Attachment grant

grant

DECISION submitted by FCC,IB

grant

2004-10-08

This document pretains to SAT-LOA-20040803-00154 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2004080300154_400023

(orother identfien 3060—0578 Date & Time Filed: Aug 3 2004 8:15:50; File Number: SAT—LOA—20040803—00154 Callign/Satelite TD: $2636 APPLICATION FOR SATELLIE SPACE STATION AUTHORIZATIONS ECC Us Only rce 312 MaiN FoRM FOR OFFICIAL USE ONLY APPLICANT INFORNATION Enter a description ofthis application to identify it on the main menu: Application for Authority to Launch and Operate a Geostationary Satellite Using Ka—band Frequencies at 113 degrees WJL. (2) 1—8. Legal Nime ofApplicant Nime: EchoStar Sirelite LLC Phone Number 3037231000 DBA Nime: Fax Number an—ms—1609 Steet 9601 South Meridian Blvc. E—Mail: Ciy: Englewood Stit: co County: USA Zipcode: son2 — Atention: David K Moskowite

EchoStar Satelite LL.C. File No. SAT—LOA—20040803—00154 Attachment Conditions of Authorization 1082004 EchoStar SatelliteLL.C.‘s (Echostar‘s)application, File No. SAT—LOA—20040803— 00154,IS GRANTED. Accordingly EchoStar is authorized to Iaunch and operate its EchoStar—1 13W satelite,Call Sign $2636, at 113° W.L, in the 183—18.8 GHe, 19.7—20.2 Gife,28.35—28.6 GHe, and 29.25—30.0 GHz frequency bands, in accordance with the terms, conditions, and technical specifications set forth ts application, this Attachment, and the Federal Communications Commission‘s Rules. EchoStar—1 13W must be constructed, lunched, and placed into operation in accordance with the technical parameters and terms and conditions ofthis authorization by these specified time periods following the date ofauthorization: Execute a binding contract for construction by 10/8/200 s en se Complete the Criical Design Review by 10/872006 Commence construction by 1082007 Launch and begin operations by 10/82009 EchoStar must file a bond with the Commissionin the amount of $3 millon, pursuant to the procedures seforth in Public Notice, DA 03—2602, 18 FCC Red 16283 (2003), asrevised by Amendment ofthe Commission‘s Space Sution Licensing Rulesand Policies, Aist Order on Reconsideration and Fith Report and Order, FCC 04—147 (July 7, 2004), within 30 days ofthe date of this grant. Failure to meet any of these datesshall render this auth tion null and void. EchoStashall prepare the necessary information, as may be required, for submissionto the International Telecommunication Union (ITU)t iniite and complete the advance publication, international coordination, due diligence, and notification process ofthis space station, in accordance with the TTU Radio Regulations. EchoStar shall be held responsible for all cost recovery fees associated with hese TTflings. We also note that no protection from interference caused by radio stations authorized by other administrations is guaranteed unless coordination and notiieation procedures are timely completed or, withrespect toindividual administrations, by successfully completing coordination agreements. Any radio station authorization for which coordination has not been completed may be subjectto additionalterms and conditions as required to effect coordination of the frequency assignments ofother administations. See 47 C.FR. § 2511100 "The license term for the EchoStar—1 13W satelite,Call Sizn $2636, is fifteen yearsand will begin to run on the date that EchoStar certifis to the Commission that the satelite has been successfully placed into orbit and ts operation fully conforms to the terms and conditions ofthis authorization EchoStar must coordinate its downlink operations in the 18.3—18.8 GHz and 19.7—20.2 GHfrequency bands with U.3. Government systems,including Government operations to earth sations in foreizn countries, in accordance with footnote US334 to the Table of Frequency Allocations, 47 CER. §2.106.

