Attachment 20121002173949.pdf

20121002173949.pdf

DECISION submitted by IB/FCC

Granted STA

2012-09-24

This document pretains to SES-STA-20120918-00839 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2012091800839_970229

E070014 SES—STA—20120918—00839 182012002171 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: E070014 STA for Additional IOT at 67.1 WL and Move of QuetzSat 1 to 61.5 WL. 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: - cCO Country: USA Zipcode: 80112 == Attention: Ms. Alison Minea 4/ £43 ;f{; Cezseod,Fra:—>p ) mas 5es—57a 222008—00839 E EOTOK cumbes AJfatfaor> oafa4f i2 (0 Extfaor2 &/2’ t

Applicant: EchoStar Broadcasting Corporation Call Sign: EO70014 File No.: SES—STA—20120918—00839 Special Temporary Authority (STA) EchoStar Broadcasting Corporation is granted, under the following conditions, STA from September 24, 2012, through October 23, 2012, to use its Englewood, CO earth station, call sign EQO70014, to communicate with the foreign—licensed QuetzSat—1 spacecraft, a U.K. registered and licensed space object. The earth station will be used to perform tracking, telemetry and command functions in the 17.3—17.8 GHz (Earth—to—space) and 12.2—12.7 GHz (space—to—Earth) frequency bands for additional in—orbit testing of the satellite at 67.1 W.L. and during and after a planned move of the spacecraft to 61.5 W.L. 1. This authorization is limited to: TT&C Emissions Emission Designator: 1 MOOG7ZW Max EIRP: 86.5 dBW Max EIRP Density: 62.5 dBW/4kHz T‘x Frequency Range: 17300—17800 MHz Rx Frequency Range: 12200—12700 MHz Polarization: Left and Right Circular IOT Emissions Emission Designator: 1KOOK3N Max EIRP : 86.5 dBW Max EIRP Density: 92.5 dBW/4kHz Tx Frequency Range: 17300—17800 MHz Rx Frequency Range: 12200—12700 MHz Polarization: Left and Right Circular Emission Designator: NON Max EIRP: 86.5 dBW Max EIRP Density: 92.5 dBW/4kHz T‘x Frequency Range: 17300—17800 MHz Rx Frequency Range: 12200—12700 MHz Polarization: Left and Right Circular Emission Designator: 24M0G7W Max EIRP: 86.5 dBW Max EIRP Density: 48.7 dBW/4kHz Tx Frequency Range: 17300—17800 MHz Rx Frequency Range: 12200—12700 MHz Polarization: Left and Right Circular Emission Designator: 24MOF3D Max EIRP: 86.5 dBW Max EIRP Density: 48.7 dBW/4kHz T‘x Frequency Range: 17300—17800 MHz Rx Frequency Range: 12200—12700 MHz

Polarization: Left and Right Circular All operations shall be on an unprotected and non—harmful interference basis, EchoStar Broadcasting Corporation, E070014, 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. In the event that any harmful interference is caused as a result of operations of the Quetzsat—1 satellite, EchoStar shall cease operations immediately upon notification of such an event, and shall inform the Commission immediately, in writing, of the event. Any action taken or expense incurred as a result of operations pursuant to this special temporary authority is solely at EchoStar‘s own risk. 72 Z_J (0//;\ Ca;&)d/.{/ ;"os ‘ EoTt0/4 GomDate 09 [ad[2Pr& srantep | 04f2t[Zo , rofasfzaa

2. Contact Name: Andrew Guhr Phone Number: 202—429—1359 Company: Steptoe & Johnson LLP Fax Number: 202—429—3902 Street: 1330 Connecticut Ave NW E—Mail: aguhr@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 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). {24 Governmental Entity g*% 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 G Change Station Location Other 6. Requested Use Prior Date 7. CityGilbert 8. Latitude (dd mm ss.s h) 33 22 0.8 N

9. State AZ 10. Longitude (dd mm ss.s h) 111 48 54.7 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 for a period of 30 days beginning on September 24, 2012, to permit earth station E070014 to communicate with the foreign—licensed QuetzSat—1 spacecraft. The earth station will be used to perform tracking, telemetry and command functions for additional in—orbit testing of the satellite 13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is #, Yes 3 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).

