Attachment 20100311131221.pdf

20100311131221.pdf

DECISION submitted by FCC

Grant

2010-03-11

This document pretains to SES-STA-20100219-00219 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2010021900219_805430

E070014 SES—STA—20100219—00219 182010000655 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: Special Temporary Authority to Operate E070014 to Test EchoStar 14 While at 138.5 W.L. and to Perform TT&C Operations While Relocating to 118.9 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 2 1R see—Ssra 20100 a4—c0a E1064 ca=n« 4/ 1[ 2610 9 0 &&(‘S {@_&x Z, ?/fldflg. 4.

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.E.R.Section 1.1114). C3 Governmental Entity {3 Noncommercial educational licensee (ol Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request «y Use Prior to Grant (ed Change Station Location @ Other 6. Requested Use Prior Date 7. CityGilbert 8. Latitude (dd mmss.sh) 33 22 0.8 N

9. State AZ 10. Longitude (dd mm ss.s h) 111 48 54.7 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 Special Temporary Authority to operate its transmit/receive earth station to test the EchoStar 14 satellite at 138.5 W.L., and to perform TT&C operations while relocating the satellite to 118.9 W.L. See attached narrative. 13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is Yes «y 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).

ECC 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.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 N/ N/ N/ NNN NN NNNA N In the Matter of File No. SAT—STA—20100219— ECHOSTAR CORPORATION Call Sign E980005 Application for Special Temporary Authority File No. SAT—STA—20100219— to Operate Its Transmit/Receive Earth Call Sign EO70014 Stations to Test the EchoStar 14 Satellite at 138.5° W.L. and to Move the Satellite to 118.9° W.L. Once Testing Is Complete APPLICATION FOR SPECIAL TEMPORARY AUTHORITY EchoStar Corporation ("EchoStar") respectfully requests 60—day Special Temporary Authority ("STA"), commencing on or about March 20, 2010, to permit EchoStar to operate its two transmit/receive earth stations (Call Signs E980005 and EO70014) (1) to test its new EchoStar 14 satellite at the 138.5° W.L. orbital location in the 12.2—12.7 and 17.3—17.8 GHz bands, and (2) to perform telemetry, tracking and control ("TT&C") operations while the satellite is relocated from 138.5° W.L. to 118.9° W.L. once testing is complete.‘ EchoStar‘s sister company, DISH Operating L.L.C. ("DISH"), has filed a minor modification to its authorization to provide DBS service at 119° W.L. to allow it to launch and operate the EchoStar 14 satellite." ‘ Simultaneous with this application, EchoStar‘s sister company, DISH Operating LL.C., is requesting (1) STA to launch and test EchoStar 14 at 138.5° W.L. and to move the satellite to 118.9° W.L. once testing is complete; (2) STA to operate EchoStar 14 at 118.9° W.L.; and (3) STA to relocate EchoStar 7 to 118.9° W.L. * See File No. SAT—LOA—20090518—00053, Call Sign $2790 (filed May 18, 2009); amended by File Nos. SAT—AMD—20090604—00064 (filed June 4, 2009); SAT—AMD—20100212— 00027 (filed Feb. 12, 2010) ("EchoStar 14 Application").

As discussed below, testing EchoStar 14 at 138.5° W.L. will avoid disruption to eiisting customers at 118.9° W.L. and will not adversely affect the operations of any other spacecraft or other authorized spectrum users. EchoStar 14 is scheduled to launch on March 20, 2010, and EchoStar requests action on this request by that date. R GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST The Commission has a long—standing policy of granting Special Temporary Authority where such authorization will not cause harmful interference and will serve the public interest, convenience, and necessity." The requested operations meet both of these tests. First, testing EchoStar 14 at 138.5° W.L. will not cause harmful interference to any other spacecraft or authorized user of the spectrum. Although Canada has Broadcasting—Satellite Service ("BSS") assignments in the ITU Region 2 Appendix 30/30A Plan at 137.8° W.L. and 138.2° W.L., there are no operational Canadian satellites at these orbital locations, nor are any satellites planned to be launched there during the time frame of EchoStar 14‘s in—orbit testing at 138.5° W.L. Indeed, the closest operating BSS satellite to the 138.5° W.L. orbital location is Ciel 2 operating at 129.0° W.L.* DISH currently leases capacity on Ciel 2 to provide DBS service to the United States and is confident it will be able to coordinate any potential interference, to the extent there is any, created by EchoStar 14‘s temporary operations at 138.5° W.L. DISH is not aware of any other BSS satellites planned to be brought into operation near 138.5° W.L. during the fime frame of EchoStar 14‘s in—orbit testing. * See, e.g., In the Matter ofNewcomb Communications, Inc., Order and Authorization, 8 FCC Red. 3631, 3633 (1993); In the Matter of Columbia Communications Corp., Order, 11 FCC Red. 8639, 8640 (1996); In the Matter ofAmerican Telephone & Telegraph Co., Order, 8 FCC Red. 8742 (1993). * Furthermore, DISH has received notice from Industry Canada that it concurs with DISH‘s plan to test EchoStar 14 at 138.5° W.L.

