Attachment SESSTA2012052400472.

SESSTA2012052400472.

DECISION submitted by IB/FCC

STA GRANT WITH CONDITIONS

2012-05-30

This document pretains to SES-STA-20120524-00472 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2012052400472_954407

E010242 SES—STA—20120524—00472 182012001296 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 E010242 with, and Provide TT&C for, EchoStar 3 at 61.8 W.L. 1. Applicant Name: EchoStar Broadcasting Phone Number: 202—293—098 1 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 > lt/ ba PEA »fi [on 21 th (jfiv\hzl‘ 30 Mjs E)(ffl\f T mns SES—574 2002.0524.004t3 , ;" (Tzzllfiign_@[();z"(; Grant Date O6/30 ;}G__(; i‘/ (or other identifier) A Term Dates International Bureau Approved:

Applicant: EchoStar Broadcasting Corporation File Number: SES—STA—20120524—00472 Call Sign: E010242 Special Temporary Authority (STA) EchoStar Broadcasting Corporation is granted STA for a 30—day extension, from 05/30/2012 through 06/30/2012, to operate as described in SES—STA—20120524—00472 to support the drift of EchoStar 3 space station (Call Sign $2741) from the 61.45° W.L. orbital location to the 61.8° W.L. orbital location and to maintain it at the 61.7° W.L. orbital location. Specifically, EchoStar is authorized to use the 17301.5 MHz frequency for the telecommand uplink and the 12201 MHz, 12203 MHz, and 12699 MHz frequencies for the telemetry and beacon downlinks during these operations. Based on the following conditions: 1. Operations under this authority are on a non—interference basis only. 2. Operations under this authority are on a non—protected basis only. 3. In the event that there is a report of interference, EchoStar broadcasting Corporation must immediately terminate transmissions and notify the FCC in writing. 4. Operations will be coordinated with all operators of satellites that use the same frequency bands and are in the drift path. All operators of satellites in that path will be provided with an emergency phone number where the licensee can be reached in the event that harmful interference occurs. 5. This action is without prejudice to Commission decision on EchoStar‘s application for special temporary authority to operate the EchoStar 3 space station at the 61.80 W.L. orbital location for 180 days as an in—orbit spare. 6. Any action taken or expense incurred as a result of operations pursuant to this special temporary authority is solely at EchoStar‘s own risk. { 52} cA U)““‘ Q)&LKJU.B»;\ ,.)( ‘]—E‘N iO 30 drrys C 2oL O ———~| win 4 Ses—6TA.dom—osx—mk Call Sign CAORtZ Grant Date 0\5“33 l&O(&l (or other identifier) (a Term Dates To: c[2Bfaziza onal Bureau ! Appmvcd:

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 SESSTA2012042400384 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 4 Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request g2y Use Prior to Grant «4 Change Station Location g&, Other 6. Requested Use Prior Date 7. CityGilbert 8. Latitude (dd mm ss.s h) 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 renewal of its Special Temporary Authority to operate its transmit/receive earth station to provide TT&C for the EchoStar 3 satellite 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 £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 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 numberof 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 N/ N/ NZNLZZ/NLZZ N/ NOX N/ NNz In the Matter of File No. SES—STA—20120424—00384 .,, File No. SES—STA—2012 4524004 % ECHOSTAR BROADCASTING CORPORATION Call Sign EO10242 Applications for Special Temporary File No. SES—STA—20120424—00386 Authority to Relocate EchoStar 3 to, and File No. SES—STA—2012 Operate It as an In—Orbit Spare, at 61.8° Call Sign E020248 W.L. APPLICATIONS 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 two transmit/receive earth stations (Call Signs E010242 and E020248) to provide only telemetry, tracking, and control ("TT&C") for the EchoStar 3 satellite at 61.8° W.L. for 30 days. J. BACKGROUND EchoStar is preparing to launch the EchoStar 16 satellite as early as August 2012, which will supplement the service DISH Network L.L.L. provides 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 repositioned EchoStar 3 at 61.8° W.L. Operating at 61.8° W.L. as an in—orbit spare, EchoStar 3 remains in close proximity to the 61.5° W.L. nominal orbital location and available, if needed, for ‘ Concurrent with this application, EchoStar is filing a 30—day renewal STA application to operate EchoStar 3 at 61.8° W.L. as an in—orbit spare. * See 47 C.F.R. § 25.120(b)(4).

repositioning within the orbital cluster to provide service. This renewal STA is necessary to allow the continued operation of these earth stations with EchoStar 3 while EchoStar‘s applications for 180—day STA remain pending before the Commission.* 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 safe station—keeping margins for each of the satellites that are located at the nominal 61.5° W.L. orbital location. Grant of this application will not cause harmful interference because EchoStar will operate the earth stations to conduct TT&C operations while EchoStar 3 is at 61.8° 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 use 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 E010242 and EO20248) to provide TT&C service for EchoStar 3 at 61.8° W.L. * See File No. SES—STA—20120424—00385 (filed Apr. 24, 2012); File No. SES—STA—20120424— 00387 (filed Apr. 24, 2012). * See Stamp Grant, File No. SES—STA—20120424—00384 (granted May 1, 2012); Stamp Grant, File No. SES—STA—20120424—00386 (granted May 1, 2012).

Respectfully submitted, /s/ 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, NW. Washington, D.C. 20005 Washington, D.C. 20036 (202) 293—0981 (202) 429—3000 Counselfor EchoStar Broadcasting Corporation May 24, 2012


Document Created: 2012-06-08 15:34:13
Document Modified: 2012-06-08 15:34:13
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