Attachment Question 43

This document pretains to SES-LIC-20170414-00405 for License on a Satellite Earth Station filing.

IBFS_SESLIC2017041400405_1205488

                                                                                      Exhibit 1
                                                                                  FCC Form 312
                                                                                     Page 1 of 5

                 Application of EchoStar Broadcasting Holding Corporation
                    For Authorization for a New Earth Station License

       Pursuant to 47 C.F.R. § 25.115, EchoStar Broadcasting Holding Corporation (“EBHC”),

an indirect subsidiary of DISH Network Corporation (“DISH”), seeks new earth station

authorizations to separate out certain antennas in call signs E020233, E050373, E980127 (the

“Current Licenses”) into their own licenses (the “Separate Licenses”). Once the Separate

Licenses are in place, EBHC plans to seek permission from the Commission to assign them to

EchoStar Operating L.L.C. (“ESO”), a direct subsidiary of EchoStar Corporation (“EchoStar”).

This separation and subsequent assignment will allow each of DISH and EchoStar to hold the

regulatory authorizations over the individual antennas used in their respective businesses.

I.     Background

       On February 28, 2017, DISH and EchoStar consummated a transaction whereby

EchoStar transferred, among other things, certain licenses and authorizations to DISH, including

the Current Licenses.1 Certain antennas (see Section II below) on these Current Licenses,

however, are used principally for EchoStar, as opposed to DISH, business. By seeking the

Separate Licenses (and through their subsequent assignment to ESO), DISH and EBHC now

seek to align each of DISH and EchoStar’s regulatory holdings with their respective business

operations.




1
 File Nos. SES-ASG-20170206-00118, SES-ASG-20170206-00119, SES-ASG-20170206-
001120. As the companies are commonly controlled, the applications were granted in due course
according to the Commission’s pro forma procedures. FCC, Public Notice, Report No. SES-
01930, Satellite Communications Services Information re: Actions Taken (Feb. 15, 2017).


                                                                                       Exhibit 1
                                                                                   FCC Form 312
                                                                                      Page 2 of 5

II.    Separate Licenses and the Public Interest

       EBHC requests Separate Licenses for the antennas referenced in the below table. All

other antennas on each of the Current Licenses will remain on their Current License.

           Earth        Antennas                         Frequencies
          Station
       E980127         K2            Transmit
                                     14 GHz – 14.5 GHz, 14 GHz – 14.004 GHz

                                     Receive
                                     11.7 GHz – 12.2 GHz, 11.45 GHz – 11.7 GHz
                                     10.95 GHz – 11.2 GHz
       E020233         GC1           Transmit
                                     6.424 GHz – 6.425 GHz, 6.420 GHz – 6.421 GHz
                                     6.109 GHz – 6.181 GHz, 6.040 GHz – 6.077 GHz
                                     6.020 GHz – 6.028 GHz, 5.961 GHz – 5.988 GHz
                                     5.925 GHz – 5.929 GHz

                                     Receive
                                     4.195 GHz – 4.20 GHz, 3.7 GHz – 4.2 GHz
                                     3.7 GHz – 3.705 GHz
       E050373         VAT1          Transmit
                                     17.3 GHz – 17.8 GHz

                                     Receive
                                     12.2 GHz – 12.7 GHz


Each of the antennas being moved to the Separate Licenses will operate pursuant to the technical

parameters provided in their respective Schedule B of the corresponding Form 312, which

remain unchanged from their parameters under the Current Licenses, and each will remain at its

current physical location.2



2
  The applications reflect the installed locations for those antennas, which in each case vary less
than 1 arc second from the coordinates in the Current Licenses. In all cases, and consistent with
Commission rule 25.118(a)(4)(vi), existing coordination reports remain valid.


                                                                                       Exhibit 1
                                                                                   FCC Form 312
                                                                                      Page 3 of 5

        Grant of this application is in the public interest because it will allow DISH and EchoStar

to hold the authorizations relevant to their respective businesses, enhancing operational

efficiency for both companies.

III.    Points of Communication

        EBHC seeks authorizations for the antennas in the Separate Licenses to communicate

with the same space stations authorized for their corresponding Current License, as follows:3

    Earth Station                Orbital Location/                 Point of Communication
                                      Cluster
E980127                                                        Permitted Space Station List

                                    37.5° W.L.                 TELSTAR 11N

                                   76.90° W.L.                 ECHOSTAR 8

                      61.5°, 110°, and 119 ° W.L. clusters     EchoStar and DISH Satellites

E020233                                                        Permitted Space Station List

                                     77° W.L.                  ECHOSTAR 1

                                   92.85° W.L.                 DBSD G-1 (S2651)

E050373               61.5°, 110°, and 119 ° W.L. clusters     EchoStar and DISH Satellites



IV.     Federal Aviation Administration (“FAA”) Notification

        The physical emplacements of each of the antennas for the Separate Licenses remain

unchanged from their emplacement under the Current Licenses. No FAA notifications were

required for the Current Licenses, and no FAA notifications are required for the Separate
3
 We have omitted references to points of communication that are no longer valid in light of
satellite moves.


                                                                                        Exhibit 1
                                                                                    FCC Form 312
                                                                                       Page 4 of 5

Licenses as the respective TOWAIR reports (attached to the respective applications)

demonstrate:

   Earth Station                Antennas                    Size                  Exemption
E980127                   K2                       9.0 M                   Passes slope

E020233                   GC1                      9M                      No airport within 8
                                                                           kilometers of
                                                                           coordinates.
E050373                   VAT1                     13.2 M                  Passes slope.



V.     Radiation Hazard Study

       The radiation hazard studies associated with these antennas under the Current Licenses

remain valid, and DISH hereby incorporates such studies into the respective applications by

reference.4

VI.    Frequency Coordination

       The frequency coordination studies associated with these antennas under the Current

Licenses are equally applicable today, and DISH hereby incorporates such studies into the

respective applications by reference.5

VII.   Waiver Requested

       DISH requests a waiver of Commission rule 25.115(c)(2)(iii) to the extent necessary to

grant the Separate Licenses. Rule 25.115(c)(2)(iii) addresses the time lapse permitted between

earth station coordination efforts and the filing of a lead earth station application. Because the

       4
        DISH also attaches such studies to their relevant application to the extent that such
study was available electronically through IBFS.
       5
        DISH also attaches such studies to their relevant application to the extent that such
study was available electronically through IBFS.


                                                                                      Exhibit 1
                                                                                  FCC Form 312
                                                                                     Page 5 of 5

Current Licenses were timely filed under the rule, and the partitioning of the Current Licenses to

create the Separate Licenses does not affect the interference environment, the frequency

coordination studies conducted for and filed with the Current Licenses remain applicable to the

operations under the Separate Licenses.



Document Created: 2017-04-13 18:01:23
Document Modified: 2017-04-13 18:01:23

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