Attachment 20100511162154.pdf

20100511162154.pdf

DECISION submitted by IB/FCC

Extension grant

2010-05-11

This document pretains to SES-STA-20100428-00487 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2010042800487_815758

E070273 SES—STA—20100428—00487 182010001333 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: Renewal of Special Temporary Authority to Operate E070273 with EchoStar 6 During Operation at 61.65 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 W@Mi Fle # SESSTh 206100 9428 —coc ko7 Call SignkO MA23 Grant Date 5"//£ /20 D (or other identifier) | From <7z/ze16— n?ééé/fi m/;@z%gzz%/

Attachment SES—STA—20100428—00487 E070273 Conditions: EchoStar Corporation is authorized to use the 17,305 MHz frequency for telecommand, and the 12,203 MHz and 12,204 MHz frequencies for telemetry, to effect the drift of the EchoStar 6 satellite from the 72.7°W.L. orbital location to the 61.65°W.L. orbital location. EchoStar will coordinate its TT&C operations with all potentlally affected operating satellite networks. No harmful interference will be caused to any lawfully operating satellite network or radiocommunication system and EchoStar Corporation will cease immediately upon notification of harmful interference. Further, EchoStar shall notify the Commission within three days in writing of such an event. EchoStar will accept interference from any lawfully operating satellite network or radiocommunication system. “‘;mik<6SSTh 2610042660459 Call SignE@ 20 27 3 Grant Date & /[‘?/O/O or other identifier) § | | Term Dates NTED L_L !L To: ’7‘!3(2010 W@Ww

2. Contact Name: Pantelis Michalopoulos Phone Number: (202)429—6494 Company: Steptoe & Johnson 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 SESSTA2010020300153 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 g*3 Noncommercial educational licensee C Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request gy Use Prior to Grant C Change Station Location @ Other 6. Requested Use Prior Date 7. CityQuicksburg ; 8. Latitude (dd mm ss.s h) 38 43 24.3 N

9. State VA 10. Longitude (dd mm ss.s h) 78 40 0.2 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 with the EchoStar 6 satellite during operation at 61.65 W.L. The earth station will provide TT&C and feeder link communication. 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 &quot;party to the application&quot; for these purposes. 14. Name of Person Signing 15. Title of Person Signing Linda Kinney Vice President, Law and Regulation WILLEUL 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.

Before the _ FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 File No. SES—STA—20100203—00155 CEA t CA t t h oh. ols ol uioh File No. SES—STA— ~ In the Matter of Call Sign E980081 ECHOSTAR CORPORATION File No. SES—STA—20100203—001 54 File No. SES—STA— — Application for Renewal of Special Call Sign E980082 Temporary Authority to Operate Three Transmit/Receive Earth Stations with File No. SES—STA—20100203—00153 EchoStar 6 at 61.65° W.L. File No. SES—STA— — Call Sign E070273 APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY By this Application, EchoStar Corporation ("EchoStar") requests renewal of its special temporary authority ("STA") for 60 days to operate three transmit/receive earth stations (Call Signs E980081, E980082 and E070273) to provide telemetry, tracking and control ("TT&C") and feeder link communications in the Broadcasting—Satellite Service ("BSS" or "DBS") band for the EchoStar 6 satellite at 61.65° W.L., where it is temporarily supplementing the operations of EchoStar 3 and EchoStar 12. Pursuant to the Commission‘s authorization," EchoStar moved the satellite from 72.7° W.L. to 61.65° W.L. on February 28, 2010, as a result of the recent loss of additional transponder capacity on EchoStar 3. The current STA is set to expire on May 3, 2010 and therefore, EchoStar is requesting this renewal." ‘ See Stamp Grant, File No. SAT—STA—20100203—00020 (granted Mar. 3, 2010) ("Satellite STA Application"). See Stamp Grant, File Nos. SES—STA—20100203—00155 (granteci Mar. 5, 2010); SES— STA—20100203—001 54 (granted Mar. 5, 2010); SES—STA—20100203—00153 (granted Mar. 5, 2010) ("Earth Station STAs").

