Attachment SESSTA2011091401084.

SESSTA2011091401084.

DECISION submitted by DISH OPERATING L.L.C

STA GRANT WITH CONDITIONS

2011-09-14

This document pretains to SES-STA-20110914-01084 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2011091401084_917072

E050029 SES—STA—20110914—01084 1B2011004275 DISH Operating LL.C. 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 Communicate with Ciel—2 1. Applicant Name: DISH Operating L.L.C. Phone Number: 202—293—0981 DBA Name: ' Fax Number: Street: 100 Inverness Terrace East E—Mail: City: Englewood State: CO Country: USA Zipcode: 80112 = Attention: Alison Minea

Conditions of Grant DISH OPERATING L.L.C. SES—STA—20110914—01084 Call Sign E050029 The application requesting special temporary authority to permit the earth station with the above— captioned call sign to communicate with the Ciel—2 satellite outside the +/—0.05° east/west station—keeping box previously authorized for such communications is granted for the period commencing September 14 through September 24, 2011, subject to the following conditions: 1. All operations shall be on an unprotected and non—harmful interference basis. Earth stations operation shall not cause harmful interference to, and shall not claim protection from interference caused by, any other lawfully operating station. This authorization shall be in accordance with all the other technical specifications set forth in the current earth station authorization for this call sign, as well as in Federal Communication Commission rules. In the event of any harmful interference to other lawfully operating space stations or radio communications systems, DISH OPERATING L.L.C. shall inform the Commission, in writing, immediately of such an event. Any action taken or expense incurred as a result of operations pursuant to this special temporary authority is solely at DISH OPERATING L.L.C.‘s own risk. 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. ¢ . c p s 1 0 h — 0 : 0 t atee — m 0 0BM _El wall 5‘3“_—:«——-‘— is i (or other identifies) ‘ Fr-m;\\‘\\r.\

2. Contact Name: Christopher Bjornson Phone Number: 202—429—3059 Company: Steptoe & Johnson LLP Fax Number: 202—429—3902 Street: 1330 Connecticut Avenue E—Mail: cbjornson@steptoe.com City: Washington State: DC Country: USA Zipcode: 20036 — Attention: Christopher Bjornson 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 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). (a Governmental Entity @3 Noncommercial educational licensee {3 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 09/14/2011 7. City 8. Latitude (dd mm ss.s h) 0 0 0.0

9. State 10. Longitude (dd mm ss.s h) 0 0 0.0 11. Please supply any need attachments. Attachment 1: 129 Ciel—2 STA 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.) STA for DISH Operating L.L.C. and EchoStar Broadcasting Corporation to communicate with the Ciel—2 satellite while it is outside its station—keeping limits. 13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is Yes C 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).

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 orif 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 N/ N/ N/ N/ NNN NNNA N In the Matter of File No. SES—STA— — DISH OPERATING L.L.C. AND Call Sign E050029 ECHOSTAR BROADCASTING CORPORATION Call Signs E950288, E970394, E980178 Application for Emergency Special Temporary Authority to Allow Communications with the Ciel—2 Satellite Outside of Its Station—keeping Limits APPLICATION FOR EMERGENCY SPECIAL TEMPORARY AUTHORITY Pursuant to Sections 25.120(a) and 25.120(b) of the Commission‘s rules,‘ DISH Operating L.L.C. ("DISH") and EchoStar Broadcasting Corporation ("EchoStar") hereby request emergency Special Temporary Authority ("STA") to permit communications with the Ciel—2 satellite licensed by Canada to Ciel Satellite Communications ("Ciel"), an affiliate of SES New Skies (with Ciel, "SES"), outside of its station—keeping limits for a period of ten days while the satellite is returned to its Canadian—licensed 128.85° W.L. orbital location (plus or minus 0.05 degrees for station—keeping) in order to correct an excursion that was beyond DISH‘s or EchoStar‘s control. As the Commission is aware, DISH‘s affiliate, DISH Network L.L.C. ("DISH Network"), provides Direct Broadcast Satellite ("DBS") service to consumers through DISH‘s blanket earth 47 C.F.R. § 25.120(a), (b).

station authorization to communicate with the Ciel—2 satellite." EchoStar, for its part, holds feeder link earth station authorizations to communicate with Ciel—2." During the evening of Tuesday, September 13, 2011, an operational problem at the Canadian satellite Ciel—2 ground control station, located in Canada, caused the satellite to lose earth pointing. This, in turn, resulted in the disruption of service to some DISH Network DBS subscribers. Service has since been restored. But DISH and EchoStar have been informed by SES that the process of restoring the satellite with the correct orbital attitude parameters caused _ the satellite to drift west. SES is expected to cause the satellite‘s drift to stop at 129.2° W.L. on September 15, 2011. SES will then cause the satellite to drift back to the nominal station— keeping box at 128.85° W.L. +/— 0.05°, a drift that it expects to complete by Monday, September 19, 2011. DISH and EchoStar understand that at no time did the satellite veer outside the 128.8°—129.2° W.L. orbital cluster allotted to Canada under the International Telecommunication Union‘s Region 2 Broadcasting—Satellite Service Plan. Nevertheless, although the satellite is not licensed to either of them, DISH and EchoStar request this STA because their market access and earth station authorizations are conditioned on Ciel—2 being operated within +/— 0.05° of the 128.85° W.L. orbital location. According to the authorizations, "Ciel shall not operate the Ciel—2 satellite outside of these station—keeping limits without further authorization.""* STA to permit continued communications with Ciel—2 is warranted because there is nothing DISH or EchoStar could have done to prevent this event from > DISH Operating L.L.C., Call Sign EO50029. * EchoStar Broadcasting Corporation, Call Sign E950288; EchoStar Broadcasting Corporation, Call Sign E970394; EchoStar Broadcasting Corporation, Call Sign E980178. * DISH Operating L.L.C., Call Sign E050029, Condition 491; EchoStar Broadcasting Corporation, Call Sign E950288, Condition 491; EchoStar Broadcasting Corporation, Call Sign E970394, Condition 491; EchoStar Broadcasting Corporation, Call Sign E980178, Condition 491.

occurring, and the STA will permit continued service with no further expected disruptions to DISH Network customers while the orbital maneuvers are being executed to return the satellite to the 128.85° W.L. nominal orbital location. The STA could not have been requested earlier than today as the satellite‘s orbital parameters and drift were not reported to DISH and EchoStar until the morning of Wednesday, September 14, 2011." The requested authority will cause no harmful interference to other satellites, because the maximum excursion of the Ciel—2 satellite to the 129.2° W.L. orbital location and its drift back to 128.85° W.L. will only mean a slightly greater spatial separation from the nearest DBS satellite, which is located at 119.1° W.L. With respect to collision risk and space debris mitigation, the closest adjacent satellite to the Ciel—2 satellite is AMC 11 at 131° W.L and Galaxy 13 at 127° W.L., and therefore the requested authority poses no risk for another spacecraft. In conclusion, DISH and EchoStar request that STA be granted for a period of ten days, until (and including) September 23, 2011, to permit communications with the Ciel—2 satellite while it drifts back to within its station—keeping limits for its licensed 128.85° W.L. orbital location. Respectfully submitted, Is/ Pantelis Michalopoulos Alison Minea Christopher Bjornson 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 and DISH Operating L.L.C. September 14, 2011 ° See 47 C.F.R. § 25.120(a).


Document Created: 2011-09-15 17:54:52
Document Modified: 2011-09-15 17:54:52
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