Attachment grant

grant

DECISION submitted by IB,FCC

grant

2006-03-27

This document pretains to SAT-AMD-20060120-00007 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2006012000007_491242

FCC APPLICATION FOR SPACE AND EARTH STATI0N:MOD OR AMD - MAIN FORM FCC Use Only FCC 3 12 MAIN FORM FOR OFFICIAL USE ONLY Enter a description of this application to identify it on the main menu: Minor Amendment To Application To Make Minor Modification To DBS Authorizations And For Launch And Operating Authority For EchoStar 10 at 110 W.L. 1-8. Legal Name of Applicant Name: EchoStar Satellite Operating Phone Number: 303-723-1000 Corporation DBA Fax Number: 303-723-1699 Name: Street: 9601 South Meridian Boulevard E-Mail: City: Englewood State: co Country: USA Zipcode: 80112 - Attention: David K Moskowitz I -. I .

ATTACHMENT Conditions of Authorization: IBFS File Nos. SAT-LOA-20051221-00267, SAT- AMD-20060120-00007 Call Sign: S2694 Grant Date: March 27,2006 1. EchoStar Satellite Operating Corporation's (Echostar) application, LBFS File No. SAT-LOA-2005 1221-00267,' as amended by SAT-AMD-20060120-00007,2 to construct, launch, and operate a direct broadcast satellite (DBS), EchoStar 10 (Call Sign: S2694),3 at the 110" W.L.4 orbital location IS GRANTED IN PART and DEFERRED IN PART. Accordingly, EchoStar is authorized to operate the EchoStar 10 satellite at the 110.0" W.L. orbital location with feeder links (Earth to space) in the 17.3-17.8 GHz band on DBS channels 2-7, 9-27, 29, and 31, and service links (space to Earth) in the 12.2-12.7 GHz band on DBS channels 4, 12, 18,20, 23, 25, and 26. Action on Echostar's request to operate service links on DBS channels 27, 29, and 3 1 at the 1 10" W.L. nominal orbital location is deferred. This partial grant is in accordance with the terms, conditions, and technical specifications set forth in its application, the Federal Communication Commission's (Commission) rules, and the requirements stated below. 2. Until further action by the Commission, EchoStar may not operate service link channels 27,29, and 31 at the 110" W.L. nominal orbital location on the EchoStar 10 satellite. If, however, EchoStar and DirecTV enter into an operator agreement with respect to service links on channels 27,29, and 31 on the EchoStar 10 satellite at the 110 W.L. nominal orbital location, EchoStar may commence service on those channels after notifying the Commission in writing through a letter to Robert Nelson, Chief, Satellite Division, International Bureau, Federal Communications Commission. 3. Echostar's request for waiver of Section 25.210(i), of the Commission's rules, 47 C.F.R. 9 25.210(i), for the Echostar 10 satellite located at the 110" W.L. nominal orbital location, IS GRANTED IN PART as conditioned and DEFERRED with respect to the channels not I This application was accepted for filing on December 22,2005. Comments were filed by DIRECTV Enterprises, LLC (DIRECTV) addressing Echostar's request to operate service links on channels 27,29, and 3 1 on the EchoStar 10 satellite at the 110.0" W.L. orbital location. DIRECTV, however, indicated that it did not oppose grant of feeder links in the 17.3-17.8 GHz (Earth-to-space) band on DBS channels 2-7,9- 27,29, and 31, and service links in the 12.2-12.7 MHz (space-to Earth) band on DBS channels 4, 12, 18, 20,23,25, and 26. Response of DIRECTV Enterprises, LLC, filed February 3,2006, at 8 (". . .. DIRECTV's concern relates to only three of the twenty-nine DBS channels used by EchoStar 10.. .."). This amendment, filed January 20,2006, is a minor amendment to modify the information required by No. 4.2.6 of Appendices 30 and 30A of the ITU Radio Regulations, and to replace the interference analysis contained in Appendix 1 of the original application. This minor amendment does not change any aspect of the design or capability of the EchoStar 10 satellite as described in the application. 3 EchoStar is currently authorized to provide DBS service on DBS channels 1-27,29, and 3 1 at the 1 10" W.L. nominal orbital location using EchoStar 6, See Application for Minor Modification of Four DBS Space Station Authorizations, Memorandum, Opinion and Order 18 FCC Rcd. 15,211 (Sat. Div. 2003); and EchoStar 8, See Echostar Satellite Corporation, Application for Minor Modification of Direct Broadcast Satellite Authorization, Launch and Operating Authority for EchoStar VIII, Order and Authorization, 17 FCC Rcd 1 1,326 (Sat. Div. 2002). 4 Requests for special temporary authority recently filed by EchoStar relating to EchoStar 10 appear to contemplate permanent operation at 1 10.2" W.L. Echostar, however, requested the 1 IO" W.L. orbital location in SAT-LOA-20051221-00267. Accordingly, if EchoStar seeks to operate at a different orbital location, it should file an appropriate modification request.