6.. EchoStar must conduct ts operations pursuant t this authorization in a manner consistent with the power flux—density requirements of footnote US25S to the Table of Frequency Allocations, 47 CFR. § 2.106, and 47 C.FR. § 25.208, ofthe Commission‘s Rules. 7.. EchoStar shall provide a writen statement tothe Commission, within 60 days ofthe date of this grant, identfying any known satelltes located at, or planned to be located a, HEchoStar‘s assigned orbita location, or assigned in the vicinity ofthatlocation such that the station—keeping volume of the respective sateites might overlap, and stating the measures that willbe taken to prevent in—orbit cllisions with such satelites. This statement should address any licensed FCC systems, or any systems applied for and under consideration by the FCC. ‘The sttement need not address every filing withthe TU that meets these crteria, but should assess and address any systems reflected in ITU filings that are in operation or that EchoStarbelieves may be progressing toward aunch, eg.by the appearance ofthe system on a launch vehicle manifest. If EchoStar elects to rely on eoordination with other operators to prevent in—orbit collsions, it shall provide a statement astothe manner in which such coordination will be effected. 8. This grant does not in any way constitutean approval of EchoStar‘s post—mission plan for EchoStar—1 13W 9.. EchoStar‘s request for a waivetoallow submission of ts application information relating to the exactfrequenciesfortracking, tlemetry and command (TT&C) and sateltespacecraf design IS GRANTED, EchoStar‘s applicat paragraph A.19,sates that the TT&C frequencies for EchoStar—1 13W will be "within the Ka bands" and that wll provide ts final TT&C frequencies for the EchoStar—1 13W satelliteto the Commission shortly aftr t has selected a manufacturer for the satelt." Thus, EchoStar will be able to provide precise TT&C frequenciesto the Commission by the time it has executed a binding contract for constru aly, EchoStaris directed to submit to the Commission a modifieation t thi authorization,specifying the exact frequencies for TT&C functions for EchoStar—113W, on, or prior to,the date o ts first construction milestone, i+., 10@%2005, In addition, we remind EchoStar that, consistent with 47 C.F.R. § 25.202(@),the frequenciesselected for TT&C functions must be at either or both edies ofthe allocated bands. Grant ofthis waiver is consistent with previous Commission actions.* 10. EchoStaris aforded thiry days from the date ofadoption of this grant and authorization to declinethis authorization as conditioned. Failure to respond within this perid will constitute formal acceptance of the authorization as conditioned. 11. This grant is issued pursuant to Section 0.261 of the Commission‘sruleson delegated authority, 47 C.F.R, § 0.261, and i effective upon adoption. Pettions for reconsideration under Section 1.106 orapplications for review under Section 1.115 ofthe Commission‘s rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days ofthe date of the public noticeindicating that this action was taken. ! EchoStar Satelte LLC, Application fr Authorityto Launch and Operatea Geostaionary Satelite using Ka—band Frequencies at 113 W.L. Degres, Fle No. SAT—LOA—20040803—00154, at paragraph A.19. " Echostr Stelite LLC, Applicationfor Authorit to Constct,Launch and Operae a Geostaionay Satlite Usingthe Extended Ku—band Frequenciesin thFixed—Satellte Serviceatth109 WL. Orbial Location, File No: SATLOA—20031211—00380, Call Sign: $2607, Order andAuhorizoion, DA 043163, 118 (rl. September 30, 2004) 2

9—16. Name ofContact Representative (Iotier than appliant) Name: Pantelis Michalopootos Phone Number: 202—429—3000 Company: Steptoe & Johnson LLP Fax Number 202—420—3002 Street 1330 Connectiout Avente NW E—Mail pmichalo@steptoe.com Cig: Washington Stie: pe County: USA Zipcode 20036 ~ Contact Tite: Relarionship: Legal Counsel CLASSIRICATION OF FILNG 17. Choose the bttomext tothe 5 elassifation that appliesto thistingfor @1 Applicationfor License of New Sation both questions a.and b. Choose only one (N/A) B2Applcation for Registution of New Domestic Receive—Only Station for 17aand only one for 17b (N/A) b3. Amendment to Pending Application a (N/A) b4. Modifcation of License or Repistration (N/A) b5. Assignment of License or Registration (NA) al. BarthStation (N/A) b6. Transfer of ConttolofLicense or Registation @ 32. Space Station (NA) b7. Notifieation of Minor Modifeation (NA) B Applcation for License ofNew Receive—Only Station Using Non—U.$ used Stelite @5 59. LeteofIntent to Use Non—U.S. Licensed Satete to Provide Servic in the United Stites £ 510. Replacement Stelite Application =no new fequency bands & 511. Replacement Satelite Applieation —new frequency bands (Not eliiblefor streariined processing @5 b12. Peition for Declaatory Rling to be Added t the Permitted Lis (NA) b13. Other (Please specify)

T7e.Is a fee submited wit this application? @ 1f¥es, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 CFRSection 1.1119). &» Governmental Entity gy Noncommercial ducationl censee & Othertplease explain}: 17c.Fee Classfcation BNY—Space Number of Satelite: 0 Sttion (Geostationary) 18. Ifths fling is i refeence to an exisingstation, enter: (#) Callsign ofstation: Not Applicable 19. Ifthi fling is an amendment o a pending application enter: () Datpending application was fled: () File number of penting application: Not Applicable Not Applicable

