Attachment SESSTA2011080400922.

SESSTA2011080400922.

DECISION submitted by ECHOSTAR BROADCASTING CORPORATION

STA GRANT WITH CONDITIONS

2011-08-11

This document pretains to SES-STA-20110804-00922 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2011080400922_912725

                                          E050017       SES—STA—20110804—00922   182011003845
                                          EchoStar Broadcasting 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 Call Sign E050017 to Provide TT&C and Feeder Link Communications for
EchoStar 6 at 76.95 W.L.
 1. Applicant

           Name:           EchoStar Broadcasting                Phone Number:                   202—293—098 1
                           Corporation
           DBA Name:                                            Fax Number:

           Street:         100 Inverness Terrace East          E—Mail:



           City:           Englewood                            State:                           CO
           Country:        USA                                 Zipcode:                         80112        —
           Attention:   Ms. Alison Minea




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Conditions of Grant of SES—STA—20110804—00922, E050017

The request of EchoStar Broadcasting Corporation (EchoStar) for extension of special
temporary authority described in IBFS File No. SES—STA—201100804—00922, is granted.
Accordingly, EchoStar is authorized a 30 day extension, from August 12, 2011 to
September 11, 2011, to SES—STA—20110630—00781, to conduct telemetry, tracking, and
telecommand operations and feederlink communications with EchoStar 6 space station
(Call Sign $2232) at 76.95° W.L. orbital location authorized under SAT—STA—20110401—
00067. This authorization shall be in accordance with the technical specifications set
forth in EchoStar‘s application SES—MFS—20110314—00291, SAT—STA—20110401—00067,
the extension of SAT—STA—20110401—00067 if granted, the Commission‘s rules, and is
subject to the following conditions:

      1)     All operations shall be on an unprotected and non—harmful interference
             basis, i.e. EchoStar shall not cause harmful interference to, and shall not
             claim protection from interference caused to it by, any other lawfully
             operating radiocommunication station.

     2)      In the event that any harmful interference is caused as a result of operations
             of the EchoStar 6 satellite, EchoStar shall cease operations immediately
             upon notification of such an event, and shall inform the Commission
             immediately, in writing, of the event.

     3)      Any action taken or expense incurred as a result of operations pursuant to
             this special temporary authority is solely at EchoStar‘s own risk.

     4)      This action is issued pursuant to Section 0.261 of the Commission‘s rules on
             delegated authority, 47 C.F.R. § 0.261, and is effective immediately.

     5)      If extension of SAT—STA—20110401—00067 is not granted this authorization
             ends upon the date that SAT—STA—20110401—00067 expires.




                                                          sga—§p—30110CRA—SAK)
                                                            §85900 ... &—11—\|


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:


(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 SESSTA2011063000781 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       3 Noncommercial educational licensee
C Other(please explain):

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

5. Type Request

«7y Use Prior to Grant                            {} Change Station Location                          @ Other


6. Requested Use Prior Date


7. CityGilbert                                                             8. Latitude
                                                                           (dd mm ss.s h)   33   21    55.9   N


9. State   AZ                                                               10. Longitude
                                                                            (dd mm ss.s h)    111    48   50.0   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 Broadcasting Corporation requests renewal of its Special Temporary Authority to
    operate its transmit/receive earth station to provide TT&C and feeder link communications
     for the EchoStar 6 satellite at 76.95 W.L.                           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
   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).


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Remember — You are not required to respond to a collection of information sponsored by the Federal government, and the government may not
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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—20110525—00622




                                                 N N No Nt Nt Nt Nt Nee Naut Nt Nt Nt Nt Nt Nt N Nt
                                                                                                      File No. SES—STA—20110630—00781
                                                                                                      File No. SES—STA—         —
In the Matter of                                                                                      Call Sign E050017

ECHOSTAR BROADCASTING CORPORATION                                                                     File No. SES—STA—20110525—00623
                                                                                                      File No. SES—STA—20110630—00782
Application for Renewal of Special                                                                    File No. SES—STA—         —
Temporary Authority to Operate Three                                                                  Call Sign EO70273
Transmit/Receive Earth Stations with
EchoStar 6 at 76.95° W.L.                                                                             File No. SES—STA—20110525—00624
                                                                                                      File No. SES—STA—20110630—00780
                                                                                                      File No. SES—STA—        —
                                                                                                      Call Sign E980081




      APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY

       By this Application, and pursuant to Section 25.120(a)(3), EchoStar Broadcasting

Corporation ("EBC") requests renewal of its special temporary authority ("STA") to operate

three earth stations with the EchoStar 6 satellite at 76.95° W.L. as follows: (1) to operate two

transmit/receive earth stations (Call Signs E070273 and E980081) to provide only telemetry,

tracking, and control ("TT&C"); and (2) to operate one transmit/receive earth station (Call Sign

E050017) to provide both TT&C and feeder link communications. ‘_The current STAs for each

;)f the earth stations expire on August 7, 201 1," August 11, 201 1,3 and August 11, 201 1,*

respectively.


        ! See 47 C.F.R. § 25.120(b)(3).
       * See Stamp Grant, File No. File No. SES—STA—20110630—00782, Call Sign E070273
(granted July 7, 2011).


       EchoStar 6 arrived at the 76.95° W.L. orbital location on February 13, 2011, and began

providing service on February 14, 2011. The relocation was prompted by a single event upset

("SEU") that temporarily affected the EchoStar 8 satellite.© On March 14, 2011, EchoStar filed

an application to transfer EchoStar 6 to QuetzSat, S. de R.L. de C.V. ("QuetzSat"), which will

operate the satellite under Mexican authority from the 76.95° W.L. orbital location.‘ EchoStar

also filed an application ("Blanket Earth Station Application") to modify its blanket earth station

authorization to provide service from the Mexican—licensed EchoStar 6 satellite." This renewal

STA request is necessary to allow the continued operation of EchoStar 6 while these applications

remain pending."


