Attachment GRANT

GRANT

DECISION submitted by IB,FCC

GRANT

2006-10-19

This document pretains to SAT-AMD-20051118-00248 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2005111800248_532644

                                                                                                               Approved by OMB
                                                                                                                      3060-0678

Date & Time Filed: Nov 18 2005 8: 18:51:970PM
File Number: SAT-AMD-2005 1118-00248


       FCC APPLICATION FOR SPACE AND EARTH STATI0N:MOD OR AMD - MAIN FORM                       FCC Use Only

                           FCC 3 12 MAIN FORM FOR OFFICIAL USE ONLY

                                                                                            I
APPLICANT INFORMATION
Enter a description of this application to identify it on the main menu:
Amendment to Incorporate an Orbital Debris Mitigation Plan into Modification of 1 13 W.L. Authorization
    1-8. Legal Name of Applicant

              Name:        EchoStar Satellite Operating     Phone Number:              303-723-1000
                           Corporation
              DBA                                           Fax Number:                303-723-1699
              Name:
              Street:      960 1 South Meridian Boulevard   E-Mail:


              City:        Englcwood                        State:                     co
              Country:      USA                             Zipcode:                   801 12
              Attention:   David K Moskowitz




1


                              EchoStar Satellite Operating Corporation
                              Attachment - Conditions of Authorization
                 File Nos. SAT-MOD-20051007-00198, SAT-AMD-20051118-00248,
                                  and SAT-AMD-20060724-00081
                                         Call Sign: S2636

                                           October 19,2006


        EchoStar Satellite Operating Corporation's (Echostar) applications to modify its
authorization to operate a Ka-band satellite, Echostar-1 13, at 113" W.L., File No. SAT-MOD-
2005 1007-00198, as amended by SAT-AMD-20051118-00248 and SAT-AMD-20060724-00081
are GRANTED, subject to the terms of its authorization in File No. SAT-LOA-20040803-00154,
the technical specifications set forth in its applications, and the conditions set forth below.'
Accordingly, EchoStar is authorized to operate telemetry, tracking, and command (TT&C)
frequencies for its Ka-band satellite at 113" W.L. using 28.352 GHz and 28.598 GHz as the
command frequencies, and 18.302 GHz and 18.798 GHz as the telemetry frequencies.

         In addition, Echostar's request for a waiver of section 25.202(g) of the Commission's
rules is granted to allow EchoStar to operate TT&C launch and transfer orbit operations in the
13.752 GHz, 13.998 GHz, 1 1.452 GHz and 1 1.698 GHz frequency bands.2 We find EchoStar has
demonstrated good cause for a waiver in this in~tance.~   First, as EchoStar states, there is no
worldwide ground network in the Ka-band frequencies to support TT&C functions during launch
and transfer orbit operations, while there is an extensive network of Ku-band frequencies.
Further, EchoStar maintains that it will only use small amounts of spectrum for a very limited
time during the launch and transfer orbit operations and will coordinate with other authorized
users of the bands. EchoStar also states it will operate on a non-harmfbl interference basis. The
International Bureau previously granted a waiver of section 25.202(g) tc EchoStar for its Ka-band
satellite at 117" W.L. based on similar facts.4 The International Bureau has also previously
granted the use of the 13.75-14.0 GHz frequency band for TT&C, both for launch and transfer
orbit operations, and for on-station operations? We anticipate, howeve:r, that as more Ka-band
satellite systems with TT&C links located withn band are authorized, the Ka-band TT&C earth
station network will be sufficiently developed and thus there will be no need for operators to
request waivers of section 25.202(g) for out-of-band transfer orbit TT&C operations.

           1.          Pursuant to footnote US337 of the U.S. Table of Allocations, 47 C.F.R. 2.106,
                       any earth station in the United States and its possessions communicating with

' EchoStar Satellite LLC, SAT-LOA-20040803-00154, grant stamped on October 8,2004 with conditions.
 47 C.F.R. 6 25.202(g). Section 25.202(g) requires that TT&C fbnctions for U.S.-licensed satellites be
conducted at either or both ends of the allocated bands for the service.

