Attachment EchoStar - Grant Sep

EchoStar - Grant Sep

DECISION submitted by IB, FCC

Grant

2017-09-13

This document pretains to SAT-STA-20170802-00114 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2017080200114_1275883

$2653 SAT—STA—20170802—00114 182017002116 Hilk# SMT—sTA—2or7ogo?— ooil4 EchoStar Satellite Operating Corporation EchoStar 16 Call Sign $2944 GrantDate og/is3 /17 (or other identifier) Approved by OMB Term Dates period of 3060—0678 From 0?/09/."' To: iw d‘g Date & Time Filed: Aug 2 2017 3:12:06:996PM Approved: File Number: SAT—STA—20170802—00114 J Duall Callsign: Chief Satellite. folicyBrarch 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: August 2017 STA Renewal for EchoStar 16 (Call Sign $2844) on Channels 1 & 2 at 61.5 W.L. Cluster 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 Corporation IBFS File No. SAT—STA—20170802—00114 IBFS File No(s): SAT—STA—20170802—00114 GRANTED— Licensee/Grantee: EchoStar Satellite Operating Corporation (EchoStar) With Conditions Call Sign: $2844 smm Satellite Name: EchoStar 16 Orbital Location: 61.5° 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 2. Service Area(s): See condition 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(b). Action September 13, 2017 Date: Term Dates From: August 8, 2017 To: Period of 180 days HigtefOD Approved: Stephenrt7]. Duall 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: 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 1B2017000292 4a. Is a fee submitted with this application? , !fYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). C Governmental Entity ¢3 Noncommercial educational licensee g4 Other(please explain): 4b. Fee Classification 5. Type Request €3 Change Station Location @ Extend Expiration Date C3 Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 2018—02—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.) Seeking renewal of special temporary authority to operate satellite on channels 1 and 2 at the 61.5 W.L. orbital cluster. See attached Exhibit 1. 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 §62, 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).

FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. If you have any comments on this burden estimate, or how we can improve the collection and reduce the burden it causes you, please write to the Federal Communications Commission, AMD—PERM, Paperwork Reduction Project (3060—0678), Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects of this collection via the Internet if you send them to PRA@fce.gov. PLEASE DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember — You are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060—0678. 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.

EXHIBIT 1 APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY Pursuant to 47 C.F.R. § 25.120(b)(2), EchoStar Satellite Operating Corporation (together with its affiliates, "EchoStar") hereby requests a 180—day renewal of its special temporary authority ("STA"), currently expiring on August 7, 2017,‘ to operate the EchoStar 12 (Call Sign 2653) and EchoStar 16 (Call Sign $2844) satellites on channels 1 and 2 at the nominal 61.5° W.L. orbital location. 1. INTRODUCTION AND BACKGROUND EchoStar currently operates the EchoStar 12 and EchoStar 16 satellites within the 61.5° W.L. orbital cluster. EchoStar 12, launched in 2003, currently operates as an in—orbit spare at 61.2° W.L., pursuant to notification under 47 C.F.R. § 25.118(6).2 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 STAs to operate on channels 1 and 2 upon receipt of notification that EchoStar 16 \ See Stamp Grants, File Nos. SAT—STA—20170206—00013 (granted Mar. 16, 2017); SAT—STA—20170206— 00014 (granted Mar. 16, 2017). 2 See Letter from Jennifer L. Larson, EchoStar, to Marlene H. Dortch, Secretary, FCC, IBFS File No. SAT—MOD—20130905—00113 (Sept. 2, 2016). EchoStar has a pending modification application to move and operate EchoStar 12 to 86.4° W.L. See EchoStar, File No. SAT—MOD—20170626—00099 (June 26, 2017). 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." Since August 2013, the Commission consistently has renewed EchoStar‘s STAs to operate EchoStar 12 and 16 on channels 1 and 2. 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. 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. * EchoStar Satellite Operating Corp., Order and Authorization, 27 FCC Red 7138, 7141—42 JY 10—11 (IB 2012) ("2012 EchoStar Order‘). ° See EchoStar 16 Letter. 6 See 2012 EchoStar Order. See id. T 11.

III. CONCLUSION For the foregoing reasons, EchoStar respectfully requests renewal of its STA to operate EchoStar 12 and 16 on channels 1 and 2 at the nominal 61.5° W.L. orbital location.


Document Created: 2017-09-14 16:18:15
Document Modified: 2017-09-14 16:18:15
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