TYPE OF SERVICE 20. NATURE OF SERVICE: Thisfiling is fora authorzatio to provide or usthfllowing type($) of servic(s) Seletall hatapply: pgj o Fved Sorelite [ > Mobile Satelite [CJ © RadiodeterminationSatellte [] 4 Barth Explortion Satete Jg] & Directto Home Fixed Satelite [] C Disial Audio Radio Service [] # Other (please specify) 21: STATUS: Choose thcbatton nexto the applicablesatus Choose [22 feath sation applicant, check all that apply orly one. Not Applicable & Common Carrier @ Non—Common Carrier 23. IFapplicanis providng INTERNATIONAL COMMON CARRIER service, see istrutions regarding See. 214 flings, Choose oneAre tse faclites g Comneeted t a Public Switched Network g Notconnected toa Public Swtched Network @ N/A 2. FREQUENCY BANDGPlace an *X"in the box(es)next t ll appleable frequency band(o) J +. C—Bnd @6 Gife) 7 b. Ku—Band (12M4 Olt [g] ©Other (Please specify upper and lower frequencies in MIHz) Frequency Lower: 18300 Frequency Upper: 30000 (Pleas specify additional fequencies in an attachment)

TYPE OF STATION 25. CLASS OF STATION: Choose the button next to th clas of sation that apples.. Choose only one. (NA)a Fixed BarthStation (N/A)b. Temporary—Fixed Barth Station (N/A) . 12/14 GHz VSAT Nework (N/A) d. Mobile Eath Sution @ ©. Geosttionary Space Strion g £ Not—Geostationary Space Station @ 1. Other (please specity) 26. TyPE OF EARTH STATION FAGILITY: NotApplicable PURPOSE OF MODIFICATION 27. The parpose of his propased modifcation i o; (Place an *Xin thebax(es) nex o all that NotApplicable apply) ENVIRONMENTAL POLICY 28, Would a Commission grint ofany proposal in this application oramendment have signifieant emvironmental gy Yes @ No impact s defined by 47 CFR 113079 FYES, submitthestatement as required by Sections 11308 and 1.1311 of the Commission‘s rules,47 C.ER. §§1.1308 and 1.1311, asan exhibit to thi applcation A Radiation Hazard Study must accompany all appliationsfor new transmittng fcilis, major modifiations, or majoramendments. AUIEN OWNERSHIP Earth station applicants not proposing to provide broad t, common carrie, aeronauticalen route or acronautical fixed radio station services are not required to respond to Items 30=34.

29,Istheapplicanta foreign government orthe representativeofany foreign government? p)s oN oNA 30. Is thapplicant analien or trepresentative of n alien? 0= eNe oNA 31. Is thapplicanta corporation onganized underthe lavs ofany foreign govermment? pYs @N° oNA 32. Isthe applicanta corporation ofwhich more than one—fih ofthe capitastock is owned ofrecord or vated by gy¥es @No N/A aliens or thirrepresenttives or by t forsign govemment or representatve thereaf or by any corporation oreanized underthe lausoforeigncounty? 33. Isthe applicant a corporation direcly oindirecly controlled by any other corporaion of which more than gy¥es @ No N/A one—fourtofthe capital tack iowned of record or vated byallens, theirepresentatives,orby a foreign govemment or epresentative thereofor by any corporation organized underthe laws ofa foreigncountry? 34. Ifany answer tquestions 29,30, 31, 32 and/or 33 is Yes, attch as an extibitanidentifieation ofhe aliens or foreizn enttes, theirnationalit, their relationship t th applicant, and the percentage of stockthey own or vote. BASIC QUALINICATIONS

35. Doesthe Applicant request any walversor exemptions rom any ofh Commission‘s Rules? @18 o %° 1Vesattach as an extibit, copies of the requests for waivers or exceptions with supporting documents 36. Has the applicant oany party t his aplication or amendment had any FCC sttion authorization or leense e s o xo revaked or had any application foran nitl, modificationor renewal of FCC sttionauthorization,leense, or constiction permit deniedby the Commission? If¥es, ttach asan exhibit, anexplination of ircumstances. ase 37. Has the applicant,or any party t this applieation or amendment, or iny partydrectly ointrecily contrlling o s the applicant ever been convited ofa felony by any stateor federal cour? If¥es,attach asanextibit, an explination ofcircumstances. 38, Has any court finlly adjudged the applicant,orany person direcly or intiretly conrolng the applicant, 018 guilty of unlawfully monopolizing or attempting unlawfully to monopolize radio communication, drecly or indirect,through contralof manuficture or sale ofio apparatus, exclusive ifi arringement oany other means or unfiir methods of competition? If¥es,attach as anexhibt, an explanation ofcitcumstances 39.Is the applicant, oany person diectly orindirecly contrlling theapplicant curentlya pary in ny pending o s matterrefered t in the preceding two items? IF yesatach as an exhinitan explanation ofthe cireurstances

