Attachment o&a

o&a

DECISION submitted by FCC,IB

o&a

2004-09-30

This document pretains to SAT-LOA-20031215-00355 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2003121500355_398480

Federal Communications Commission pa cesiet Before the Federal Communications Commission Washington, D.C. 20554 In the Matr of EchoStar KuX Corporation i Appliction for Authorityto Construct, Launch ) and Operate a Geostationary Satelte Using the ) Extended Ku—band Frequencies in the Fixed— ) File No: SAT—LOA—20031215—00355 Satelite Service atthe 121° W.L. Orbial Location ) Call Sign: $2609 ) ) ) ) Order and Authorization Adopt : September 30, 2004 Released: September 30, 2004 By the Chief,Satelite Division,International Bureau + INTROPUCTION 1. In this Order, we grant EchoStar KuX Corporation (EchoStar) authority to construct, Inunch and operatea geostationary satellite orbit (GSO) satelite in the Fixed—Satelite Service (FSS) using the extended Ku—band frequencies atthe 121° W.L. orbital location." We also grant, with certain conditions, EchoStar‘s associated requests for waivers of rule provisions that restrict use of downlink frequencies in the 10.7—11.7 GHz bands. Grant of this application stimulate competitin in the United States and provide consumers more altematives in choosing communications providersand services 1. BACKGROUND 2. EchoStar provides Direct Broadcast Stellite (DBS) satelite services in the mubichannel video programming distribation (MVPD) market to over 9 million subscribers. EchoStar and its afffates currently own and operate eight DBS sateliteatvarious orbtal locations. EchoStar has applied for a new satelite,(herein referred to as EchoStar—121 W that will operate at the 121° W.L. orbital location to provide ESS to North and Cental America. EchoStar—121 W—KuX satelite will supplement and support EchoStar‘s existing MPVD offerings by providing primarily three types of services: Directto Home (DTH)services,including "local—into—local"and High Definition (HD) services, transport of programming to EchoStar‘s DBS uplink centers, and ntermational DTH, broadband and programming transport services? 3. The proposed satelite will operate with 16 transponders each of27 megshertz usable I See EchoStar KuX Corporation Applicatonfor Authoit o Construct, Launch and Operate a Geostationary Stelite Using the Extended K—band Frequencie in theFies:—Satelite Service at the 121 °W L Orbtal Location, FilNo: SATLOA—20031215—0035, ied December 15, 2003, 121% Applicaton). For purpose of this Orde, the "xtended Kirband" is 1145—11.7 GHe in the downlink and 13.75—14.0 GHf n the uplink & 121 Applcaton atp.2

Federal Communications Commission Da des1et bandwidth. Dual orthogonal polarization wl be employed to givefull frequency re—use ofthe uplink and downlink spectrum. All the transponders will use a single broad coverage beam on the downlink and a steerable spot beam on the uplink." 4. On April 23, 2003, the Commission adopted the Airst Space Station Reform Order, substantially revising ts satelite licensing process,‘by, among other things, adopting a "frs—come, firs— served" procedure for applictions for stelites operating in seostationary—satelite orbit,such as EchoStar—121 W.", We placed the application on Public Notice on January 23, 2004 pursuantto the new Hicensing process* No comments were filed on this application. tm pISCUSSION A. General Requirements 5... In the First Space Station Reform Order, the Commission adopted various procedural reforms to expedite the sateltelicensing process t ensure thatsatelite spectrum and orbita esources will be used efciently, to the benefit of American consumers," In revising the satelte ensing rules, the Commission adopted a "firs—come, frst—served" procedure for GSO—like systems." Pursuant to Section 25.158(b)3)," a GSO—like satelite license application will be granted only if the applicant meets the standards etforthin Section 25.156(a),and the proposed satllite will not cause harmful interference to a previously licensed satelte. Pursuantto Section 25.156(@), the Commission will grant GSO—like applicationsif the Commission finds thatthe applicant is legaly, technically and otherwise qualifed, that the proposed faciities and operations comply with all applicable rules, reaulations, and policis, and that grant othe application will serve the public interest, convenience and necessity.""" Accordingly we review EchoStar‘s application to determine whether EchoStar is legallyand technically qualified to hold a satelfite cense. For reasons discussed below, w find that EchoStar is lgally qualified. We also find that EchoStar is technically qualifed,in part because it has provided adequate justifcation for waivers of several technical requirements. B. Legal Qualiications 6. EchoStar sttes that t holds numerous Commission satelite lienses, and that legal qualifications are a matter of record before the Commission.".. We agree with EchoStar on this isue. Moreover, no one has questioned EchoStar‘s legal qualifications to acquire a new satelite license, Accordingly, we find that EchoStar is legaly qualifed to hold a sateltelense. 121W Application atpp. 23 # Amendment of the Commission‘s Space Sution Licensing Rules and Policis, ArsReport and Order and Further Note of Proposed Rulemaking, B Docket No. 0234, 18 FCC Red 10760 (2003) (Fist Space Starion Reform Order) * See FistSpace Station Reform Order, 18 FCC Red at1080+—18 (poras 108—50) f See PublNotiee, Report No. SAT—00188,re. Jnuary 23, 2004 See Fist Space Station Reform Order,18 ECC Red a10776—67(por.7) + See Pist Space Stetion Reform Order, 18 ECC Red at 10804—18 (paras, 108—50) i1 onR 52515800). * anorR 525.1500). 121W Application atp. 6