ECC 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@fcc.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 orif 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 LAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

12. Description EchoStar Broadcasting Corporation requests special temporary authority for a period of 30 days beginning on September 24, 2012, to permit earth station E070014 to communicate with the foreign— licensed QuetzSat—1 spacecraft. The earth station will be used to perform tracking, telemetry and command functions for additional in—orbit testing of the satellite at 67.1 W.L. and during and after a planned move of the spacecraft to 61.5 W.L.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 N NN NT NT NT NV NV NNN NT In the Matter of ECHOSTAR BROADCASTING CORPORATION File No. SES—STA—2012 — Call Sign E070014 Application for Special Temporary Authority to Operate Its Transmit/Receive Earth Station to Perform TT&C on QuetzSat—1 at 67.1° W.L. and to Move It to, and Operate It at, 61.5° W.L. APPLICATION FOR SPECIAL TEMPORARY AUTHORITY EchoStar Broadcasting Corporation ("EBC," and collectively with its affiliates, "EchoStar") hereby respectfully requests earth station special temporary authority ("STA") to use its earth station in Gilbert, Arizona, Call Sign EO70014, for a period of 30 days beginning on or about September 24, 2012, to permit the earth station to communicate with the UK—licensed QuetzSat—1 Direct Broadcast Satellite ("DBS") service spacecraft. Specifically, EBC proposes to use E070014 to assist with additional in—orbit testing ("IOT") of QuetzSat—1 at 67.1° W.L. by using the antenna to perform Tracking, Telemetry and Command ("TT&C"). In addition, EBC seeks authority to use E070014 to perform TT&C: (a) while QuetzSat—1 remains at 67.1° W.L.; (b) during a planned relocation of the satellite to 61.5° W.L.; and (c) on—station once the satellite arrives for temporary operations at 61.5° W.L. With these requests, EBC seeks authority to o}aerate only on the TT&C frequencies with QuetzSat—1. These requests are being made to account for the delay, well—known to the

Commission, in the scheduled launch of EchoStar 16.‘ EchoStar 16 was originally scheduled to be launched in July 2012 and deployed at the nominal 61.5° W.L. orbital location. EchoStar was counting on EchoStar 16 to relieve EchoStar 15 of its duties and allow for its redeployment to the 45° W.L. orbital location for service to Brazil." In light of the delay, this temporary move of QuetzSat—1 is needed to accomplish the goal of freeing up the EchoStar 15 satellite to move to, and begin providing service at, 45° W.L. For the reasons set forth herein, the grant of this application is in the public interest and will not cause harmful interference to any authorized user of the spectrum. Accordingly, the Commission should grant the requested STA. 1. BACKGROUND After its successful launch on September 29, 2011, QuetzSat—1 completed operational testing at 67.1° W.L. An affiliate of SES S.A. ("SES") has been holding QuetzSat—1 at that orbital location pending direction from EchoStar, which has contracted for the entire DBS service capacity of QuetzSat—1. QuetzSat—1 is authorized pursuant to a space activity license issued by the UK Space Agency and will be a UK—registered space object." ‘ 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). The launch of EchoStar 16 has been delayed due to the Proton M/Briz M launch vehicle failure. > The delay has had, and may yet have, a number of effects on EchoStar‘s overall fleet and other planning, and may cause EchoStar and DISH to submit additional requests to the Commission. ° See SES Americom, Inc., File No. SES—STA—INTR2012—02161, at 1 n.1 (filed Sept. 17, 2012); Letter from Stephanie A. Roy, Counsel for EchoStar Broadcasting Corporation, and Daniel Mah, Regulatory Counsel, SES Americom, Inc., to Marlene H. Dortch, Secretary, Federal Communications Commission (Aug. 24, 2012), filed in File Nos. SES—STA—20120412—00360, SES—STA—20110815—00955, SES—STA—20111021—01250, SES—MFS—20110926—01138, SES— MFS—20110926—01140, SES—MFS—20110926—01139, SES—STA—20110815—00956, SES—STA— 20111021—01251, SES—AMD—20110809—00938, SES—MFS—20110707—00792, SES—AMD— 20110809—00937, SES—MFS—20110707—00793, SES—STA—20120413—00364. 2

