Attachment STATEMENT

STATEMENT

SUBMISSION FOR THE RECORD submitted by EchoStar

STATEMENT

2004-05-20

This document pretains to SAT-AMD-20031203-00345 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2003120300345_374247

ST E P TO E &J o H N s o N LLP ATTORNEYS AT LAW Philip L. Malet 1330 Connecticut Avenue, NW 202.429.6239 Washington. D C 200364795 pmalet@steptoe.com Tel 202.429.3000 Fax 202.429.3902 RECEIVED steptoe.com May 7,2004 Via HAND DELIVERY Marlene H. Dortch Secretary Federal Communications Commission 445 Twelfth Street, S.W. Washington, D.C. 20554 Re: In-Orbit Collision Avoidance Statement for EchoStar-97W EchoStar Satellite L.L.C. - SAT-LOA-20030827-00186,SAT-AMD-2003120340345 , Call Sign 2499 Dear Ms. Dortch, Please find attached an original plus four copies of an In-Orbit Collision Avoidance Statement for the above-referencedEchostar-97W satellite. This statement is being provided in accordance with Condition 7 of EchoStar’s license for that satellite. If you have any questions about this filing, please contact the undersigned. Sincerely, ilip L. Malet Chung Hsiang Mah Counsel for EchoStar Satellite L.L. C. cc: Karl Kensinger, Satellite Division, International Bureau WAS HI NCTON PHOENIX LOS ANGELES LONDON BRUSSELS

ECHOSTAR SATELLITE L.L.C. IN-ORBIT COLLISION AVOIDANCE STATE ECHOSTAR-97W On March 8,2004, EchoStar Satellite L.L.C. ("EchoStar"), formerly known as EchoStar Satellite Corporation, was granted an authorization to launch and operate a Ka-band satellite at the 97" W.L. orbital location (SAT-LOA-20030827-00186, SAT-AMD-20031203- 00345, Call Sign S2499). Condition 7 of that authorization requires that EchoStar provide a written statement to the Commission within 60 days of grant that (a) identifies known satellites located at, or planned to be located at, Echostar's assigned orbital location, or in the vicinity of that location, and (b) states the measures that EchoStar will take to prevent in-orbit collisions with such satellites. 11. Current and Planned In-Orbit Satellites At or Near 97" W.L. In considering current and planned satellites that may have a station-keeping volume that overlaps the EchoStar-97W satellite, EchoStar reviewed the lists of FCC licensed systems and systems that are currently under consideration by the FCC. In addition, non-USA networks for which a request for coordination has been submitted to the ITU in the vicinity of 97" W.L., have also been reviewed. Only those networks that either operate, or are planned to operate, within f 0.2 degrees from 97" W.L. have been taken into account in our analysis. Based on our review, the only FCC system licensed, or under consideration to be licensed by the FCC, for operation at the 97" W.L. position is the Intelsat IA-5 (Telstar 5)

satellite. The only non-USA networks submitted to the ITU in the immediate vicinity of 97" W.L. are the Intersputnik networks LATAMSAT-2 (Cuba), INTERSPUTNIK-97W-M (Belarus) and INTERSPUTNIK-97-W-V (Belarus) networks. We can find no evidence that satellite construction contracts have been awarded for any of these networks, nor does the Federal Aviation Administration Commercial Space Station First Quarter 2004 Report show a pending launch for any of these networks. Finally, there is a US Government network filed with the ITU at 96.8"W.L. 111. In-Orbit Avoidance Coordination Physical coordination of the EchoStar and Intelsat satellites will be required. Some level of coordination may also be required with the US DoD, depending on the outcome of the coordination with Intelsat. EchoStar will begin coordination with Intelsat and the DoD, if necessary, approximately two years before the expected launch of the Echostar-97W satellite. There are a number of potential flight dynamic solutions to be explored in consultation with Intelsat to ensure avoidance of in-orbit collision between the two satellites, including the possibility of operating the satellites at small angular offsets from their nominal position. In the event that a coordination agreement requires operation of the satellite at an offset from its assigned nominal position, EchoStar will seek any necessary modifications to its authorization from the Commission. EchoStar will similarly seek to coordinate with any new satellites that may be authorized and launched into the 97" W.L. orbital location. Stephen D. McNeil May 5,2004 613-270-1177


Document Created: 2004-05-21 17:42:06
Document Modified: 2004-05-21 17:42:06
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