addressed in this action. Section 25.210(i) requires Fixed-Satellite Service (FSS) space station antennas to be designed to meet a cross-polarization isolation of 30 dB within the primary coverage area of the antenna.’ EchoStar indicates that the cross-polarization isolation of some of the antennas in EchoStar 10’s primary coverage area will be less than the minimum 30 dB required by the rules, and is a minimum of 24.6 dB for the feeder-link receiving antennas, which operate in the FSS.6 This shortfall will not produce a significant increase in interference, except to the applicant itself. As a condition of the waiver, EchoStar shall claim no more protection from interference from other licensed radiocommunication systems operating in accordance with the Commission’s rules than if its feeder-link receiving antennas had met Section 25.210(i) of our rules. Grant of this waiver request is consistent with our precedent.’ 4. Echostar’s request for waiver of Section 25.215 of the Commission’s rules, 47 C.F.R tj 25.215 for the Echostar 10 satellite located at 1IO” W.L. nominal orbital location, IS GRANTED I N PART as conditioned and DEFERRED with respect to the channels not addressed in this action as conditioned. Section 25.215 requires DBS space station service link antennas to be designed to meet a cross-polarization isolation of 30 dB within the primary coverage area of the antenna.’ EchoStar states that the cross-polarization isolation of some of the service-link transmitting antennas of the EchoStar 10 satellite’s primary coverage area is slightly less that the minimum 30 dB required by Section 25.515, and is a minimum of 28.8 dB for the service-link transmitting antennas within the primary service area of the antennas covering U.S. territory.’ We find that, with respect to the granted channels, given the relatively small difference between the required cross-polarization isolation of Section 25.2 15 of the Commission’s rules and that which the antennas of EchoStar 10 will achieve, it is unlikely that Echostar’s less than 30 dB cross-polarization isolation will cause material degradation in the service of other currently- authorized DBS systems serving the U.S. on these channels. The Commission has stated that licensees may use cross-polarization isolation which is different from that specified for the Region 2 BSS Plan if they demonstrate that such a difference does not result in interference to other operational or planned systems, including U.S.-licensed systems.” As a condition of this waiver, with respect to the channels granted by this grant stamp, EchoStar must coordinate the operations of EchoStar 10 with other potentially affected radiocommunication systems, and operate on a non-harmful interference basis with respect to any DBS space stations that are in compliance with the cross-polarization isolation requirement. Also, since the intra-system cross- polarization interference caused by EchoStar 10 not meeting the requirements of Section 25.215 must be factored into Echostar’s own link budgets, EchoStar shall not claim any more protection from interference from other radiocommunication systems operating in accordance with the Commission’s rules than if it met the requirements of Section 25.2 15. 47 C.F.R. 5 25.210(i). ‘ IBFS File No. SAT-LOA-2005 1221-00267, EchoStar Satellite Operating Corporation, Application to Make Minor Modifications to Direct Broadcast Satellite Authorizationsand For Launch and Operating Authority for the EchoStar 10 satellite (Echostar 10 Application), Section A. 1 I , page 13. Star One S.A.; Petition for Declaratory Ruling to Add The Star One CI Satellite at 65” W.L. to the Permitted Space Station List, Order, 19 FCC Rcd 16334 (Sat. Div. 2004) (finding that the impact on neighboring satellite systems of a 3-5 dB difference from the required cross polarization isolation ratio would be negligible). 47 C.F.R. Q 25.215. EchoStar I O Application, Section A. 1 1, page 13. IO See In re EchoStar Satellite Corp., Directsat Corp., EchoStar DBS Corp. Application for Authority to Make Minor Modifications to Direct Broadcast Satellite Authorizations, Launch, and Operational Authority, Memorandum Opinion and Order, 13 FCC Rcd 8595,8604 at para. 17 ( 1 998). 2

5. EchoStar must maintain the EchoStar 10 satellite at 110.0 deg. W.L. with +/- 0.05 degree longitudinal stationkeeping. See 47 C.F.R. 9 25.2 100). 6. The license term for the EchoStar 10 satellite is 10 years and will begin to run on the date the licensee certifies to the Commission that the satellite has been successfully placed into orbit and its operation hlly conforms to the terms and conditions of this authorization. 7. EchoStar is afforded thirty days from the date of release of this grant and authorization to decline this authorization as conditioned. Failure to respond within this period will constitute formal acceptance of the authorization as conditioned. 8. This Grant is issued pursuant to Section 0.261 of the Commission's rules on delegated authority, 47 C.F.R. 9 0.261, and is effective upon release. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.1 15 of the Commission's rules, 47 C.F.R. $8 1.106, 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken.

9-16. Name of Contact Representative Name: Pantelis Michalopoulos Phone Number: 202-429-6494 Company: Steptoe & Johnson LLP Fax Number: Street: 1330 Connecticut Ave., NW E-Mail: pmichalo@steptoe.com City: Washington State: DC Country: USA Zipcode: 20036- Attention: Relationship: Legal Counsel 17. Choose the button next to the :lassification that applies to this filing for (N/A) bl. 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 (N/A) b4. Modification of License or Registration 0 a l . Earth Station b5. Assignment of License or Registration Q 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 htellite (N/A) b9. Letter of Intent to Use Non-U.S. Licensed Satellite to Provide Service in the United States 0 (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 1.1 114). 0 Governmental Entity 0 Noncommercial educational licensee @ Other(p1ease explain): This application is a minor amendment to a DBS application and as such no fee is required. Id. Fee Classification CWY - Space Station Amendment(Geostationary) 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 tiling 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: 1212I /2005 SATMOD2005 122100267 I 3

TYPE O F SERVICE 20. NATURE O F SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Select all that apply: 0a. Fixed Satellite b. Mobile Satellite c. Radiodetermination Satellite 0d. Earth Exploration Satellite e. Direct to Home Fixed Satellite 0f. Digital Audio Radio Service g. Other (please specify) DBS 21. STATUS: Choose the button next to the applicable status. Choose 22. If earth station applicant, check all that apply. only one. 0 Using U.S. licensed satellites 0 Common Carrier @ Non-Common Carrier 0Using Non-U.S. licensed satellites 24. FREQUENCY BAND(S): Place an 'X' in the box(es) next to all applicable frequency band(s). 0a. C-Band (416 GHz) 0b. Ku-Band (12/l4 GHz) c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: I2200 Frequency Upper: 17800 (Please specify additional frequencies in an attachment) 4

TYPE OF STATION !5. 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 O F EARTH STATION FACILITY 0 TransmitIReceive 0 Transmit-Only 0 Receive-Only 8 N/A ‘For Space Station applications, select N/A.” 5 .. .

