Attachment SESSTA2012120301056.

SESSTA2012120301056.

DECISION submitted by IB/FCC

STA GRANT

2012-12-28

This document pretains to SES-STA-20121203-01056 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2012120301056_980928

E080120 SES—STA—20121203—01056 1B2012002763 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: Application for Special Temporary Authority to Operate Call Sign E080120 to Provide TT&C Communications for EchoStar 6 During Relocation to, and Operations at, 76.80 W.L. 1. Applicant Name: EchoStar Holding Purchasing Phone Number: 202—293—098 1 Corporation + DBA Name: Fax Number: Street: PO Box 2390 E—Mail: City: Germantown State: MD Country: USA Zipcode: 20875 — Attention: Ms Alison Mincea 4 4 4 0 dargs [ " Filesg SES—STA L014 1008 —Adlost EO80I$0 blay(30(e fi.—;.u:mnmrrmmmmmemmmnn m '4;7/2’@25 %&{;@(3

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 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). q4 Governmental Entity g4 Noncommercial educational licensee C3 Other(please explain): 4b. Fee Classification —CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request g34 Use Prior to Grant C3 Change Station Location y Other 6. Requested Use Prior Date 7. CityCheyenne 8. Latitude (dd mm ss.s h) 41 7 54.4 N

9. State WY 10. Longitude (dd mm ss.s h) 104 44 13.0 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 Special Temporary Authority to operate its transmit/receive earth station to provide TT&C for the EchoStar 6 satellite during relocation to, and operations at, 76.80 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 N/ N/ N Nt Nt Nt Nt Ne Ne Nt Ne N In the Matter of File No. SES—STA—2012____— Call Sign E080120 ECHOSTAR BROADCASTING CORPORATION File No. SES—STA—2012____— Applications for Special Temporary Call Sign E020306 Authority to Operate Three Transmit/Receive Earth Stations with File No. SES—STA—2012____—____ EchoStar 6 at 76.80° W.L. Call Sign E070273 APPLICATIONS FOR SPECIAL TEMPORARY AUTHORITY By this Application, and pursuant to Section 25.120(b)(4) of the Commission‘s rules,‘ beginning on or about December 2, 2012, EchoStar Broadcasting Corporation ("EBC" and collectively with its affiliates, "EchoStar") requests 30—day special temporary authority ("STA") to operate three transmit/receive earth stations (Call Signs EO80120, E020306, and EO70273) to provide telemetry, tracking, and control ("TT&C") to the EchoStar 6 satellite during a move to a new location within the 77° W.L. orbital cluster, 76.80° W.L., and to provide TT&C for the satellite once at its new location. EchoStar 6 arrived at the 76.95° W.L. orbital location on February 13, 2011, and began providing service on February 14, 2011. The relocation was prompted by a single event upset ! See 47 C.F.R. § 25.120(b)(4). * See Stamp Grant, File Nos. SAT—STA—20110207—00026 (granted Feb. 11, 2011); SAT— STA—20110225—00036 (granted Mar. 1, 2011); SAT—STA—20110401—00067 (granted Apr. 7, 2011); SAT—STA—20110608—00104 (granted June 14, 2011).

