Attachment GRANT

GRANT

DECISION submitted by FCC,IB

GRANT

2004-02-13

This document pretains to SAT-LOA-20031103-00322 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2003110300322_357892

S2601 SAT-LOA-20031103-00322 18200300218S EchoStar Satellite L.L.C. Approved by OMB 3060-0678 APPLICATION FOR SATELLITE SPACE STATION AUTHORIZATIONS FCC Use Only FCC 312 MAIN FORM FOR OFFICIAL USE ONLY 1-8. Legal Name of Applicant Name: EchoStar Satellite Corporation Phone Number: 303-723- 1000 DBA Name: Fax Number: 303-723- 1699 Street: 5701 South Santa Fe E-Mail: City: Littleton State: co Country: USA Zipcode: 80120 - Attention: David K Moskowitz 1

Attachment Conditions of Authorization 211312004 1. EchoStar Satellite Corporation’s application, SAT-LOA-20031103-00322, Call Sign S2601, IS GRANTED and EchoStar Satellite Corporation is authorized to launch and operate its EchoStar-125W satellite at 125’ W.L., in the frequency bands 18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30.0 GHz, in accordance with the terms, conditions, and technical specifications set forth in its application and this Attachment. 2. EchoStar-125W must be constructed, launched, and placed into operation in accordance with the technical parameters and terms and conditions of this authorization by these specified time periods following the date of authorization: a. Execute a binding contract for construction within one year (2/13/2005) b. Complete the Critical Design Review within two years (2/13/2006) c. Commence construction within three years (2/13/2007) d. Launch and begin operations within five years (2/13/2009) e. EchoStar Satellite Corporation must file a bond with the Commission in the amount of $5 million, pursuant to the procedures set forth in Public Notice, DA 03-2602, 18 FCC Rcd 16283 (2003), within 30 days of the date of this grant (3/15/2004). Failure to meet any of these dates shall render this authorization null and void. 3. Echostar Satellite Corporation shall prepare the necessary information, as may be required, for submission to the International Telecommunication Union (ITU) to initiate and complete the advance publication, international coordination, due diligence, and notification process of this space station, in accordance with the ITU Radio Regulations. EchoStar Satellite Corporation shall be held responsible for all cost recovery fees associated with these ITU filings. We also note that no protection from interference caused by radio stations authorized by other administrations is guaranteed unless coordination and notification procedures are timely completed or, with respect to individual administrations,by successfully completing coordination agreements. Any radio station authorization for which coordination has not been completed may be subject to additional terms and conditions as required to effect coordination of the frequency assignments of other administrations. See 47 C.F.R. Q 25.1 1 l(b). 4. The license term for the EchoStar-125W satellite, Call Sign S2601, is fifteen years and will begin to run on the date that EchoStar Satellite Corporation certifies to the Commission that the satellite has been successfully placed into orbit and its operation fully conforms to the terms and conditions of this authorization. 5. EchoStar Satellite Corporation must coordinate its downlink operations in the bands 18.3- 18.8 GHz and 19.7-20.2 GHz with U.S. Government systems, including Government operations to earth stations in foreign countries, in accordance with footnote US334 to the Table of Frequency Allocations, 47 C.F.R. 0 2.106. 6. EchoStar Satellite Corporation must conduct its operations pursuant to this authorization in a manner consistent with the power flux-density requirements of footnote US255 to the Table of Frequency Allocations, 47 C.F.R. 0 2.106, and 47 C.F.R. 0 25.208, of the Commission’s Rules.

