Attachment 20120615143645.pdf

20120615143645.pdf

DECISION submitted by IB/FCC

Granted STA

2012-06-15

This document pretains to SES-STA-20120424-00385 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2012042400385_955357

E010242 SES—STA—20120424—00385 182012001095 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: Application for Special Temporary Authority to Operate Call Sign E010242 with, and Provide TT&C for, EchoStar 3 at 61.8 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 2" pa IorfBrac C ‘7 43 1, :M fo n ~/' >/~o/‘ec/c:/ gael 20 /0 7% _ legs . /Z@st/»as S¢FS File #gf‘gfl—-zo Call Sign £@/02¥z, Grant Date 6 /{is5L2eri (or other identifier) To 26ecasys Term Dates hss «o From 06 /22 GRANTED International Bureau Approved:

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 IDof 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). ;4 Governmental Entity g% Noncommercial educational licensee g4 Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request O Use Prior to Grant 4 Change Station Location @ Other 6. Requested Use Prior Date 7. CityGilbert 8. Latitude (dd mmss.sh) 33 21 59.9 N

9. State AZ 10. Longitude (dd mm ss.s h) 111 48 51.6 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 Special Temporary Authority to operate its transmit/receive earth station to provide TT&C for EchoStar 3 at 61.8 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).

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 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 L&AW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 No No No N N N NA NY N N) Nt In the Matter of File No. SES—STA—2012 ECHOSTAR BROADCASTING CORPORATION File No. SES—STA—2012 File No. SES—STA—2012 Applications for Special Temporary File No. SES—STA—2012 Authority to Relocate EchoStar 3 to, and Call Signs: EO10242 and Operate It as an In—Orbit Spare, at 61.8° E020248 W.L. APPLICATIONS FOR SPECIAL TEMPORARY AUTHORITY‘! EchoStar Broadcasting Corporation ("EBC," and collectively with its affiliates, "EchoStar") hereby respectfully requests earth station special temporary authority (“STA”) for its earth stations in Gilbert, AZ, and Blackhawk, SD, (Call Signs E010242 and E020248) for a period of thirty days beginning on or about April 30, 2012, to relocate the EchoStar 3 Direct Broadcast Satellite ("DBS") service spacecraft from 61.45° W.L. to 61.8° W.L. and to operate the satellite as an in—orbit spare at that location upon arrival." EBC also requests STA for the above—referenced earth stations to operate with EchoStar 3 once at 61.8° W.L. for a period of 180 days while EchoStar 3 acts as an in—orbit spare at that location. With both of these requests,EBC seeks authority to operate only on the TT&C frequencies with EchoStar 3. These requests are being made in anticipation of the upcoming launch of EchoStar 16," and are part of a series of ‘ Concurrent with this application, EchoStar is filing (a) a 30—day STA application to move the EchoStar 3 satellite to 61.8° W.L. and to operate it there as an in—orbit spare and (b) a 180—day STA application to operate EchoStar 3 at 61.8° W.L. as an in—orbit spare. EchoStar will maintain EchoStar 3 within a + 0.05° station—keeping box while at 61.8° W.L. > See File Nos. SAT—LOA—20110902—00172 (filed Sept. 2, 2011); SAT—STA—20110902—00171 (filed Sept. 2, 2011); SAT—STA—20120315—00049 (filed Mar. 15, 2012).

moves that EchoStar anticipates in order to accommodate EchoStar 16 at the nominal 61.5° W.L. orbital location. I. BACKGROUND As the Commission is aware, on July 10, 2010, EchoStar successfully launched EchoStar 15, a 32—transponder Direct Broadcast Satellite ("DBS") that, in light of the loss of AMC—14," effectively replaced EchoStar 3. EchoStar 15 became fully operational on August 5, 2010. To accommodate testing and operation of EchoStar 15 at 61.55° W.L., and the concurrent and efficient operation of EchoStar‘s other satellites at the nominal 61.5° W.L. orbital location, the EchoStar 3 satellite was moved to 61.45° W.L.° EchoStar 3 acts as an in—orbit spare, ready to supplement service provided from the 61.5° W.L. orbital location, as needed, to maintain regular programming. The continued operation of EchoStar 3 helps to ensure that ESOC‘s customer, DISH Network L.L.C., will be able to continue providing DBS service to consumers without any service interruptions. EchoStar is now preparing to launch the EchoStar 16 satellite as early as August 2012, which will further supplement the service provided from 61.5° W.L. and ensure the continued full utilization of the DBS spectrum at that orbital location. In anticipation of this launch and the assumption of operations at 61.5° W.L. by EchoStar 16, EchoStar is repositioning the spacecraft in the 61.5° W.L. orbital cluster. This move of EchoStar 3 to 61.8° W.L. is the first step in these repositioning efforts. Upon completion of the EchoStar 3 relocation, EchoStar anticipates seeking authority to move EchoStar 15 from 61.55° W.L. to the 61.65° W.L. location. With * See Letter from Pantelis Michalopoulos, Counsel for EchoStar Corporation, to Marlene H. Dortch, Secretary, FCC, File No. SAT—STA—20080923—00193 (Dec. 30, 2008). ° See Stamp Grant, File No. SAT—LOA—20100310—00043 (granted July 1, 2010). ° EchoStar 3 currently operates as an in—orbit spare at 61.45° W.L. per STA that is set to expire on May 2, 2012. See Stamp Grant, File No. SAT—STA—20111004—00195 (granted Nov. 16, 2011).

