Attachment SESSTA2012102200953.

SESSTA2012102200953.

DECISION submitted by ECHOSTAR HOLDING PURCHASING CORPORATION

STA GRANT WITH CONDITIONS

0000-00-00

This document pretains to SES-STA-20121022-00953 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2012102200953_976827

E020248 SES E —ST A—2012102 f 1B201200 EchoStar Hol ding Purcha sing 2e sati Corpor on M 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: 60—day Special Temporary Authority to Operate Call Sign E020248 to Provide TT&C and Feeder Link Communications for EchoStar 15 at 44.9 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 Ses—Simagilgg.— tMonyed Grabas N Orit3 SC O

Applicant: ECHOSTAR HOLDING PURCHASING CORPORATION (EchoStar) File Number: SES—STA—20121022—00953 Call Sign: E020248 EchoStar is authorized, for a period of 60 days, to perform telemetry, tracking, and control ("TT&C") and feederlink operations for EchoStar 15 at the 44.9° W.L. orbital location. Operations under this authorization are subject to the terms, conditions, and technical specifications set forth in EchoStar‘ s pending Application and the Federal Communications Commission‘s rules, and are subject to the conditions set forth below. Conditions: 1. All operations under this grant of special temporary authority shall be on an unprotected and non—harmful interference basis. EchoStar shall not cause harmful interference to, and shall not claim protection from interference caused to it by, any other lawfully operating radio communication system. 2. In the event of any harmful interference as a result of operations under this grant of special temporary authority, EchoStar shall cease operations immediately upon notification of such interference and shall immediately inform the Commission, in writing, of such an event. 3. Grant of this authorization is without prejudice to any determination that the Commission may make regarding EchoStar pending application IBFS File No. SES— MFS—20120815—00750. 4. This grant is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective upon release. {%;%%\mab\és\o &m%i - S \@\‘é cmupae_§S| XG. §sous}

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 SESMOD2012081500750 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). ¢4 Governmental Entity 3 Noncommercial educational licensee C Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request qy Use Prior to Grant C Change Station Location ) Other 6. Requested Use Prior Date 7. CityBlackhawk 8. Latitude (dd mm ss.s h) 44 11 14.2 N

9. State SD 10. Longitude (dd mm ss.s h) 103 20 7.5 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 seeks a 60—day Special Temporary Authority to Special Temporary Authority to Operate Call Sign E020248 to Provide TT&C and Feeder Link Communications for EchoStar 15 at the 44.9 W.L. 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@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 File No. SES—STA— Call Sign E070014 In the Matter of File No. SES—STA— ECHOSTAR BROADCASTING Call Sign E080007 CORPORATION File No. SES—STA— Application for 60—day Special Call Sign E980005 Temporary Authority to perform TT&C and Feeder—link Operations with File No. SES—STA— EchoStar 15 at 44.9° W.L. Call Sign E020248 File No. SES—STA— Call Sign E080120 APPLICATION FOR SPECIAL TEMPORARY AUTHORITY EchoStar Broadcasting Corporation ("EBC," and collectively with its affiliates, "EchoStar") hereby requests 60—day special temporary authority ("STA"), pursuant to Section 25.120(b)(3) of the Commission‘s Rules, 47 C.F.R. § 25.120(b)(4), to use five of its earth stations (Call Signs EO70014, E080007, E980005, E020248, and EO8120) to provide telemetry, tracking, and control ("TT&C") and feeder—link operations with the EchoStar 15‘ Broadcasting— Satellite Service ("BSS") satellite at the 44.9° W.L. orbital location." EBC has already filed a ‘ Concurrent with this application, EchoStar is filing an application for satellite STA to relocate EchoStar 15 to, and operate it at, 44.9° W.L. 2 EBC requests STA to use all frequencies currently authorized for each earth station. See Call Sign E070014, File No. SES—MFS—20120315—00269 (granted July 5, 2012); Call Sign E080007, File Nos. SES—MFS—20110419—00464, SES—AFS—20120214—00170 (granted Feb. 28, 2012); Call Sign E980005, File No. SES—MFS—20120315—00270 (granted June 29, 2012) (and with the amendment proposed by File No. SES—MFS—20110627—00739); Call Sign EO20248, File No. SES—MOD—20110608—00671 (granted July 29, 2011); Call Sign EO80120, File No. SES—MFS—