Second, testing EchoStar 14 at 138.5° W.L. serves the public interest, as it will allow DISH to ensure that the satellite is fully operational when it arrives at 118.9° W.L., thereby avoiding any interruption in service that otherwise might be associated with spacecraft testing. In similar circumstances, the Commission has previously allowed testing of new DBS satellites at the same orbital location." Once testing is complete, all transponders (other than the TT&C transponders) on the sétellite will be turned off and the satellite will be moved to 118.9° W.L. where it will begin DBS operations.© Just as it is in the public interest to operate EchoStar 14 at 118.9° W.L.," it is also in the public interest for the satellite to be moved to that location from its in—orbit testing location. IL. SECTION 304 WAIVER In accordance with Section 304 of the Communications Act of 1934, 47 U.S.C. § 304, EchoStar hereby waives any claim to the use of any particular frequency or of the electromagnetic spectrum because of the previous use of the same, whether by license or otherwise. III. CONCLUSION For the foregoing reasons, EchoStar respectfully requests the expeditious grant of a 60— day STA, commencing on or about March 20, 2010, to use its transmit/receive earth station to ° See Stamp Grant, File No. SAT—STA—20060104—00002 (granted Feb. 3, 2006) (granting STA to launch and test EchoStar 10 at 138.5° W.L.); see also Stamp Grant, File No. SAT—STA— 20050624—00136 (granted Aug. 19, 2005) (granting STA to drift DIRECTV 8 to 138° W.L. to conduct in—orbit testing). ° DISH is separately requesting authority to move EchoStar 7 from 118.9° W.L. to 118.8° W.L. to better accommodate EchoStar 14 at 118.9° W.L. See SAT—STA—20100219— . ‘ See EchoStar 14 Application, supra. The discussion contained in the Application is incorporated by reference.

test EchoStar 14 at 138.5° W.L. and to move the satellite to 118.9° W.L. once testing is complete. During in—orbit testing, EchoStar will operate its earth stations subject to the following conditions: 1. EchoStar will not cause harmful interference to, and will not claim protection from interference caused by, any other lawfully operating satellites or radiocommunications systems. 2. Upon notification of any harmful interference, EchoStar will cease its test operations immediately. In addition, EchoStar will inform the Commission in writing that it has received such a notification. In addition, during the relocation of EchoStar 14 from 138.5° W.L. to 118.9° W.L., all transponders other than the TT&C transponders will be switched off, and EchoStar will operate its earth stations subject to the following conditions: 1. No harmful interference will be caused to any lawfully operating satellite network or radio communication system, and EchoStar‘s operations will cease immediately upon notification of harmful interference. Furthermore, EchoStar shall notify the Commission immediately, in writing, of such an event. 2. EchoStar will accept interference from any lawfully operating satellite network or radio communication system. Respectfully submitted, EchoStar Corporation Is/ Pantelis Michalopoulos Linda Kinney Petra A. Vorwig Vice President, Law and Regulation L. Lisa Sandoval EchoStar Corporation Steptoe & Johnson LLP 1110 Vermont Avenue NW, Suite 750 1330 Connecticut Avenue N.W. Washington, DC 20005

Washington, D.C. 20036 (202) 293—0981 (202) 429—3000 Counselfor EchoStar Corporation February 19, 2010


Document Created: 2019-04-25 07:27:52
Document Modified: 2019-04-25 07:27:52
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