    47 C.F.R. 9 1.3.
4
 See EchoStar Satellite LLC, Modification of License to Select TT&C Frequencies for its Ka-band
Satellite at 117" W.L., Order and Authorization, 20 FCC Rcd 428 1 (Int'l Bur. 2005).
5
 See EchoStar Satellite LLC, Application for Authority to Construct, Launch and Operate a Geostationary
Satellite Using the Extended Ku-band Frequencies in the Fixed-Satellite Service at the 109" W.L. Orbital
Location, Order and Authorization, 20 FCC Rcd 930 (Int'l Bur. 2004); EchoStar Satellite LLC, SAT-
MOD-20050930-00195, grant stamped on December 2 1,2005 with conditions


                    Echostar-1 13 in the 13.75-14.0 GHz frequency band is required to coordinate
                    with the National Telecommunications and Information Administration's
                    (NTIA) Interdepartment Radio Advisory Committee's (IRAC) Frequency
                    Assignment Subcommittee.'

        2.          Operations of any earth station in the United States and its possessions
                    communicating with Echostar-1 13 in the 13.75-14.0 GHz frequency band
                    shall comply with footnotes US356 and US357 of the U.S. Table of
                    Allocations which specify a minimum antenna diameter of 4.5 meters and a
                    minimum equivalent isotropically radiated power (e.i.r.p.). Operations of
                    any earth station located outside the United States and its possessions
                    communicating with Echostar-1 13 in the 13.75-14.0 GHz frequency band
                    shall be consistent with footnotes 5.502 and 5.503 to the International
                    Telecommunication Union (ITU) Radio Regulations, which allow minimum
                    antenna diameter as small as 1.2 meters for earth stations of a GSO network.

         3.         The 1 1.452 GHz and 11.698 GHz frequency bands in which EchoStar
                    proposes to operate are allocated to terrestrial services and to the fixed-satellite
                    service (FSS) on a co-primary basis.' However, under footnote NG104 of
                    section 2.106 and footnote 2 of section 25.202(a)( 1) of our rules, FSS
                    operations in these bands are limited to international service in order to limit
                    the number of FSS earth stations with which the terrestrial wireless fixed-
                                                                  ''
                    service would be required to coordinate. Accordingly, a U.S.-licensed,

6
 Footnote US337 requires that earth stations operating in the 13.75-13.8 GHz band be coordinated through
NTIA's IRAC Frequency Assignment Subcommittee to minimize interference to the forward space-to-
space link of the National Aeronautics and Space Administration Tracking and Data Relay Satellite
System. 47 C.F.R. 6 2.106, US337.

  These footnotes place certain restrictions on FSS operations in order to protect government operations in
the band, including manned space flight. Footnote US356 places a restriction on a minimum antenna size
of 4.5 meters for earth stations operating in the 13.75-14.0 GHz band and indicates a minimum e.i.r.p. that
should be used. Footnote US357 limits earth station e.i.r.p. spectral density in the 13.77-13.78 GHz band
until those geostationary space stations in the space research service for which advance publication
information was received by the ITU prior to January 3 1, 1992 cease to operate in this band. 47 C.F.R. 6
2.106, Footnote US357.
8
 Footnote 5.502 to the ITU Radio Regulations establishes minimum antenna diameters for earth stations of
geostationary and non-geostationary satellite networks, and places certain restrictions on either the
minimum equivalent isotropically radiated power (e.i.r.p.) or the power flux density (p.f.d.) levels produced
by earth stations operating in the 13.75-14.0 GHz band. Footnote 5.503 limits FSS earth station e.i.r.p.
spectral density in the 13.770-13.780 GHz band for earth stations in the FSS operating with geostationary-
orbit space stations, until those geostationary space stations in the space research service for which advance
publication information was received by the ITU prior to January 3 1, 1992 cease to operate in this band.