Federal Communications Commission ba oesies C. Technical Qualifications 1. Two—Degree Spacing 7. The Commission‘s licensing policy for GSO satelites is predicated upon two—degrce orbital spacing between satelites." This policy permits the maximum use of the geostationary—satelite orbit In its applieation, EchoStar provides an iterference analysis to demonstrate tat EchoStar—121 W is two—degree compliant, as required by the Commission‘s rules.". EchoStar maintains that since there are currently no satelites adjacent to 121° W.L.orbital location licensed to use the extended Ku—bands wi the United States it was necessary forit to make certain assumptions in its interference analysis regarding the trnsmission parameters of a future adiacent saellite using the extended Ku—bands.. We find that this analysis conforms to the iterference analysis rule and that EchoStar—121 W complies with our two—degree spacing requirements.. We also conclude that granting EchoStar‘s application will not result in harmful interference to any previously licensed satelte. 2. Full Frequency Reuse 8. In the FirstSpace Sation Reform Order, the Commission extended ts full frequency reuse requirements that have been applicable to the "conventional" C—and Ku— bands for more than two decadesto nclude the extended C— and extended Ku—bands,"" Full requency reuse doublesthe capacity ofa space station by requiring operatorsto use two senses of polarization in each frequency band. The Commissionalso clarified that in addtion to employing vertcal and horizontal polarization, lcensees could take advantage of newer technology by employing orthogonal—linear polarization ororthogonal cirealar polarizations withthe same beams othe use of spatialy independent."" EchoStar proposes to operate EchoStar 121 W with dual orthogonalcircular polarzations. Consequently, it conforms to the rulesas revised 3. Downlink Operations Downlink to Customer Terminals 9. EchoStar secks to downlink to customer receive—only earth stations in the 11.45—11.7 GHtz frequency bands." The proposed downlink bands areallocated internationally and domestically to terrestrial services and to the FSS on a co—primary basis" However, footmote NG1O4 of Section 2.106 " # See Licensing Space Stations in the Domestc Fived—Sate itService, Aeportand Order, 48 FR. 40233 cos). * «7 cr® gs.200). * 47 CF.R. §25210(. See FrsSpace Station Reform Order, 18 FCC Red t 18860 (par. 263) * a7 cra, 252100 121W Application atp. 8 90— 47 CRR§§2.106 and 25202((1). Allocation of a given frequency band to a far service on a primary basis entiles operatrs to prtecton against harmfulinterfeence from sttions of secondary® services Furter, secondary services cannot claim protection from harmfil imerfrence caused by stations of a primary service. See also 47 CIER. §82.104(0)and 2.105(@Co—primary means that both services share the band on an equal basis and both serviees have equal protection against harmfil inerfrence from stations of "secondary" services. * 47 CFR. §2.106 footmote NG 104 state(tlhuse of the bands 10.7—11.7 GHz spaceto—athand 12.75— 1325 Gitz (Barthtospace) by the fixed—satellte service in the peostationanysatellte orbit shall b linited to interational systems, Le. otherthan domestsystems."