EchoStar 12 at 61.35° W.L., the launch of EchoStar 16 to 61.5° W.L. will align each of EchoStar‘s satellites at 0.15° separation, with the three operational satellites centered around the 61.5° W.L. nominal orbital location. Repositioning EchoStar 3 at 61.8° W.L. leaves the satellite in close proximity to the 61.5° W.L. nominal orbital location and available, if needed, for repositioning within the orbital cluster to provide service. Grant of the requgsted authority is consistent with Commission precedent. The Commission has previously granted temporary authority to operate outside of an orbital cluster on the condition that operations do not cause harmful interference to lawfully operating satellite systems and that the satellite system operate without protection from lawful systems.‘ In fact, in very similar circumstances, the Bureau approved a request by EchoStar for relocation of the EchoStar 6 satellite outside of the 110° W.L. cluster.° For the reasons set forth below, the relocation of EchoStar 3 to 61.8° W.L. will not cause harmful interference to any authorized user of the spectrum and would be in the public interest. Accordingly, the Commission should grant the requested STAs. IL. THIS REQUEST IS IN THE PUBLIC INTEREST AND WILL NOT CAUSE HARMFUL INTERFERENCE The requested STAs are in the public interest for the same reason EchoStar was granted STA to operate EchoStar 3 as an in—orbit spare. Moreover, grant of this application will ensure See Letter from Thomas S. Tycz, Chief, Satellite and Radio Communications Division, FCC, to David K. Moskowitz, Senior Vice President and General Counsel for EchoStar Satellite Corporation, at 2, dated Jan. 14, 2000 (granting authority to operate the EchoStar 4 satellite at 119.35° W.L., outside of the 119° W.L. cluster). 8 See Stamp Grant, File No. SAT—STA—20060303—00023 (granted Apr. 28, 2006). The Bureau repeatedly renewed this STA. See Stamp Grant, File No. SAT—STA—20061020—00124 (granted Apr. 10, 2007); Public Notice, Policy Branch Information Actions Taken, Informative, 23 FCC Red. 6586, 6586 (2008); Public Notice, Policy Branch Information Actions Taken, Special Temporary Authority Grant of Authority, 23 FCC Red. 6902, 6903 (2008).

safe station—keeping margins for each of the satellites that are located at the nominal 61.5° W.L. orbital location. Relocation of EchoStar 3 to 61.8° W.L. as proposed herein will not harm adjacent satellite operators, because EchoStar proposes to operate EchoStar 3 solely as an in—orbit spare while at 61.8° W.L., and so will operate only the TT&C frequencies on the satellite. Furthermore, the relocation will not adversely affect existing customers because the EchoStar 3 satellite itself is not carrying any traffic. The satellite‘s capacity has already been replaced by EchoStar 15, which in turn is backed up by the capacity on EchoStar 12. During this relocation, EchoStar 3 will act solely as an in—orbit spare, unless it is needed to provide capacity in the event of an anomaly affecting another satellite in the EchoStar fleet at the nominal 61.5° W.L. orbital location. In the event that EchoStar 3‘s communications payload is required to supplement service from that orbital location, EchoStar will seek appropriate authority to move EchoStar 3 back within the orbital cluster of 61.5° W.L. before seeking to provide service from the satellite. The above—referenced earth stations are currently authorized to communicate with EchoStar 3, and their licenses cover a coordination arc that includes the 61.8° W.L. orbital location." Operation of these facilities under the requested STA will conform to the existing license terms—the only change will be to the location of the EchoStar 3 satellite. ° See Call Sign EO10242, File No. SES—RWL—20110812—00953, at Section C (granted Aug. 19, 2011); Call Sign E020248, File No. SES—MOD—20110608—00671, at Section C (granted July 29, 2011).

III. OPERATIONAL PARAMETERS During relocation maneuvers and maintenance of EchoStar 3 at the 61.8° W.L. orbital location, all transponders other than the TT&C transponders will be switched off, and EchoStar will operate the satellite subject to the following conditions: 1. During the drift to the 61.8° W.L. orbital location, and while maintaining an orbit at that location, EchoStar shall not operate the main communications payload on EchoStar 3. 2. EchoStar shall coordinate all drift orbit TT&C operations with other potentially affected in—orbit operators. | 3. Drift operations and operations at 61.8° W.L. shall be on a non—harmful interference basis, meaning that EchoStar shall not cause interference to, and shall not claim protections from, interference caused to it by any other lawfully operating satellites. 4. In the event that any harmful interference is caused as a result of operations during the relocation of the EchoStar 3 satellite or while the satellite is at 61.8° W.L., EchoStar shall cease operations immediately upon notification of such interference and shall inform the Commission immediately, in writing, of such event. IV. WAIVER PURSUANT TO SECTION 304 OF THE ACT EchoStar 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, and requests an authorization in accordance with this application. v. CONCLUSION For the foregoing reasons, EchoStar seeks STA for a period of up to thirty days beginning on or about April 30, 2012, to perform TT&C in order to relocate EchoStar 3 satellite to 61.8° W.L., to operate the TT&C payload during the drift to that location, and to operate the TT&C payload upon arrival of EchoStar 3 at 61.8° W.L. EchoStar further seeks a 180—day STA to operate the TT&C payload of EchoStar 3 while the satellite remains at 61.8° W.L. as in in—orbit spare.

Respectfully submitted, Is/ Pantelis Michalopoulos Alison Minea Stephanie A. Roy Corporate Counsel Andrew W. Guhr EchoStar Broadcasting Corporation Steptoe & Johnson LLP 1110 Vermont Avenue, NW, Suite 750 1330 Connecticut Avenue, N.W. Washington, D.C. 20005 Washington, D.C. 20036 (202) 293—0981 (202) 429—3000 Counselfor EchoStar Broadcasting Corporation April 24, 2012


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