Attachment Q36

This document pretains to SAT-AMD-20060724-00081 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2006072400081_515791

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 175º 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 02-1164 (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 83º W.L., 105º W.L, 113º W.L, and 121º 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 Extended Ku Bands at the 83º W.L., 105º W.L, 113º W.L, and 121º W.L orbital locations, Memorandum Opinion and Order, DA 04-1167 (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 113º W.L. orbital location. See VisionStar, Inc., Application for Modification 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° W.L. 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 -2-

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° W.L. 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 Modification of Earth Station Authorization to add the EchoStar 4 Satellite at 77° W.L. as a Point of Communication, Order on Reconsideration, DA 05-2067 (rel. Jul. 25, 2005). -3-


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Document Modified: 2019-04-14 10:21:33
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