Federal Communications Commission Daces16t and footnote 2 of Section 25.202(a)(1)" of the Commission‘s ruleslimit FSS operations in these bands to intemational service only." The Commission found that restricting FSS use of these bands to intermational systems would limit the number of FSS earth sations with which the co—primary terrestril wirless fixed—service (FS) would need to coordinate."" The Commission subsequently declined to amend Foomote NGIO4 to exempt NGSO FSS user terminals because that would permit a "ubiquitous deployment" of earth stations that would hamper development of terestral services:"_ Accordingly, a satellte may provide downlink service into the United States and Possessions (US&P) in the 10.95— 1.2 GHzand 11.45—11.7 GHz only ifthe uplink originates outsidethe US&P 10. EchoStar requests waivers of footnote NGIO4 of the U.S. Table of Allocations and footmote 2 of Section 25.202(a)(1) to "the extent necessary," to provide both domestic and intemational servicefrom the proposed satelite." EchoStar claims that operation of consumer receive—only antennas on an uncoordinated basis will notinhibit or otherwise negatively impact the operations of authorized FS stations in the band." Specifically, EchoStar contends that FS operations will be protected from interference because the satelite downlink will comply with the power fux density limitsseout in the Commission‘s rules." With respect to potentialinerference from FS transmissions, EchoStar expects that ts receive—only earth stations can co—exist with FS stations in most gcographic areas of the United States "while maintaining an acceptable quality of service."®" EchoStar contends that certain mitigating factors, such as buildings, fliage and termin will naturally block FS signals." EchoStaalso proposes to employ interference mitigation techniques, including careful placement of the receiver and/or additional inof the receive—only earth stations, i areas where interference from PS transmiting stations is high."" Finall, EchoStar statesits willimgness to accept "any level ofinterference from FS stations into its earth stations in the extended Ku—band.""" Thus, according to EchoStar,this would not undermine the underlying policy of footote NGIO4, because FS operations will not be negatively impacted by EchoStar‘s operations. 11. EchoStar expresses its willingness to comply with footrote NGIO4 and footote 2 of Section 25.202(a)(1) in the event that the Commission does not grant the requisite waiver requests.". In this event, EchoStar states t is prepared to conduct uplink transmissions exclusively from other counties, © a7 CR §25202()(D foomote 2 sttes "fulse ofthis by peostationary stelite orbitsatlite systems in the fixed—stelfiteservice is imited tinternationlsystems; . otherthan domests systems." ® See Satlite Services, 26 RR 24 1257, 1263—68 (1973), and GHARC Inguiy,70 ECC 24 1193, 1252 (1978). See aso Assignment ofOrbial Locations to Space Sations in the Domest Fixed Stelite Servie and the Appliations of GE American Communications, Inc, Order and Auhorizion, 15 FCC Red 3385 (Sat. & Radiocomm. Div.1999). a it # Amendments ofPars 2 and 25 ofthe Commission‘s Rules to Permit Operation ofNGSO FSS Systems Co— Frequency with GSO and TerretralSystems in the —Band Frequency Range (Frt Report and Order and Purther NPRM), PGC 00—118,16 FCC Red 4096, 41 1—12 (pras 2and 31) (2000) (Re—and NGSO FSS Order) # 121%W Appleation atp.$. ® 121W Application atp. 9 * % * ® # ul ® 14 2 m » 121W Application atp. 10

