Attachment SESSTA2017081100904.

SESSTA2017081100904.

DECISION submitted by FCC

GRANT

0000-00-00

This document pretains to SES-STA-20170811-00904 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2017081100904_1263301

                                              E070273      SES—STA—20170811—00904   182017002237
                                              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:
Quicksburg (EO70273) STA to Move EchoStar 12 to 86.4
 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




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                                                         GRANTED
                                                        International Bureau


Applicant: EchoStar Operating L.L.C.
Call Sign: E070273
File No.:  SES—STA—20170811—00904

                                                                    [sn
EchoStar Operating L.L.C. (together with their affiliitéf?‘EchOStar”) is granted Special
Temporary Authority, for 60 days, beginning August24, 2017 to use its Quicksburg, VA fixed
earth station to move and operate EchoStar 12 (S2653) satellite at 86.4° W.L. orbital location for
TT&C in the 17.304 GHz (Earth—to—space) and 12.205 GHz, 12.697 GHz, and 12.205 GHz
(space—to—Earth) frequency bands under the following conditions contingent upon grant of SAT—
STA—20170816—00118:


1. All authorized operations will be on an unprotected and non—harmful interference basis.
EchoStar shall not cause harmful interference to, or claim protection from other lawfully
operating stations and it shall cease transmission(s) immediately upon notice of such
interference.

2. EchoStar will maintain full operational control of EchoStar 12 at all times.

3. EchoStar will maintain EchoStar 12 satellite at 86.4° W.L. orbital location with an east—west
longitudinal station—keeping tolerance of +/—0.05 degree.

4. During drift operation, all transponders other than TT&C transponders will be turned off.

5. Any action taken or expense incurred as a result of operations pursuant to this STA is solely at
EchoStar‘s risk.

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. Grant of this authorization is without prejudice to any determination that the Commussion may
make regarding pending or future EchoStar applications.

8. Should an emergency situation exists and the applicant must notify FCC
OperationCenter@fee.gov of the situation with a copy to paul.blais@fee.gov.

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.                                               .



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                      GRANTED
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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 Commuission, 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 1B2017001700
 4a. Is a fee submitted with this application?
@ If Yes, 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
C Other(please explain):

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

5. Type Request

 & Use Prior to Grant                             £4 Change Station Location                        .O Other


6. Requested Use Prior Date
      08/21/2017


7. CityQuicksburg                               j                           8. Latitude
                                                                            (dd mm ss.s h)    38   43     24.6   N
9. State   VA                                                               10. Longitude
                                            P                               (dd mm ss.s h)    78   40     14     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 STA to move and operate EchoStar 12 at 86.4 WL,                                 as well as operate certain earth
     stations for TT&C communications.                      See Exhibit 1.




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
   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).


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The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions,
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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 number orif 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.


                                             EXHIBIT 1

         DESCRIPTION OF PROPOSED SPECIAL TEMPORARY OPERATION®S
           (Response to Space Station/Earth Station STA Forms, Question 8 or 12)

        Pursuant to 47 C.F.R. § 25. 120(b), EchoStar Satellite Operating Corporation and

EchoStar Operating L.L.C. (together with their affiliates, "EchoStar") request 60—day special

temporary authority ("STA"), commencing on or approximately August 21, 2017, to (i) move

and operate the EchoStar 12 satellite (Call Sign $2653) at 86.4° W.L. for a brief period; and (11)

operate five earth stations in Blackhawk, South Dakota (Call Signs E020248 and E150098),

Quicksburg, Virginia (Call Sign E070273), Gilbert, Arizona (Call Sign EO70014), and

Cheyenne, Wyoming (Call Sign £980005) for telemetry, tracking, and control ("TT&C")

communications on the following frequencies during EchoStar 12‘s temporary move and

dperations at 86.4° w.L.:




 TCI: 17.304 GHz                                    TMI1: 12.205 GHz
                                                    TM2: 12.697 GHz
                                                    TM3: 12.205 GHz


        Under the requested STA (and subject to STA renewal), EchoStar 12 will operate at 86.4°

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. The Schedule S and Technical Annex filed with the




‘ EchoStar currently has pending modification applications to move and operate EchoStar 12 at 86.4°
W.L., as well as to operate associated earth stations for TT&C communications (the "Modification
Applications"). See IBFS File Nos. SAT—MOD—20170626—00099, SES—MFS—20170626—00678 & SES—
MFS—20170626—00677 (June 26, 2017); SES—MOD—20170804—00867 & SES—MOD—20170804—00869
(Aug. 4, 2017).


 Modification Applications contain certain technical and orbital debris mitigation information

 regarding EchoStar 12‘s proposed operations at 86. 4° W.L.

 I.      BACKGROUND

         Launched in July 2003, the EchoStar 12 satellite is capable of operating in the 17.3—17.8

 GHz broadcast—satellite service ("BSS") feeder uplink (ITU Appendix 30A) and 12.2—12.7 GHz

A BSS downlink (ITU Appendix 30) bands. In 2014, the Commission extended EchoStar 12‘s

 license term for an additional 9 years until July 31, 2022.   For the past several years, EchoStar

 12 has been operating as an in—orbit spare at the 61.5° W.L. orbital cluster, providing backup

 capacity for service (via DISH Network Corporation) to millions of satellite television

 subscribers.

        EchoStar 12 currently operates as an in—orbit spare at 61.2° W.L. on a regular basis,

 pursuant to notification under 47 C.F.R. § 25.118(e). The satellite is capable of safe transition

 to, and operation from, the 86.4° W.L. orbital location.

        To accommodate the needs ofits customer and development partner, SES Satellites

 (Gibraltar) Ltd. ("SES"), EchoStar seeks to move and operate EchoStar 12 at 86.4° 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 12 at 86.4° W.L. to provide capacity currently offered by NIMIQ—1 for a

brief period of a few months.


         Upon completion of NIMIQ—1‘s temporary operations, EchoStar 12 will no longer be

required to provide replacement capacity for existing NIMIQ—1 services, and consequently will

operate at $6.4° W.L. on a regular basis, subject to Commission approval.*

IL.      THE PROPOSED STA OPERATIONS WILL SERVE THE PUBLIC INTEREST

         The proposed STA operations at 86.4° 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 tailorits 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 86.4° W.L. will serve the public interest by allowing EchoStarthe

flexibility to determine how best to meet the needs of its customers." At the same time, as noted

in Section III below, EchoStar 12 will operate under the requested STA on an unprotected, non—

harmful interference basis, thus ensuring no harmful interference to other authorized services.




* See supra n.1.

> AMSC Subsidiary Corporation, 13 FCC Red 12316, [ 8 (IB 1998).

* Id.; see also SES Americom, Inc., 21 FCC Red. 3430, 3433 J 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 [ 8 ("assessment of the motivation of [satellite]
operators ... does not provide an appropriate basis for determining whether an STA would serve the
public mtelest) SES Americom I 12 n.39 (FCC consideration of "incidental effect" resulting fiom STA
operations is "irrelevant to our public interest determination").


III.   OPERATIONAL PARAMETERS

       EchoStar 12‘s STA operations at 86.4° 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 12 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 12 at all times.

              EchoStar will maintain EchoStar 12 at 86.4° 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: 2017-08-17 18:59:20
Document Modified: 2017-08-17 18:59:20

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