Attachment 20130521164922.pdf

20130521164922.pdf

DECISION submitted by IB/FCC

STA Grant

2013-05-08

This document pretains to SES-STA-20130502-00366 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2013050200366_997652

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                            APPLICATION FOR EARTH STATION SPECIAL TEMPORARY AUTHORITY

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APPLICANT INFORMATIONEnter a description of this application to identify it on the main menu:
E070014; Request STA for EchoStar 15 relocation to, and operations at, 45.1 WL
 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:


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Applicant: EchoStar Broadcasting Corporation
Call Signs:   File Numbers:
E080120       SES—STA—20130502—00365
EO70014       SES—STA—20130502—00366
E080007       SES—STA—20130502—00367
E020248       SES—STA—20130502—00368
E980005       SES—STA—20130502—00369

EchoStar Broadcasting Corporation is granted special temporary authority from May 8, 2013 to July
6,2013, to operate a above fixed earth station to conduct telemetry, tracking, and command (TT&C)
operations necessary to drift EchoStar 15 (S$2811) from its currently authorized orbital location of 61.5°
W.L. to the 45.1° W.L. orbital location, and to maintain EchoStar 15 at 45.1° W.L., using the following
center frequencies: 17.7915 GHz and 17.7935 GHz (Earth—to—space); and 12.6920 GHz, 12.6930 GHz,
12.6945 GHz, and 12.6985 GHz (space—to—Earth)."" EchoStar is also authorized to provide Broadcasting—
Satellite Service (BSS) on a temporary basis via EchoStar 15 at 45.1° W.L. in the 12.2—12.7 GHz (space—
to—Earth) and 17.3—17.8 GHz (Earth—to—space) frequency bands. Operations under this authorization are
subject to the terms, conditions, and technical specifications set forth in EchoStar‘s application and the
Federal Communications Commission‘s rules, and are subject to the conditions set forth below.

         1.   All operations under this grant of special temporary authority must be on an unprotected and
non—harmful interference basis. EchoStar must not cause harmful interference to, and must not claim
protection from interference caused to it by, any other lawfully operating radio communication system.

        2. In the event EchoStar‘s operations under this grant of special temporary authority
cause harmful interference to any other lawfully operating radio communication system, EchoStar must
cease operations immediately upon notification of such interference and must immediately inform the
Commission, in writing, of such an event.

         3. EchoStar must coordinate operations of EchoStar 15 with existing geostationary space
stations to ensure that no unacceptable interference results from its operations at the 45.1° W.L. orbital
location or during the drift to the 45.1° W.L. orbital location.

        4. EchoStar must operate only the TT&C frequencies on EchoStar 15 during the drift from the
61.5° W.L. orbital location to the 45.1° W.L. orbital location.

        5. EchoStar must maintain the EchoStar 15 space station with an east/west longitudinal station—
keeping tolerance of +/— 0.05 degrees of the 45.1° W.L. orbital location.

         6.   This authorization is issued with the understanding that, to the extent EchoStar and its
affiliated companies, pursuant to any arrangement with the Brazilian Administration, conforms its
operations to any parameters agreed to in coordination agreements between the Brazilian Administration
and other Administrations, responsibility for both compliance with, and enforcing compliance with, those
arrangements and agreements is a matter that would arise under private law.



! The Commission previously authorized EchoStar to relocate EchoStar 15 to, and operate it at, the 44.9° W.L.
orbital location, instead of its current authorized location of 61.5° W.L. See IBFS File Nos. SAT—STA—20121022—
00185 (granted Nov. 19, 2012) and SAT—MOD—20120814—00130 (granted Dec. 13, 2012). EchoStar did not,
however, relocate EchoStar 15 from the 61.5° W.L. EchoStar now states that permanent operations of EchoStar 15
are intended to take place at the 45.1° W.L. orbital location, rather than at previously authorized location of 44.9 °
W.L. See Narrative at 2.