PURPOSE OF MODIFICATION !7. The purpose of this proposed modification is to: (Place an 'X' in the box(es) next to all that apply.) 0a authorization to add new emission designator and related service -- 0b -- authorization to change emission designator and related service 0c -- authorization to increase EIRP and EIRP density 0d -- authorization to replace antenna l l e -- authorization to add antenna U 0f -- 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) -- 0k authorization for facilities for which environmental assessment and -- adiation hazard reporting is required 01 -- authorization to change orbit location 0m -- authorization to perform fleet management 0n authorization to extend milestones -- o -- Other (Please specify) 6

ENVIRONMENTAL POLICY I 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental 0 Yes 0 No impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections I . 1308 and 1.13I I of the Commission's rules, 47 C.F.R. 1.1308 and 1.13 11, as an exhibit to this app1ication.A Radiation Hazard Study Appendix 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 o r 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? 0 Yes @ No 30. Is the applicant an alien or the representative of an alien? 0 Yes @ No 0 NIA 3 I. Is the applicant a corporation organized under the laws of any foreign government? 0 Yes @ No 0 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 0 Yes No 0 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?

33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than 0 Yes @ No 0 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 29,30,31,32 and/or 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. Service Areas 36. Has the applicant or any party to this application or amendment had any FCC station authorization or license @ Yes 0 No revoked or had any application for an initial, modification or renewal of FCC station authorization, license, or construction permit denied by the Commission? IfYes, attach as an exhibit, an explination of circumstances. Response to Q.36 8 _. . .

37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling 0 Yes @ 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, 0 Yes 8 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 0 Yes 8 No matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances. GXT File r ~~ ~~~ 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 andor 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 Response to Q40 beneficiaries. Also list the names and addresses of the officers and directors of the Filer. 9

$ I . 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, 21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. See $7 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? If Yes, 0 Yes a 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. SpaceCap File 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.) See Narrative. INarrative IO

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 Jnited States because of the previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this ipplication. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit n 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 rue, complete and correct to the best of his or her knowledge and belief, and are made in good faith. 14. Applicant is a (an): (Choose the button next to applicable response.) 0 Individual 0 Unincorporated Association 0 Partnership @ Corporation 0 Governmental Entity 0 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 (US. Code, Title 18, Section 1001), AND/OR REVOCATION O F ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)(l)), 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 jboley@fcc.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 sponsor this collection, unless it displays a currently valid OMB control number or if 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. 12

Response to Question 36 In a Memorandum Opinion and Order released May 16,2002, the Satellite Division of the International Bureau cancelled two conditional construction permits held by EchoStar affiliates for 22 channels at the 175" W.L. orbital location. See In the Matter of EchoStar Satellite Corporation, Directsat Corporation, Direct Broadcasting Satellite Corporation, Consolidated Request for Additional Time to Commence Operation, Memorandum Opinion and Order, DA 02-1 I64 (rel. May 16,2002). By Order released July 1,2002, the International Bureau cancelled Echostar's license for a Ka-band satellite system and dismissed a related modification application filed by Echostar. See In the Matter of EchoStar Satellite Corporation; Application for Authority to Construct, Launch, and Operate a Ka-band Satellite System in the Fixed-Satellite Service, Memorandum Opinion and Order, DA 02-1534 (rel. July 1,2002). On November 8,2002, the International Bureau reinstated Echostar's license for a Ka-band system as well as the related modification application. See In the Matter of EchoStar Satellite Corporation; Application for Authority to Construct, Launch, and Operate a Ka-band Satellite System in the Fixed-Satellite Service, Memorandum Opinion and Order, DA 02-3085 (rel. Nov. 8,2002). In a Memorandum Opinion and Order released April 29,2004, the International Bureau denied, in part, four applications filed by EchoStar to operate GSO FSS satellites using the Ka and/or Extended Ku-bands at the 83" W.L., 105" W.L, 113" W.L, and 121" W.L orbital locations. See In the Matter of EchoStar Satellite LLC, Applications for Authority to Construct, Launch, and Operate Geostationary Satellites in the Fixed-Satellite Service Using the Ka and/or ExtendedKu Bands at the 83" WL., 105" KL, 113" R L , and 121" K L Orbital Locations, Memorandum Opinion and Order, DA 04-1 167 (rel. Apr. 29,2004). EchoStar has petitioned for reconsideration of this decision.

