Attachment redacted

redacted

SUBMISSION FOR THE RECORD submitted by EchoStar

redacted

2008-02-01

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

IBFS_SATLOA2004080300154_620402

STEPTOE& J O H N S O N L L P ATTORNEYS AT LAW Pantelis Michalopoulos 1330 Connecticut Avenue. NW 202.429.6494 Washington, DC 20036-1795 prnic halo@steptoe.com Tel 202.429.3000 Fax 202.429.3902 steptoe.com February 1,2008 FILED/ACCEPTED Marlene H. Dortch - FEB 1 2008 Secretary Federal Communications Commission Otflce of the Secretary Federal Communications Commission The Portals, Room TW-A325 445 12th Street, S.W. Washington, D.C. 20554 Re: EchoStar Corporation File No. SAT-LOA-20040803-00154; Call Sign S2636 Dear Ms. Dortch: EchoStar Corporation' ("EchoStar") hereby submits a redacted version of a letter and declaration from Space Systems/Loral that is being submitted in response to the January 18, 2008 letter from Robert Nelson, Chief, Satellite Division, International Bureau, to Pantelis Michalopoulos, counsel for Echostar, requesting additional information to demonstrate compliance with the commence-physical-construction milestone for the above-captioned space 1 EchoStar Corporation is the current licensee of the above-captioned space station license. On November 15,2007, the International Bureau approved the proforma assignment and transfer of control of this license from EchoStar Satellite Operating Corporation to EchoStar Holding Corporation, and the spin-off of that company to the shareholders of EchoStar Communications Corporation. See Public Notice, DA-07-4655, Report No. SAT-00482 (rel. Nov. 16,2007). The approved transactions were consummated on January 1,2008. On January 25,2008, EchoStar Holding Corporation changed its name to EchoStar Corporation. See Letter from Pantelis Michalopoulos, Counsel for EchoStar Corporation, to Marlene H. Dortch, Secretary, FCC,fiZed in File No. SAT-LOA-20040803-00154 et aZ. (filed Jan. 31.2008). WASHINGTON NEW YORK PHOENIX LOS ANGELES LONDON BRUSSELS i -'I 1 - - 7 [ I T T-- _-- .."* --- n- r- ~ I ~ - - - - I _ I - -"I- I__II 1 -- ~ T - ----T--

STE PTO E &JoH N s o N LLP ATTORNEYS AT LAW Pantelis Michalopoulos 1330 Connecticut Avenue. NW 202.429.6494 Washington, DC 20036-1795 prnichaio@steptoe.com Tel 202.429.3000 Fax 202.429.3902 steptoe.com February 1,2008 FILED/ACCEPTED Marlene H. Dortch - FEB 1 2008 Secretary Federal CommunicationsCommission Office of the Secretary Federal Communications Commission The Portals, Room TW-A325 445 12th Street, S.W. Washington, D.C. 20554 Re: EchoStar Corporation File No. SAT-LOA-20040803-00154; Call Sign S2636 Dear Ms. Dortch: EchoStar Corporation' ("EchoStar") hereby submits a redacted version of a letter and declaration from Space Systems/Loral that is being submitted in response to the January 18, 2008 letter from Robert Nelson, Chief, Satellite Division, International Bureau, to Pantelis Michalopoulos, counsel for Echostar, requesting additional information to demonstrate compliance with the commence-physical-construction milestone for the above-captioned space EchoStar Corporation is the current license, of the above-captioned space station license. On November 15,2007, the International Bureau approved the pro forma assignment and transfer of control of this license from EchoStar Satellite Operating Corporation to EchoStar Holding Corporation, and the spin-off of that company to the shareholders of EchoStar Communications Corporation. See Public Notice, DA-07-4655, Report No. SAT-00482 (rel. Nov. 16,2007). The approved transactions were consummated on January 1,2008. On January 25,2008, EchoStar Holding Corporation changed its name to EchoStar Corporation. See Letter from Pantelis Michalopoulos, Counsel for EchoStar Corporation, to Marlene H. Dortch, Secretary, FCC,JiZed in File No. SAT-LOA-20040803-00154 et aZ. (filed Jan. 31.2008). WASHINGTON NEW Y O R K PHOENIX LOS ANCELES LONDON BRUSSELS - -. -- m- .- -.- r * -.-.c-l.*c-T"c^.-."- T- * I_ --~-"-~ ..I^ xI---~._*". ---.--I. - --- -

_.. STE PTO E &J oH N S O N LLP Marlene H. Dortch February 1,2008 Page 2 station authorization. An unredacted version of the letter and declaration is being submitted separately with a request for confidentiality.2 Please do not hesitate to contact me if you have any questions concerning this submission. Respecthlly submitted, Y Linda Kinney Pantelis Michalopoulos Vice President, Law and Regulation STEPTOE & JOHNSON LLP Brad Gillen 1330 Connecticut Avenue, NW Director and Senior Corporate Counsel Washington, D.C. 20036 ECHOSTAR SATELLITE L.L.C. (202) 429-3000 1233 20thStreet N.W. Washington, D,C .20036-2396 Counselfor EchoStar Satellite Operating (202) 293-098 1 Corporation Enclosures cc: (by electronic mail) Jabin Vahora, International Bureau Cjabin.vahora@fcc.gov) See Letter from Pantelis Michalopoulos, Counsel for Echostar, to Marlene H. Dortch, Secretary, FCC,Jiled in File No. SAT-LOA-20040803-00154 (filed Feb. 1,2008).

