Attachment 20130118155719.pdf

20130118155719.pdf

DECISION submitted by IB/FCC

STA GRANT

2012-10-26

This document pretains to SES-STA-20121022-00951 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2012102200951_982174

E050196 SES—STA—20121022—00951 1B2012002470 EchoStar 77 Corp. 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 Special Temporary Authority to Operate Call Sign E050196 on Channels 23 and 24 to Communicate with QuetzSat—1 at the 61.5 Orbital Location 1. Applicant Name: EchoStar 77 Corp. Phone Number: 202—293—098 1 DBA Name: Fax Number: Street: 100 Inverness Terrace East E—Mail: City: Englewood State: CO Country: USA Zipcode: 80112 x Attention: Ms Alison Minea "urfh Comnd/frens ~ / SEs— S TA —2 2012 (022—00475/(/ CosoiGemIes_1t/ orf2o‘2

Applicant: EchoStar 77 Corp. Call Sign: EO50196 File No.: SES—STA—20121022—00951 Special Temporary Authority (STA) EchoStar 77 Corp. (EchoStar 77) is granted, from October 27, 2012, through November 25, 2012, special temporary authority to operate its blanket licensed earth stations to communicate with the foreign—licensed QuetzSat—1, a U.K. registered and licensed space object, at the 61.5 W.L. orbital location, in the 12.2—12.7 GHz (space—to—Earth), on the Direct Broadcast Satellite ("DBS") channels 23 and 24 under the following conditions. 1. All operations of the Quetzsat—1 satellite at the 61.5 W.L. orbital location must comply with the conditions of operation applicable to EchoStar 15 at the 61.5° W.L. orbital location pursuant to DA—12—993. 2. All operations shall be on an unprotected basis, EchoStar 77, E050196, shall not claim protection from, interference caused to it by any other lawfully operating station. 3. In the event that any harmful interference is caused as a result of operations of the Quetzsat—1 satellite, EchoStar 77 shall cease operations immediately upon notification of such an event, and shall inform the Commission immediately, in writing, of the event. 4. Any action taken or expense incurred as a result of operations pursuant to this special temporary authority is solely at EchoStar 77‘ s own 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. '(;)/I;Lf_, Czoaxtrfis 2s " 5es.57A—22121022 007857 £058196GramtDat :’([o//o’zD/Q Jn—

2. Contact Name: Pantelis Michalopoulos Phone Number: 202—429−,6494 Company: Steptoe & Johnson LLP Fax Number: Street: 1330 Connecticut Ave. 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 SESSTA2012092600852 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). £y Governmental Entity C Noncommercial educational licensee C3 Other(please explain): 4b. Fee Classification —CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request «y Use Prior to Grant C Change Station Location & Other 6. Requested Use Prior Date 7. Citymultiple 8. Latitude (dd mm ss.s h) 0O 0O 0.0

9. State 10. Longitude (dd mm ss.s h) 0O 0 0.0 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 77 Corporation seeks 30—day Special Temporary Authority to operate its blanket earth station (Call Sign EO50196) with the QuetzSat—1 satellite on channels 23 and 24 at the 61.5 orbital location. 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@fec.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.8.C. SECTION 3507.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 New! Nuwe! Newe! Nuwe! Nuw! Nee Nuw! Suu! Nuwt! Nu! Nes! In the Matter of ECHOSTAR 77 CORPORATION File No. SES—STA—2012____— Call Sign E050196 Request for Special Temporary Authority to Communicate with QuetzSat—1 Using Channels 23 and 24 at the 61.5° W.L. Orbital Location REQUEST FOR SPECIAL TEMPORARY AUTHORITY EchoStar 77 Corporation ("EchoStar 77" or, collectively with its affiliates, "EchoStar") requests special temporary authority ("STA*") to operate its blanket earth station (Call Sign E050196) with the QuetzSat—1 satellite on the Direct Broadcast Satellite ("DBS") channels 23 and 24 at the 61.5° W.L. orbital location for 30 days. For the reasons set forth below, grant of this request will serve the public interest. I. BACKGROUND AND PROCEDURAL HISTORY As EchoStar has previously described to the Commission, DBS channels 23 and 24 at the nominal 61.5° W.L. orbital location have a unique history.1 In stark contrast to the vast majority of DBS spectrum, these channels have remained unassigned and unlicensed. In fact, these ‘ See File Nos. SAT—STA—20110909—00176 (granted Oct. 18, 2011); SAT—STA—20110525—00096 (granted May 27, 2011).

channels "are the only two remaining unassigned DBS channels in the 12 GHz band that are assigned to the United States that can provide service to most of the contiguous United States.""" The future of these unassigned channels is, however, also subject to the uncertainty surrounding the Northpoint decision that vacated the Commission‘s DBS auction rules, and the DBS freeze implemented by the Commission in response to that decision." As a result, a new licensee will not be in a position to provide services from these channels for a number of years. In fact, while the Commission initiated a proceeding in 2006 to establish the mechanism by which these channels could be ultimately licensed and operated, that proceeding is still pending.* In an effort to ensure that such valuable spectrum does not lie fallow, the Commission has provided STA to DBS providers to operate on these channels for thirteen years subject to different conditions. On March 21, 1998, the Commission granted EchoStar‘s predecessor—in— interest STA to operate on channels 23 and 24, as well as 8 channels assigned to Dominion Video Satellite, Inc. and 11 channels assigned to Rainbow DBS Company, LLC ("Rainbow")." Rainbow DBS Company, LLC and EchoStar Satellite L.L.C., Memorandum Opinion and Order, 20 FCC Red. 16868, 16880 29 (2005) ("Rainbow 1 Assignment Order"). > Northpoint Technology Ltd. v. FCC, 412 F.3d 145 (D.C. Cir. 2005); Public Notice, Direct Broadcast Satellite (DBS) Service Auction Nullified: Commission Sets Forth Refund Procedures for Auction No. 52 Winning Bidders and Adopts a Freeze on All New DBS Service Applications, FCC 05—213 (rel. Dec. 21, 2005) (stating that the DBS freeze does not apply to "requests for special temporary authority"). * See Amendment of the Commission‘s Policies and Rules for Processing Applications in the Direct Broadcast Satellite Service in the United States, Notice ofProposed Rulemaking, 21 FCC Red. 9443 (2006). ° See Direct Broadcasting Satellite Corporation, Application for Special Temporary Authority to Operate a Direct Broadcast Satellite Over Channels 1—21 (odd) and 23—32 (odd and even) at 61.5° W.L., Memorandum Opinion and Order, 13 FCC Red. 6392 (1998) ("EchoStar 1998 STA4 Grant). For a full description of the regulatory history of these channels, see File No. SAT— STA—20090821—00092, Narrative at n.4 (granted Dec. 1, 2009).