Federal Communications Commission pacisi6t therchy operatingthe system in a manner that would qualify as internationalservice."" 12. Section 13 ofthe Commission‘s rules authorizes the Commission to waive ts riles for "good cause shown.""" Waiver is appropriate only if special circumstances warrant a deviation from the generalrle, and such deviation would better serve the public interestthan would strit adherence to the generalrle." Generall, the Commission may grant a waiver of ts rulesin a particular case only if the relief requested would not undermine the policy objective of the rule in question and would otherwise serve the public interest. In considering requests for non—conforming spectrum uses, the Commission has indieated that it would generally rant such waivers "when there is litle potentil for interference into any serviceauthorized under the Table of Frequency Allocations and when the non—conforming operator aecepts any interference from authorized services."" 13 In this instance, a waiver of footnote NG 104 would not undermine the rule‘s purpose becauseit involves only passive receive—anly earth stations that are not capable ofcausing interference into FS stitions operating in this band. Further, because, EchoStar has agreed to accept any level of interference from FS stations into itsreceive—only earth stations‘ operations in the extended Ku—bands, FS operators will not be required to coordinate their station operations with the EchoStar receive—only carth stations‘ operations. Under these cireumstances, we determine that additiona! coordination burden would not be placed upon FS operators and that their ablity to expand service in the future would not in any manner be resreted.. However, we remind EchoStar that t is agreeing to operate ts receive antennas in the downlink extended Ku—bands on a nor—interference basisrelative to FS earth stations._ Accordingly, EchoStar shall not claim protection from harmful interference from authorized PS stations to which frequencies are etheralready assigned, or may be assigned in thfuture. In addition, we require EchoStar to inform its customers in writing, including any customers receiving end—use service from resellers accessing capacity on EchoStar—121 W, of the potential for nterference from FS operations in the 11.45— 11.7 GHe frequency band. b. Tracking, Telemetry & Control Operations 14. In addition to the waiver of foomate NGIO4 forits receive—only earth stations discussed above, EchoStar seeks a waiver of footmote NGIO4 and footmote 2 of Section 25.202(a)(1) for its Tracking, Telemetry, and Control (TTEC) operations. EchoStar plans to locate its TT&C earth stations in the United Sttes, and to operateits TT&C links at the edges ofthe extended Ku—bands."" Because a single earth sttion within the United Sttes would both transmit uplink and receive downlink TT&C transmissions in extended Ku—bands, EchoStar‘s proposed TT&C operations do not comply with footnote NGIO4. Therefore, EchoStar requests waivers of footnote NG1O4 and footnote 2 of Section 25.202(a)(1) ofthe Commission‘s rules. 121W Applcation atp. 10. * See Section 13 of the Commission‘s rles, 47 CR §13. See aso WATT Radio v. FCG, 418 F2d 1183 (D.C. Cir 1969) (WAFT RadioNontheast Cellaar Tel Co. v. PCC, 897 F2d 1166 (D.C. Cr. 1990) (Northeas Celliar) 7 SeeNortheast Celider, 897 E2d ut 1166 See WATT Radio418 Bd at 1157 See Fugro—Chance, Inc. Order and Authorization, 10 ECC Red 2860 (pas. 2) (Itl Bur, 1995) (uthorizing non—conforming MSS in the C:band); See lso Motorola Satelite Communications, Inc. Application for Modifeation of License, Order and Authorizarion, 11FCC Red 13952, 13956 (para, 11) l‘ Bur. 1996) (uthorizingservie o fixed terminals n bandsallocatedto the mobilesatelit service) * 121W Appleation at Atachment A, . 17.