In a Memorandum Opinion and Order released August 3 , 2004, the International Bureau declared null and void the space station authorization held by Visionstar, an EchoStar affiliate, for use of the Ka-band at the 113" W.L. orbital location. See Visionstar, Inc., Application for ModiJcation of Authority to Construct, Launch and Operate a Ka-Band Satellite System in the Fixed Satellite Service, Memorandum Opinion and Order, DA 04-2449 (rel. Aug. 3,2004). By letter dated May 19,2005, the International Bureau denied Echostar's applications for a Fleet Management Modification and for a Special Temporary Authority to move the EchoStar 4 satellite to 61.5" W.L., pending the Commission's consideration of another EchoStar request to move the satellite to 77" W.L., on the grounds that the purpose of the proposed fleet management modification was not consistent with the purposes of the Commission's rules and that there were no extraordinary circumstances for the grant of temporary authority. See Letter from Thomas S. Tycz, Chief, Satellite Division, International Bureau, FCC to Pantelis Michalopoulos, Counsel to EchoStar Satellite L.L.C., DA 05- 1405 (May 19,2005). In a Memorandum Opinion and Order released June 3,2005, the International Bureau denied Echostar's application for a Special Temporary Authority to move the EchoStar 4 satellite to 77" W.L. on the grounds that EchoStar had failed to establish extraordinary circumstances for the grant of such authority. See EchoStar Satellite L.L. C., Application for Special Temporary Authority to Conduct Telemetry, Tracking and Command Operations During the Relocation of EchoStar 4 to the 77" KL. Orbital Location, Memorandum Opinion and Order, DA 05-1581 (rel. Jun. 3,2005). However, the International Bureau later granted partial reconsideration of this order and the applications related to moving the EchoStar 4 satellite to

77" W.L. are currently pending before the Commission. See EchoStar Satellite L.L.C., Application for Special Temporary Authority to Conduct Telemetry, Tracking and Command Operations During the Relocation of EchoStar 4 to the 77" KL. Orbital Location, Application for Modification of Direct Broadcast Satellite Authorization To Permit Long-Term Cessation of Operations at the 157" W.L. Orbital Location, Application for Modijkation of Earth Station Authorization to add the EchoStar 4 Satellite at 77" K L . as a Point of Communication, Order on Reconsideration, DA 05-2067 (rel. Jul. 25,2005).

RESPONSE TO QUESTION 40 OWNERSHIP AND CORPORATE OFFICERS AND DIRECTORS OWNERSHIP EchoStar Satellite Operating Corporation is an indirect, wholly-owned subsidiary of EchoStar Communications Corporation (a Nevada corporation). The stockholders owning of record andor voting 10 percent or more of the voting stock of EchoStar Communications Corporation include: Auprox . Approx. Equity Ownership Interest Citizenship Interest' Interest' Charles W. Ergen* USA 53.8% 72.8% Chairman and CEO EchoStar Communications Corporation 9601 South Meridian Blvd. Englewood, CO 801 12 David K. Moskowitz USA *%3 19.3%4 Executive Vice President and General Counsel 9601 South Meridian Blvd. Englewood, CO 801 12 Fidelity Management USA 15.2% 1.5% and Research Corporation (Massachusetts 82 Devonshire Street corporation) Boston, MA 02 109 1 As of January 20,2006. 2 Includes both Class A common and Class B common stock ownership. Class B common stock is owned through several trusts. Less than 1%. Includes Class B Common Stock for which Mr. Moskowitz has voting power solely by virtue of his position as a trustee of several Ergen trusts.

CORPORATE OFFICERS AND DIRECTORS5 EchoStar Communications Corporation Executive Officers: Charles W. Ergen Chief Executive Officer James DeFranco Executive Vice President Carl E. Vogel Vice Chairman Michael A. Neuman President and Chief Operating Officer David K. Moskowitz Executive Vice President, General Counsel and Secretary Steven B. Schaver President, EchoStar International Corporation David J. R a p e r Executive Vice President and Chief Financial Officer Mark W. Jackson President, EchoStar Technologies Corporation 0. Nolan Daines Executive Vice President, Broadband Michael Kelly Executive Vice President, DISH Network Service L.L.C. and Customer Service Operations Board of Directors: Charles W. Ergen Chairman Carl Vogel Steven R. Goodbarn James DeFranco David K. Moskowitz Cantey M. Ergen C. Michael Schroeder Michael T. Dugan Tom A. Ortolf Gary Howard EchoStar Satellite Operating Corporation Executive Officers: Charles W. Ergen President and Chief Executive Officer James DeFranco Executive Vice President David K. Moskowitz Executive Vice President, General Counsel, Corporate Secretary Board of Directors: Charles W. Ergen Chairman James DeFranco David K. Moskowitz The address for all officers and directors of EchoStar Communications Corporation and EchoStar Satellite Operating Corporation is 960 1 South Meridian Blvd., Englewood, CO 801 12. -2-

Appendix 1 to (ECHOSTAR-10 Spot Beam Satellite) Analvsis of ANNEX 1 of Appendix 30 for USABSS-26 at l l U o W.L 1 Limits for the interference into frequency assignments in conformity with the Regions 1 and 3 Plan or with the Regions Z and 3 List or into new or modified assignments in the Regions 1 and 3 List Does not apply to the Region 2 Plan. 2 Limits to the change in the overall equivalent protection margin for frequency assignments in conformity with the Region 2 Plan With respect to ,$' 4.2.3 c) of Article 4, un administration in Region 2 is considered as being aflected if the overall equivalent protection margin28 correqmding to a test point of its entry in the Region 2 Plan, including the cumrdative efect of any previous modfication to thur Plan or any previous agreement,falls more than 0.25 (IB below 0 d3, or, ifalready negative, more than 0.25 dB below the value re.sulting,fiom: - rhe Region 2 Plan us established by the 1983 Conference; or - a modification ofthe assignment in accordance with this Appendix; or - a new e n t y in the Region 2 PIan tinder Article 4; or - any agreement reached in accordance with this Appendix. WRYR('-O~) The MSPACE analysis was pcrfomcd utilizing the ITU Plan file in IFIC 2555. The results of the analysis for foreign networks are contained in Annex I to this Appendix. As shown the affected foreign administrations arc Canada, the United Kingdom, and the Netherlands. It is noted that nonc of the OEPM degradations are more than 1.0 dB greater than the allowcd 0.25 dB except for the United Kingdom and Netherlands filings at 105.5"Wand 114OW respectively. Givcn the closc orbital separation between thesc filings and the U.S. 1 lQoWorbital location this would be expcctcd to be the worst case. ?* For the definition of the overall equivalent protection margin. see $ 1. I 1 of h n e x 5.

