Attachment Grant

Grant

DECISION submitted by FCC

Grant

2009-07-22

This document pretains to SES-STA-20090708-00846 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2009070800846_725380

                                       E020233       SES—STA—20090708—00846              1B2009001865
                                       EchoStar Corporation



                                                                                                                       Approved by OMB
                                                                                                                              3060—0678

                            APPLICATION FOR EARTH STATION SPECIAL TEMPORARY AUTHORITY



APPLICANT INFORMATIONEnter a description of this application to identify it on the main menu:
Request to Renew Special Temporary Authority to Operate E020233 to Move EchoStar 1 to 77.15 W.L.
 1. Applicant

           Name:        EchoStar Corporation                  Phone Number:                             303—723—1000

           DBA Name:                                          Fax Number:

           Street:      100 Inverness Terrace East            E—Mail:



           City:        Englewood                             State:                                    CO

           Country:     USA                                   Zipcode:                                  80112      —
           Attention:   Linda Kinney —(202)293—0981




                                                                 rile # SES—STA2009 0108—00 $4¥lp

                                                                 Call Si?i?‘%&_ Grant Date _:Z/_%_E@j?
                                                                 farinthae Ilantifies
                                                                 (or other identificr)


                                Attachment


SES—STA—20090708—00846
E020233

Conditions:

EchoStar Corporation will coordinate its TT&C operations with all potentially affected
operating satellite networks.

No harmful interference will be caused to any lawfully operating satellite network or
radiocommunication system and EchoStar Corporation operations will cease immediately
upon notification of harmful interference. Further, EchoStar Corporation shall notify the
Commission immediately, in writing, of such an event.

EchoStar Corporation will accept interference from any lawfully operating satellite
network or radiocommunication system.




                                                               rie #SCSSTA200490 208— 068¥(
                                                               Call SienCO@ROR3A       Grant Date
                                                               (or other identifier)
                                                                                       Term Dates   [

                                                                     Qfle’l_[fij               1: 219(09


2. Contact


             Name:         Pantelis Michalopoulos               Phone Number:                         202—429—6494
             Company:       Steptoe & Johnson LLP               Fax Number:
             Street:        1330 Connecticut Ave, NW            E—Mail:                               pmichalopoulos@steptoe.com


             City:         Washington                           State:                                DC
             Country:      USA                                  Zipcode:                              20036       —
             Attention:                                         Relationship:                         Legal Counsel


(If your application is related to an application filed with the Commission, enter either the file numberor 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         £3 Noncommercial educational licensee
«4 Other(please explain):

4b. Fee Classification    CGX — Fixed Satellite Transmit/Receive Earth Station

5. Type Request


C   Use Prior to Grant                            €3   Change Station Location                        @   Other


6. Requested Use Prior Date


7. CityGilbert                                                             8. Latitude
                                                                           (dd mm ss.s h)   33   22    0.9    N


9. State   AZ                                                              10. Longitude
                                                                           (dd mm ss.s h)     111   48    529    W
11. Please supply any need attachments.
Attachment 1: Narrative                           Attachment 2:                                      Attachment 3:


12. 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 Corporation seeks to renew for 60 days its STA to operate its transmit/receive
    earth station to move the EchoStar 1 satellite from 148 W.L.                                    to 77.15 W.L. where it will
    operate as a Mexican—licensed satellite.                        Pleage see the attached narrative.




13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is           @ Yes          g4 No
subject 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.


14. Name of Person Signing                                                 15. Title of Person Signing
  Linda Kinney                                                               Vice President, Law and Regulation
           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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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.


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




                                                N/ NN NT NT N N NY N NA NN N/
In the Matter of:
                                                                                File No. SES—STA—20090130—001 11
ECHOSTAR CORPORATION                                                            File No. SES—STA—2009
                                                                                Call Sign E020233
Application to Renew Earth Station Special
Temporary Authority To Relocate                                                 File No. SES—STA—20090130—00112
the EchoStar 1 Satellite to 77.15° W.L.                                         File No. SES—STA—2009
                                                                                Call Sign E980118




        APPLICATION TO RENEW EARTH STATION SPECIAL TEMPORARY
                             AUTHORITY

       EchoStar Corporation ("EchoStar") hereby requests to renew for a period of 60 days its

earth station Special Temporary Authority for two earth stations (Call Signs E980118 and