          7. The United States remains the licensing administration of the EchoStar 15 space station and
its communications payloads for purposes of International Telecommunication Union (ITU) Radio
Regulation 18.1 and is the administration responsible for the operations of EchoStar 15. The U.S.
Administration will not object to use of the EchoStar 15 satellite by the Brazilian Administration for
claiming bringing into use or continuing the use of orbital assignments at 45.1° W.L. This grant does not
in any way express a view concerning, or agreement as to, the validity or lack of validity of any ITU
filing at or within the vicinity of the 45.1° W.L. orbital location.

       8. In connection with the provision of service in any particular country, EchoStar is obliged to
comply with the applicable laws, regulations, rules, and licensing procedures of that country.

       9. Any action taken or expense incurred as a result of operations pursuant to this grant of special
temporary authority is at EchoStar‘s own risk.

       10. Grant of this authorization is without prejudice to any determination that the Commission
may make regarding IBFS File No. SAT—MOD—20130503—00066 and IBFS File Nos. SES—MFS—
20130503—00359, SES—MFS—20130503—00360, SES—MFS—20130503—00361, SES—MFS—20130503—00362,
SES—MOD—20130503—00364 .

         11. 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.
                                                                                              4

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                                   Before the
                      FEDERAL COMMUNICATIONS COMMISSION
                                      Washington, D.C. 20554

                                                       File No. SES—STA—
In the Matter of                                       Call Sign E070014

ECHOSTAR BROADCASTING                                  File No. SES—STA—
CORPORATION                                            Call Sign E080007

Application for 60—day Special                         File No. SES—STA—
Temporary Authority to Relocate the                    Call Sign E980005
EchoStar 15 Satellite to, and Operate It
at, the Nominal 45° W.L. Orbital                       File No. SES—STA—
Location                                               Call Sign E020248

                                                       File No. SES—STA—
                                                       Call Sign EO80120




               APPLICATION FOR SPECIAL TEMPORARY AUTHORITY

       EchoStar Broadcasting Corporation ("EchoStar Broadcasting," and with its affiliates,

"EchoStar") requests 60—day special temporary authority ("STA"), pursuant to Section

25.120(b)(4) of the Commission‘s Rules,‘ to use five of its earth stations (Call Signs EO70014,

E080007, E980005, E020248, and EQ8120) to provide telemetry, tracking, and control

("TT&C") during the relocation of the EchoStar 15 Broadcasting—Satellite Service ("BSS")

satellite to the nominal 45° W.L. orbital location and to perform TT&C and feeder link

operations with the satellite at that location."



! 47 C.F.R. § 25.120(b)(4).
 EchoStar Broadcasting requests STA to use all frequencies currently authorized for each earth
station. See Call Sign EO70014, File No. SES—MFS—20120815—00748 (granted Feb. 27, 2013);
Call Sign EQO80007, File Nos. SES—MFS—20110419—00464, SES—AFS—20120214—00170 (granted
Feb. 28, 2012); Call Sign E980005, File No. SES—MFS—20120815—00749 (granted Feb. 27,
2013); Call Sign EO20248, File No. SES—MOD—20120815—00750 (granted Dec. 28, 2012); Call
Sign E0O80120, File No. SES—MFS—20121203—01052 (granted Mar. 28, 2013). Should the
Commission decide that a 30—day STA is more appropriate in these circumstances, EchoStar will


1.      OVvVERVIEW

       In late 2012, the Commission authorized EchoStar to relocate EchoStar 15 to, and operate

it at, 44.9° W.L.* Today, EchoStar filed its notice as required by the relocation STA for that

move that it has successfully transferred all traffic from EchoStar 15 to EchoStar 16.