Federal Communications Commission paisist 15. EchoStar argues that the nature of TT&C operations is such that TT&C transmissions must inevitably uplink and downlink from the same earth station.. Additonally EchoStar contends that for reliabilty and cost reasons, the earth station should be located in the United States. EchoSta, further argues that the underlying policy for the rules wl not be undermined by granting this request, because the .'IT(&C”opemllons will be primarily be conducted from one (or perhaps a small number of) earth station(s) 16. As noted above, the Commission adopted the footnote NGIO4 restrction in ordertolimit the number of earth stations with which the FS applicants would have to coordinate. The Commission has waived this requirement where the number of potentil earth stations in a particular service is inherently small. For example, the Commission allowed NGSO FSS gateway stations to provide domestic service in the extended Ku—band because the total number of gateway stations would be relatively small." Additionally, the Commission waived. footnote NG1O4 in order to allow a GSO Mobile Satelite Service (MSS) Hicensee to use seaments of the band for domestic feeder—link transmissions, having concluded that the waiver would not undermine the purpose of the restrction because it merely applied to feeder links for one satelite." The Intemational Bureau also recently granted a waiver of NGIO4 to an applicant secking to operate feederinks for a single satelite with no more than two feeder—lnk earth stations.® The Bureau found thatthe incremental impact of the lensec‘s proposed use of the extended Ku—band for feeder—inks would not increase the frequency coordination burden on terrestral wireless servicessignificantly more than the exising permited use of those bands by an international system 17. For similar reasons, we grant EchoStar‘s request for waiver of Footote NGIO4 and footrote 2 of Section 25.202(2)(1) fo ts TT&C operations._ We are authorizing EchoStato operate at most, only one TT&C earth station:" This should not significanty increase the coordination burden on FS applicants.. Further, TT&C operations will be conducted only atthe edaes of the service bands, " Moreaver, we agree with EchoStarthat TT&C signals must be trnsmited from and received at the same earth station®" and foreing EchoStar to locate its TT&C earth station outside of the United States would * 121W Applicaton atp. 11 * Specificall, the Commission noted that most ofthe partesapplying for NGSO FSS authorization in the extended Kurband were proposingto deplay fewer than five such gateway sations in the United Sttes. See Kue band NGSO FSS Order, 16 BCC Red at d1 12 (para. 31 andn. 65) * See Amendment of Parts 2, 22, and 25 of the Commission‘s Rules to Allocate Spectrum for and to EstblisOther Rulesand PoliciesPetaining to the Use ofRadio Frequencie n Land Moble Satelite Service fr the Provision of Various Common Carrier Servces, Memorandirm Opinion, Order, and Authorization, 4 FCC Red 6041, 6081 (parn. 70)(1989) * See Bocing Company, Applications For Modifecation of Authorty For Us of the 190—20257216—2200 Mitz and Associted Frequency Bandsfor a MobileSateite System and Applications For Authorty to Launch and Operae a Non—Geosynchronous Medium Earth Orbit Satelite System in th2 GHtz Band Mobile Satelite Service and in the Acronautical Radionavigation—Satlfte Service, Order andAuthorizatin, 18 FCC Red 12317, 12322—24 (paas.18(Bur.and ORT 2003)(Boning Order}. * e Boeing Order, 18 BCC Red at12323 (paa. 15) § in the Application, EchoStar is not spcifc reaardingthe precisenumber of TT&C earth stations it might requirebeyand the one.. Accordingl, because EchoStar has notindieated definite need for more than one TT&C earth sttio to belocated withn the United States,this waiver pertains only o single TTRC earth sation. See 121W Appleation at Section VIIB,p.11. EchoStar willb requred o coortinate ts proposed TT&C earth stion with terestrialsutions pursuant to Section25 203 othe Commission‘s riles. See aso 47 C.FR. Section §28.203 * 121W Application at Artachment A,p. 14. See 47 CFR. 528 202(@) 121W Applicationatp. 4

Federal Communications Commission DNESC adversely affect EchoStar‘s abilty to maintain contral of the spacecraf.. Thus, we grant EchoStar a waiver of NGIO4 to allow it to provide TT&C to EchoStar—121W from one earth station located in the United States. 18, Additionally, based on our review ofthe technical nformation EchoSar‘s submited, we conclude that EchoStar complies with Section 25.202(@) of the Commission‘s rules which requires the frequenciesselected for TT&C functions tbe at either or both edges of thallocated bands. Coordination with NTIA 19 The 13.75—14.0 GHz band has been allocated domestically and internationally to the fixed:stelfite service, subject to restrictions embodied in footmotes to the domestic and intermationaltables ofallocations. The 13.75—14.0 GHz band is shared on a primary basis with the Government radiolocation service and with the forward space—to—space and space—to—Earth links of the NASA Tracking and Data Relay Satelite (TDRS) System in the space research service. Consequently, erth sttions in the US&P operating with EchoStar—121W will require coordination through the National Telecommunications and Information Administration (NTIA) Interdepartment Radio Advisory Committee‘s (IRAC) Frequeney Assignment Subcommitiee (FAS):" We have received a leterfom the NTIA requesting that we identify this equirement in any grant of uthority to operate a satelte in the 13.75—14.0 GHband."" 20. Domesticall, footnotes US337, US356, and US357 are applicable.". These footnotes place certain restrictions on FSS aperations in order to protect government operations in the band, including manned. space Might"* Intermationally, footmotes 5.502 and 5.503 to the Intermational Telecommunication Union (ITU) Radio Regulations place certain similar restrictions on FSS operations." The fundamental difference between the domestic and international footnotes is that the interational footmotes permit operation of antennas with diameters as small as 1.2 meters for earth stations of a gcosttionary FSS network, whereas, the U.S. footnotes require a minimum earth station diameter of 4.5 meters.. We require that earth sttions in the US&P operate in accordance with the U.S. foototes US356 and US357, For non—US&P earth stations accessing the EchoStar—121 W satllt, we require operation to * ‘See Amendment of Parts 2,25, and 90 ofthe Commision‘s Rules to Allcate the 13.75—14.0 GHtz Band to the Pixed.Satelite Service, Report and Order, ET Docket No. 96—20, 11 ECC Red 11951, 1196061 (paa. 20) (1990 See Leter fom Wi Hatch, Acting Associate Adiminstator, Offie of Spectrum Management, NTIA, to Roderck Port, Acting C . Intemational Bureau, PCC (dated May 11, 1999 Footmote US337 requres that earthstationsaperaing in the 13.78—13.8 Gite band be coordinated through the National Telecommunications and. Information Adminstation (NTIA) Interdepariment Radio Advisory Commitee‘s Frequency Assignment Subcommitee to minimizeinterfrence to the forward spaceto—spacelink of the National Acronaiticsand Space Adminstation Tracking and Data Relay Satelite System. 47 CR §2.106 ussar. a Footmote US356 placesa restrition on minimum antenn sizeof 4.5 metersforeath sttions operating in the 13:75—14.0 GHz band and indicates a minimum equivalent isotrpicaly radiated power (eir) thatshould be used. Footnote US357 limits FSS earth stationerp. spectrl densiy in the 13.77—13:78 GHtz band untl those peostatinary space stations in the space esearch service for which advance publication information was received by the ITU prirto 31 January 1992 cease t operatin this band. * Feomote 5.502 to the ITU Radio Regulations stablishes minimum antenna diameters for eathsations of pcosttionary and non—acostationary satelite networks, and places cerain restritions on cither the minimum equivalent isotrpically radited power (€ir;>)othe power fux density(£d, levels produced by earth saions openting in the 13.75—14.0 GHtz band. Footnote 5.503 limits FSS earth station ciir. spectral dnsiy in the 13.770— 13.780 Gite band for eath sttions in the FSS opertingwth reostiiona—orbit space stations, untl those pcostationary space sttions in the space research service for which advance publication information was received b the ITU priorto 31 January 1992 cease t operat n this band.

