Attachment 20130118155819.pdf

20130118155819.pdf

DECISION submitted by IB/FCC

STA GRANT

2012-10-26

This document pretains to SES-STA-20121015-00925 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2012101500925_982163

E060003 SES—STA—20121015—00925 182012002405 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: 30—day STA Request to Use E060003 to provide TT&C and Feeder—Link Operations with QuetzSat—1 at 61.5 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 Lsith Cowdif/rSes" 5ES—5]n —20ra/o/s.004F2BS EOtooo3 iof3; [zer2 _ { 0251920/;2

Applicant: EchoStar Broadcasting Corporation Call Sign: EO50017 File No.: SES—STA—20121015—00927 Special Temporary Authority (STA) EchoStar Broadcasting Corporation is granted, under the following conditions, STA from October 27, 2012, through November 25, 2012, to use its Gilbert, AZ, earth station, call sign E050017, 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 (TT&C) 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. during and after a planned move of the spacecraft to 61.5 W.L. TT&C and feeder link operations at 61.5 W.L. are also authorized. 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 Tx Frequency Range: 17300—17800 MHz Rx Frequency Range: 12200—12700 MHz Polarization: Left and Right Circular IOT Emissions and Feeder link 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 Tx Frequency Range: 17300—17800 MHz Rx Frequency Range: 12200—1 2700 MHz Polarization: Left and Right Circular Emission Designator: 24M0G7ZW 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: 24MO0F3D 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 b All operations shall be on an unprotected and non—harmful interference basis, EchoStar Broadcasting Corporation, EO60003, 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. 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. — Z') (,f’fi, Cesy id ,"///o;OS § §k8—45 7,4 —«RO/R/LOLS—ODGR2SG~ | Call SignGL2O8 GrentDate jof31 fanra

2. Contact Name: Stephanie A. Roy Phone Number: 202—429—6278 Company: Steptoe & Johnson LLP Fax Number: Street: 1330 Connecticut Ave NW E—Mail: sroy@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). C Governmental Entity g*y Noncommercial educational licensee C Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request 3 Use Prior to Grant > Change Station Location @ Other 6. Requested Use Prior Date 7. CityGilbert 8. Latitude (dd mm ss.s h) 33 21 53.6 N

9. State AZ 10. Longitude (dd mm ss.s h) 111 48 53.6 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 30—day STA to use EO60003 to provide TT&C and feeder—link operations for QuetzSat—1 at 61.5 W.L. 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).

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 LAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 N N/ N/ NN NC N NNN NV NT NV N In the Matter of File Nos. SES—STA—20120918—00839 ECHOSTAR BROADCASTING CORPORATION SES—STA—2012 — Call Sign EO70014 Application for Renewal of Its Special Temporary Authority to Use One Earth File No. SES—STA—2012 — Station for TT&C During QuetzSat—1‘s Call Sign EO50017 Relocation to, and Operation at, 61.5° W.L., and New Special Temporary Authority to File No. SES—STA—2012 — Operate Three Earth Stations for TT&C and Call Sign EO60003 Feeder Link Operations with QuetzSat—1 at 61.5° W.L. APPLICATION FOR SPECIAL TEMPORARY AUTHORITY EchoStar Broadcasting Corporation ("EBC," and collectively with its affiliates, "EchoStar") respectfully requests renewal ofits special temporary authority ("STA") for an additional 30 days so that it can continue using its earth station (Call Sign E0O70014) to performing Tracking, Telemetry, and Command ("TT&C") for the UK—licensed QuetzSat—1 Direct Broadcast Satellite ("DBS") service satellite during its relocation to 61.5° WL.‘ In addition, EBC requests new STA for 30 days to provide TT&C and feeder—link operations with QuetzSat—1 while the satellite is operating at 61.5° W.L. using three earth stations (Call Signs E050017, E060003, and E070014)." EBC requests that the new STA begin upon the date of renewal ofits existing STA authority for E070014—October 24, 2012. For the reasons set forth ! Stamp Grant, SES—STA—20120918—00839 (granted Sept. 24, 2012). EBC requests authority to perform TT&C operations over the same frequencies previously authorized in the referenced Grant Stamp for TT&C during in—orbit testing of QuetzSat—1. Id. > EBC requests authority to perform feeder link operations over the same frequencies authorized in the referenced Stamp Grant for in orbit testing of QuetzSat—1. Id.