40. Ifthe applicant a corporation and i applying foa space sation lcense,attach as an exhibit tnames, address, and cizenship ofthosestockholders owning a record and/or voting10 percent or more ofth Filr‘s voting stockand the percentages so held. In the case ofiduciary control,indicatethe beneficiary(ies) or class of. Q40 beneficaies. Also listthe names and addresscsof the offcersand directors othFier 41. By checking Yes,the undersigned certifes, thatneither applicant nor any other party t the pplication is @ o o No subject to a denial of Federalbenefitthatincludes FCC benefits pursuantto Section 5301 of the Anti—Drug Actof 1988, 21 U..C. Setion BG2, because ofa comvictionfor possession ordistrbution of contralled substance, Sco 47 CFR 1.2002(b)forthe meaning of &quotiparty to theapplication&:quot; for these purposes. 421. Docs the applicantintendto use a non—U.. Heensed steliteto provide servie in the United Sttes? If¥es, gy Yes @ No answer 42b and atoch an exhibit providing the informationspecified in 47 C.RR. 25.137,asappropriae.IfNo, proceed to question 43 42b, What adminisration has icensed ois in the process oflcensingthe space sttion? I no icense will be sed, what adiminitration has coordinated ois in the process ofcoordinatingthe space sttion?

5: Descripton. (Summanize the natureof heapplcaton and theservices to be provided)._ (If he complee description does not appear in this box, please gotothe end ofthe form to view it in ts eatrey.) See attached narzative ApplicatonNamative CERTIRICATION [The Applicant waives any claim to the use o any pariculr frequency or ofthe electromgnelispectum as agains th regulatory power of he [United Sttesbecause ofthe previous use of the same, whether by lcense orotherwise, and requests an uthorization in accordance with this lpplication. The applicantcetifis hat rant ofthis application would not ause the applicantto be in violation ofthespectrum agaregationimit in 47 CFR Pat 20 Allstatements made in exhibits ae a materalpart hercofand are ncorporited herein as fseout in fullin this aplication. "The undersigned,individualy and for theapplicant, hereby certfesthatall tatements madl n this application and in alatached exhibtsare inve, complete and correctto the best of is or her knowledge and belie,and are madein good fith 4. Applicantisa (an(Choosethe button nextto applcable response) o Individual £» Unincoorated Association g Parentip @ Comoration @ Governmental Entiy gp Other (please specity) 5. Name of Person Signing 16. Tite oPerson Signing [David K. Moskowitz Executive Viee President & General Counsel

37. Plcase supply any need atachments 1: Technical Annex 2 3: wicLrUL FALSE STATEMENTS MADE ON THIs FORM ARE PUNISHABLE BY NE AND OR TMPRISONMENT (U.S. Code, Tile 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Tile47,Section 312(a)(), AND/OR FORFETTURE (U.. Code,Tide47, Section 503). Completed Schedule S ECC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT ‘The public reporting for this collectionoinformation is estimated to average 2 hours peresponse,including thetime foreviewing instructions, searching existingdata sources,gathering and maintiningthe required data, and completing and reviewing the collection of informaton. If you have any comments on this brden estimate, or how we can improve the collection and reducethe burden it causes you, please writeto the Federal Communications Commission, AMD~PERM, Papersork Reduction Project (3060—0676), Washington, DC 20554. We will lsoaccept your commentsregarding the Paperwork ReductionAct aspects of this callction via the ntemct if you send them tojboley@fec.gov. PLEASE bo Nor sEND CoPLETED FORMS To Ts ADpr Remember ~ You are not required to respond to a colletion of information spansored by the Federal govermment, and the govemment may not conduct osponsorths cllection, unless i displays a currenty valid OMB contrl number orifwfil to provide you withthis noti.. ‘This calletion has beenassigned an OMB contrl numberof 3060—0678 Ti FOREGOMNG NOTICE Is REQUIRED BV THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 10+—13, OCrosER 1, 1995, 4 US.C. SECTION aso7. to


Document Created: 2004-10-12 10:35:09
Document Modified: 2004-10-12 10:35:09
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