'47 C.F.R. # 2.106 and 25.202(a)( 1). Allocation of a given frequency band to a particular service on a
primary basis entitles operators to protection against harmful interference from stations of "secondary"
services. Further, secondary services cannot claim protection from harmful interference caused by stations
of a primary service. See 47 C.F.R. $6 2.104(d) and 2.105(c).

lo47 C.F.R. 6 2.106 footnote NG104 states "[tlhe use of the bands 10.7- 11.7 GHz (space-to-Earth) and
12.75-13.25 GHz (Earth-to-space) by the fixed-satellite service in the geostationary-satellite orbit shall be
limited to international systems, i.e. other than domestic systems." 47 C.F.R. 6 25.202(a)( 1) footnote 2


                                                      2


                     satellite may provide downlink service into the United States and its
                     Possessions in the 10.7 -1 1.7 GHz frequency band only if the uplink originates
                     outside of the United States and its Possessions. Therefore, if EchoStar wants
                     to use any of these frequencies to provide domestic service, including
                     telemetry and tracking services for a U.S.-licensed satellite, an earth station
                     license application or modification, including a request for waiver of NG104
                     and footnote 2 of Section 25.202(a)(l), must be filed for the earth station(s)
                     which will access the Echostar-1 13 satellite in this band.

         4.          EchoStar must file a modification to this authorization specifLing the precise
                     orbital location for the Echostar-1 13 satellite." EchoStar must file this
                     modification within 60 days of this grant.

         5.          EchoStar has 30 days from the date of this grant to decline the authorization as
                     conditioned. Failure to respond within this period will constitute formal
                     acceptance of the authorization as conditioned.

         6.          This grant is issued pursuant to 47 C.F.R. 8 0.261 of the Commission's rules
                     on delegated authority and is effective upon adoption. Petitions for
                     reconsideration or Applications for Review under the Commission's rules, 47
                     C.F.R. 1.106 and 1.115, may be filed within 30 days of the date of the public
                     notice indicating t h s action was taken.




                              1   .




states "[ulse of this band by geostationary satellite orbit satellite systems in the fixed-satellite service is
limited to international systems, i.e. other than domestic systems." See also Assignment of Orbital
Location to Space Stations in the Domestic Fixed Satellite Service and the Application of GE American
Communications, Inc., Order and Authorization, 15 FCC Rcd 3385 (Int'l Bur. 1999).
I1
  Pursuant to 47 C.F.R. 6 25.1 14(d)(14), EchoStar submitted an application specifying its orbital debris
mitigation plans for the 113" W.L. orbital location. In its application, File No. SAT-AMD-20060724-
0008 1, EchoStar states that the in-orbit Satmex-6 satellite operated by Satelites Mexicanos S.A. DE C.V.
(Satmex) is the only satellite that will be operated at or close to the Echostar-1 13 satellite. EchoStar asserts
that it has reached an agreement in principle, with Satmex, that each will operate their respective satellites
at an off set from the nominal 113" W.L. orbital location, but failed to specify the offset.


                                                         3


    9-1 6. Name of Contact Representative

                Name:          Pantelis Michalopoulos                 Phone Number:                       202-429-6494
                Company: Steptoe & Johnson LLP                        Fax Number:                         202-429-3902
                Street:        1330 Connecticut Avenue, NW            E-Mail:                             pmichalo@steptoe.com


                City:          Washington                             State:                               DC
                Country:        USA                                   Zipcode:                            20036- 1795
                Attention:                                            Relationship:                        Legal Counsel

1

    CLASSIFICATION OF FILING
    17. Choose the button next to the
    classification that applies to this filing for   (N/A) b 1. Application for License of New Station
    both questions a. and b. Choose only one         (N/A) b2. Application for Registration of New Domestic Receive-Only Station
    for 17a and only one for 17b.                       (N/A) b3. Amendment to a Pending Application

