Attachment SESSTA2017071700768.

SESSTA2017071700768.

DECISION submitted by FCC

GRANT

0000-00-00

This document pretains to SES-STA-20170717-00768 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2017071700768_1260124

E070014 SES—STA—20170717—00768 182017001941 EchoStar Operating L.L.C. 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: Gilbert E070014 STA for TT&C Communications to Move EchoStar 3 1. Applicant Name: EchoStar Operating L.L.C. Phone Number: 301—428—5893 DBA Name: Fax Number: Street: 100 Inverness Terrace East E—Mail: City: Englewood State: CO Country: USA Zipcode: 80112 =— Attention: Jennifer Manner

Applicant: EchoStar Broadcasting Corporation Call Sign: E070014 File No.: SES—STA—20170717—00768 EchoStar Broadcasting Corporation (EchoStar) is granted special temporary authority (STA) for 30 days, beginning July 20, 2017, to operate its Gilbert, AZ earth station with the Echostar 3 (S2741) satellite to provide telemetry, tracking, and control ("TT&C") communications on center frequencies 17.3015 GHz (Earth—to—space) and 12.201,12.203, 12.699 GHz (space—to— Earth) during EchoStar 3‘s temporary move to and operations at 86.85° W.L orbital location subject to the following conditions: 1. Grant of this STA is without prejudice to any determination that the Commuission may make regarding pending or future EchoStar applications. 2. All operations under this grant of STAshall be on an unprotected and noninterference basis and EchoStar is obliged to comply with the applicable laws, regulations, rules, and licensing procedures of that country. 3. EchoStar will maintain full operational control of EchoStar 3 at all times. 4. EchoStar will maintain EchoStar 3 at 86.85° W.L. with an east—west longitudinal station—keeping tolerance of +/—0.05 degree. 5. In the event of any harmful interference as a result of operations under this grant of STA, EchoStar shall cease operations immediately upon notification of such interference and shall immediately inform the Commission, in writing, of such an event. 6. 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. 7. Any action taken or expense incurred as a result of operations pursuant to this STA is solely at EchoStar. 8. During drift operations, all transponders other than TT&C transponders will be turned off. This grant is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authorlty, 47 C.F.R. § 0.261, and is effective upo?ielease 304,,% 5 (}J1#\ &n il:l"‘ougy* N%EQQQQ;I&W(3‘2 Date “fig// «mmadm

2. Contact Name: Jennifer Manner Phone Number: 301—428—5893 Company: EchoStar Operating LL.C. Fax Number: Street: 11717 Exploration Lane E—Mail: jennifer.manner@echostar.ccom City: Germantown State: MD Country: USA Zipcode: 20876 — Attention: Relationship: Same (If your application is related to an application filed with the Commission, enter either the file numberor 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 reasonfor fee exemption (see 47 C.F.R.Section 1.1114). ¢74 Governmental Entity £4 Noncommercial educational licensee C3 Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request @ Use Prior to Grant 3 Change Station Location O Other . 6. Requested Use Prior Date 07/20/2017

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: Exhibit 1 Attachment 2: Attachment 3: 12. Description. (If the complete description does not appearin this box, please go to the end of the form to view it in its entirety.) Seeking 30—day STA, commencing on July 20, 2017, to operate certain earth stations for TT&C communications to move EchoStar 3. See Exhibit 1. 13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is @, Yos {£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 Jennifer A. Manner Senior Vice President, Regulatory Affairs 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@fec.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 sponsorthis collection, unless it displays a currently valid OMB control numberorif 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 LaAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

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 86.85° W.L.:" TC1L: 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 86.85° 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. ‘ EchoStar currently holds STAs to (i) move and operate the EchoStar 3 satellite (Call Sign $2741) at 86.85° 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 EO10242) 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. 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, EchoStar3 provided capacity for service (via DISH Network Corporation) to millions of satellite television subscribers. The satellite currently operates as an in—orbit spare at 61.8° W.L. under STA.* 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.* To accommodate the needs of its customer and development partner, SES Satellites (Gibraltar) Ltd. ("SES*"), EchoStar seeks to move and operate EchoStar 3 at 86.85° 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 86.5° 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 86.85° W.L. for a brief period of a few months to provide capacity currently offered by NIMIQ—1. > 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). * 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).

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 satellitelicensee "is in a better position to determine how to tailor its system to meet the particular needs of its customers."" Thus, the Commission "will generally grant a [satellite] licensee‘s request to modify its system, provided there are no compelling countervailing public interest considerations."" Consequently, the proposed STA operations at 86.85° W.L. will serve the public interest by allowing EchoStar the flexibility to determine how best to meet the needs of its customers." 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. ° AMSC Subsidiary Corporation, 13 FCC Red 12316, 8 (IB 1998). © Id.; see also SES Americom, Inc., 21 FCC Red. 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"). ‘ See supra nn.6 and 7; see also EchoStar STA Order T8 ("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").

III. OPERATIONAL PARAMETERS EchoStar 3°‘s STA operations at 86.85° 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 (F.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. EchoStar will maintain full operational control of EchoStar 3 at all times. EchoStar will maintain EchoStar 3 at 86.85° W.L. with an east—west longitudinal station—keeping tolerance of +/—0.05 degree. 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. During drift operations, all transponders other than TT&C transponders will be turned off.


Document Created: 2017-08-09 19:13:24
Document Modified: 2017-08-09 19:13:24
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