7 . EchoStar Satellite Corporation shall provide a written statement to the Commission within 60 days of the date of this grant that identifies any known satellites located at, or planned to be located at, EchoStar Satellite Corporation’s assigned orbital location, or assigned in the vicinity of that location such that the station-keeping volume of the respective satellites might overlap, and that states the measures that will be taken to prevent in-orbit collisions with such satellites. This statement should address any licensed FCC systems, or any systems applied for and under consideration by the FCC. The statement need not address every filing with the ITU that meets these criteria, but should assess and address any systems reflected in ITU filings that are in operation or that EchoStar Satellite Corporation believes may be progressing toward launch, e.g. , by the appearance of the system on a launch vehicle manifest. If EchoStar Satellite Corporation elects to rely on coordination with other operators to prevent in-orbit collisions, it shall provide a statement as to the manner in which such coordination will be effected. 8. This grant does not in any way constitute an approval of EchoStar Satellite Corporation’s post-mission disposal plan for Echostar-125W. 9. EchoStar Satellite Corporation shall submit to the Commission a modification to this authorization, specifying the exact frequencies for tracking, telemetry and command (TT&C) functions for EchoStar-l25W, on, or prior to, the date of its first construction milestone, i.e., 2/13/2005. EchoStar Satellite Corporation states in paragraph A. 19 that the TT&C frequencies for Echostar-125W will be “within the Ka bands” and that it will provide its final TT&C frequencies for the Echostar-125W satellite to the Commission shortly after it has selected a manufacturer for the satellite. Thus, we conclude that EchoStar Satellite Corporation will be able to provide precise TT&C frequencies to the Commission by the time it has executed a binding contract for construction. In addition, we remind EchoStar Satellite Corporation that, consistent with 47 C.F.R. 8 25.202(g), the frequencies selected for TT&C functions must be at either or both edges of the allocated bands. 9. EchoStar Satellite Corporation is afforded thirty days from the date of adoption 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. 10. Assignment of any orbital location is subject to change by summary order of the Commission on 30 days notice and does not confer any permanent right to use the orbit and spectrum. 11. Neither this grant nor any right granted by this authorization, shall be transferred, assigned or disposed of in any manner, voluntarily or involuntarily, or by transfer of control of any corporation holding this authorization, to any person except upon application to the Commission and upon a finding by the Commission that the public interest, convenience and necessity will be served thereby. 12. This grant is issued pursuant to Section 0.261 of the Cornmission‘srules on delegated authority, 47 C.F.R. 3 0.261, and is effective upon adoption. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission’s rules, 47 C.F.R. 93 1.106, 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken. 2

9-16. Name of Contact Representative (If other than applicant) Name: Pantelis Michalopoulos Phone Number: 202-429-3000 Company: Steptoe & Johnson LLP Fax Number: 202-429-3902 Street: 1330 Connecticut Avenue N W E-Mail: pmichalo@ steptoe.com City: Washington State: DC Country: USA Zipcode: 20036 - Contact Title: Relationship: Legal Counsel I C'LASSIFICATION OF FILING ~~~~~~ ~~~~~~~~~~~~~~~~ ~ ~~~~ ~ 17. Choose the buttonnext to the b. Aassification that applies to thisfiling for @ b l . Application for License of New Station loth questions a. and b. Choose only one (N/A) b2. Application for Registration of New Domestic Receive-Only Station 'or 17a and only one for 17b. (N/A) b3. Amendment to a Pending Application (N/A) b4. Modification of License or Registration a. (N/A) b5. Assignment of License or Registration :N/A) a l . Earth Station (N/A) b6. Transfer of Control of License or Registration @ a2. Space Station (N/A) b7. Notification of Minor Modification (N/A) b8. Application for License of New Receive-Only Station Using Non-U.S. Licensed Satellite 0 b9. Letter of Intent to Use Non-U.S. Licensed Satellite to Provide Service in the United States 0 b10. Replacement SatelliteApplication - no new frequency bands 0 b l 1. Replacement SatelliteApplication - new frequency bands (Not eligible for streamlined processing) 0 b12. Petition for Declaratory Ruling to be Added to the Permitted List [N/A) b13. Other (Please specify) 2

17c. Is a fee submitted with this application? @ 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 0 Noncommercial educational licensee 10 Other(p1ease explain): 17c. Fee Classification BNY - Space Number of Satellite: 1 Station (Geostationary) 18. If this filing is in reference to an existing station, enter: (a) Call sign of station: Not Applicable 19. If this filing is an amendment to a pending application enter: (a) Date pending application was filed: (b) File number of pending application: Not Applicable Not Applicable 3

21. STATUS: Choose thebutton next to the applicable status. Choose 22. If earth station applicant, check all that apply. only one. Not Applicable 0 Common Carrier @ Non-Common Carrier 24. FREQUENCY BAND(S): Place an "X"in the box(es) next to all applicable frequency band(s). 1 0a. C-Band (416GHz) b. Ku-Band (12/14 GHz) c.0ther (Please specify upper and lower frequencies in MHz.) Frequency Lower: 18000 Frequency Upper: 30000 (Please specify additional frequencies in an attachment) e 4

