off, as are its TT&C system, and ESOC is not seeking authority to operate the

    communications payloads. However, if ESOC can reestablish its TT&C system ESOC seeks

    authorization to operate this system." Our recovery attempts include trying to power on the TT&C

    system, and if successful, we will begin TT&C operations immediately.


                       Granting the STA and the associated waiver will serve the public interest and is

    consistent with Commission policy:


                              The Commission may waive a rule for good cause shown.
                              Waiver is appropriate if special circumstances warrant a
                              deviation from the general rule and such deviation would
                              better serve the public interest than would strict adherence
                              to the general rule. Generally, the Commission may grant
                              a waiver of its rules in a particular case if the relief
                              requested would not undermine the policy objective of
                              the rule in question and would otherwise serve the public
                              interest.?

    The Commission may also take into account considerations of hardship and equity when evaluating a

    waiver request.*


                    These considerations justify a waiver of the Commission‘s stationkeeping tolerance

    requirements in this instance. Because ofthe technical anomaly affecting the E3 satellite, the spacecraft

    is not responding to the commands necessary to maintain it within its assigned stationkeeping volume.

    As a result, ESOC is unable to conform to the requirements of Section 25.210(j). Waiving the rule

    will allow ESOC to continue to attempt to regain control of the spacecraft and ESOC is taking all


2      The E3 TT&C frequencies are as follows:
              Command: 17.3015 GHz
              Telemetry: 12.201 GHz
                          12.203 GHz
                          12.699 GHz
3 PanAmSat Licensee Corp., 17FCC Red 10483, 10492 (Sat. Div. 2002) (footnotes omitted).
4 WaitRadio v. FCC, 418 F.24 1153, 1159 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027
  (1972).


practical steps to coordinate the safe operation of E3, including contacting the operators of neighboring

satellites. E3 is expected to remain approximately 10—12km above the geostationary orbital arec which

adds to its safe flight.


                 As discussed above, ESOC asks that the requested STA take effect immediately. The

anomaly affecting E3 occurred suddenly and without warning, and is the type of extraordinary

circumstance that warrants grant of authority on less than three business days‘ notice under Section

25.120(a).

                 For the foregoing reasons, ESOC respectfully requests expedited grant of this STA to

permit the flight of E3 outside the satellite‘s assigned stationkeeping volume, and, if appropriate,

operate the TT&C.


                                                Respectfully submitted,


                                                By:/s/ Jennifer A. Manner

                                                    Jennifer A. Manner
                                                    Senior Vice President, Regulatory Affairs
                                                    EchoStar Satellite Operating Corporatmn
                                                    100 Inverness Terrace East
                                                    Englewood, CO 20876
                                                    (301) 428—5893


Dated: July 28, 2018



Document Created: 2017-08-01 16:37:38
Document Modified: 2017-08-01 16:37:38

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