       * See Stamp Grant, File No. File No. SES—STA—20110630—00780, Call Sign E980081
(granted July 7, 2011).

       * See Stamp Grant, File No. File No. SES—STA—201 10630—00781, Call Sign E050017
(granted July 7, 2011).

      ° See Stamp Grant, File Nos. SAT—STA—20110207—00026 (granted Feb. 11, 2011); SAT—
STA—20110225—00036 (granted Mar. 1, 2011); SAT—STA—20110401—00067 (granted Apr. 7,
2011); SAT—STA—20110608—00104 (granted June 14, 2011). EchoStar Satellite Operating
Corporation will also file an application to renew its current special temporary authority to
operate EchoStar 6 at 76.95° W.L.

       6 See Letter from Petra A. Vorwig, Counsel for EchoStar Corporation, to Marlene H.
Dortch, Secretary, FCC, filed in File No. SAT—T/C—20090217—00026 (Feb. 1, 2011).

        ‘ See File No. SAT—T/C—20110314—00054 (filed Mar. 14, 2011). That application was
filed subject to the then—pending pro forma assignment of the satellite to EchoStar Satellite
Operating Corporation. See Radio Station Authorization, File No. SAT—ASG—20110224—00033
(granted Apr. 21, 2011).

        8 See File No. SES—MFS—20110314—00288 (filed Mar. 14, 2011) ("Blanket Earth Station
Application"). See also File Nos. SES—MFS—20110314—00291, SES—MFS—20110314—00290,
SES—MEFS—20110314—00289 (modifying the above referenced earth station licenses). These
applications were filed subject to the proposed pro forma assignment.

        ° The Mexican concessionaire for the 77° W.L. orbital location informed COFETEL of
EchoStar 6‘s relocation, and COFETEL "expressed no objection to placement of the Echo 6
satellite in the 77 W cluster." See Letter from Ricardo Rios Ferrer, Legal Representative,

                                                _3 _


1.     BACKGROUND

       The nominal 77° W.L. orbital location is allotted to Mexico under the Region 2

Broadcasting—Satellite Service plan set forth in Appendices 30 and 30A to the International

Radio Regulations. In addition to the EchoStar 6 satellite, EchoStar currently operates three

Direct Broadcast Satellites ("DBS") at the nominal 77° W.L. orbital location under Mexican

authority issued to its partner, QuetzSat: EchoStar 1, EchoStar 4, and EchoStar 8. The satellites

are used by EchoStar‘s customers, DISH Network L.L.C. ("DISH") and DISH Mexico, to

provide DBS service in the United States and Mexico, respectively. The U.S. service includes

local—into—local programming in a number of markets in the southern United States.

       EchoStar 6, operating with EchoStar 1 and EchoStar 8 at 77° W.L., provides sufficient

capacity to avoid service disruptions from that slot in the event any of the satellites experience a

problem. EchoStar 1, a satellite launched in December 1995, has limited capability (only up to

16 transponders), and EchoStar 4, having reached the end of its design life, has been retired from

commercial service and deorbited."

IL.     GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST

       This STA request is in the public interest for the reasons set forth in the Satellite STA

Application and the Blanket Earth Station Application, which are incorporated herein by

reference. Furthermore, grant of this application will ensure the continued safe operation of

EchoStar 6 at the 76.95° W.L. orbital location. Grant of this application will not cause harmful


QuetzSat, S. de RL. de C.V., to EchoStar Satellite Service LLC (Feb. 4, 2011), filed in File No.
SAT—STA—20110207—00026, Attachment 2.

         ‘The Commission recently granted special temporary authority for EchoStar 4 to
execute end—of—life maneuvers to boost the satellite to a disposal orbit. See Public Notice, DA
No. 11—1196 (rel. July 11, 2011) (notice grant of EchoStar Satellite Operating Corporation, File
No. SAT—STA—20110627—00122).


interference because EBC will operate the earth stations to conduct TT&C operations and feeder

link communications while EchoStar 6 is operating at 76.95° W.L. in accordance with the

conditions imposed on the original grant held by EchoStar."‘

III.   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, EBC 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.

IV.    CONCLUSION

       For the foregoing reasons, EBC respectfully requests the grant of its application for

renewal of its special temporary authority to operate two transmit/receive earth stations (Call

Signs E070273 and E980081) to provide TT&C service, and to operate one transmit/receive

earth station (Call Sign EO50017) to provide both TT&C service and feeder link

communications, for EchoStar 6 at 76.95° W .L.




       See Stamp Grant, File Nos. SES—STA—20110207—00120 SES—STA—20110207—00121;
SES—STA—20110207—00122 (granted Feb. 10, 2011).    '


                                   Respectfully submitted,



                                            Is/
Pantelis Michalopoulos              Alison Minea
L. Lisa Sandoval                    Corporate Counsel
Steptoe & Johnson LLP               EchoStar Broadcasting Corporation
1330 Connecticut Avenue, NW         1110 Vermont Avenue, NW, Suite 750
Washington, D.C. 20036              Washington, D.C. 20005
(202) 429—3000                      (202) 293—0981
Counselfor EchoStar Broadcasting
Corporation


August 4, 2011



Document Created: 2011-08-16 15:14:44
Document Modified: 2011-08-16 15:14:44

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