Attachment Grant

Grant

DECISION submitted by FCC

Grant

2009-10-15

This document pretains to SES-STA-20091006-01292 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2009100601292_749407

SES—STA—20091006—01292 1B200900512( E080007 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 E080007 with Nimiq 5 at 72.7 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 fic#SES—StR20q0/IC0G—61 @2 1iX ‘SfirtchDsz G'zmtDatc[C’tlb 2 ‘ {or other identif § cpoluelon. * DT:SiI410Y_ QJ{I Lf /

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 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). «3 Governmental Entity g3 Noncommercial educational licensee 3 Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request £4 Use Prior to Grant «4 Change Station Location & Other 6. Requested Use Prior Date 7. CityGilbert ' 8. Latitude . (dd mm ss.s h) 33 22 0.3 N

9. State AZ 10. Longitude (dd mmss.s h) 111 48 53.9 W 11. Please supply any need attachments. Attachment 1: Narrative Attachment 2: Attachment 3: 12. Description. (If the complete description does not appearin this box, please go to the end of the form to view it in its entirety.) EchoStar Corporation requests to renew its special temporary authority to operate its transmit/receive earth station to provide feeder link service to the Canadian—licensed Nimiqg 5 satellite operating at 72.7 W.L. for an additional 60 days. See attached narrative. 13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is Yes {4 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).

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@fcc.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 orif 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 PAPERWOREK 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 N N Ne Ne Nt Ne N Nt Ne Ne In the Matter of: File No. SES—STA—20090811—00985 ECHOSTAR CORPORATION File No. SES—STA Call Sign E070014 Application to Renew Special Temporary Authority to Operate Call Signs E070014 File No. SES—STA—200990811—00986 and EO80007 with the Canadian—Licensed File No. SES—STA Nimig 5 Satellite at 72.7° W.L. Call Sign E080007 APPLICATION FOR SPECIAL TEMPORARY AUTHRORITY By this Application,‘ EchoStar Corporation ("EchoStar") seeks to renew for an additional 60 days its special temporary authority ("STA") to operate two transmit/receive earth stations (Call Signs E070014 and EO80007) to provide Direct Broadcast Satellite ("DBS") feeder link operations to Nimiq 5 at 72.7° W.L. This STA is set to expire on October 15, 2008 On March 6, 200§, EchoStar submitted an application to modify its blanket earth station license operating with EchoStar 6 at 72.7° W.L. to add the soon—to—be—launched Nimiq 5 satellite." That satellite was launched on September 18, 2009. This STA renewal application is necessary to allow EchoStar, and its customer, DISH Network Corporation (“DISH Network"), ‘ Concurrent with this application, EchoStar is filing an application to renew its special temporary authority to provide service from the Nimiq 5 satellite at 72.7° W.L. File No. SES— STA—2009 — (filed Oct. 6, 2009). See Stamp Grants, File Nos. SES—STA—20090811—00985, SES—STA—200990811—00986 (granted Aug. 17, 2009). * See File No. SES—MFS—20090306—00253 (filed Mar. 6, 2009) ("Nimiq 5 Application"). EchoStar filed a minor amendment to provide a revised Schedule S on August 7, 2009. See File No. SES—AMD—20090807—00977 (filed Aug. 7, 2009). Nee also File Nos. SES—MFS—20090306— 00255, SES—MFS—20090306—00254 (filed Mar. 6, 2009).