3 Limits to the change in the power flux-density to protect the broadcasting-satellite service in Regions 1 and 2 in the band 12.2- 12.5 GHz and in Region 3 in the band 12.5-12.7 GHz With respect to $4.2.3 a), 4.2.3 b) or 4.2.3j ) of Article 4, as appropriate, an udministration in Region I or 3 i s considered as being afccted if the proposed modification to the Region 2 Plan Miould result in exceeding the following power flux- dens@ values, at any test point in the service area qf its overlapping jkquency assignments: -147 dB(W/(nt' ' 27 MHz)) for 0 O 5 8 ~ 0 . 2 3 -I 35.7 -t17.74 log B dB(W/(m2 .27 MHz)) jbr 0.23" Si9<2.0° -136.7 + 1.66 d dB(Wl(m2. 27 MI€..)) for 2.0" X6<3.59" -129.2 + 25 log 0 dB(W/(m2 27 MHz)j for 3.59"_<6<10.57" -1 03.6 dB( Wl(m' ' 2 7 Mfl..)) $>r /0.57"18 where 0 is the minimum geocentric orbirul separation in degrees hetween the wanted and interfering spuce stations, taking into account the respective East- West station-keeping accuracies. i w ~ c m i The closcst Rcgions 1 and 3 BSS orbital location in thc Regions 1 and 3 Plan or List IS the French OCE10100 assignment at 16OoW, which is 50' from the llOoW orbital location of USABSS-26. Therefore the -103.6 dB(W/(m2 . 27 MHz)) level from the above limits applies in this case. The GIMs Appendix 30 pfd tool was used to assess compliance with this Section. Using the antenna gain contours and powcr lcvels of the 49 spot beams the GIMS pfd tool showed that no Administrations are affccted. Therefore USABSS-26 is compliant with this Section. 4 Limits to the power flux-density to protect the terrestrial services of other administrations29, I 3O7 With respect to JV 4.2.3 dj ojAriicle 4, an administration in Region I , 2 or 3 is considered as being affected if the consequence of the proposed modijication to an existing assignment in the Region 2 Plan is to increase the power flux-density urriving on any part ofthe territory qf that udministration by more than 0.25 dB over that resulting from 29 See 4 3.18 o f Annex 5. 30 IR the band 12.5-12.7 Glfz in Region 1, these limits are applicable only tu the territory of administrationsmentioned in Nos. 5.494 and 5.496. 31 See Resolution 34.' * .Vote by the Secreturjuf:This Resolution was revised by WRC-03.

thatfiequency assignment in the Region 2 Plan at the titne ofentty into force of the Final Acts qf the 1985 Confirence. The same administrution is considered as not being affected if the value of ihe power.flux-density anywhere in its territoty does not exceed rhe limits expressed below. With respect to $4.1. I d) or .J 4.2.3 d) c.ArticIe 4, an administrution in Region 1, 2 or 3 is considered as being affected if the proposed new assignment in the Regions 1 and 3 List, or if the proposed new fieyuency ussignment in the Region 2 Pliw, would restilt iia exceeding a power.flux-density,.for any angle of arrival, at any point on its territory, o$ -14% dB(W/(mz . 4 kHzj) for 815" -14% 0.5 i- (e- 5) dB(W(m2 . 4 kHz) ,for 5" < 8s25" -138 dB(W/(m2 . 4 kHz)) for 25" < 0590" where B represents the angle of at-rival. WRC-OJ~ The GlMS pfd too1 was used to determinc the list of Administrations whose terrestrial services may be affected by the USABSS-26 modification to the Region 2 Plan. Of the analysis of 49 spot beams only 2 beams resulted in identifying an Administration as potentially affected. Thesc are Beam T33 which has an exccedence ovcr Canada and bema T46 that has an cxceedncc over Russia. Beam T46 provides coverage of Alaska and the exceedence of the pfd level is over a small area of north eastern Russia. Given the limited area where the exceedence occurs it is believed that this can be successfully coordinated. Although the T33 beam excceds the pfd level in Canada Paragraph 4.2.3 d) of Article 4 of Appendix 30 states that the above pfd limits apply to countries not having frequency assignments in the broadcasting-satellite service in the channel concerned. Since both Canada is assigncd all 32 channels in the Plan, these limits do not apply on their territory. 5 (Not used.) 6 Limits to the change in the power flux-density o f assignments in the Regions 1 and 3 Plan or List to protect the fixed-satetlite service (space- to-Earth) in the band 11.7-12.2 GHz32 in Region 2 or in the band 12.2- 12.5 GHz in Region 3, and of assignments in the Region 2 Plan to protect the fixed-satellite service (space-to-Earth) in the band 12.5-22.7 GHz in Region 1 and in the band 12.2-12.7 GHz in Region 3 With respect to $4.2.3 e). an administrution i s considered as being ujfected if &he proposed modijkation to the Region 2 PIan w.otrld result in (in increase in the power flux- 32 Including assignments operating under KO. 5.485.

