Attachment 20111123115216.pdf

20111123115216.pdf

DECISION submitted by IB/FCC

Granted STA with conditions

2011-11-22

This document pretains to SES-STA-20111109-01348 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2011110901348_927956

1B2011004857 SsES—STA—201 11109—01348 adcasting Corporati on oo Ech St oSt ar Bro 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 a — R 14 {_p.; t tf\t Cf‘:}l\lde%(\:l\}: 30 C{:p‘gs EX—%@)J‘(‘T: 4 Se.—STA—A20!!11a4— OL34S 11 Sign €O%eStremitem 1(/32f201/ Q_sjgzmi

Conditions of Grant of SES—STA—20111109—01348, E070273 The request of EchoStar Broadcasting Corporation (EchoStar) for extension of special temporary authority described in IBFS File No. SES—STA—20111109—01348, is granted. Accordingly, EchoStar is authorized a 30 day extension, from November 24, 2011 to December 23, 2011, to conduct telemetry, tracking, and telecommand operations with EchoStar 6 space station (Call Sign $2232) at 76.95° W.L. orbital location authorized under SAT—STA—20111004—00194 . This authorization shall be in accordance with the technical specifications set forth in EchoStar‘s application SES—MFS—20110314—00289 the Commission‘s rules, and is subject to the following conditions: 1) All operations shall be on an unprotected and non—harmful interference basis, i.e. EchoStar shall not cause harmful interference to, and shall not claim protection from interference caused to it by, any other lawfully operating radiocommunication station. 2) In the event that any harmful interference is caused as a result of operations of the EchoStar 6 satellite, EchoStar shall cease operations immediately upon notification of such an event, and shall inform the Commission immediately, in writing, of the event. 3) Any action taken or expense incurred as a result of operations pursuant to this special temporary authority is solely at EchoStar‘s own risk. 4) This action is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective immediately. 50 GousEe i4 Coodi tss itg. Czmc 40 dass egxftguscon i ses—s$a—2011(67—213%0 | CallSignCOo2‘GemDae 1((A2/20T ¥0 bnramorn (Piim@men i Casen . s > t2[253|Bs

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) File No. SES—STA—20111004—01172 ) File No. SES—STA—_______—___ In the Matter of ) Call Sign E050017 ) ECHOSTAR BROADCASTING CORPORATION ) File No. SES—STA—20111004—01174 ) File No. SES—STAAo{((e —O134F Application for Renewal of Special ) n Temporary Authority to Operate Three ) ' Transmit/Receive Earth Stations with ) File No. SES—STA—20111004—01173 EchoStar 6 at 76.95° W.L. ) 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 Commission‘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 each of the earth stations expire on November 23, 201 1,* November 12, 2011," and November 12, 2011,* respectively. See 47 C.F.R. § 25.120(b)(4). 2 See Stamp Grant, File No. SES—STA—20111004—01174, Call Sign E070273 (granted Oct. 24, 2011).

EchoStar 6 arrived at the 76.95° W.L. orbital location on February 13, 2011 and began providing service on February 14, 201 1." 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 EéhoStar 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.9 > See Stamp Grant, File No. SES—STA—20111004—01173, Call Sign E980081 (granted Oct. 6, 2011). * See Stamp Grant, File No. SES—STA—20111004—01172, Call Sign E050017 (granted Oct. 6, 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). © 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 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— 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, File Nos. SES—ASG— 20110228—00561, SES—ASG—20110228—00562, SES—ASG—20110228—00554 (June 3, 2011). ° 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,

I. 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 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 QuetzSat, S. de R.L. de C.V., to EchoStar Satellite Services LLC (Feb. 4, 2011), 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").

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 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 November 9, 2011

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 number or the IB Submission ID of the related application. Please enter only one.) 3. Reference File Number SESSTA2011100401174 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 C3 Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request Use Prior to Grant Change Station Location Other 3 Lt @ 6. Requested Use Prior Date 7. CityQuicksburg 8. Latitude (dd mm ss.s h) 38 42 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 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 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@fcc.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.


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Document Modified: 2019-04-21 20:39:50
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