       0 a1 . Earth Station                          0 (N/A) b4. Modification of License or Registration
                                                     b5. Assignment of License or Registration
       ~p a2. Space Station                          b6. Transfer of Control of License or Registration
                                                     0 (N/A) b7. Notification of Minor Modification
                                                     (N/A) b8. Application for License of New Receive-Only Station Using Non-U.S. Licensed
                                                     Satellite
                                                     (N/A) b9. Letter of Intent to Use Non-U.S. Licensed Satellite to Provide Service in the United
                                                     States
                                                      Q (N/A) b10. Other (Please specify)




2


          17c. Is a fee submitted with this application?
        0 If Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114).
        0 Governmental Entity Q Noncommercial educational licensee
            Other(p1ease explain): This amendment is made pursuant to the FCC’s new orbital debris mitigation rules and does not require a fee per
    the FCC’s Public Notice (DA 05-2698).
    ~           ~~      ~~                                                                                            ~




    17d.

        Fee Classification CWY - Space Station Amendment(Geostati0nary)




        18. If this filing is in reference to an     19. If this filing is an amendment to a pending application enter both fields, if this filing is a
        existing station, enter:                     modification please enter only the file number:
        (a) Call sign of station:                    (a) Date pending application was filed:              (b) File number:
            S2636
                                                     10/07/2005                                           SATMOD2005100700198




3


2 1. STATUS: Choose the button next to the applicable status. Choose       22. If earth station applicant, check all that apply.
only one.                                                                  n    Using U.S. licensed satellites

lo   Common Carrier        Non-Common Carrier                          I
                                                                       I
                                                                               Using Non-U.S. licensed satellites

23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one. Are these
facilities:
0 Connected to a Public Switched Network 0 Not connected to a Public Switched Network        N/A

     24. FREQUENCY BAND(S): Place an 'X' in the box(es) next to all applicable frequency band(s).
0a. C-Band (4/6 GHz) 0b. Ku-Band (12/14 GHz)
       c.Other (Please specifL upper and lower frequencies in MHz.)
          Frequency Lower: 18300             Frequency Upper: 30000            (Please specify additional frequencies in an attachment)




4


TYPE OF STATION
    25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one.
    0 a. Fixed Earth Station
    0 b. Temporary-Fixed Earth Station
    0 c. 12/14 GHz VSAT Network
    0 d. Mobile Earth Station
    @   e. Geostationary Space Station
    0 f. Non-Geostationary Space Station
    0 g. Other (please specify)

    26. TYPE OF EARTH STATION FACILITY
    0 TransmiUReceive 0 Transmit-Only               Q   Receive-Only   a N/A
    'For Space Station applications, select N/A."




5


PURPOSE OF MODIFICATION

    27. The purpose of this proposed modification is to: (Place an 'X' in the box(es) next to all that apply.)


I
        0a authorization to add new emission designator and related service
              __

        0b - authorization to change emission designator and related service
        0c -- authorization to increase EIRE' and EIRP density
             d - authorization to replace antenna
        0e -- authorization to add antenna
             f -- authorization to relocate fixed station
        0g authorization to change frequency(ies)
               __

        0h -authorization to add frequency
        0i authorization to add Points of Communication (satellites & countries)
              --

        0j authorization to change Points of Communication (satellites & countries)
              --

             k -- authorization for facilities for which environmental assessment and
    radiation hazard reporting is required
        0    1 -- authorization to change orbit location
        0m -- authorization to perform fleet management
        0n authorization to extend milestones
               --

             o -- Other (Please specify)




6


ENVIRONMENTAL POLICY

 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental        Q   Yes       No
 impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.131 1 of
 the Commission’s rules, 47 C.F.R. 1.1308 and 1.1311, as an exhibit to this app1ication.A Radiation Hazard Study
 must accompany all applications for new transmitting facilities, major modifications, or major amendments.



ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or
aeronautical fixed radio station services are not required to respond to Items 30-34.

29. Is the applicant a foreign government or the representative of any foreign government?                             Q   Yes       No




30. Is the applicant an alien or the representative of an alien?                                                       Q   Yes   @   No   Q   N/A




3 1. Is the applicant a corporation organized under the laws of any foreign government?                                4 Yes     4p No    Q   N/A




32. Is the applicant a corporation of which more than one-fifth of the capital stock is owned of record or voted by    Q   Yes 4p No      Q   N/A
aliens or their representatives or by a foreign government or representative thereof or by any corporation organized
under the laws of a foreign country?