request to modify its authority for each of these earth stations to perform TT&C and feeder—link operations with the satellite at 44.9° W.L." L. BACKGROUND On July 10, 2010, EchoStar successfully launched EchoStar 15 to 61.55° W.L.* EchoStar 15 became fully operational on August 5, 2010." Since that time, EchoStar 15 has effectively replaced the EchoStar 3 satellite at the nominal 61.5° W.L. orbital location, providing Direct Broadcast Satellite ("DBS") capacity for EchoStar‘s customer, DISH Network L.L.C., to provide multichannel video programming distribution service to U.S. consumers." EchoStar had originally intended to relocate EchoStar 15 once relieved of duty at 61.5° W.L. by the EchoStar 16 satellite, which had been scheduled to launch in September 2012. But as a result of delays in the launch of EchoStar 16 (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 44.9° W.L., EchoStar recently requested STA to operate the QuetzSat—1 satellite at 61.5° W.L. to free up EchoStar 15 for service at 44.9° W.L.‘ QuetzSat—1 will be able to replace 20111101—01284 (granted Dec. 19, 2011) (and with the amendment proposed by File No. SES— MFS—20120906—00798). * See Call Sign EO70014, File No. SES—MFS—20120815—00748 (filed Aug. 15, 2012); Call Sign E080007, File No. SES—MFS—20120815—00747 (filed Aug. 15, 2012); Call Sign E980005, File No. SES—MFS—20120815—00749 (filed Aug. 15, 2012); Call Sign EO20248, File No. SES—MFS— 20120815—00750 (filed Aug. 15, 2012); Call Sign E0O80120, File No. SES—MFS—20120906—00798 (filed Sept. 6, 2012). * See Peter B. de Selding, Proton—M Rocket Lofis EchoStar 15 Satellite, Space News (July 1, 2010), http://www.spacenews.com/launch/100712—ils—proton—successfully—lofts—echostar.html. ° See Letter from Christopher R. Bjornson, Counsel for DISH Operating LLC, to Robert Nelson, Chief of the Satellite Division, International Bureau, FCC, fi/ed in File No. SAT—LOA— 20100310—00043. ° EchoStar 15 is currently operating under special temporary authority at 61.65° W.L. Grant Stamp, File No. SAT—STA—20120711—00115 (granted July 18, 2012). ‘ See File No. SES—STA—20120926—00852 (filed Sept. 26, 2012). L2 _

EchoStar 15 at the 61.5° W.L. nominal orbital location and ensure the continued full utilization of the DBS spectrum at that orbital location. . With EchoStar 15 freed for service elsewhere, EchoStar has an opportunity to use that satellite to provide service to Brazil from the nominal 45° W.L. orbital location pursuant to Brazilian authorization. Anatel has agreed to permit EchoStar 15 to serve Brazil pursuant to that authorization. Accordingly, EchoStar will adjust the downlink pattern of EchoStar 15‘s payload to provide coverage over Brazil and will operate the satellite at 44.9° W.L. during an interim period while a purpose—built satellite is pursued, consistent with the underlying authorization. II. THIS REQUEST IS IN THE PUBLIC INTEREST, IS CONSISTENT WITH PAST PRECEDENT, AND WILL NOT CAUSE HARMFUL INTERFERENCE The Commission has a long—standing policy of granting STA where such authorization will serve the public interest, convenience, and necessity, and will not cause harmful interference." The requested relocation meets both of these tests. It has long been the Commission‘s policy that the public interest is generally furthered by leaving fleet management decisions to satellite operators. As the International Bureau has explained: [TJhe Commission attempts, when possible, to leave spacecraft design decisions to the space station licensee because the licensee is in a better position to determine how to tailor its system to meet the particular needs of its customers. Consequently the Commission will generally grant a licensee‘s request to modify its system, provided there are no compelling countervailing public interest considerations." As a result, the Commission has routinely authorized "satellite operators to rearrange satellites in their fleet to reflect business and customer considerations where no public interest 8 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). ° AMSC Subsidiary Corp., Order andAuthorization, 13 FCC Red. 12316 at 12318, [ 8 (1998).

