Attachment 20100714165201.pdf

20100714165201.pdf

DECISION submitted by IB/FCC

Extension grant

2010-07-14

This document pretains to SES-STA-20100609-00682 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2010060900682_829522

                                    E070273     SES—STA—20100609—00638 2        1B
                                    EchoStar Corporation
                                                                                     o neey



                                                                                                                              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




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                                        Attachment

SES—STA—20100609—00682
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 potentially 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.




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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 SESSTA2010042800487 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).
) Governmental Entity        C Noncommercial educational licensee
{ Other(please explain):

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

5. Type Request

3 Use Prior to Grant                              C Change Station Location                          @ Other



6. Requested Use Prior Date


7. CityQuicksburg                                                         8. Latitude
                                                                          (dd mm ss.sb)    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 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 "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@fee.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




                                                No No Nee Nt Nt Ne Nee Nee Nee Ne Nn Nt Nes Nes Ns
                                                                                                     File No. SES—STA—20100428—00489
                                                                                                     File No. SES—STA—         —
                                                                                                     Call Sign E980081
In the Matter of
                                                                                                     File No. SES—STA—20100203—001 54
ECHOSTAR CORPORATION                                                                                 File No. SES—STA—20100428—00488
                                                                                                     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—20100428—00487
                                                                                                     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 EO70273) 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 loss of




        ‘ See Stamp Grant, File No. SAT—STA—20100203—00020 (granted Mar. 3, 2010)
("Satellite STA Application"), renewed by Stamp Grant, File No. SAT—STA—20100512—00100
(granted May 25, 2010).                                              '


additional transponder capacity on EchoStar 3. The current STA is set to expire on July 3, 2010

and therefore, EchoStar is requesting this renewal."

       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°




       * See Stamp Grant, File Nos. SES—STA—20100428—00489 (granted May 11, 2010); SES—
STA—2010428—00488 (granted May 11, 2010); SES—STA—20100428—00487 (granted May 11,
2010).
       * See EchoStar 3 Status Report, File No. SAT—STA—20090821—00092 (filed Dec. 30,
2009) ("EchoStar 3 Status Report"); EchoStar Satellite Operating Corporation, Applicationfor
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), renewed
by Stamp Grant, File No. SAT—STA—20100512—00100 (granted May 25, 2010).


W.L. The Commission renewed STA to operate those earth stations on May 11, 2010," and

EchoStar hereby applies to extend that 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

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.

1.     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


       ° See Stamp Grant, File Nos. SES—STA—20100203—00155 (granted Mar. 5, 2010); SES—
STA—20100203—001 54 (granted Mar. 5, 2010); SES—STA—20100203—00153 (granted Mar. 5,
2010) ("‘Earth Station STAs"), renewed by Stamp Grant, File Nos. SES—STA—20100428—00489
(granted May 11, 2010); SES—STA—2010428—00488 (granted May 11, 2010); SES—STA—
20100428—00487 (granted May 11, 2010).

       © See File No. SAT—LOA—20100310—00043 (filed Mar. 10, 2010) ("EchoStar 15
Application").

        ‘ See EchoStar 15 Application.


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. 8

IL.    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.

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, NW.                    Suite 302
Washington, D.C. 20036                          Washington, D.C. 20036—2396
(202) 429—3000                                  (202) 293—0981
Counselfor EchoStar Corporation


June 9, 2010



        8 See Earth Station STAs.



Document Created: 2019-04-21 19:59:16
Document Modified: 2019-04-21 19:59:16

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