7


    33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than          Q   Yes       No   Q   N/A
    one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign
    government or representative thereof or by any corporation organized under the laws of a foreign country?



    34. If any answer to questions 29,30,3 1,32 andor 33 is Yes, attach as an exhibit an identification of the aliens or
    foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote.



BASIC QUALIFICATIONS

35. Does the Applicant request any waivers or exemptions from any of the Commission’s Rules?                                      0 Yes          No
If Yes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents.




36. Has the applicant or any party to this application or amendment had any FCC station authorization or license                  @   Yes    Q   No
revoked or had any application for an initial, modification or renewal of FCC station authorization, license, or
construction permit denied by the Commission? If Yes, attach as an exhibit, an explination of circumstances.
                                                                                                                              Question 36




8


37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling          Q   Yes   e No
the applicant ever been convicted of a felony by any state or federal court? If Yes, attach as an exhibit, an
explination of circumstances.




38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant,              Q   Yes     No
guilty of unlawfully monopolizing or attemptiing unlawfully to monopolize radio communication, directly or
indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement or any other
means or unfair methods of competition?If Yes, attach as an exhibit, an explanation of circumstances




39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending         Q   Yes     No
matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances.




40. If the applicant is a corporation and is applying for a space station license, attach as an exhibit the names,
address, and citizenship of those stockholders owning a record and/or voting 10 percent or more of the Filer’s
voting stock and the percentages so held. In the case of fiduciary control, indicate the beneficiary(ies) or class of    440
beneficiaries. Also list the names and addresses of the officers and directors of the Filer.




9


4 1. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is               Yes      0 No
subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti-Drug Act of
1988,2 1 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.



42a. Does the applicant intend to use a non-U.S. licensed satellite to provide service in the United States? IfYes,         0 Yes            No
answer 42b and attach an exhibit providing the information specified in 47 C.F.R. 25.137, as appropriate. If No,
proceed to question 43.




42b. What administration has licensed or is in the process of licensing the space station? If no license will be issued, what administration has
coordinated or is in the process of coordinating the space station?



43. Description. (Summarize the nature of the application and the services to be provided). (If the complete description does not appear in this
box, please go to the end of the form to view it in its entirety.)
     EchoStar Satellite Operating Corporation amends its Application for Modification of its
     113 W.L. authorization to include an updated orbital debris mitigation plan pursuant to
     the Commission’s Public Notice of October 13, 2005. All other information contained in
     the Modification remains materially unchanged.
ODM




10


CERTIFICATION
The Applicant waives any claim to the use of any particular frequency or 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, and requests an authorization in accordance with this
application. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit
in 47 CFR Part 20. All statements made in exhibits are a material part hereof and are incorporated herein as if set out in full in this application.
The undersigned, individually and for the applicant, hereby certifies that all statements made in this application and in all attached exhibits are
true, complete and correct to the best of his or her knowledge and belief, and are made in good faith.
44. Applicant is a (an): (Choose the button next to applicable response.)

 4 Individual
 4 Unincorporated Association
 4 Partnership
 $C Corporation
 4 Governmental Entity
 4 Other (please specify)



     45. Name of Person Signing                                             46. Title of Person Signing
     David K. Moskowitz                                                     Executive Vice President and General Counsel



           WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT
                    (U.S. Code, Title 18, Section lOOl), AND/OR REVOCATION OF ANY STATION AUTHORIZATION
                 ( U S . Code, Title 47, Section 3 12(a)(l)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).




11


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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.




12


     Orbital Debris Mitigation Plan for the EchoStar Satellite Licensed to be Located
                                      at 113’ W.L.