Accordingly, EchoStar holds today the authority, once it receives appropriate earth station

authority, to commence EchoStar 15°‘s move to, and operations at, the 45° W.L. cluster. Out of

an abundance of caution, in addition to its requests for earth station STA, EchoStar submits

today a request for satellite STA to allow relocation to the 45.1° W.L. orbital location instead of

the 44.9° W.L. location as originally requested and granted. Because our permanent operations

are now intended to take place at the 45.1° W.L. orbital location, our operational preference is to

position EchoStar 15, our interim satellite, at that orbital location.®

        As the Commission is aware, HNS Americas Comunicagdes Ltda. ("HNSA"), a wholly

owned, indirect subsidiary of EchoStar Corporation, ESOC‘s ultimate parent company, holds an




accept a 30—day STA in lieu of the requested 60—day authorization. Concurrent with this request,
EchoStar is also submitting a satellite STA request for relocation to, and initial operations at, the
45.1° W.L. orbital location. EchoStar will also soon file to modify the permanent authorizations
for EchoStar 15 and these earth stations to permit ongoing operations at the 45.1° W.L. orbital
location.
* See Stamp Grant, File No. SAT—STA—20121022—00185 (granted Nov. 19, 2012) (authorizing
relocation to 44.9° W.L. pursuant to STA); Stamp Grant, File No. SAT—MOD—20120814—00130
(granted Dec. 13, 2012) (authorizing operations at 44.9° W.L.).
* Stamp Grant, File No. SAT—STA—20121022—00185 Condition 10 (granted Nov. 19, 2012)
(providing a start date for the STA corresponding to the date that the transfer of all traffic from
EchoStar 15 to EchoStar 16 is complete). To continue to provide system redundancy at the 61.5°
W.L. orbital location, EchoStar will file an application seeking authority to move the EchoStar 8
satellite to the 61.5° W.L. cluster and to operate it there as an in—orbit spare.
° As the Commission is aware, EchoStar cannot operate at the 45.0° W.L. orbital location due to
an existing Fixed Satellite Service space station at that location.


                                                  19.


authorization to provide BSS services to Brazil from the nominal 45° W.L. orbital location.®

EchoStar has coordinated with Agéncia Nacional de Telecomunicagdes ("Anatel"), which

represents the administration of Brazil, on the precise location of operations within the cluster

and has submitted to Anatel materials for an ITU filing for the 45.1° W.L. operations.‘

       Since the 45.1° W.L. orbital location is the preferred operating location for EchoStar‘s

Brazilian BSS service operation, EchoStar requests that it be granted an STA to move EchoStar

15 to, and operate from, this location.

IL.    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 STAs where such an

authorization will serve the public interest, convenience, and necessity, and will not cause

harmful interference.© The requested relocation of EchoStar 15 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 ofits customers. Consequently the
               Commission will generally grant a licensee‘s request to modify its




© A certified translation of the Brazilian authorization is attached. See Exhibit 1, Term of Right
of Exploitation at 2 (referencing "45° W").
‘ Grant of the requested satellite STA would be without prejudice to the Commission‘s potential
action on EchoStar‘s outstanding application to launch and operate a Fixed Satellite Service
("FSS") satellite at the 45.1° W.L. orbital location. See File No. SAT—LOA—20120921—00152
(filed Sept. 21, 2012).
8 See, e.g., Columbia Communications Corp., Order, 11 FCC Red. 8639, 8640 (1996); Newcomb
Communications, Inc., Order and Authorization, 8 FCC Red. 3631, 3633 (1993); American
Telephone & Telegraph Co., Order, 8 FCC Red. 8742 (1993).


                                                —3 .L


               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

factors are adversely affected.""" This includes permitting fleet reconfigurations designed to

meet demands for capacity outside the United States."‘ Grant of this application is in the public

interest for the same reasons that grant of the original STAs to relocate the EchoStar 15 satellite

to the nominal 45° W.L. orbital location were in the public interest. Grant of this application

will enable an American company to leverage its resources to expand its service offering to

Brazil. Further, grant of this application provides a new potential avenue for U.S. programming

to reach an audience in Brazil, a significant South American market.