Rainbow subsequently operated on channels 23 and 24 pursuant to STA for a two—year period® before EchoStar‘s predecessor—in—interest acquired the Rainbow 1 satellite in 2005.‘ On January 1, 2008, EchoStar‘s predecessor—in—interest assigned the STA to EchoStar as part of a pro forma corporate reorganization under which EchoStar Communications Corporation spun off its wholly—owned subsidiary, EchoStar." The Commission has highlighted repeatedly "the importance of ensuring that spectrum can continue to serve the public rather than lying fallow unnecessarily, even on a temporary basis."" During the past thirteen years, the flexibility provided by this much—needed capacity has proven instrumental to DBS providers. IL. GRANT OF THIS REQUEST WOULD SERVE THE PUBLIC INTEREST As EBC previously explained, QuetzSat—1 is being relocated temporarily to 61.5° W.L. to relieve EchoStar 15 so that it, in turn, can relocate to 44.9° w.L." QuetzSat—1 will remain at that location until EchoStar 16 is able to take over duties from QuetzSat—1 at the 61.5° W.L. orbital ° Rainbow received STA (the "Rainbow STA") to operate on the unassigned channels in 2003. EchoStar Satellite Corporation and Rainbow DBS Company LLC, Order and Authorization, 18 FCC Red. 19825 (2003) ("Rainbow STA Order"). ‘ The Rainbow STA was assigned to EchoStar Satellite L.L.C. ("ESLLC®") in October 2005 as part of the sale of the Rainbow 1 satellite to EchoStar. See Stamp Grant, File No. SAT—STA— 20050926—00183 (granted Sept. 30, 2005); see also Rainbow 1 Assignment Order, 20 FCC Red. 16868. The STA was then assigned from ESLLC to an affiliate, EchoStar Satellite Operating Corporation ("old ESOC"), in September 2006. See Application for Pro Forma Assignment of Licenses from EchoStar Satellite L.L.C. to EchoStar Satellite Operating Corporation, File No. SAT—ASG—20051129—00256 (granted Sep. 13, 2006). 8 See Public Notice, Policy Branch Information Actions Taken, DA 07—4655 (rel. Nov. 16, 2007) (consenting to the transfer of several authorizations as part of the spin—off). ° Rainbow STA Order, 18 FCC Red. at 19828 C 8; see also EchoStar 1998 STA Grant, 13 FCC Red. at 6394 [ 7 ("furthering the Commission‘s objective to make efficient use of available spectrum"). !© See File No. SES—STA—20120918—00839, Narrative, at 3—4 (filed Sept. 19, 2012).

cluster later this year.‘‘ EchoStar 16 is currently scheduled to launch on or about November 20, 2012." The two unassigned channels 23 and 24 are currently being operated subject to STA on EchoStar 15, which QuetzSat—1 will replace at the 61.5° W.L. orbital cluster. Like EchoStar 15," QuetzSat—1 can support the capacity needs of EchoStar‘s customer, DISH Network L.L.C. ("DISH"), to provide High Definition programming to subscribers. The requested STA will continue to ensure that channels 23 and 24 remain available to provide services to DISH‘s customers. EchoStar agrees to comply with the same conditions set forth in the order authorizing EchoStar tooperate EchoStar 15 over Channels 23 and 24.‘ 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, EchoStar 77 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. ‘ 14. * See Letter from Stephanie A. Roy, Counsel for EchoStar Satellite Operating Corporation, to Marlene H. Dortch, FCC (Oct. 16, 2012), filed in File Nos. SAT—STA—20120315—00049; SES— STA—20120614—00508; ES—STA—20120316—00275; SES—STA—20120316—00274. 5 See File No. SAT—STA—20100615—00134, Narrative at 2 (filed June 15, 2010). " See Stamp Grant, File No. SAT—STA—20110525—00096 (granted May 27, 201 1); EchoStar Corporation, Application for Special Temporary Authority to Operate the EchoStar 15 Satellite on Channels 23 and 24 at the 61.55° W.L. Orbital Location, Order and Authorization, 25 FCC Red. 10980, 10982—83 4 9—17 (2010).

IV. CONCLUSION For the foregoing reasons, EchoStar 77 respectfully requests the grant ofits application for special temporary authority to operate the QuetzSat—1 satellite at the 61.5° W.L. orbital location on channels 23 and 24 for 30 days. Respectfully submitted, Is/ Pantelis Michalopoulos Alison Minea Stephanie A. Roy Corporate Counsel Andrew W. Guhr EchoStar 77 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 77 Corporation October 22, 2012


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Document Modified: 2019-04-25 04:29:30
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