Federal Communications Commission pauesi6t be consistent with the interational footnotes 21. ITU Radio Regulation footmote $.503A required the fixed—satellite srvice not to cause harmful imtrference to non—geostationary space stations in the space research and Earth exploration— satefte services prioto the January 1, 2000 and for some earth stations to accommodite the needs of spaceborne precipitation radarsoperating in the band 13.793—13.805 GHe."" We have received a eter from NTIA noting that NASA‘s Tropical Rainfill Measuring Mission (TRMM) satelte system radar in the band 13.793—13.805 GHz is stll operating."" Because TRMM is a highly valuable and visible U.3. asset, with a broad range of international users, NTIA has requested cooperation from the Commission and non— Federal Government entities in providing assistance in reducing interference with the TRMM radar." NTIA notesthat it desies that FSS earthstations in the 13.703 — 13.805 GHz frequency band located south of 39° N. and east of 110° W. operate with emission levels below ~150 dBW/600 kiz at the TRMM space station receiver. Because this is a request and not a requirement, considering the secondary nature of the TRMM operation, we urge,but do not require, operators of earth stations accessing EchoStar—121 W in the 13.75 — 14.0 GHz band to cooperate voluntarily with NASA in orderto faciitate continued operation ofthe TRMM satelite. NTIA also notes that none ofthe other space—based radar operations covered by 5.503A will seek continued cooperationin this respect." . Financial Qualifcations 22. Inits Pist Space Station Licensing Reform Order, the Commission eliminated the financial requirementsthen in place and replaced them with a bond requirement.". Underthis new financial requirement, any entity awarded a license for a GSO satelite must execute a payment bond, payable o the U.S. Treasury, within 30 days ofthe date ofthe icense grant. The bondis payable upon i i n for extendingthat milestone is not provided."" Licensees may reduce the amount othe bond upon mecting each milestone." in light ofthe Commission‘s recent decision to revisethe bond amount t$3 million for geostationary quolite hnaomes sitions, we will souvire Irchaliter to post w 9$aiflionhomd witihe 90 seve ofie dete of this grant . Orbital Debris Mitigation 23. In its application, EchoStar provides a narrative describing the proposed satlfte‘s debris mitigation design and operational strategies, if any, it wll use, as required by Section 25.216(d) ofthe ®=— Footmote 5503A was suppressed at WRC—03. T stured that: "Until 1 January 2000, sttionin the fired. satelfte servie shal not ause harmfilinterference to non—psosttionary space stations in the space research and Earth explontion—satelfte sevices. Addiionally, when planning earth stations in the Axed—stelte service to be brought inservice between 1 January 2000 and 1 January 2001 n orde o accommodate the needs ospaccborne precipiation radars operting in theband 13.793—13.805 GHtz advantageshould betaken of tconsulation process and the infomation given in Recommendation ITU—R SA.1071." * See Leter fom Frederick R. Wentland, Acting Associate Administator, Offce of Spectrum Management, NTHA,to Don Abelson, Chi, Intemational Bureau, RCC (dted Fobruary 28, 2002). uol * on #* See Fis Space Station Reform Order, 18 ECC Red a10826 (paa. 170) * 1t * Ad at 1082627 on 172) Amendment of the Commission‘s Space Station Licensing. Rules: and. Polices, Aist. Order on Reconsideraton andFifh Report and Order, 1B Dodket No. 0234, ECC OA—147(rel. uly7, 2004