                EchoStar Satellite Operating Corporation (“EchoStar”) has filed a request for
modification of its authorization to operate a satellite at 113” W.L. (“Echostar Satellite”).’
Pursuant to Section 25.1 14(d)(14) of the Commission’s rules; the Commission’s Second Report
and Order in IB Docket No. 02-54,3 the Commission’s Public Notice published on October 13,
2005, and the e-mail sent to Mr. Pantelis Michalopoulos by Ms. CurTisha Banks of the
Commission on November 8, 2005, EchoStar requests that the Commission incorporate this
orbital debris mitigation plan into Echostar’s pending modification request.

                 EchoStar has not yet completed the design for the EchoStar Satellite. EchoStar
has a contract in place for the construction of the satellite. Under its license, the design of the
satellite is due to be completed by the Critical Design Review (“CDR’) milestone of October 8,
2006. Specifically, the Statement of Work associated with the satellite manufacturing contract
includes provisions to review orbital debris mitigation as part of preliminary design review
(“PDR”) and CDR, including a formal Failure Modes and Effects Criticality Analysis
(“FMECA”). The information herein, therefore, is based on statements and assurances from the
satellite manufacturer.

I.     SPACECRAFT HARDWARE DESIGN

                EchoStar can confirm that the satellite will not undergo any planned release of
debris during its operation. Furthermore, all separation and deployment mechanisms, and any
other potential source of debris will be retained by the spacecraft or launch vehicle.

                In conjunction with Space Systems/Loral, EchoStar has assessed and limited the
probability of the satellite becoming a source of debris by collisions with small debris or
meteoroids of less than one centimeter in diameter that could cause loss of control and prevent
post-mission disposal. EchoStar has taken steps to limit the effects of such collisions through
shielding, the placement of components, and the use of redundant systems.

               The EchoStar Satellite will include separate TT&C and propulsion subsystems
that are necessary for end-of-life disposal. The spacecraft TT&C system, vital for orbit raising,
will be extremely rugged with regard to meteoroids smaller than 1 cm, by virtue of its
redundancy, shielding, separation of components and physical characteristics. Omni-directional
antennas are mounted on opposite sides of the spacecraft. These antennas, each providing
        1
        EchoStar Satellite Operating C o p , Application for Modification of License to Select
TT&C Frequencies for its Ka-band GSO Satellite at 1 13” W.L., File No. SAT-MOD-2005 1007-
00198 (filed Oct. 7,2005).

        * 25 C.F.R. $25.114(d)( 14).
        Mitigation of Orbital Debris, Second Report and Order, 19 FCC Rcd 1 1567 (2004)
(“Second Report and Order”).


greater than hemispherical coverage patterns, are extremely rugged and capable of providing
adequate coverage even if struck, bent or otherwise damaged by a small or medium sized
particle. Either omni-directional antenna, for either command or telemetry, will be sufficient to
enable orbit raising. The command receivers and decoders and telemetry encoders and
transmitters will be located within a shielded area and will be totally redundant and physically
separated. A single rugged thruster and shielded propellant tank provide the energy for orbit
raising. Otherwise, there are no single points of failure in the system.

                 EchoStar will continue to review these aspects of on-orbit operations with the
spacecraft manufacturer and will make such adjustments and improvements as appropriate to
assure that its spacecraft will not become sources of debris during operations or become derelicts
in space due to a collision with a small or large object.

11.     MINIMIZING ACCIDENTAL EXPLOSIONS

                 In conjunction with Space Systems/Loral, EchoStar has assessed and will limit the
probability of accidental explosions during and after completion of mission operations, The
satellite manufacturer has taken steps to ensure that debris generation will not result from the
conversion of energy sources on board the satellite into energy that fragments the satellite. In
particular, the satellite manufacturer advises that burst tests are performed on all pressure vessels
during qualification testing to demonstrate a margin of safety against burst. Bipropellant mixing is
prevented by the use of valves that prevent backwards flow in propellant lines and pressurization
lines. Pyrotechnics are nominally used in the mission only as part of the initial deployment
process. After orbit raising to the disposal orbit, all unfired pyrotechnics will be fired as part of the
final satellite decommission. All batteries and fuel tanks are monitored for pressure and
temperature. Excessive battery charging or discharging is limited by a monitoring and control
system which will automatically limit the possibility of fragmentation. Corrective action, if not
automatically undertaken, will be immediately undertaken by the spacecraft operator to avoid
destruction and fragmentation. Thruster temperatures, impulse and thrust duration are carefully
monitored, and any thruster may be turned off via redundant valves. Consequently, there is no
possibility of explosion during the operating mission. Space Systems/Loral also will conduct an
FMECA as part of the design process.

