Attachment 20130201153427.pdf

20130201153427.pdf

DECISION submitted by IB/FCC

Grant

2013-01-28

This document pretains to SES-STA-20121203-01060 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2012120301060_984521

E080120 SES—STA—20121203—01060 182012002774 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 8 During Relocation to, and Operations at, 76.90 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 2 Attention: Ms Alison Minea 16 3 & dfi%s mJ /{M C,D/\k/;fib‘/\).j' C | File#5325—S57A—mMdr2(203—010ge | callsign&Set:® I\ (ar nthar Of/@?/az‘fg 1 1 VCE 1 UHCT} own y m «n C | Fromo1fag / 8 CLiM K 7.cofs ¢/as €

Conditions of Grant Applicant: ECHOSTAR HOLDING PURCHASING CORPORATION (EchoStar) Call Signs: E980174, EO80058, E080120, E980180 File Numbers: SES—STA—20121203—01057 SES—STA—20121203—01058 SES—STA—20121203—01060 SES—STA—20121203—01061 EchoStar is authorized, for a period of 30 days, to perform telemetry, tracking, and control (TT &C) and feeder link communications for the EchoStar 8,(Mexican licensed) satellite at the 76.90° 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. Operation under this grant of special temporary authority must be on an unprotected and non—harmful interference basis, i.e., while operating under this temporary authority EchoStar must not cause harmful interference to, and must not claim protection from interference caused to it by, any other lawfully operating radiocommunication system. EchoStar must cease operations immediately upon notification of such interference and must immediately inform the Commission, in writing, of such an event. 2. Grant of this authorization is without prejudice to any determination that the Commission may make regarding related EchoStar pending applications. 3. Grant of this authorization is without prejudice to any enforcement action. 4. Any action taken or expense incurred as a result of operations pursuant to this STA is solely at EchoStar‘s 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. Petitions for reconsideration under Section 1.106 or applications for review under Sections 1.115 of the Commission‘s rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within thirty days of the date of the public notice indicating that this action was taken. _ . P ° 525. 37A onstans.vroke abhov file# See anscnmmemsunimmens 7 C E080 126 Call Signfee aém/g Grant Date 4’4‘7.{(:’0 13 (or other identifict) Term Dates

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). ¢4 Governmental Entity ¢3 Noncommercial educational licensee C Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request gy Use Prior to Grant g3 Change Station Location & 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 8 satellite during relocation to, and operations at, 76.90 W.L. 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@fcec.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—MFS—2012____— ) File No. SES—STA—2012____— ) Call Sign E080058 In the Matter of ) ) File No. SES—MFS—2012____— ECHOSTAR BROADCASTING CORPORATION ) File No. SES—STA—2012____— ) Call Sign E980174 Applications for Special Temporary ) Authority and Modification to Operate Four ) File No. SES—MFS—2012____— Transmit/Receive Earth Stations with ) File No. SES—STA—2012____— EchoStar 8 at 76.90° W.L. ) Call Sign E980180 ) ) File No. SES—MFS—2012____—_____ ) File No. SES—STA—2012____—_____ ) Call Sign E080120.\/ APPLICATIONS FOR MODIFICATION AND SPECIAL TEMPORARY AUTHORITY By this Application, and pursuant to Sections 25.117 and 25.120(b)(4) of the Commission‘s rules,] beginning on or about December 11, 2012, EchoStar Broadcasting Corporation ("EBC" and collectively with its affiliates, "EchoStar") requests the following: (1) 30—day special temporary authority ("STA") to operate three transmit/receive earth stations (Call Signs EQ80058, £E980174, and E980180) to provide telemetry, tracking, and control ("TT&C") and feeder link communications during the relocation of the EchoStar 8 satellite to, and operations at, a new location within the 77° W.L. orbital cluster, 76.90° W.L., and to communicate with the satellite once at its new location; (2) 30—day STA to operate one transmit/receive earth station (Call Sign E0O80120) to provide TT&C during the relocation of EchoStar 8 to, and operations at, 76.90° W.L.; (3) modification ofits authority to operate three ! See 47 CF.R. §§ 25.117, 25.120(b)(4).

transmit/receive earth stations (Call Signs E080058, E980174, and E980180) to provide TT&C and feeder link communications once EchoStar 8 has been relocated to 76.90° W.L.; and (4) modification of its authority to operate one transmit/receive earth station (Call Sign E0O80120) to provide TT&C communications once EchoStar 8 has been relocated to 76.90° W.L. EchoStar plans to direct the move of the QuetzSat—1 satellite from the 61.5° W.L. orbital location 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. L. 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. Currently, EchoStar 8 at 77° W.L., as backed up by EchoStar 1 and EchoStar 6, 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 because they will ensure the continued safe operation of EchoStar 8 at the nominal 77° W.L. orbital location as the satellite is moved to

accommodate the pending arrival of QuetzSat—1. During relocation to and operations at 76.90° W.L., EchoStar will ensure that operations do not cause harmful interference to any other satellite. III. OPERATIONAL PARAMETERS During relocation maneuvers and maintenance of EchoStar 8 at the 76.90° W.L. orbital location, the earth station and satellite will operate subject to the following conditions: 1. All drift orbit TT&C and feeder link operations will be coordinated with other potentially affected in—orbit operators. 2. Drift operations and operations at 76.90° W.L. shall be on a non—harmful interference basis, meaning that EchoStar 8 shall not cause interference to, and shall not claim protections from, interference caused to it by any other lawfully operating satellites. 3. In the event that any harmful interference is caused as a result of TT&C or feeder link operations during the relocation of the EchoStar 8 satellite or while the satellite is at 76.90° W.L., EchoStar 8 shall cease the offending 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, beginning on or about December 11, 2012, to operate three transmit/receive earth stations (Call Signs EO80058, E980174, and E980180) to provide TT&C > and feederlink service during the relocation to, and operations of, EchoStar 8 at 76.90° W.L. and to operate one transmit/receive earth station (Call Sign E0O80120) to provide TT&C service for

the relocation to, and operations of, EchoStar 8 at 76.90° W.L. EBC also respectfully requests the grant of its application for modification of its authority to operate the three transmit/receive earth stations (Call Signs E080058, E980174, and E980180) to provide TT&C and feeder link service for EchoStar 8 at 76.90° W.L. and to operate one transmit/receive earth station (Call Sign E080120) to provide TT&C service for EchoStar 8 at 76.90° 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


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Document Modified: 2019-05-30 21:43:36
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