to provide DBS service to U.S. consumers from Nimiq 5 while EchoStar‘s modification application is pending. As EchoStar described in its Nimig 5 Application, the 72.7° W.L. orbital location has been allotted to Canada under the International Telecommunication Union‘s Region 2 Plan for the Broadcasting—Satellite Service ("BSS"). Canada has authorized Telesat Canada to use the entire 12.2—12.7 GHz DBS band at the 72.7° W.L. location. Telesat has contracted to provide the use of all of the satellite‘s capacity to Bell ExpressVu Limited Partnership, a limited partnership organized under the laws of the Province of Ontario in Canada, acting through its General Partner, Bell ExpressVu Inc., a Canadian company ("Bell ExpressVu"). Pursuant to the Nimiq 5 Transponder Service Agréement between EchoStar (and certain of its affiliates) and Bell ExpressVu (the "Nimiq 5 Agreement"), EchoStar obtained the right to use up to 16 of the satellite‘s DBS transponders to provide service into the U.S." EchoStar recently signed a separate agreement with Bell ExpressVu granting EchoStar the right to obtain the additional 16 channels beginning January 1, 2010. As noted in the Nimig 5 Application, EchoStar has requested authority to operate on up to 32 channels at 72.7° W.L. subject to its contractual authority." As with the previously granted STA request, the grant of this application is in the public interest because it will provide EchoStar‘s customer, DISH Network, immediate access to Nimiq 5, which provides better coverage and higher power than EchoStar 6, allowing DISH Network to offer more local—into—local, high definition, and other programming from the 72.7° W.L. orbital * See Nimiq 5 Transponder Service Agreement between Bell ExpressVu Limited Partnership and EchoStar Corporation, dated March 11, 2008, filed in Nimiq 5 Application Attachment B. ° Nimiq 5 Application, Narrative, at 3.

location. EchoStar and DISH Network face an almost exponentially increased need for bandwidth to accommodate the transmission of high—definition programming, including the retransmission of local—into—local stations. Specifically, the digital television transition and the increased demand for high—definition programming have exacerbated dramatically the bandwidth shortage with which DBS providers have perennially struggled. Moreover, by its Order released on March 27, 2008, the Commission has imposed high definition digital carriage obligations on satellite carriers.© While EchoStar and DISH Network benefit from the 16 channels currently available from EchoStar 6,‘ they will have immediate access to 16, and future access to 32, higher power channels with better antenna coverage over Nimiq 5 through EchoStar‘s agreement with Bell ExpressVu, which will allow EchoStar and DISH Network to better compete with bandwidth— rich terrestrial multichannel video programming distributors ("MVPDs"). The public interest will benefit from the redeployment of the Nimiq 5 satellite to 72.7° W.L. because EchoStar‘s customer, DISH Network, will have access to higher power channels and improved channel coverage from that orbital location, which translates into a more competitive MVPD service. By the same token, authorizing EchoStar‘s earth stations (Call Sign ° Carriage ofDigital Television Broadcast Signals: Amendment ofPart 76 ofthe Commission‘s Rules; Implementation ofthe Satellite Home Viewer Improvement Act of 1999: Local Broadcast Signal Carriage Issues and Retransmission Consent Issues, CS Docket No. 00— 96, Second Report and Order, Memorandum Opinion and Order, and Second Further Notice of Proposed Rulemaking, FCC 08—86 (rel. Mar. 27, 2008). ‘ Under the original Memorandum of Agreement among Telesat, EchoStar and Bell ExpressVu, effective March 11, 2008, and submitted in File No. SES—LFS—20080512—00595, EchoStar 6 was to operate on 11 DBS channels from 72.7° W.L. As a result of subsequent amendments to that agreement, the parties agreed to operate EchoStar 6 over 16 DBS channels at that location.

E070014 and EO80007) to communicate with the Nimiq 5 satellite at 72.7° W.L. for DBS feeder link operations is also in the public interest. For all of these reasons, EchoStar respectfully requests the expeditious grant of this application to renew its special temporary authority. In accordance with Section 304 of the Communications Act of 1934, as amended, 47 U.S.C. § 304, EchoStar hereby waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise. Respectfully submitted, EchoStar Corporation Is/ Pantelis Michalopoulos Linda Kinney Petra 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 20°" Street, NW Suite 302 Counselfor EchoStar Corporation Washington, DC 20036—2396 (202) 293—0981 October 6, 2009


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