density over any portion of' the service area of its overlapping jkyuency ussignments in the.fixed-.satelIiie service in Region I or 3 of 0.25 dB or more above that resulting-from the.jreyrrency assignnients in the Region 2 Plan at the time of e n t w into force of the Final Acts of the 1985 Conference. With respect to j4.1.1 e) or 4.2.3 e) of Article 4, with the exception of cases covered by Note I below, an administration is considered as not being aflected if the proposed new or modified assignment in the Regions I and 3 List, or i f a proposed modijkafion to the Region 2 Plan, gives a power flux-density anywhere over any portion of the service area of its overlapping frequency assignments in the)xed-satelIite service in Region I, 2 or 3 of less than: -186.5 dB(Wi(m2 ' 40 kllz)) .for 0 " I B dI.054" -I 64.0 + I 7.74 log $ dB(W/(m2 40 kHz)) fbr 0.054" I8 t 2 . 0 " -165.0 -t 1.66 8? dB(W/(m2 * 40 WIz)) for 2.0" sB<3.59" -157.5 i 25 log B dB(W/(m'. 40 kHz)) for 3.59"s-O<10..57" -131.9 d B ( W i ( k . 40 MZ)) jbr m570se where H is the minimum geocentric orbital sepuration in degrees between the wanted and interfering space stations, taking into account the respective East- We-st station-keeping accuracies. Thc GIMS pfd tool was used to verify compliance with this Section. All Regions 1 and 3 FSS satellites are greater than 11.57" from thc 110 "W location, therefore the -131.9 dB(W/(m2 . 40 kHz)) level applies. The results of the GIMS analysis shows that no Administrations are affected by USABSS-26. Therefore USABSS-26 is compliant with this Section. 7 Limits to the change in equivalent noise temperature to protect the fixed- satellite service (Earth-to-space) in Region 1 from modifications to the Region 2 Plan in the band 12.5-12.7 GHz With respect to J 4.2.3 e) qf Article 4, an administration of Region I i s considered as being aflected if the proposed modfication to the Region 2 Plan vvould result in: - the value of AT/T resulting from the proposed modgcation is greater than the value of A T / T resuIting from the assignment in the Region 2 Plan as (if the dute of'entty intof w c e o j the Final Acts of the I985 Conference; and - the value qf AT/T resulting.from the proposed modijkation exceeds 6% using the method of'Apyendix 8 (Case If). (imc-o.jj

From a review of thc available ITU space network databases there are no assignmcnts rcgistered in the Earth-to-spacc direction in the frequency band 12.5-12.7 GHz. Therefore no Region 1 space station can bc affected and USABSS-26 is compliant with this Section.

Annex 1 to Aaoendix 1 to Technical Annex ECHOSTAR-10 ,&ISPACEResults ] G I 00007031 I -105.5 I 5,13,19,21,25,27,29,31 USAT-S1 I G I 00007032 I -105.5 1 5,13,19,21,23,25,27,29,31 I 1.521 I USAT-S1 G I 00007038 I -105.5 I 4,12,18,20,24,26,28,30,321 1.152 I USAT-S1 G 00007039 -105.5 4,12,18,20,24,26,28,30,32 1.63 USAT-SI G 00007040 -105.5 4,12,18,20,26,28,30,32 1.358 USAT-SI G 00007041 -1 05.5 4,12,18,20,26,28,30,32 I.36 USAT-S1 G 00007042 -105.5 4,12,18,20,24,26,28,30.32 1.544 USAT-SI G 00007604 -105.5 5,13,19,21,27,31 0.661 USAT-SI MOD-A G 00007606 -105.5 5,13,19,21,27,29,31 0.457 USAT-SI MOD-A G 00007607 -105.5 5,13,19,27,29,31 0.566 USAT-SI MOD-A G 00007609 -105.5 19,21,27,29,31 0.327 USAT-SI MOD-A G 00007610 27,29,31 0.446 USAT-SI MOD-A G 00007613 -105.5 27 0.267 USAT-SI MOO-A G 000076 16 -105.5 5,13,19.21,27,29,31 0.724 USAT-SI MOO-A G 00007618 -105.5 5,13,19,21,27,29,31 0.511 USAT-SI MOD-A , G , 00007619 , -105.5 I 5,13,19,27,29,31 , 0.639 , USAT-SI MOD-A , G I 00007621 I -105.5 I 19,21,27,29,31 I 0.37 I USAT-Sl MOD-A G I 00007622 I -105.5 I 5,13,19,27,29,31 1 0.509 I USAT-SI MOD-A G 00007624 -105.5 19,27,29,31 0.28 USAT-S1 MOD-A G 00007625 -105.5 27 0.309 USAT-SI MOD-A G - 0000762a - --- -105.5 . . -.--. 4.12.18.20.24.26.28.30.32 , 1.098 USAT-SI MOD-A I I 1 ~ G 00007629 -105.5 4,12,24,26,28,30,32 I 0.537 1 USAT-S1 MOD-A G 00007630 -105.5 4,12,18,20,24,26,28,30,32 0.853 USAT-SI MOD-A G 00007631 -105.5 4,12,18,26,28,30,32 0.84 USAT-SI MOD-A G 00007632 -105.5 4,12,24,26,28,30,32 0.404 USAT-SI MOD-A G 00007633 -105.5 4,12,18,20,26,28,30,32 0.732 USAT-SI MOD-A G 00007634 -105.5 4,12,18,26,28,30,32 0.698 USAT-SI MOD-A G 00007635 -105.5 4,12,24,26,28,30,32 0.316 USAT-SI MOD-A G 00007636 -105.5 4,12,18,20,26,28,30,32 0.603 USAT-SI MOD-A G 00007637 -105.5 4-12,18,26,28,30,32 0.476 USAT-SI MOD-A G 00007640 -105.5 4,12,18,20,24,26,28,30,32 1.149 USAT-SI MOD-A , G 00007641 -105.5 4,12,24,26,28,30,32 0.581 USAT-S1 MOD-A G 00007642 -105.5 4,12,18,20,24,26,28,30,32 0.908 USAT-SI MOD-A