("SEU") that temporarily affected the EchoStar 8 satellite." On March 14, 2011, EchoStar filed an application to transfer EchoStar 6 to QuetzSat, S. de R.L. de C.V. ("QuetzSat"), intending to operate the satellite under Mexican authority from the 76.95° W.L. orbital location.‘ EchoStar also filed an application ("Blanket Earth Station Application") to modify its blanket earth station authorization to receive service from the Mexican—licensed EchoStar 6 satellite." After consultation with the Commission and in light of the satellite‘s limited remaining life, EchoStar concluded that the reflagging was no longer necessary and withdrew its reflagging application.® The Mexican concessionaire for the 77° W.L. orbital location has informed COFETEL of this plan, and EchoStar understands that COFETEL has no objection to the continued operations of the EchoStar 6 satellite in the 77° W.L. cluster under Commission authority. EchoStar plans to direct the move of the QuetzSat—1 satellite to 77.05° W.L. beginning in December 2012. In anticipation of this move, EchoStar seeks to move EchoStar 6 from 76.95° W.L. to 76.80° W.L. and to move EchoStar 8 from 77.05° W.L. to 76.90° W.L. * See Letter from Petra A. Vorwig, Counsel for EchoStar Corporation, to Marlene H. Dortch, Secretary, FCC, filed in File No. SAT—T/C—20090217—00026 (Feb. 1, 2011). * See File No. SAT—T/C—20110314—00054 (filed Mar. 14, 2011). That application was filed subject to the then—pending pro forma assignment of the satellite to EchoStar Satellite Operating Corporation. See File No. SAT—ASG—20110224—00033 (granted Apr. 21, 2011). ° See File No. SES—MFS—20110314—00288 (filed Mar. 14, 2011) ("Blanket Earth Station Application"); see also File Nos. SES—MFS—20110314—00291, SES—MFS—20110314—00290, SES— MFS—20110314—00289 (filed Mar. 14, 2011) (requesting modifications to the referenced earth station licenses). These applications were filed subject to the then—pending proposed pro forma assignment of the earth station licenses to EBC. These pro forma assignments were consummated on May 26, 2011. See Letter from Pantelis Michalopoulos, Counsel for EchoStar Corporation and EchoStar Broadcasting Corporation, to Marlene H. Dortch, Secretary, FCC, File Nos. SES—ASG—20110228—00561, SES—ASG—20110228—00562, SES—ASG—20110228—00554 (June 3, 2011). ° See File No. SES—STA—20120924—00153 (filed Sept. 24, 2012).

1. BACKGROUND The nominal 77° W.L. orbital location is allotted to Mexico under the Region 2 Broadcasting—Satellite Service plan set forth in Appendices 30 and 30A to the International Radio Regulations. In addition to the EchoStar 6 satellite, two other EchoStar Direct Broadcast Satellites ("DBS") currently operate at the nominal 77° W.L. orbital location under Mexican authority issued to EBC‘s partner, QuetzSat: EchoStar 1 and EchoStar 8. EchoStar 8 is used by EchoStar‘s customers, DISH Network L.L.C. ("DISH") and DISH Mexico, to provide DBS service in the United States and Mexico, and EchoStar 6 and EchoStar 1 provide backup to the United States and Mexico services, respectively. The U.S. service includes local—into—local programming in a number of markets in the southern United States. EchoStar 6, operating with EchoStar 1 and EchoStar 8 at 77° W.L., provides sufficient capacity to avoid service disruptions from that slot in the event any of the satellites experience a problem. IL. GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST These applications are in the public interest for the reasons set forth in the Satellite STA Application‘ and the Blanket Earth Station Application, which are incorporated herein by reference. Furthermore, grant of these applications will ensure the continued safe operation of EchoStar 6 at the nominal 77° W.L. orbital location as the satellite is moved to accommodate the pending arrival of QuetzSat—1. III. OPERATIONAL PARAMETERS During relocation maneuvers and maintenance of EchoStar 6 at the 76.80° W .L. orbital location, the earth station and satellite will operate subject to the following conditions: " See Stamp Grant, File No. SAT—STA—20110525—00098 (granted May 27, 2011) (granting EBC‘s sister company, EchoStar Satellite Operating Corporation, STA to operate the EchoStar 6 satellite at 76.95° W.L.) ("‘Satellite STA Application").

._ During the drift to the 76.80° W.L. orbital location, and while maintaining an orbit at that location, EchoStar shall not operate the main communications payload on EchoStar 6. ._ All drift orbit TT&C operations will be coordinated with other potentially affected in— orbit operators. . Drift operations and operations at 76.80° W.L. shall be on a non—harmful interference basis, meaning that EchoStar 6 shall not cause interference to, and shall not claim protections from, interference caused to it by any other lawfully operating satellites. ._ In the event that any harmful interference is caused as a result of TT&C operations during the relocation of the EchoStar 6 satellite or while the satellite is at 76.80° W.L., EchoStar 6 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, EBC 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 respectfully requests the grant of its application for special temporary authority to operate three transmit/receive earth stations (Call Signs EQ80120, EQ020306, and E0O70273) to provide TT&C service during the relocation to and operation of EchoStar 6 at 76.80° W.L.

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, NW Washington, D.C. 20005 Washington, D.C. 20036 (202) 293—0981 (202) 429—3000 Counselfor EchoStar Broadcasting Corporation December 3, 2012


Document Created: 2013-01-10 16:28:35
Document Modified: 2013-01-10 16:28:35
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