Prior to EchoStar 6‘s move to the nominal 61.5° W.L. orbital location, EchoStar was operating two Direct Broadcast Satellite ("DBS") service satellites at the nominal 61.5° W.L. orbital location — EchoStar 3 and EchoStar 12 (formerly Rainbow 1). As the Commission is aware, EchoStar 3 experienced several transponder failures due to Traveling Wave Tube Amplifier ("TWTA") anomalies, and was operating at reduced capacity." On January 7, 2010, EchoStar 3 experienced another TWTA anomaly further diminishing its operating capacity. As a result of this failure, EchoStar was not able to maintain its level of service provided from 61.5° W.L. without at least the relocation of one additional satellite to the orbital location. EchoStar, therefore, requested and received special temporary authority to relocate EchoStar 6 to 61.65° W.L. as an in—orbit spare, where the satellite will supplement, as needed, the service provided by EchoStar 3 and EchoStar 12 to maintain regular programming.* EchoStar also requested and received authority to operate temporarily the above referenced transmit/receive earth stations to provide TT&C and feeder link service for the satellite once it arrived at 61.65° W.L. EchoStar hereby applies to extend this STA for an additional 60 days. The concurrent operation of these satellites ensures that EchoStar‘s customer, DISH Network Corporation, will be able to continue providing DBS service to consumers without any service interruptions until EchoStar‘s EchoStar 15 satellite begins operating at 61.5° W.L." EchoStar 15, a 32—transponder—capable DBS satellite, is expected to effectively replace EchoStar * See EchoStar 3 Status Report, File No. SAT—STA—20090821—00092 (filed Dec. 30, 2009) ("EchoStar 3 Status Report"); EchoStar Satellite Operating Corporation, Application for Extension and Modification ofSpecial Temporary Authority to Operate Direct Broadcast Satellite Service over Channels 23 and 24 at the 61.5° W.L. Orbital Location, Order and Authorization, 22 FCC Red. 2223, at [« 4—6 (2007). * See Stamp Grant, File No. SAT—STA—20100203—00020 (granted Mar. 3, 2010). ° See File No. SAT—LOA—20100310—00043 (filed Mar. 10, 2010) ("EchoStar 15 Application").

3 and will be ready for launch by the third quarter of 2010.° Upon launch and successful testing of EchoStar 15, EchoStar currently expects to return EchoStar 6 to its current home —72.7° W.L. EchoStar has been advised by its partner, Telesat Canada, which has the license for that Canadian orbital location, that the move from, and return to, 72.7° W.L. is not likely to cause regulatory concern on the part of Industry Canada. In any event, any redeployment of EchoStar 6 will take place after securing all necessary authority, and EchoStar will advise the Commission of any change in its plans. I. THIS APPLICATION IS IN THE PUBLIC INTEREST AND WILL NOT CAUSE HARMFUL INTERFERENCE This application is in the public interest for the reasons set forth in the Satellite STA Application, which are incorporated herein by reference. Furthermore, grant of this application will ensure the safe operation of EchoStar 6 at the 61.65° W.L. orbital location. Grant of this application also will not cause harmful interference because EchoStar will operate the earth stations to conduct TT&C and feederlink capability for the temporary operation of the EchoStar 6 satellite at 61.65° W.L. in accordance with the grant conditions.‘ II. WAIVER PURSUANT TO SECTION 304 OF THE ACT 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. © See EchoStar 15 Application. " See Earth Station STAs.

III. CONCLUSION For the foregoing reasons, EchoStar respectfully requests renewal ofits special temporary authority for 60 days to operate three transmit/receive earth stations (Call Signs E980081, E980082 and E070273) to provide TT&C and feederlink capability for the EchoStar 6 satellite during its temporary operations at 61.65° W.L. Respectfully submitted, Is/ Pantelis Michalopoulos Linda Kinney Petra A. Vorwig Vice President, Law and Regulation Laura Lisa Sandoval EchoStar Corporation Steptoe & Johnson LLP 1233 20th Street, N.W. 1330 Connecticut Avenue, N.W. Suite 302 Washington, D.C. 20036 Washington, D.C. 20036—2396 (202) 429—3000 (202) 293—0981 Counselfor EchoStar Corporation April 28, 2010


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