Attachment Exhibit 1

This document pretains to SES-STA-20170717-00767 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2017071700767_1248785

EXHIBIT 1 DESCRIPTION OF PROPOSED SPECIAL TEMPORARY OPERATIONS (Response to Earth Station STA Form, Question 8) Pursuant to 47 C.F.R. § 25.120(b), EchoStar Operating L.L.C. (together with its affiliates, “EchoStar”) requests 30-day special temporary authority (“STA”), commencing on July 20, 2017, to operate two additional earth stations in Cheyenne, Wyoming (Call Sign E980005) and Gilbert, Arizona (Call Sign E070014) for telemetry, tracking, and control (“TT&C”) communications on the following frequencies during EchoStar 3’s temporary move and operations at 86.85º W.L.: 1 EchoStar 3 EchoStar 3 Uplink Frequencies Downlink Frequencies TC1: 17.3015 GHz TM1: 12.201 GHz TM2: 12.203 GHz TM3: 12.699 GHz Under STA (and subject to STA renewal), EchoStar 3 will operate at 86.85º W.L. for a brief period of approximately three to four months, in accordance with the United Kingdom’s filings with the International Telecommunication Union (“ITU”) for the USAT-S3 MOD-C and USAT-S3 MOD-D networks. Following such temporary operations, EchoStar will commence maneuvers to deorbit the satellite. 1 EchoStar currently holds STAs to (i) move and operate the EchoStar 3 satellite (Call Sign S2741) at 86.85º W.L. for a brief period; and (ii) operate three earth stations in Blackhawk, South Dakota (Call Signs E020248 and E150098) and Gilbert, Arizona (Call Sign E010242) for TT&C communications during EchoStar 3’s temporary move and operations. See IBFS File No. SAT- STA-20170626-00098 (granted June 29, 2017); IBFS File Nos. SES-STA-20170626-00686 et al. (granted June 30, 2017). 1

I. BACKGROUND Launched in 1998, the EchoStar 3 satellite is capable of operating in the 17.3-17.8 GHz BSS feeder uplink (ITU Appendix 30A) and the 12.2-12.7 GHz BSS downlink (ITU Appendix 30) bands. Until just a few years ago, EchoStar 3 provided capacity for service (via DISH Network Corporation) to millions of satellite television subscribers. The satellite currently operates as an in-orbit spare at 61.8º W.L. under STA. 2 In 2008, the Commission extended EchoStar 3’s license term for an additional 10 years. 3 EchoStar has placed EchoStar 3 in an inclined orbit in the north-south direction to extend the useful life beyond its current license period, set to expire in 2018. 4 To accommodate the needs of its customer and development partner, SES Satellites (Gibraltar) Ltd. (“SES”), EchoStar seeks to move and operate EchoStar 3 at 86.85º W.L. on an STA basis for a brief period of approximately three to four months. SES currently operates NIMIQ-1, a Canadian-licensed Ku-band BSS satellite, on a regular basis at 86.5º W.L. in accordance with the United Kingdom’s ITU filings for the USAT-S3 MOD-C and USAT-S3 MOD-D networks, but seeks to operate the satellite on a temporary basis, requiring it to obtain capacity from another satellite to replace that currently offered by NIMIQ-1. Consequently, EchoStar has agreed, subject to obtaining FCC and other required regulatory approvals, to move and operate EchoStar 3 at 86.85º W.L. for a brief period of a few months to provide capacity currently offered by NIMIQ-1. 2 See EchoStar, Stamp Grant, IBFS File No. SAT−STA−20161207−00126 (Jan. 26, 2017); see also EchoStar, Stamp Grant, IBFS File No. SAT-STA-20140106-00003 (Jan. 26, 2014). 3 See EchoStar, Stamp Grant, IBFS File No. SAT-MOD-20071212-00173 (April 3, 2008). 4 See Letter from Jennifer A. Manner, EchoStar, to Marlene H. Dortch, Secretary, FCC, IBFS File Nos. SAT-MOD-20120301-00033 et al. (July 16, 2014) (noting commencement of EchoStar 3’s inclined orbit operations). 2

Upon completion of NIMIQ-1’s temporary operations, EchoStar 3 will no longer be required to provide replacement capacity for existing NIMIQ-1 services, and EchoStar intends to seek additional STA authority, to the extent required, to deorbit EchoStar 3. II. THE PROPOSED STA OPERATIONS WILL SERVE THE PUBLIC INTEREST The proposed STA operations at 86.85° W.L. will offer substantial public interest benefits. As an initial matter, the Commission has a longstanding policy of leaving fleet management decisions to satellite operators because doing so generally serves the public interest. Specifically, the Commission has determined that the satellite licensee “is in a better position to determine how to tailor its system to meet the particular needs of its customers.” 5 Thus, the Commission “will generally grant a [satellite] licensee’s request to modify its system, provided there are no compelling countervailing public interest considerations.” 6 Consequently, the proposed STA operations at 86.85º W.L. will serve the public interest by allowing EchoStar the flexibility to determine how best to meet the needs of its customers. 7 At the same time, as noted in Section III below, EchoStar 3 will operate under the requested STA on an unprotected, non- harmful interference basis, thus ensuring no harmful interference to other authorized services. 5 AMSC Subsidiary Corporation, 13 FCC Rcd 12316, ¶ 8 (IB 1998). 6 Id.; see also SES Americom, Inc., 21 FCC Rcd. 3430, 3433 ¶ 8 (2006) (FCC “generally has allowed satellite operators to rearrange satellites in their fleet to reflect business and customer considerations where no public interest factors are adversely affected”). 7 See supra nn.6 and 7; see also EchoStar STA Order ¶ 8 (“assessment of the motivation of [satellite] operators … does not provide an appropriate basis for determining whether an STA would serve the public interest); SES Americom ¶ 12 n.39 (FCC consideration of “incidental effect” resulting from STA operations is “irrelevant to our public interest determination”). 3

III. OPERATIONAL PARAMETERS EchoStar 3’s STA operations at 86.85º W.L. will be subject to the conditions typically imposed on U.S.-licensed satellites operating under STA in accordance with non-U.S. ITU filings. These conditions include the following: 1. All authorized operations will be on an unprotected and non-harmful interference basis (i.e., EchoStar 3 will not cause harmful interference to, and will not claim protection from interference caused to it by, any other lawfully operating station). In the event of any harmful interference, EchoStar will cease operations immediately upon notification of such interference and will immediately inform the Commission in writing of such an event. 2. EchoStar will maintain full operational control of EchoStar 3 at all times. 3. EchoStar will maintain EchoStar 3 at 86.85º W.L. with an east-west longitudinal station-keeping tolerance of +/-0.05 degree. 4. In connection with the provision of service in any particular country, EchoStar will comply with the applicable laws, regulations, rules, and licensing procedures of that country. 5. During drift operations, all transponders other than TT&C transponders will be turned off. 4


Document Created: 2017-07-17 16:53:04
Document Modified: 2017-07-17 16:53:04
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC