Attachment Question 36

This document pretains to SAT-AMD-20100610-00127 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2010061000127_821757

                                    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

affiliates of the applicant DISH Operating L.L.C. (f/k/a EchoStar Satellite Operating L.L.C.)

(with its affiliates, “DISH Network”) 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 DISH

Network’s license for a Ka-band satellite system and dismissed a related modification

application filed by DISH Network. 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 DISH Network’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 DISH Network 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). DISH Network’s

petition for reconsideration of this decision was denied. See In the Matter of EchoStar Satellite

LLC, Petition for Reconsideration, 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 06-865 (rel. Apr. 14, 2006).

                 In a Memorandum Opinion and Order released August 3, 2004, the International

Bureau declared null and void the space station authorization held by VisionStar, a DISH

Network 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 DISH Network’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

DISH Network 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 DISH Network’s application for a Special Temporary Authority to move the




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EchoStar 4 satellite to 77° W.L. on the grounds that DISH Network 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 then granted DISH Network’s request to move

the satellite to 77º W.L. where it would operate pursuant to Mexican 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, Order on Reconsideration, DA 05-2067 (rel. Jul. 25, 2005) and 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,

Order and Authorization, DA 06-868 (rel. Apr. 18, 2006).




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Document Created: 2010-06-10 14:36:49
Document Modified: 2010-06-10 14:36:49

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