herein, the grant of this application is in the public interest and will not cause harmful interference to any authorized user of the spectrum. 1. BACKGROUND After its successful launch on September 29, 2011, QuetzSat—1 completed operational testing at 67.1° W.L. An affiliate of 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. EchoStar understands that QuetzSat—1 is currently operating under a U.K. Outer Space Act license and will be registered as a UK space object." EchoStar understands that the U.K. Space Agency has indicated that it has no objection to the proposed temporary operation of QuetzSat—1 at 61.5° W.L. Because 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 EchoStar 15°s service from 45° W.L., EchoStar filed an STA request to test QuetzSat—1 at 67.1° W.L. and then to relocate it to 61.5° W.L.* EchoStar now expects QuetzSat— 1 to begin its move from 67.1° W.L. in mid—October and arrive at 61.5° W.L. near the end of the month. Once at 61.5° W.L., EchoStar expects that it will take approximately two weeks for QuetzSat—1 to take over duties in the cluster from EchoStar 15." Once all traffic is transferred to * See SES Americom, Inc., File No. SES—STA—20120917—00826, 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—MEFS—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. * File No. SES—STA—20120918—00839 (filed Sept. 18, 2012). ° QuetzSat—1‘s capacity is the same as that of EchoStar 15, and QuetzSat—1 will operate only under the frequencies authorized to EchoStar.

QuetzSat—1, EchoStar 15 will be free to move to the nominal 45° W.L. orbital location.© After EchoStar 16 is launched and tested, EchoStar expects QuetzSat—1 to be moved to 61.65° W.L. and EchoStar 16 to 61.5° W.L. This will allow for the traffic on QuetzSat—1 to be transferred to EchoStar 16 and, ultimately, for QuetzSat—1 to be moved to its permanent operating location in the 77° W.L. orbital cluster. 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 harmful interference.‘ The requested operations meet both of these tests. The requested STA serves the public interest because it will ensure a smooth transition of QuetzSat—1 from 67.1° W.L. to 61.5° W.L. and uninterrupted service to EchoStar‘s customers from 61.5° W.L. while EchoStar moves the EchoStar 15 satellite to 44.9° W.L. Moreover, the requested authority will allow earlier productive use of an additional slot (44.9° W.L.)—a 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 the relocation of QuetzSat—1 to 61.5° W.L., all transponders other than the TT&C transponders will be switched off, and EBC will operate its earth stations subject to the following conditions: ° See File No. SAT—MOD—20120814—00130 (filed Aug. 14, 2012). " 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). 3

1. No harmful interference will be caused to any lawfully operating satellite network or radio communication system, and EBC‘ s operations will cease immediately upon notification of harmful interference. Furthermore, EBC shall notify the Commission immediately, in writing, of any such event. 2. EBC will accept interference from any lawfully operating satellite network or radio communication system. In addition, during operation of QuetzSat—1 at 61.5° W.L., EBC will communicate with QuetzSat—1 at 61.5° W.L. subject to the following conditions: 1. TT&C and feeder link 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 not claim protections from, interference caused to it by any other lawfully operating satellites. 2. In the event that any harmful interference is caused as a result of TT&C or feeder link operations 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 renewal of its STA for its earth station (Call Sign EQO70014) for a period of 30 days to perform TT&C for QuetzSat—1 during its relocation to, and operation at, 61.5° W.L. In addition, EBC requests new STA for 30 days from October 24, 2012, to perform feeder link operations using three earth stations (Call Signs E050017, E060003, and E070014) while QuetzSat—1 is 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 Stephanie 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—1216 (202) 429—3000 Counselfor EchoStar Broadcasting Corporation October 15, 2012


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