Attachment 20120723130409.pdf

20120723130409.pdf

DECISION submitted by IB/FCC

GRANTED STA WITH CONDITIONS

2012-07-20

This document pretains to SES-STA-20120626-00616 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2012062600616_960782

E110149 SES—STA—20120626—00616 HNS License Sub, LLC 1Cent4001678 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: June 2012 Pre—Grant Request for 60—Day Special Temporary Authority for E110149 1. Applicant Name: HNS License Sub, LLC Phone Number: 301—428—5506 DBA Name: Fax Number: 301—428—2802 Street: 11717 Exploration Lane E—Mail: Steven.Doiron@hughes.com City: Germantown State: MD Country: USA Zipcode: 20876 — Attention: Mr. Steven Doiron File # STS—S72—Zcr2062K "Co€é& Call Sign 67/0/2 2 Grant Date_77 ZC’/&’/ ul (or other identifier)

HNS License Sub LLC E110149 SES—STA—20120626—00616 Special Temporary Authority HNS License Sub LLC is authorized, beginning on July 21, 2012, and continuing for 60 days thereafter (to September 19, 2012), to utilize one of the 8.1 meter earth station antennas authorized under Call Sign E11014, and pending modification application SES—MFS—20120426— 00395, to operate with the U.S.—licensed EchoStar XVII satellite at the 107.1° W.L. orbital location for in orbit testing ("IOT") purposes under the following conditions. 1) All operations under the requested STA will be conducted from a single site in North Platte, Nebraska, and will be within the technical parameters specified for the blanket— licensed 8.1 meter antennas on Hughes‘s license under Call Sign E110149. In the event of a catastrophic failure at the North Platte earth station, Hughes may re—locate test equipment so as to conduct the IOT instead from the Amarillo, Texas (35° 12‘ 18" North latitude, 101° 49‘ 56" West longitude). Immediately inform the Commission, in writing, of the change. 2) All operations shall not cause harmful interference to, and shall not claim protection from, interference caused to it by any other lawfully operating station and it shall cease transmission(s) immediately upon notice of such interference. 3) Grant of this authorization is without prejudice to any determination that the Commuission may make regarding pending SES—MFS—20120426—00395 application. 4) Any action taken or expense incurred as a result of operations pursuant to this special temporary authority is solely at HNS License Sub LLC risk. 5) 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. mz| File# SES — 372 — Jy2042 ~C0 6/b Call Sign E//A //fJ Grant Date o/f26r Z2_ (or other identifier) Term Dates From [ i;l.‘it?’f’iuuniil Bureau H i Approved:

HNS License Sub, LLC FCC Form 312 — STA Narrative Exhibit June 2012 REQUEST FOR SPECIAL TEMPORARY AUTHORITY Call Sign: E110149 HNS License Sub, LLC ("Hughes") hereby requests Special Temporary Authority ("STA") beginning on July 21, 2012, and continuing for 60 days thereafter (to September 19, 2012), to utilize one of the 8.1 meter earth station antennas authorized under Call Sign E110149, and proposed in pending modification application File No. SES—MFS—20120426—00395, to operate with the U.S.—licensed EchoStar XVII satellite at the 107.1° W.L. orbital location for in— orbit testing ("IOT") purposes. All operations under the requested STA will be conducted from a single site in North Platte, Nebraska,‘ and will be within the technical parameters specified for the blanket—licensed 8.1 meter antennas on Hughes‘s license under Call Sign E110149. Hughes has on file with the FCC a pending application for permanent authority to utilize the antennas under Call Sign E110149 to communicate with EchoStar XVII (as licensed by the Commission on June 12, 2012 in File No. SAT—LOA—20120422—00075). There are unresolved interference issues with respect only to the 29.25—29.3 GHz frequency segment to be used at various continental U.S. ("CONUS") locations, as the frequency segment overlaps with spectrum utilized by the Iridium mobile—satellite service system from a Tempe, Arizona earth station. However, as the North Platte, Nebraska site for the earth station providing gateway service for EchoStar XVII IOT is located 1309 kilometers away from the Tempe site, interference to Iridium ‘ In the event of a catastrophic failure at the North Platte earth station, Hughes would re—locate test equipment and staff so as to conduct the IOT instead from the Amarillo, Texas (35° 12‘ 18" North latitude, 101° 49‘ 56" West longitude) station, which is 950 km from the Iridium hub in Tempe, Arizona. If such were to occur, transmission would be discontinued entirely at the North Platte station. All technical parameters for the IOT would remain the same, other than the change in testing location. Authority is also sought for use of the Amarillo, Texas station in the event of such a catastrophic failure. 308258