a I. I . ST E PTO E &J o H N s o N LLP A T T O R N E Y S AT LAW Pantelis Michalopoulos 1330 Connecticut Avenue, NW 202.429.6494 Washington, DC 20036-1795 pmichalo@sreptoe.com Tel 202.429.3000 Fax 202.429.3902 steptoe.com February 1,2008 Via HAND DELIVERY Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street S.W. Washington, D.C. 20554 -- REDACTED - FOR PUBLIC INSPECTION -- Re: EchoStar Corporation (f/Ma EchoStar Holding Corporation) File No. SAT-LOA-20040803-00154, Call Sign S2636 Dear Ms. Dortch, EchoStar Corporation’ (“EchoStar”) hereby responds to the January 18,2008 letter (“Letter”) from Robert Nelson, Chief, Satellite Division, International Bureau, to Pantelis Michalopoulos, counsel for Echostar, requesting additional information to demonstrate compliance with the commence-physical-construction milestone for the above-captioned space station authorization. ’ EchoStar Corporation is the current licensee of the above-captioned space station license. On November 15,2007, the International Bureau approved the proforma assignment and transfer of control of this license from EchoStar Satellite Operating Corporation to EchoStar Holding Corporation, and the spin-off of that company to the shareholders of EchoStar Communications Corporation. See Public Notice, DA-07-4655, Report No. SAT-00482 (rel. Nov. 16,2007). The approved transactions were consummated on January 1,2008. On January 25,2008, EchoStar Holding Corporation changed its name to EchoStar Corporation. See Letter from Pantelis Michalopoulos, Counsel for EchoStar Corporation, to Marlene H. Dortch, Secretary, FCC (filed Jan. 3 1.2008).

I. I . ST E P T O E a J o H N S O N LLP Marlene H. Dortch February 1,2008 Page 2 REDACTED - FOR PUBLIC INSPECTION Specifically, the Letter requests that Echostar: (1) describe the hardware production that has or is currently taking place; and (2) provide representative photographs of the production that has occurred, with respect to the Echostar-1 13W satellite. In response, EchoStar submits a further declaration from its satellite manufacturer, Space Systems/Loral (“SSL”), see Attachment 1 (“SSL Declaration”) (confidential). This declaration supplements the information previously provided to the Bureau on October 9,2007.* As stated in the SSL Declaration: (1) SSL has procured $[REDACTED] million worth of high-reliability components for the Echostar-1 13W satellite for the construction of the satellite at SSL, see SSL Declaration at 7 2; (2) SSL had ordered specified hardware for the satellite worth $[REDACTED] million dollars, id. at 1 3; (3) work on the various subcontracts has already commenced, and photographs of the components as they will appear when manufacturing is complete are included as Exhibit 2 to the SSL Declaration, id.; and (4) the satellite manufacturing contract between EchoStar and SSL remains in full force and effect, id. at 7 4. The Commission has previously found that a similar showing by TMI Communications and Co. Ltd. (“TMI”) was sufficient to demonstrate compliance with the milestone for commencement of physical construction of TMI’s licensed 2 GHz MSS ~atellite.~ Indeed, the value of components on order and under construction by subcontractors in the present case far exceeds the value of the components on order and under construction in the TMI case.4 Accordingly, the Commission should find that EchoStar has met the commence-physical-construction milestone for the Echostar- 113W satellite. 2 See Confidential Letter from Pantelis Michalopoulos, Counsel for EchoStar Satellite Operating Corp., to Marlene H. Dortch,filed in File No. SAT-LOA-20040803-00154, Call Sign S2636 (filed Oct. 9,2007). See Letter from Gregory C. Staple, Counsel for TMI, to Marlene H. Dortch, Secretary, FCC, fiZed in File No. SAT-LOI-19970926-00161 et al. (filed Apr. 11,2005); Use of Returned Spectrum in the 2 GHz Mobile Satellite Service Frequency Bands, FCC 05-204, Order, 20 FCC Rcd 19696, at 7 28 n.77 (rel. Dec. 9, 2005) (“To date, we have found that both IC0 and TMI have met their milestone requirements.”); TerreStar Networks, Inc., DA 07-4148, Memorandum Opinion and Order, 22 FCC Rcd 17698, at 77 3, 10 (noting that TMI had certified commencement of construction and extending subsequent launch milestone for TMI’s successor-in-interest). Compare TerreStar Networks, Inc. at 7 3 (noting that TMI had certified construction commencement in April 2005 with a showing that SSL “was manufacturing bus electronics and payload assemblies for the satellite with parts valued at $2.7 million, and that orders had been placed with subcontractors for other components of the satellite with a total cost of $ 5.7 million.”).

1 1 . I . .. . - STE P TO E &J o H N s o N LLP Marlene H. Dortch February 1,2008 Page 3 REDACTED - FOR PUBLIC INSPECTION Please contact the undersigned if you have any questions about this letter. Yours sincerely, I Pantelis Michalopoulos Counselfor EchoStar Corporation Attachment cc: (by electronic mail) Jabin Vahora, International Bureau (jabin.vahora@fcc.gov)

ATTACHMENT 1 SSL DECLARATION (Redacted)

I. .. EXHIBIT 1 (Redacted)

EXHIBIT 2 (Redacted)


Document Created: 2008-02-06 11:36:37
Document Modified: 2008-02-06 11:36:37
© 2025 FCC.report
This site is not affiliated with or endorsed by the FCC