Attachment SESSTA2012111301010.

SESSTA2012111301010.

DECISION submitted by IB/FCC

STA GRANT

2012-12-27

This document pretains to SES-STA-20121113-01010 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2012111301010_980926

E020248 SES—STA—20121113—01010 182012002627 EchoStar Holding Purchasing 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: Renewal of 180—Day Special Temporary Authority to Operate Call Sign E020248 with, and Provide TT&C for, EchoStar 3 at 61.8 W. L. 1. Applicant Name: EchoStar Holding Purchasing Phone Number: 202—293—0981 Corporation DBA Name: Fax Number: Street: PO Box 2390 E—Mail: City: Germantown State: MD Country: USA Zipcode: 20875 — Attention: Ms Alison Minea ts mdirtiont Nom—protected arod momw—{wteeFekence basis, Files 5ES—S1R—£0(@{{t3—0({0(0 eoava4s l2laa {$012 0 darks

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 SESSTA2012042400387 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 J Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request gy 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 mmss.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 requests renewal of its 180—day Special Temporary Authority to operate its transmit/receive earth station to provide TT&C for the EchoStar 3 satellite at 61.8 W.L. See attached narrative. 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 A tA In the Matter of File No. SES—STA—20120424—00385 File No. SES—STA—2012 — a ECHOSTAR BROADCASTING CORPORATION Call Sign E010242 oAAA a a Applications for Special Temporary File No. SES—STA—20120424—00387 Authority to Operate EchoStar 3 as an In— File No. SES—STA—2012 — Orbit Spare at 61.8° W.L. Call Sign E020248 APPLICATIONS FOR RENEWAL OF SPECIAL TEMPORARY AUTHORITY By this Afiplication, and pursuant to Section 25.120(b)(2) of the Commission‘s rules,‘ EchoStar Broadcasting Corporation ("EBC," and collectively with its affiliates, "EchoStar") requests renewal of its special temporary authority ("STA") to operate two transmit/receive earth stations (Call Signs E010242 and EO020248) to provide only telemetry, tracking, and control ("TT&C") for the EchoStar 3 satellite at 61.8° W.L. for 180 days. The current STAs for each of the earth stations expire on December 26, 2012.2 1. BACKGROUND EchoStar is preparing to launch the EchoStar 16 satellite in November 2012, which will supplement the service DISH Network L.L.C. provides from 61.5° W.L. and ensure the continued full utilization of the DBS spectrum at that orbital location. In anticipation of this launch and the assumption of operations at 61.5° W.L. by EchoStar 16, EchoStar repositioned EchoStar 3 at 61.8° W.L. Operating at 61.8° W.L. as an in—orbit spare, EchoStar 3 remains in ! See 47 C.F.R. § 25.120(b)(2). 2 See Stamp Grant, File Nos. SES—STA—20120424—00385, Call Sign EO10242 (granted June 15, 2012); SES—STA—20120424—00387, Call Sign E020248 (granted June 15, 2012).

close proximity to the 61.5° W.L. nominal orbital location and available, if needed, for repositioning within the orbital cluster to provide service. II. THIS REQUEST IS IN THE PUBLIC INTEREST AND WILL NOT CAUSE HARMFUL INTERFERENCE The requested STAs are in the public interest for the same reason EchoStar was granted STA to operate EchoStar 3 as an in—orbit spare. Moreover, grant of this application will ensure safe station—keeping margins for each of the satellites that are located at the nominal 61.5° W.L. orbital location. Grant of this application will not cause harmful interference because EchoStar will operate the earth stations to conduct TT&C operations while EchoStar 3 is at 61.8° W.L. in accordance with the conditions imposed on the original STA grant.3 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, 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. IV. CONCLUSION For the foregoing reasons, EBC respectfully requests the grant of its application for renewal of its 180—day special temporary authority to operate two transmit/receive earth stations (Call Signs E010242 and EO020248) to provide TT&C service for EchoStar 3 at 61.8° W.L. * See Stamp Grant, File No. SES—STA—20120424—00384 (granted May 1, 2012); Stamp Grant, File No. SES—STA—20120424—00386 (granted May 1, 2012).

Respectfully submitted, Is/ Pantelis Michalopoulos Alison Minea Stephanie A. Roy Corporate Counsel Jessica I. Rothschild EchoStar Broadcasting Corporation Steptoe & Johnson LLP 1110 Vermont Avenue, NW, Suite 750 1330 Connecticut Avenue, N.W. Washington, D.C. 20005 Washington, D.C. 20036 (202) 293—0981 (202) 429—3000 Counselfor EchoStar Broadcasting Corporation November 13, 2012


Document Created: 2013-01-10 16:27:32
Document Modified: 2013-01-10 16:27:32
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