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
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                                                                                                                                    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



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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.


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                                           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).


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

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