Federal Communications Commission pa oesi6t Commission‘s Rules." EchoStar states in its application that in order to control orbital debris, EchoStar proposesto use design for its satelite and launch vehicle that will minimize the amount of debristhat is released during normal operations. Additionally, EchoStar plans to conduct an analysis to ensure that the probabilty of collsions with any known space bom objects during the satelfte‘s normal operational liferme is minimal.. EchoStar also plans to conduct an analysis that will demonstrte that no realistic failure modes exist or can lead to an accidental explosion during normal operations or before completion of post—operational disposal.. Further, EchoStar states that it wll maneuver ts satelfite to a storage orbit with a perigee altiude above it normal operational orbit.. EchoStar also sttes its intent to use a maneuver strategy that reduces the isk of leaving any of part of ts spacecraft near an operational orbit Finally, EchoStar also contends that aftr the satelite reaches ts finadisposal orbit, all onboard sources of stored energy wl be depleted or safely secured. F. Milestones 24. In the First Space Station Reform Order, the Commission noting that milestones are intended to ensure that icensees provide serviceto the publicin timely manner,to prevent warchousing of scarce orbit and spectrum resources codified its generic milestone policy in Section 25.164 of its Rules:" Consistent withthis, we require that EchoStarexecute a binding contract for construction within one year of this grant, complete the Criical Design Review within two years, commence physical construction within three years, and launch and begin operations within five years: IV. CONCLUsION AND ORDERING CLAUsES 25. We find that granting EchoStar‘s app ion and associated waiver request,to the extent provided herein will srve the publicinterest by providing effective use ofthe ied spectrum resource. 26. Accordingly, IT IS ORDERED that EchoStar KuX Corporation‘s application, SAT— LOA—20031215—00355, Call Sign $2609,IS GRANTED and EchoStar KuX Corporation is authorized to constract,launch and operate ts EchoStar—121 W satlfite at 121° W.L., in the 11.45—11.7 GHz and 13.75— 14.0 GHe frequency bands, in accordance with the terms, conditions, antechnical specifiations se forth in ts application and this Order and Authorizario. 27. IT IS FURTHER ORDERED that EchoStar KuX Corporation‘s requests for waivers of NG1O4 of the U.S. Table of Allocations and footnote 2 of Section 25.202(@)(2), in order to provide domestic service using receive—only earth stations in the 11.45—11.7 GHe bands ARE GRANTED. 28. IT IS FURTHER ORDERED that EchoStar KuX Corporation shall operate ts receive= anly earth stations in the 11.45—11.7 GHe bands on a non—interference basis relative to FS stations and that EchoStar KuX Corporation shall not claim protection from harmful interference from any authorized FS stations to which frequenciesare either already assigned, or may be assigned in the future. 29. TT IS FURTHER ORDERED that EchoStar KuX Corporation is required to inform its customers in writing, including end—users receiving service from resellers accessing capacity on EchoStar 121%, thatthe service is being provided on an uncoordinated basis, and of the potentil for interference from FS operations. 30. IT IS FURTHER ORDERED that EchoStar KuX Corporation‘s requests for waivers of * 121W Application at pp. 12—13. See 7 CFR. 525216( & See FirstSpaceSaon Reform Order, 18 FCC Red t 10628(pae. 173) o