EQ020233) to perform telemetry, tracking and command ("TT&C") operations in the C—band

frequencies for the relocation of the satellite. To the extent necessary, EchoStar also requests a

continuing waiver of the Commission‘s rules to use two C—band frequencies for TT&C

operations during the relocation of the satellite. The original STA expires on July 11, 2009.‘

        As the Commission is aware, QuetzSat is an affiliate of SES Latin America, S.A. ("SES—

LA") and SES S.A. (collectively, "SES"), with which EchoStar has entered into an agreement for




       ‘ See Stamp Grant, File Nos. SES—STA—20090130—00111, SES—STA—20090130—00112
(granted June 12, 2009). The original request sought an STA for 60 days; however, the STA as
granted was valid for 30 days.


the development of the Mexican BSS location at 77° W.L." Pursuant to that agreement, the

EchoStar 4 satellite has already been deployed to 77° W.L. with the Commission‘s approval."

EchoStar has also sought Commission approval to modify its blanket earth station to operate

with the EchoStar 8 satellite as a Mexican—licensed satellite from 77.0° W.L.*

       As described in the original STA application, the EchoStar 1 satellite is intended to

replace the EchoStar 4 satellite — which is nearing the end of its life — and will provide service to

the United States and Mexico in conjunction with the EchoStar 8 satellite." EchoStar 1 will

operate at 77.15° W.L. until the planned launch of the QuetzSat—1 satellite to that orbital location

in 2011. The satellite began its transfer from the 148° W.L. orbital location on June 29, 2009,

and is expected to arrive at 77.15° W.L. on or around August 21, 2009.

       As discussed in detail in the original STA application, grant of this Application will serve

the public interest because the redeployment of the EchoStar 1 satellite, along with the EchoStar

8 satellite, into service at 77.15° W.L., will augment the capacity that EchoStar and its affiliate,

DISH Network Corporation, will have available to serve the United States from that Mexican

77° W.L. slot and result in a greater variety and quality of programming services, including high

definition programming and local channels. Furthermore, the redeployment of EchoStar 1 will

       2 See 77° W.L. Agreement, filed in File No. SAT—STA—20080616—00121, Attachment 3
("EchoStar 8 Application").

        3 See EchoStar Satellite L.LC., DA 06—868, Order and Authorization, 21 FCC Red 4077
(2006) ("77° W.L. Order"), assigned and transferred to EchoStar Corporation, File Nos. SES—
ASG—20071108—01575, SES—T/C—20071108—01566 (consummated Jan. 1, 2008).

        * File No. SES—MFS—20080724—00977 (filed Jul. 24, 2008).

        ° Amendment #4 to Satellite Relocation and Use Agreement for the 77° W.L. Orbital
Location, filed in EchoStar Satellite Operating L.L.C., File No. SES—LFS—20090130—00106,
(filed Jan. 30, 2009) Attachment 4. Note that EchoStar 4 and EchoStar 1 may both operate at
77° W.L. for a short period prior to the end—of—life disposal of the EchoStar 4 satellite.


not cause harmful interference to any authorized user of the spectrum. Just as it was in the

public interest to grant the original STA request, so too is it in the public interest to allow

EchoStar to operate its earth stations to complete the redeployment of EchoStar 1 to 77.15° W.L.

EchoStar will continue to operate its earth stations pursuant to the conditions imposed on the

original STA.*

        For the foregoing reasons, EchoStar respectfully requests that the Commission grant the

requested Special Temporary Authority for the relocation of EchoStar 1 to 77.15° W.L.

                                                Respectfully submitted,



                                                          Is/
Pantelis Michalopoulos                           Linda Kinney
Petra A. Vorwig                                  Vice President, Law and Regulation
Steptoe & Johnson LLP                            Brad Gillen
1330 Connecticut Avenue, N.W.                    Director and Senior Counsel
Washington, D.C. 20036                           EchoStar Corporation
(202) 429—3000                                   1233 20th Street, N.W.
Counselfor EchoStar Corporation                  Suite 302
                                                 Washington, DC 20036—2396
                                                 (202) 293—0981

July 8, 2009




       ° Stamp Grant, File Nos. SES—STA—20090130—00111, SES—STA—20090130—00112
(granted June 12, 2009)



Document Created: 2019-04-26 06:32:15
Document Modified: 2019-04-26 06:32:15

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