Attachment 20100727165634.pdf

20100727165634.pdf

DECISION submitted by IB/FCC

Grant

2010-07-27

This document pretains to SES-STA-20100702-00878 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2010070200878_831708

                                        E070014         SES—STA—20100702—00878        182010002138
                                        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:
STA to add EchoStar 15 as a point of communication for E070014
    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:   Alison Minea —(202)293—1216




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                                 Attachment




SES—STA—20100702—00878
E070014

Condition:

All operations shall be on an unprotected and non—harmful interference basis, i.e.,
EchoStar Corporation shall not cause harmful interference to, and shall not claim
protection from, interference caused to it by any other lawfully operating station and it
shall cease transmission(s) immediately upon notice of such interference.




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                                                             me#SGSTR20100 403—00818
                                                             Calt SignE1O Ol{_ Grant Date Z{ &’Z/ R01(
                                                             (or other identifier)

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2. Contact


             Name:          Pantelis Michalopoulos               Phone Number:                          202—429—3059
             Company:       Steptoe & Johnson LLP                Fax Number:

             Street:        1330 Connecticut Avenue, LLP         E—Mail:                                PMichalopoulos@steptos.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 SESMFS$2010062200744 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).
£4 Governmental Entity       @4 Noncommercial educational licensee
C Other(please explain):

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

5. Type Request


    Use Prior to Grant                             { Change Station Location _                         g¢4 Other


6. Requested Use Prior Date
      08/03/2010
7. CityGilbert                                                              8. Latitude
                                                                            (dd mm ss.sh)    32   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: STA 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.)
     STA to add EchoStar 15 as a point of communication for E070014 prior to grant of permanent
    modification application.




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 ordistribution 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
   Alison Minea                                                               Corporate Counsel
           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
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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 sponsorthis collection, unless it displays a currently valid OMB control numberor if we fail to provide you with this notice. This
collection has been assigned an OMB control numberof 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




                                               y y\ n N2 s N 82 NN NNN
In the Matter of                                                         File No. SES—STA—    —
                                                                         Call Sign E980005
ECHOSTAR CORPORATION
                                                                         File No. SES—STA—    —
Application for Special Temporary Authority                              Call Sign E070014
to Add EchoStar 15 as a Point of
Communication Prior to Grant of Permanent                                File No. SES—STA—    _
Modification Applications                                                Call Sign EQO80120

                                                                         File No. SES—STA—    —
                                                                         Call Sign EO60003

              APPLICATION FOR SPECIAL TEMPORARY AUTHORITY

       EchoStar Corporation ("EchoStar") respectfully requests 60—day Special Temporary

Authority ("STA"), commencing on or before August 3, 2010, to add EchoStar 15 as a Point of |

Communication for four of its transmit/receive earth stations (Call Signs E980005, E070014,

E080120, and EO60003) prior to the grant of its permanent modification applications to add

EchoStar 15 as a point of communication.‘ Consistent with the modification application for

earth station E980005, EchoStar requests authority to change one emission designator and add

another for that earth station." EchoStar has filed an application to launch EchoStar 15 and


        ‘ EchoStar has filed applications to add EchoStar 15 as a point of communication for the
four satellites. See File No. SES—MFS—20100622—00742 (Call Sign EQO60003) (filed June 22,
2010); File No. SES—MFS—20100622—00743 (Call Sign EQO80120) (filed June 22, 2010); File No.
SES—MFS—20100622—00744 (Call Sign EO70014) (filed June 22, 2010); File No. SES—MFS—
20100622—00745 (Call Sign E980005) (filed June 22, 2010). These applications are hereby
incorporated by reference.
        * File No. SES—MFS—20100622—00745 (Call Sign E980005) (filed June 22, 2010). The
emission designator 24MOMI1F would be changed to 24M0GIW. The emission designator
1MOO0G2D for telecommand over the 17790.0 — 17800.0 MHz frequency band, would be added
with a maximum EIRP/carrier of 35.8 dBW and maximum EIRP Density of 49.6 dBW/4kHz.
This is within the parameters of the existing frequency coordination.


operate it at the 61.5° W.L. nominal orbital location (specifically 61.55° W.L.).° Testing for

EchoStar 15 is scheduled be completed by August 3, 2010, and EchoStar expects to begin

operations on that date. Consequently, EchoStar requests action on this request by that date.

1.     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.

       On March 10; 2010, EchoStar filed an application for a minor modification of its DBS

authorization, and authority to launch and operate its EchoStar 15 satellite at 61.55° W.L." As

explained in the EchoStar 15 Application,° EchoStar 15 will ultimately replace EchoStar 3 and

supplement EchoStar 12, which both currently operate at the nominal 61.5° W.L. orbital location.

For the same reasons described in that application and incorporated herein by reference, so too

will the requested STA to operate its transmit/receive earth stations with EchoStar 15 serve the

public interest. The requested earth station STA will ensure EchoStaris able to begin operating

EchoStar 15 in a seamless manner, avoiding any possible disruption to consumers as

programming is transferred to the EchoStar 15 satellite.

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


        * File No. SAT—LOA—20100310—00043, Call Sign $2811 (filed March 10, 2010; granted
July 1, 2010) ("EchoStar 15 Application").
       * See, e. g., Newcomb Communications, Inc., Order and Authorization, 8 FCC Red. 3631,
3633 (1993); Columbia Communications Corp., Order, 11 FCC Red. 8639, 8640 (1996);
American Telephone & Telegraph Co., Order, 8 FCC Red. 8742 (1993).
       * See EchoStar 15 Application.
       6 See EchoStar 15 Application at 1—2.


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 before August 3, 2010, to EchoStar 15 as a point of communication

for four of its transmit/receive earth stations (Call Signs E980005, EO70014, EO80120, and

EO60003) prior to grant of its permanent modification applications for those earth stations.

While EchoStar is operating the earth stations under STA, 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                               Alison Minea
Christopher R. Bjornson                              Corporate Counsel
Andrew W. Guhr                                       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—1216
(202) 429—3000
Counselfor EchoStar Corporation


July 2, 2010



Document Created: 2019-04-27 09:48:13
Document Modified: 2019-04-27 09:48:13

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