Attachment SESSTA2012042400392.

SESSTA2012042400392.

DECISION submitted by ECHOSTAR BROADCASTING CORPORATION

STA GRANT WITH CONDITIONS

0000-00-00

This document pretains to SES-STA-20120424-00392 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2012042400392_950675

                                    E980081     SES—STA—20120424—00392     182012001103
                                    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:
Renewal of Special Temporary Authority to Operate Call Sign E980081 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


Applicant: EchoStar Broadcasting Corporation
File Number: SES—STA—20120424—00392
Call Sign: E980081
Special Temporary Authority (STA)




EchoStar Broadcasting Corporation is granted STA for a 30—day extension with the
same operating conditions included in the previously granted STA under file number
SES—STA—20120321—00289. This authorization shall be in accordance with the
technical specifications set forth in EchoStar‘s pending application file number SES—
MFS—20110314—00290 and the Commission‘s rules.


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 SESSTA2012032100289 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).
C Governmental Entity        C Noncommercial educational licensee
«3 Other(please explain):

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

5. Type Request

g4 Use Prior to Grant                              34 Change Station Location                        & Other


6. Requested Use Prior Date


7. CityCheyenne                                                            8. Latitude
                                                                           (dd mm ss.s h)   41   7   58.3    N


9. State   WY                                                              10. Longitude
                                                                           (dd mm ss.s h)     104   44    9.1   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 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        «y 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
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Federal Communications Commission, AMD—PERM, Paperwork Reduction Project (3060—0678), Washington, DC 20554. We will also accept
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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
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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


                                                                      File No. SES—STA—20120321—00287




                                                N/ Nh N NNN NNN NNN
                                                                      File No. SES—STA—2012____—
In the Matter of                                                      Call Sign E050017

ECHOSTAR BROADCASTING CORPORATION                                     File No. SES—STA—20120321—00288
                                                                      File No. SES—STA—2012____—
Application for Renewal of Special                                    Call Sign EO70273
Temporary Authority to Operate Three
Transmit/Receive Earth Stations with                                  File No. SES—STA—20120321—00289
EchoStar 6 at 76.95° W.L.                                             File No. SES—STA—2012     —
                                                                      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: (l) 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 April 27, 2012."




         See 47 C.F.R. § 25.120(b)(4).
       * See Stamp Grant, File Nos. SES—STA—20120321—00287, Call Sign E050017 (granted
Mar. 28, 2012); SES—STA—20120321—00288, Call Sign E070273 (granted Mar. 28, 2012); SES—
STA—20120\321—00289, Call Sign E980081 (granted Mar. 28, 2012).


       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 receive service from the Mexican—licensed EchoStar 6 satellite.© This renewal

STA request is necessary to allow the continued operation of these earth stations with EchoStar 6

while these applications remain pending.‘




       * 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).
       ° 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,
QuetzSat, S. de R.L. de C.V., to EchoStar Satellite Services LLC (Feb. 4, 2011), File No. SAT—
STA—20110207—00026, Attachment 2.


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 satel'lites experience a problem. EchoStar 1, a satellite

launched in December 1995, has limited capability (only up to 16 transponders).

IJ.    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




       ®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."

IIL.   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.

                                              Respectfully submitted,



                                                       Is/
Pantelis Michalopoulos                         Alison Minea
Stephanie A. Roy                               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


April 24, 2012

      ° See Stamp Grant, File Nos. SES—STA—20110207—00120; SES—STA—20110207—00121;
SES—STA—20110207—00122 (granted Feb. 10, 2011).



Document Created: 2012-05-01 18:25:02
Document Modified: 2012-05-01 18:25:02

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