        Similarly, there are no countervailing public interest considerations. No customers will

be negatively affected by the relocation, as the customers previously serviced by EchoStar 15

have been transferred to EchoStar 16. Nor will grant cause harmful interference to any

authorized user of the spectrum. During EchoStar 15°s relocation to, and operations at, the

nominal 45° W.L. orbital location, EchoStar will follow standard industry practices for


° AMSC Subsidiary Corp., Order and Authorization, 13 FCC Red. 12316, 12318             8 (1998).
9 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 EchoStar Satellite Operating Corp., Stamp Grant, File No. SAT—MOD—20120814—00130
(granted Dec. 13, 2012) (granting modification of the authorization for EchoStar 15 to provide
service to Brazil); Intelsat License LLC, Stamp Grant, File No. SAT—MOD—20110420—00073
(granted Mar. 3, 2012) (granting modification of the authorization for the Galaxy 26 satellite to
provide service to the Middle East pursuant to a Turkish ITU filing); SES Americom, Inc., Stamp
Grant, File No. SAT—MOD—20111025—00209 (granted Feb. 24, 2012) (granting modification of
the authorization for AMC—2 to provide service exclusively into Sweden pursuant to a Swedish
ITU filing); 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).


coordination of TT&C and feeder link transmissions to ensure that operations do not cause

harmful interference to any nearby satellite and will abide by the operational parameters set forth

below.

III.     OPERATIONAL PARAMETERS

         During relocation maneuvers of EchoStar 15 to the nominal 45° W.L. orbital location, all

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

the satellite subject to the following conditions:

         1.     EchoStar shall coordinate all drift operations with other potentially affected in—
                orbit operators.

         2.     Drift operations shall be on a non—harmful interference basis, meaning that
                EchoStar shall not cause harmful interference to, and shall not claim protection
                from, harmful interference caused to it by any other lawfully operating satellites.

         3.     In the event that any harmful interference is caused as a result of relocation
                operations, EchoStar shall cease operations immediately upon notification of such
                interference and shall inform the Commission immediately, in writing, of such
                event.

         While EchoStar 15 is stationed at the nominal 45° W.L. orbital location, EchoStar will

operate the satellite in accordance with the following conditions:

         1.     Operations shall be on a non—harmful interference basis, meaning that EchoStar
                shall not cause harmful interference to, and shall not claim protection from,
                harmful interference caused to it by any other lawfully operating satellites
                operating within the parameters of applicable international coordination
                agreements.

         2.     In the event that any harmful interference is caused while the satellite is operating
                at the nominal 45° W.L. orbital location, EchoStar shall cease operations
                immediately upon notification of such interference and shall inform the
                Commission 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, EchoStar 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.

vV.    CONCLUSION

       For the foregoing reasons, EchoStar respectfully requests grant of the 60—day STA

beginning on May 8, 2013, so that it can immediately begin the relocation of EchoStar 15 to the

nominal 45° W.L. orbital location.




                                                Respectfully submitted,

                                                          Is/
                                                Pantelis Michalopoulos
                                                Stephanie A. Roy
                                                Steptoe & Johnson LLP
                                                1330 Connecticut Avenue, NW
                                                Washington, D.C. 20036
                                                (202) 429—3000                             —
                                                Counselfor EchoStar Broadcasting Corporation




May 2, 2013


2. Contact


             Name:          Pantelis Michalopoulos               Phone Number:                         202—429—6494
             Company:       Steptoe & Johnson LLP                Fax Number:                           202—429—3902
             Street:        1330 Connecticut Ave                 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).
C Governmental Entity        {} Noncommercial educational licensee
e Other(please explain):

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

5. Type Request


{ Use Prior to Grant                               (a Change Station Location                          @ Other



6. Requested Use Prior Date


7. CityGilbert                                                              8. Latitude
                                                                            (dd mm ss.s h)   33   22    0.8    N


9. State   AZ                                                              10. Longitude
                                                                           (dd mm ss.s h)     111   48    54.7   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.)
    Request STA to communicate with EchoStar 15 during relocation to 45.1 WL and once on
    station at 45.1 WL pending grant of permanent modification.




13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is               Yes        gy 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
  Pantelis Michalopoulos                           |                          Counsel to EchoStar Broadcasting Corporation
           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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Document Created: 2019-05-31 08:38:46
Document Modified: 2019-05-31 08:38:46

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