Attachment 20111221121915.pdf

20111221121915.pdf

DECISION submitted by IB/FCC

GRANTED STA

2011-12-20

This document pretains to SES-STA-20111215-01458 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2011121501458_930751

                                         E050017      SES—STA—20111215—01458        182011005120
                                         EchoStar Satellite Operating 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 Satellite Operating       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


                                                                                                                   1




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Conditions:
Applicant: EchoStar Broadcasting Corporation
File Number: SES—STA—20111215—01458
Call Sign: E050017

The request of EchoStar Broadcasting Corporation (EchoStar) for extension of special
temporary authority described in IBFS File No. SES—STA—20111215—01458, is granted.
Accordingly, EchoStar is authorized a 30 day extension of SES—STA—20111109—01347,
from December 21, 2011 to January 20, 2012, to conduct telemetry, tracking, and
telecommand and feeder link operations with EchoStar 6 space station (Call Sign $2232)
at 76.95° W.L. orbital location authorized under SAT—STA—20111202—00232 . This
authorization shall be in accordance with the technical specifications set forth in
EchoStar‘s application SES—STA—20110314—00291, 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.

                                                           64

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                                           Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                                    Washington, D.C. 20554


                                                )
                                                )   File No. SES—STA—20111004—01172
                                                )   File No. SES—STA—20111109—01347
In the Matter of                                )   File No. SES—STA—            —
                                                ) Call Sign E050017
ECHOSTAR BROADCASTING CORPORATION               )
                                                ) File No. SES—STA—20111004—01174
Applicationfor Renewal of Special               ) File No. SES—STA—20111109—01348
Temporary Authority to Operate Three            )   File No. SES—STA—            —
Transmit/Receive Earth Stations with            )   Call Sign E070273
EchoStar 6 at 76.95° W.L.                       )                     '
                                                )   File No. SES—STA—20111004—01173
                                                )   File No. SES—STA—20111109—01346
                                                )   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 E050017) to provide

both TT&C and feeder link communications. The current STAs for each of the earth stations

expire on December 23, 201 1," December 20, 201 1," and December 20, 201 1," respectively.



        ! See 47 C.F.R. § 25.120(b)(4).
       * See Stamp Grant, File No. SES—STA—20111109—01348, Call Sign E070273 (granted
Nov. 22, 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—20111109—01346, Call Sign E980081
(granted Nov. 18, 2011).

       * See Stamp Grant, File No. SES—STA—20111109—01347, Call Sign E050017 (granted
Nov. 18, 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).
       8 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 proforma 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,


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

 EchoStar 6 at thé 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 of 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 E0O50017) to provide both TT&C service and feeder link

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


                                              Respectfully submitted,



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


December 15, 2011


       See Stamp Grant, File Nos. SES—STA—20110207—00120; SES—STA—20110207—00121;
SES—STA—20110207—00122 (granted Feb. 10, 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 SESSTA2011110901347 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        g*3 Noncommercial educational licensee
C Other(please explain):

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

5. Type Request

gy Use Prior to Grant                             C 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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Document Created: 2019-04-20 19:47:19
Document Modified: 2019-04-20 19:47:19

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