Attachment 20110912170226.pdf

20110912170226.pdf

DECISION submitted by IB/FCC

Granted STA with Conditions

2011-09-09

This document pretains to SES-STA-20110907-01046 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2011090701046_916397

E070273 SES—STA—20110907—01046 182011004203 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 E070273 with, and Provide TT&C for, EchoStar 6 at 76.95 W.L. 1. Applicant Name: EchoStar Broadcasting Phone Number: 202—293—0981 Corporation DBA Name: Fax Number: Street: 100 Inverness Terrace East E—Mail: City: Englewood State: CO Country: USA Zipcode: 80112 = Attention: Ms Alison Minea ‘300@%36)(‘['6&35©"ith fomdEes m# 5ES—S7A—A0troge7.010(6 SignEC7602TS ran oci/b?/oio//‘ i m 01/eg : fofrofSeit —

Conditions of Grant of SES—STA—20110907—01046, E070273 The request of EchoStar Broadcasting Corporation (EchoStar) for extension of special temporary authority described in IBFS File No. SES—STA—20110907—01046, is granted. Accordingly, EchoStar is authorized a 30 day extension, from September 9, 2011 to October 10, 2011, to SES—STA—20110804—00921, to conduct telemetry, tracking, and telecommand operations 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—00289, SAT—STA—20110401—00067, SAT—SAT—20110608—00104, and SAT—STA—20110809—00158, 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. 3) If extension of SAT—STA—20110809—00158 is not granted this authorization ends upon the date that SAT—STA—20110809—00158 expires. Operations of E070273 from August 7, 2011 to September 9, 2011 were pursuant to Section 1.62 of the Commission‘s rules based on submission of SES—STA—20110804— 00921. SES—STA—20110804—00921 is hereby dismissed as moot. 1 h \ 2 »on ob#:z+ (1 30dc1\-(s Z’—fii/'/ér/fic*r?? W"//”G”"//%/dzf File # _GTes ~szH¥ — Aoit 026 7. —O/C $G Call Sign £074272 Grant Date (F/A2ZA?c’/./ (or other identifier) Term Dates l“:‘umfif/gjé@/@__ 7 ‘tor 20 ?//f_"//

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 File No. SES—STA—20110525—00622 N/ N No N N NT N N N N N N Ne Nut Nt N) N/ File No. SES—STA—20110630—00781 File No. SES—STA—20110804—00922 In the Matter of File No. SES—STA— — Call Sign E050017 ECHOSTAR BROADCASTING CORPORATION File No. SES—STA—20110525—00623 Application for Renewal of Special File No. SES—STA—20110630—00782 Temporary Authority to Operate Three File No. SES—STA—20110804—00921 Transmit/Receive Earth Stations with File No. SES—STA— — EchoStar 6 at 76.95° W.L. Call Sign E070273 File No. SES—STA—20110525—00624 File No. SES—STA—20110630—00780 File No. SES—STA—20110804—00923 File No. SES—STA— — Call Sign E980081 APPLICATION FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY By this Application, and pursuant to Section 25.120(b)(4) of the Commuission‘s rules, EchoStar Broadcasting Corporation ("EBC" and collectively with its affiliates, "EchoStar") requests renewal of its special temporary authority ("STA") to operate three earth stations with the EchoStar 6 satellite at 76.95° W.L. for 30 days 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 EO50017) to provide both TT&C and feeder link communications.‘ The current STAs for earth stations E980081 and ! See 47 C.F.R. § 25.120(b)(4).

EO50017 each expire on September 11, 2011. EBC filed an application for renewal of Call Sign E070273, which is still pending.* EchoStar 6 arrived at the 76.95° W.L. orbital location on Febfuary 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 See File No. SES—STA—20110804—00921 (filed Aug. 4, 2011). The STA for Call Sign E070273 expired on August 7, 2011. See File No. SES—STA—20110630—00782 (granted July 7, 2011). EBC has continued the earth station‘s operations with the EchoStar 6 satellite pending the Commission‘s decision on that application. See 47 C.F.R. § 1.62(a)(1). *‘ 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). * 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). © 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— MFS—20110314—00289 (filed Mar. 14, 2011) (requesting modifications to the referenced earth station licenses). These applications were filed subject to the proposed pro forma assignment of the earth station licenses to EBC. These pro forma assignments were consummated on May 26, 2011. See Letter from Pantelis Michalopoulos, Counsel for EchoStar Corporation and EchoStar Broadcasting Corporation, to Marlene H. Dortch, Secretary, FCC, filed in File Nos. SES—ASG— 20110228—00561, SES—ASG—20110228—00562, SES—ASG—20110228—00554 (June 3, 2011). 2.

STA request is necessary to allow the continued operation of EchoStar 6 while these applications remain pending.‘ 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, two other EchoStar Direct Broadcast Satellites ("DBS") currently operate at the nominal 77° W.L. orbital location under Mexican authority issued to EBC‘s partner, QuetzSat: EchoStar 1 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). 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 ‘ 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, QuetzSat, S. de R.L. de C.V., to EchoStar Satellite Service LLC (Feb. 4, 2011), filed in File No. SAT—STA—20110207—00026, Attachment 2. ®See Stamp Grant, File No. SAT—STA—20110525—00098 (granted May 27, 2011) (granting EBC‘s sister company, EchoStar Satellite Operating Corporation, STA to operate the EchoStar 6 satellite at 76.95° W.L.) ("Satellite STA Application").

EchoStar 6 at the 76.95° W.L. orbital location. Grant of this application will not cause harmful 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 STA grant." 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 ofits 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 E050017) 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). —4_

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 September 7, 2011

2. Contact Name: Pantelis Michalopoulos Phone Number: (202) 429—6494 Company: Steptoe & Johnson LLP Fax Number: Street: 1330 Connecticut Avenue, 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 SESSTA2011080400921 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). {3 Governmental Entity 53 Noncommercial educational licensee 4 Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request g4 Use Prior to Grant C3 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 Broadcasting Corporation requests renewal of its Special Temporary Authority to operate its transmit/receive earth station to provide TT&C for EchoStar 6 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 «3 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 Coporate 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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Document Modified: 2019-04-14 11:12:32
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