As a result of the delay in the EchoStar 16 launch (due to the Proton M/Briz M launch vehicle failure) and the need to continue service to U.S. customers from 61.5° W.L. while inaugurating service from 45° W.L.,* EchoStar plans to instruct SES to relocate QuetzSat—1 to 61.5° W.L. to provide interim capacity, and to support such relocation with the E070014 antenna." As the Commission is aware, in August 2011, EchoStar‘s indirect and wholly owned subsidiary, HNS Americas Comunicagdes Ltda. ("HNSA"), won the rights to an authorization to provide Broadcast—Satellite Service ("BSS") to Brazil from the nominal 45° W.L. orbital location. HNSA executed the license agreement with Agéncia Nacional de Telecomunicagdes ("Anatel") in May 2012, and now holds the authorization. EchoStar and Anatel have agreed that HNSA will operate the EchoStar 15 satellite in accordance with Brazil‘s Region 2 BSS plan modifications filed for the 44.9° W.L. orbital location during an interim period while HNSA works to construct a satellite for the orbital location, consistent with HNSA‘s Brazilian authorization. EchoStar plans to move QuetzSat—1 to 61.5° W.L. and transfer the traffic from EchoStar 15 to QuetzSat—1 .‘ This move will free EchoStar 15, which is currently at 61.65° W.L.,‘ to move to 45° W.L.* Once EchoStar 16 is launched and tested, EchoStar plans to request that SES move * EchoStar‘s business plan includes starting service at 45° W.L. in January 2013. ° SES has filed a similar STA request to assist with the process of moving QuetzSat—1. See SES Americom, Inc., File No. SES—STA—INTR2012—02161 (filed Sept. 17, 2012). In addition, SES will be using an antenna in Mexico City, Mexico, to support the relocation of the satellite. Grant of SES‘s and EchoStar‘s STA requests will ensure ample earth station redundancy during the testing and move of QuetzSat—1. ° QuetzSat—1‘s capacity is the same as that for EchoStar 15, and QuetzSat—1 will operate only under the frequencies authorized to EchoStar. ‘ Stamp Grant, File No. SAT—STA—20120531—00091 (granted June 12, 2012); Stamp Grant, File No. SAT—STA—20120711—00115 (granted July 18, 2012). 8 See File No. SAT—MOD—20120814—00130 (filed Aug. 14, 2012). 3

QuetzSat—1 to 61.65° W.L., and also plans to move EchoStar 16 to 61.5° W.L. Once EchoStar 16 is at 61.5° W.L., EchoStar will transfer the traffic from QuetzSat—1 to EchoStar 16. IL. GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST The Commission has a long—standing policy of granting STA where such authorization will serve the public interest, convenience, and necessity and does not cause hafmful interference." The requested operations meet both of these tests. The requested STA serves the public interest because it will ensure uninterrupted service to DISH customers from 61.5° W.L. while EchoStar moves the EchoStar 15 satellite to 45° W .L. Moreover, the requested authority will allow earlier productive use of an additional slot (45° W.L.) — use that will include a new potential avenue for U.S. programming service to reach a large South American audience. While the satellite is at 61.5° W.L., EchoStar will ensure that operations do not cause harmful interference to any other satellite. III. OPERATIONAL PARAMETERS During relocation maneuvers and maintenance of QuetzSat—1 at the 61.5° W.L. orbital location, all transponders other than the TT&C transponders will be switched off, and the earth station and satellite will operate subject to the following conditions: 1. During the drift to the 61.5° W.L. orbital location, and while maintaining orbit at that location, the main communications payload on QuetzSat—1 will not be in operation until and unless authorized by the Commission to do so. 2. All drift orbit TT&C operations will be coordinated with other potentially affected in— orbit operators. 3. Drift operations and TT&C operations at 61.5° W.L. shall be on a non—harmful interference basis, meaning that QuetzSat—1 shall not cause interference to, and shall * See, e. g., Newcomb Communications, Inc., Order and Authorization, 8 FCC Red. 3631, 3633 (1993); Columbia Communications Corp., Order, 11 FCC Red. 8639, 8640 (1996); American Telephone & Telegraph Co., Order, 8 FCC Red. 8742 (1993). 4

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 TT&C operations during the relocation of the QuetzSat—1 satellite or while the satellite is at 61.5° W.L., QuetzSat—1 shall cease operations immediately upon notification of such interference, and the Commission will be informed immediately, in writing, of such event. IV. 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, EchoStar 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. v. CONCLUSION For the foregoing reasons, EBC seeks STA for a period of 30 days beginning on or about September 24, 2012, to perform TT&C with one of its earth stations in Gilbert, Arizona (Call Sign E0O70014) while QuetzSat—1 is at 67.1° W.L., and to help relocate the satellite to, and to maintain it at, 61.5° W.L. This request will serve the public interest and not cause harmful interference to any satellite operator. Respectfully submitted, Is/ Pantelis Michalopoulos Alison Minea Christopher Bjornson 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—1216 Counselfor EchoStar Broadcasting Corporation September 18, 2012


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Document Modified: 2019-04-21 19:37:08
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