TYPE OF STATION !5. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one. (N/A) a. Fixed Earth Station (N/A) b. Temporary-Fixed Earth Station (N/A) c. 12/14 GHz VSAT Network (N/A) d. Mobile Earth Station @ e. Geostationary Space Station. Number of Satellites: 1 (Note: Please fill in the number of satellites for GSO license applications ONLY. Otherwise, leave blank.) 0 f. Non-Geostationary Space Station 0 g. Other (please specify) 26. TYPE OF EARTH STATION FACILITY. Not Applicable PURPOSE OF MODIFICATION 27. The purpose of this proposed modification is to: (Place an "X" in the box(es) next to all that Not Applicable apply.) ENVIRONMENTAL POLICY ~ 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental 0 Yes No impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. $3 1.1308 and 1.1311, as an exhibit to this application. 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 5

services are not required to respond to Items 30-34. 29. Is the applicant a foreign government or the representative of any foreign government? a y e s @No 0 N I A 30. Is the applicant an alien or the representative of an alien? QYes @No O N I A 3 1. Is the applicant a corporation organized under the laws of any foreign government? O Y e s @ N o QNIA 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 Q NIA 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 yes @ N o QNIA 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 6

35. Does the Applicant request any waivers or exemptions from any of the Commission’s Rules? Q 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 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? If Yes, attach as an exhibit, an explination of circumstances. Q36 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 @ 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 @ No matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances. 7

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 Q40 beneficiaries. Also list the names and addresses of the officers and directors of the Filer. 41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is @ Yes Q 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 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? If Yes, 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? NIA 8

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 attached n a r r a t i v e . 125W 1 CERTIFZCATION 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.) 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 Senior Vice President & General Counsel I 9

147. Please supply any need attachments. 2: 3: I WILLFUL FALSE STATEMENTSMADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Title 18, Section lOOl), AND/OR REVOCATION OF ANY STATION AUTHORIZATION I (US. 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 Comrnunications 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. 10

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- 1 164 (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).

FCC Form 312 Response to Question 40 OWNERSHIP AND CORPORATE OFFICERS AND DIRECTORS OWNERSHIP EchoStar Satellite Corporation is an indirect, wholly-owned subsidiary of EchoStar Communications Corporation (a Nevada corporation). The stockholders owning of record and/or voting 10 percent or more of the voting stock of EchoStar Communications Corporation include: Approx Equity Ownership Interest Citizenship Interest' Charles W. Ergen2 USA 49.8% Chairman and CEO EchoStar Communications Corporation 5701 South Santa Fe Littleton, CO 80120 Fidelity Management USA 15.1% and Research Corporation (Massachusetts 82 Devonshire Street corporation) Boston, MA 02 109 As of June 12,2003. Mr. Ergen and Fidelity Management and Research Corporation have an approximately 91% and 1% voting interest, respectively, in EchoStar Communications Corporation. * Includes both Class A common and Class B common stock ownership. Class B common stock is owned through a family trust.

FCC Form 312 CORPORATE OFFICERS AND DIRECTORS3 EchoStar Communications Corporation Executive Officers: Charles W. Ergen - Chief Executive Officer Soraya Cartwright - Executive Vice President - DISH Network James DeFranco - Executive Vice President Michael T. Dugan - President and Chief Operating Officer David K. Moskowitz - Senior Vice President, General Counsel and Secretary Steven B. Schaver - President - EchoStar International Corporation Michael R. McDonnell - Senior Vice President and Chief Financial Officer Mark W. Jackson - Senior Vice President - EchoStar Technologies Corporation Michael Schwimmer - Senior Vice President of Programming Michael Kelly - Senior Vice President - DISH Network Service Corporation 0. Nolan Daines - Senior Vice President Board of Directors: Charles W. Ergen - Chairman Steven R. Goodbam James DeFranco David K. Moskowitz Peter A. Dea Cantey M. Ergen Raymond L. Friedlob The address for all officers and directors of EchoStar Communications Corporation and EchoStar Satellite Corporation is 5701 South Santa Fe, Littleton, CO 80120. -2-

FCC Form 312 EchoStar Satellite Corporation Executive Officers: Charles W. Ergen: President and Chief Executive Officer James DeFranco: Executive Vice President David K. Moskowitz: Senior Vice President, General Counsel and Secretary Board of Directors: Charles W. Ergen - Chairman James DeFranco David K. Moskowitz -3-


Document Created: 2004-02-13 17:12:31
Document Modified: 2004-02-13 17:12:31
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