G 00007643 -105.5 4,12,18,26,28,30,32 0.908 1 USAT-S1 MOD-A G 00007644 -105.5 4,12,24,26,28,30,32 0.444 I USAT-S1 MOD-A , G 00007645 -105.5 4.12,?8.2O,24.26.28.3O.32 0.787 1 USAT-Si MOD-A . G 00007646 -105.5 4.1 2,18,26,28,30,32 I 0.764 USAT-SI MOD-A G 00007647 -105.5 4,12,24,26,28,30,32 0.351 USAT-SI MOD-A G 00007648 -105.5 4,12,18,20,26,28,30,32 0.658 USAT-SI MOD-A . G 00007649 -105.5 4,12,18,26,28,30,32 0.533 USAT-SI MOD-A G 00007651 -105.5 26,28,30 0.275 USAT-SI MOD-A G 00008996 -105.5 5,13,19,21,27,31 0.661 USAT-S1 MOD-A G 00008998 -105.5 5,13,19,21,27,29,31 0.457 USAT-S1 MOD-A G 00008999 -105.5 5,13,19,27,29,31 1.311 USAT-SI MOD-A G 00009001 -105.5 19,21,27,29,31 0.327 USAT-S1 MOD-A G 00009002 -105.5 5,13,19,27,29,31 1.141 USAT-SI MOD-A G 00009005 -105.5 5,13,19,27,29,31 0.745 USAT-SI MOD-A , G 00009007 -105.5 27 0.373 USAT-SI MOD-A G 00009008 -105.5 5,13,19,21,27,29,31 0.724 USAT-SI MOD-A G 00009010 -105.5 5,13,19,21,27,29,31 0.511 USAT-SI MOD-A G 00009011 -105.5 5,13,19,27,29,31 1.431 USAT-SI MOD-A G 00009013 -105.5 19,21,27,29.31 0.37 USAT-S1 MOD-A G 00009014 -105.5 5,13,19,27,29,31 1.262 USAT-SI MOD-A G 00009016 -105.5 19,27,29,31 0.28 USAT-SI MOD-A G 00009017 -105.5 5,13,19,27,29,31 0.84 USAT-SI MOD-A G 00009019 -105.5 2?,29,31 0.427 USAT-S1 MOD-A G 00009020 -105.5 4,12,18,20,24,26,28,30,32 1.098 USAT-SI MOD-A G 00009021 -105.5 4,12,24,26,28,30,32 0.537 USAT-SI MOD-A G 00009022 -105.5 4.1 2,18,20,24,26,28,30,32 0.853 USAT-Sl MOD-A G 00009023 -105.5 4,12,18,26,28,30,32 1.53 USAT-Si MOD-A G 00009024 -105.5 4,12,24,26,28,30,32 0.404 USAT-S1 MOD-A G 00009025 -105.5 4,12,18,20,26,28,30,32 0.732 USAT-SI MOD-A G 00009026 -105.5 I 4,12,18,26,28,30,32 1.387 USAT-SI MOD-A G 00009027 -105.5 I 4,12,24,26,28,30,32 0.316 USAT-SI MOD-A G I 00009028 I -105.5 I 4,12,18,20,26,28,30,32 I 0.603 1 USAT-SI MOD-A G I 00009029 I -105.5 I 4,12,18,26,28,30,32 1 1.076 I USAT-Si MOD-A 4.12.18.26.28.30.32 1 0.604 1 USAT-SI MOD-A I G 00009032 -105.5 4,12,18,20,24,26,28,30,32 1.149 USAT-S1 MOD-A G 00009033 -105.5 4,12,24,26,28,30,32 0.581 USAT-S1 MOD-A. G 00009034 -105.5 4,12,18,20,24,26,28,30,32 0,908 USAT-SI MOD-A G 00009035 -105.5 4,12,18,26,28,30,32 1.597 USAT-SI MOD-A , - G 00009036 -105.5 4,12,24,26,28,30,32 0.444 USAT-SI MOD-A G 00009037 -105.5 4,12,18,20,24,26,28,30,32 0.787 USAT-SI MOD-A G 00009038 -105.5 4,12,18,26,28,30,32 1.466 USAT-S1 MOD-A G I 00009039 I -105.5 I 4,12,24,26,28.30,32 1 0.351 I USAT-S1 MOD-A G I 00009040 I -105.5 I 4,12,18,20,26,28,30,32 1 0.658 I USAT-SI MOD-A G I 00009041 I -105.5 I 4,12,18,26,28,30,32 1 1.162 1 USAT-S1 MOD-A" G I 00009043 I -105.5 1 4,12,18,26,28,30,32 I 0.665 1 USAT-SI MOD-A HOL 00007415 -125 4,12,18,26.28,30 0.489 NSS-10 BSS HOL 00007416 -125 4,12,18,26,28,30 0.458 NSS-10 BSS HOL 00007417 -125 4,12, f8,26 0.302 NSS-10 BSS