Federal Communications Commission pacesiet NG1O4 of the U.S. Table of Allocations and footnote 2 of Section 25.202(a)(1), n order to permit TT&C from the US&P in the 11.45—11.7 GHfrequency bands ARE GRANTED. 31. IT IS FURTHER ORDERED that the waiver to permit TT&C operations in the 11.45— 1.7 GHtzfrequeney bands conditionally granted herein, pertains only to TT&C transmissions between a single GSO satelite at 121° W.L. and a maximum of one fixed earthsation within the continental US&P 32. IT 18 FURTHER ORDERED that EchoStar KuX Corporation shall coordinate its potential TT&C earth station operations with terestrial FS stations in accordance with Section 25.203 of the Commission‘s rules. 33. IT IS FURTHER ORDERED thatin the 13.75—14.0 GHz band, all earth stations in the US&P are required to coordinate through NTIA‘s Interdepartment Radio Advisory: Committ‘s Frequency Assignment Subcommittce, 34, IT IS FURTHER ORDERED that the operation of the EchoStar—121 W satllte network in the 13.75—14.0 GHz band shallbe in accordance withfootnotes US356 and US357 to 47 C.F.R.§2.106 in the US&P, and with footmotes 5.502 and 5.503 tothe ITU Radio Regulations outside ofthe US&P 35. TT JS FURTHER ORDERED that EchoStar—121%W must be constructed, launched, and placed into opertion in accordance with the technical parameters and terms and conditions of this authorization by these specified ime periods following the date ofauthorization: Execute a binding contractfor construction by 9(302005; s en ce Completethe Critical Design Review by 930/2006; Commence construction by %30/2007; Launch and begin operations by 9302009; EchoStar KuX Corporation must post a $3 bond with the Commission, porsuant to the procedures set forth in Publi ltice, DA 03—2603, 18 FCC Red 16283 (2003), by 1030/04. Failureto meet any of these dates shail render this authorization null and void. See 47 C.F.R. §§ 25.161 and 25.164 36. ITIS FURTHER ORDERED that EchoStar KuX Corporation shall prepare the necessary information, as may be required, for submission to the TTU to iniate and complete the advance publication, international coordination, due diligence, and notiication process of this space station, in accordance with the ITU Radio Regulations. EchoStar KuX Corporation shall be held responsible foall cost recovery fees associated with these ITU flings. We also note that no protection from interference eaused by radio stations authorized by other administrtions is uaranteed unless coordination and notification procedures are timely completed. or, with respect to. individual administrations, by successflly 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 coortination ofthe frequency assignments of other adiministrations. S47 C.FR, § 25.1 1 1(b) 37. IT IS FURTHER ORDERED that the license term for the EchoStar—121W, Call Sign §2609,is fieen years and will beain to run on the date that EchoStar KuX Corporation certifiesto the Commission thatthe satelite has been successfully placed into orbit and ts operation fully conforms to the terms and conditions ofthis authorization. 38. IT IS FURTHER ORDERED that EchoStar KuX Corporation shall provide a written statement t the Commission within 60 days ofthe datof this grant thatidentifies any known satelites located at, or planned to be located at, EchoStar KuX Corporation‘s assigned orbitallocation, or assigned 10

Federal Communications Commission na or—siet in the vicinty of that location such that the station—keeping volume of the respective satelites might overiap, and that statesthe measures that will be taken to prevent i—orbit collsions with such satelites This statement should address any Hicensed FCC systems, or any systems applied for and under ration 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 TTU filings that are in operation or that EchoStar KuX Corporation believes may be progressing toward launch, e,g., by the appearance of the system on a launch vehicle manifest._If EchoStar KuX Corporation elects to rely on coordination with other operatorsto prevent n—orbit collsions, it shall provide a statement as to the manner in which such coortination will e effected. 39. This grant does not in any way constiute an approval of EchoStar KuX Corporation‘s post—mission disposal pln for EchoStar—121 W 40. EchoStar KuX Corporation is afforded thirty days from the date of adoption ofthis grant and authorization to decline this authorization as conditioned._Failure to respond within this period will consttute formal acceptance of the authorization as conditioned. 41. This grant is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 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.R.R. §§ 1.106, 1—115, may be filed within 30 days ofthe date ofthe publicnoticeindicating thatthis action was taken. reperaL communtcations commission Thomas S. Tycr Chicf, Satelite Divis International Bureau


Document Created: 2004-09-30 16:22:31
Document Modified: 2004-09-30 16:22:31
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