               At the end of the satellite’s life, all traveling wave tube amplifier (“TWTA”s) will
be outgassed, and all residual fuel will be consumed. All he1 latch valves will be placed in an
“open” position, and any pressurized system will be vented. Spacecraft battery trickle charge
and all automatic battery charging sequences will be disabled.

111.    SAFE FLIGHT PROFILES

                EchoStar has reviewed the lists of FCC licensed satellite networks, as well as
those 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 113” W.L.,
have also been reviewed. For purposes of calculating potential station-keeping volume overlap,
U.S. satellites have been assumed to have a maximum east-west excursion of k0.05”from their
nominal location, while non-U.S. satellite networks have been assumed to have a maximum
excursion of kO.1 O from their nominal location.


                                                  -2-


                Based on this review, there are two operational satellites within k0.2" of 113"
W.L. These are the GOES 11 satellite operated by the National Oceanic & Atmospheric
Administration (NOAA) at 113" W.L. and the Solidaridad 2 satellite operated by SatMex at 113"
W.L. Once the launch vehicle manufacturer is selected for the EchoStar Satellite and a launch
plan, launch vehicle and launch scenario are developed, EchoStar will engage in physical
coordination with NOAA and SatMex, and any satellite operator that has launched a satellite at,
or near, 113" W.L. EchoStar also will select one of the established launch agencies with a
proven record of safe flight planning, taking care to minimize the possibilities of any collision.
The launch contractor will be responsible for collision avoidance maneuvers and launch analysis
of in-flight profile planning.

               Currently, no launches are expected to inject satellites close to 113" W.L. other
than those discussed above. Prior to launch of the EchoStar Satellite, EchoStar will continue to
monitor Commission and ITU resources to identify satellites that reasonably can be expected to
operate at 113" W.L. +/- 0.2".

IV.    POST-MISSION DISPOSAL

                Upon mission completion, EchoStar will maneuver the EchoStar Satellite to a
disposal orbit with a minimum perigee of 350 km above the normal GSO operational orbit. This
proposed disposal orbit altitude is well above the IADC formula, as required in 47 C.F.R.
325.283 and the Commission's Second Report and Order:4
       - Solar array area = 60 m2
       -    Satellite body area (oriented for max antenna exposure) = 4 m2
       - Ku-band antenna area = 21 m2
       - Total Solar Pressure Area "A" = 85 m2
       - Area-to-mass Ratio ("A/,,') = 0.03 1 m2kg
       - Solar Pressure Radiation Coefficient (worst case) ("CR") = 2

Therefore the Minimum Disposal Orbit Perigee Altitude will be equal to
              -     36,021 km + 1000 x CRx A/M
              =     36,021 km + 1000 x 2 x 0.031 m2/kg
              -     36,083.2 km
              -     297 km above GSO

               Approximately 10 kg of propellant will be allocated and reserved for the final
orbit raising maneuvers. EchoStar used two methods to calculate this amount. First, it applied
the pressure-volume-temperature method, which uses the tank pressure and temperature
information to determine remaining propellant. Second, it applied the bookkeeping method,
which evaluates the flow rate at average pressure and total thruster on-time of orbital maneuvers
to determine the amount of propellant used. EchoStar has assessed fuel gauging uncertainty and
has provided an adequate margin of fuel to address such uncertainty.

           Second Report and Order at 7 68.



                                               -3-



Document Created: 2006-10-19 17:13:25
Document Modified: 2006-10-19 17:13:25

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