HOL 00009844 -1 14 17,25 ' 3.474 SF BSS5 HOL 00009845 -1 14 4,12,28 2.831 SF BSS5 HOL 00009846 -1 14 3,l I,19,27 2.754 SF BSSS HOL 00009847 -114 26 1.064 SF BSS5 HOL 00009848 -114 25 1.776 SF BSS5 HOL 00009850 -1 14 3,11,27 1.858 SF BSSS XOL 00009851 -114 26 0.837 SF BSSS HOL 00009852 -1 14 17 0.771 SF BSSS HOL 00009854 -114 3.19 0.647 SF BSS5 HOL 00009855 -1 14 22,30 3.818 SF BSSS

HOL I 00009856 I -114 I 5,13,21,29 1 2.924 1 SF BSS5 HOL I 00009857 I -114 I 24,32 I 4.362 I SF ~BSS5 HOL I 00009881 -1 14 26 1 327 SF BSS5 HOL 00009882 -114 17,25 1.711 SF BSS5 HOL . 00009883 -114 4,12,28 1 753 SF BSSS HOL 00009884 -1 14 3,11,27 1 785 SF BSSS HQL 00009885 -1 14 26 1 38 SF BSS5 HOL 00009886 -114 17,25 0 982 SF BSS5 HOL 00009887 -114 28 2.159 SF BSSS HQL 00009888 -114 3.1 1,19,27 1881 SF BSS5 HOL 00009889 -1 14 26 1484 SF BSS5 HOL 00009890 -114 17,25 0 79 SF^ BSS5 HOL 00009891 -114 4,12,28 1 757 SF BSS5 HOL 00009892 -114 3,11,19,27 1 766 SF BSS5 HOL 00009893 -1 14 18,26 1 733 SF-BSS5 ___ ~ HOL 00009894 -114 17,25 1 285 SF BSS5 HOL 00009895 -114 4,12,20,28 0 617 SF BSS5 HOL 00009896 -114 3,11,19,27 2 389 SF BSS5 HOL 00009897 -1 14 24,32 3.913 SF BSS5 __ HOL 00009898 -114 23,31 2 219 SF BSSS HOL 00009899 -114 22,30 4 867 SF BSS5 HOL 00009900 -114 5,13,21,29 3.696 SF BSS5 HOL 00009901 -1 14 24,32 2.553 SF BSS5 HOL 00009902 -114 31 1 208 SF BSS5 HOL 00009903 -1 14 30 1.929 SF BSS5 HOL 00009904 -1 14 5,13,21 1.32 SF BSS5 HOL 00009905 -114 24,32 1416 SF BSS5 HOL 00009907 -1 14 22,30 1516 SF BSS5 HOL 00009908 -114 5,13,21 0 984 SF BSS5

HOL 00009909 -1 14 24,32 1 1767 SF BSS5 HOL 00009911 -1 14 22,30 1691 SF BSS5 HOL 00009912 -1 14 5,13.21 1 008 SF BSS5 HOL 00009913 -114 24,32 2 787 SF BSS5 HOL 00009915 -1 14 22,30 1471 SF BSS5 HOL 00009916 -1 14 5,13.21 0 87 SF BSS5 HOL 00009917 -114 20,28 2688 ‘ SF BSS5 HOL 00009918 -114 19 3 851 SF BSS5 HOL 00009919 -1 14 26 0 97 SF BSS5 HOL 00009920 -1 14 25 0 388 SF BSS5 HOL 00009921 -114 12,28 0 501 SF BSS5 HOL 00009922 -1 14 11,19,27 1153 SF BSS5 HOL 00009923 -1 14 26 1 698 SF BSS5 HOL 00009924 -1 14 17 0 621 SF BSS5 HOL 00009925 -1 14 4,12,28 1 355 SF 0SS5 HOL 00009926 -1 14 3,11,19,27 1457 SF BSS5 HOL 00009927 -1 14 26 1 049 SF 0SS5 HOL 00009928 -114 17,25 0.879 SF BSS5 HOL 00009929 -114 28 ; 1769 SF BSS5 HOL 00009930 -1 14 3,11,19,27 1 962 SF BSS5 HOL 00009931 -1 14 24 1 528 SF BSS5 HOL 00009933 -1 14 22.30 1 79 SF BSS5 HOL 00009934 -1 14 5,13 1078 SF BSSS HOL 00009935 -1 14 32 7 294 SF BSS5 HOL 00009936 -1 14 31 ! 3.963 SF BSS5 HOL 00009937 -1 14 4,12,20,2a 7 197 SF BSS5 HOL 00009938 -114 3,11,19,27 3 35 SF BSS5 HOL 00009941 -1 14 30 8.583 SF BSS5 HOL 00009942 -1 14 5,13,29 4.687 SF BSS5

CERTIFICATION OF PERSON RESPONSIBLE FOR PREPARING ENGINEERING INFORMATIOY I hereby certify that I am the technically qualified person responsible for preparation of the engineering information contained in this application, that 1 am familiar with Part 25 of the Commission’s rules, that I have cither prepared or revicwed the engineering information submitted in this application and that it is complete and accurate to the best of my knowlcdge and belief. isi Richard J. Barnett, PhD, BSc Telecomm Strategies Inc. 6404 Highland Drive Chevy Chase, MD 208 15 (301) 656-8969 January 19,2006 A- I


Document Created: 2006-03-28 11:47:01
Document Modified: 2006-03-28 11:47:01
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