Attachment SESSTA2012102200959.

SESSTA2012102200959.

DECISION submitted by ECHOSTAR HOLDING PURCHASING COPORATION

STA GRANT WITH CONDITIONS

0000-00-00

This document pretains to SES-STA-20121022-00959 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2012102200959_978353

   E980005       SES—STA—20121022—00959       182012002462
    EchoStar Holding Purchasing Corporation

                                                                                                             Approved by OMB
                                                                                                                     3060—0678

                               222 — avaxa xvair x varn zran [H 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 E980005 with, and Provide TT&C for EchoStar 15 during relocation to the
44.9 W.L. orbital location.
 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




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                                                                             feeng    5%3%_B§Q& Grant Date _ \}_—?\\—_\}\


Applicant: ECHOSTAR HOLDING PURCHASING CORPORATION (EchoStar)
File Number: SES—STA—20121022—00959
Call Sign: E980005


EchoStar is authorized, for a period of 30 days, to perform telemetry, tracking, and control
("TT&C") functions 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—00749.

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.




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2. Contact


             Name:          Pantelis Michalopoulos               Phone Number:                        202—429—6494
             Company:       Steptoe & Johnson LLP                Fax Number:                          202—429—3902
             Street:         1330 Connecticut Ave. NW            E—Mail:                              pmichalopoulos@steptoe.com


             City:           Washington                          State:                               DC
             Country:       USA                                  Zipcode:                             20036       —1795
             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 SESMFS2012081500749 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         {} Noncommercial educational licensee
g;4 Other(please explain):

4b. Fee Classification     CGX — Fixed Satellite Transmit/Receive Earth Station

5. Type Request


[®)   Use Prior to Grant                           Lt   Change Station Location                       @   Other


6. Requested Use Prior Date


7. CityCheyenne                                                             8. Latitude
                                                                            (dd mm ss.s h)   41   7   56.4    N


9. State   WY                                                              10. Longitude
                                                                           (dd mm ss.s h)     104   44    10.4   W
11. Please supply any need attachments.
Attachment 1: Narrative                           Attachment2:                                       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 30—day Special Temporary Authority to operate
     its transmit/receive earth station,                    E980005,       to provide TT&C during its relocation to 45
    W.L.     See attached 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
  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).


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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 30—day Special                    Call Sign E980005
  Temporary Authority to Perform TT&C
  During Relocation of EchoStar 15 to               File No. SES—STA—
  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 30—day special temporary authority ("STA"), pursuant to Section

25.120(b)(4) of the Commission‘s Rules, 47 C.F.R. § 25.120(b)(4), to use five ofits earth

stations (Call Signs E0O70014, EO80007, E980005, EO020248, and EO8120) to provide telemetry,

tracking, and control ("TT&C") during the relocation of the EchoStar 15‘ Broadcasting—Satellite

Service ("BSS") satellite to the 44.9° W.L. orbital location, beginning on the date on which all

traffic is successfully transitioned from EchoStar 15 to QuetzSat—1 at the nominal 61.5° W.L.

orbital location."




‘ 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.
> EBC requests STA to use all TT&C 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,


 I.     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

 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.




 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 EO020248, File
 No. SES—MOD—20110608—00671 (granted July 29, 2011); Call Sign EO80120, File No. SES—
 MFS—20111101—01284 (granted Dec. 19, 2011) (and with the amendment proposed by File No.
 SES—MFS—20120906—00798).
 * See Peter B. de Selding, Proton—M Rocket Lofts 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, filed 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).

 6 See File No. SES—STA—20120926—00852 (filed Sept. 26, 2012).


       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




‘ 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 and Authorization, 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 pursuarit 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 15°s 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 4| 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).

  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 operate 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 relocation maneuvers of EchoStar 15 to the 44.9° W.L. orbital location, all

transponders other than the TT&C transponders will be switched off, and EBC will operate the

satellite subject to the following conditions:

        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.




* 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 by license or otherwise.

v.     CONCLUSION

       For the foregoing reasons, EBC respectfully requests grant of the requested 30—day STA

beginning on the date on which all traffic is successfully transitioned from EchoStar 15 to

QuetzSat—1 at the nominal 61.5° W.L. orbital location, so that it can immediately relocate

EchoStar 15 to 44.9° W.L.

                                                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: 2012-12-14 15:18:28
Document Modified: 2012-12-14 15:18:28

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