is expected to be minimal." In any event, Hughes recognizes that its proposed operation under this STA request is on a non—interfering basis. In the unlikely event that interference issues are raised during IOT operations, Hughes is designating as a contact point Bill McHargue at its Network Management Center in Germantown (Telephone: 301—428—7205). Mr. McHargue will be available on a 24/7 basis to field any interference complaints and address any other technical issues that may arise with the IOT operation. The underlying issue raised by Iridium will need to be addressed in one way or another before Hughes can begin permanent use of the 29.25—29.3 GHz segment for its gateway operations, but not for the limited operation from the single earth station that is requested here. The Commission has determined that in—orbit testing of a newly—launched satellite constitutes extraordinary circumstances that require temporary operations in the public interest. See DirecTV Enterprises, LLC, DA 10—113, slip op. at 4 (Sat. Div., released January 21, 2010). IOT authority is all that Hughes requests for the North Platte gateway earth station, and denying such authority because of a pending objection that is inapposite to the proposed use would clearly be contrary to the public interest. Moreover, the requested STA will serve the public interest by ensuring that Hughes‘ EchoStar XVII satellite, as launched, is tested to ensure that it fully complies with the Commission grant and can begin to make productive use of the valuable spectrum and orbital resources as soon as possible. Adding new Ka—band fixed—satellite service capacity for the provision of commercial services to customers in the United States is very much in the public interest. > See ITU—R Recommendation S$.1419, "Interference Mitigation Techniques to Facilitate Coordination Between Non—GSO MSS Feeder Links and GSO FSS Networks in the bands 19.3—19.7 GHz and 29.1— 29.5 GHz" (recommending a separation distance of 225 km between typical transmitting earth stations associated with the two services in order to avoid harmful interference). 308258

Given the sensitivity of this proposed use of 29.25—29.3 GHz by one of the earth stations authorized under Call Sign E110149, Hughes is submitting this STA request more than three business days in advance of the date of requested first use. Because Hughes has not only a pending application to access EchoStar XVII from the same antenna as a U.S.—licensed satellite, but a license to use the very same type of earth station antenna to communicate with the exact same satellite under a different flag for service to the United States, a 60—day term is appropriate. See 47 C.F.R. § 25.120(b)(3). To avoid ex parte issues that result from the reference to the Iridium issues in File No. SES—MFS—20120426—00395, Hughes will provide an electronic copy of the instant STA request to Iridium. In sum, and in the event that the Commission has not resolved the pending issue of potential interference to Iridium from the use of Hughes‘s licensed gateway earth stations to communicate with EchoStar XVII as a U.S.—licensed satellite prior to July 21, 2012, Hughes respectfully requests authority to operate an 8.1 meter gateway antenna from North Platte, Nebraska using all proposed frequencies on the licensed station — including the 29.25—29.3 GHz band segment — for 60 days starting July 21, 2012 and ending on September 19, 2012. 308258

2. Contact Name: Stephen D. Baruch Phone Number: 202—429—8970 Company: Lerman Senter PLLC Fax Number: 202—492—2993 Street: 2000 K Street NW E—Mail: sbaruch@lermansenter.com Suite 600 City: Washington State: DC Country: USA Zipcode: 20006 — Attention: Stephen D. Baruch 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 SESMFS2012042600395 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). {» Governmental Entity C Noncommercial educational licensee 3 Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request @ Use Prior to Grant { Change Station Location C Other 6. Requested Use Prior Date 07/21/2012 7. CityNorth Platte 8. Latitude (dd mm ss.s h) 41 5 24.14 N

9. State NE 10. Longitude (dd mm ss.s h) 100 45 10.98 W 11. Please supply any need attachments. Attachment 1: Narrative Exhibit 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.) See 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 Steven Doiron Senior Director, Regulatory Affairs 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: 2019-04-15 19:45:24
Document Modified: 2019-04-15 19:45:24
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