factors are adversely affected.""" This includes permitting fleet reconfigurations designed to meet demands for capacity outside the United States.‘‘ Indeed, only a few months ago, the Commission granted two modification requests to operate U.S.—licensed satellites pursuant to non—U.S. ITU filings and assignments."" Here, aside from the general public interest benefits described above, grant of this application will enable an American company to leverage its resources to expand its service offering to Brazil. This will provide another potential avenue for U.S. programming to reach an audience in South America. At the same time, there are no countervailing public interest considerations. No customers will be negatively affected by the relocation, as the service currently provided from EchoStar 15 will first be transferred to QuetzSat—1, once that satellite arrives at the nominal 61.5° W.L. orbital location and prior to the departure of EchoStar 15. Nor will the grant of the requested modification cause harmful interference to any authorized user of the spectrum. During EchoStar 15s operations at 44.9° W.L., EchoStar will follow standard industry practices for coordination of TT&C transmission to ensure that operations do not cause harmful interference to any nearby satellite. See SES Americom, Inc., Order and Authorization, 21 FCC Red. 3430, 3433 [ 8 (2006) (citing Amendment of the Commission‘s Space Station Licensing Rules and Policies, Second Report and Order, 18 FCC Red. 12507, 12509 «[ 7 (2003)). See Intelsat North America LLC, Stamp Grant, File No. SAT—T/C—20100112—00009 (granted July 30, 2010); PanAmSat Licensee Corp., Stamp Grant, File No. SAT—MOD—20080225—00051 (granted July 22, 2008). 2 SES Americom, Inc., Stamp Grant, File No. SAT—MOD—20111025—00209 (granted Feb. 24, 2012) (requesting modification of its authorization for AMC—2 to provide service exclusively into Sweden pursuant to a Swedish ITU filing); Intelsat License LLC, Stamp Grant, File No. SAT—MOD—20110420—00073 (granted Mar. 3, 2012) (requesting modification of its authorization for the Galaxy 26 satellite to provide service to the Middle East pursuant to a Turkish ITU filing).

As the administration under whose frequency reservation EchoStar 15 will be operating, Brazil is the responsible administration for coordination. Appendix 1 of the referenced Technical Appendix demonstrates that EchoStar 15 can opérate at 44.9° W.L. without causing unacceptable interference to any Region 2 Plan network as well as to any operational BSS network, and that it can operate without exceeding the power—flux density limits under Appendix 30/30A for any FSS satellites operating in Regions 1 or 2. Further, while Holland and Russia have filed modifications for the ITU Region 2 BSS Plan for satellite systems within 9 degrees of 44.9° W.L., EchoStar can find no evidence that these satellite systems are under construction and progressing towards launch. EchoStar will be operating the EchoStar 15 satellite at 44.9° W.L. pursuant to Brazil‘s ITU AP30/30A Region 2 BSS Plan allotment and subsequently filed plan modifications for the nominal 45° W.L. orbital location and pursuant to Section 4.4 of the ITU Radio Regulations. EchoStar has obtained all necessary authority from Anatel." III. OPERATIONAL PARAMETERS During operation of EchoStar 15 at 44.9° W.L., EBC will communicate with the satellite subject to the following conditions: 1. TT&C and feeder link operations at 44.9° W.L. shall be on a non—harmful interference basis, meaning that EchoStar 15 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 44.9° W.L., EchoStar 15 shall cease operations immediately upon notification of such interference and the Commission will be informed immediately, in writing, of such event. " See File No. SAT—MOD—20120814—00130, Narrative 5—6 (filed Aug. 14, 2012).

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, 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 byllicense or otherwise. V. CONCLUSION For the foregoing reasons, EBC respectfully requests grant of the requested 60—day STA to perform TT&C and feeder—link operations with EchoStar 15 at the 44.9° W.L. orbital location. Respectfully submitted, Is/ 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 October 22, 2012


Document Created: 2012-12-03 14:31:50
Document Modified: 2012-12-03 14:31:50
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