Attachment redacted

redacted

SUBMISSION FOR THE RECORD submitted by EchoStar

redacted

2008-05-02

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

IBFS_SATLOA2004080300154_639270

                                   STE P TO E &J o H N s o N                LLP


                                            ATTORNEYS      AT   LAW

    Pantelis Michalopoulos                                                                     1330 Connecticut Avenue. NW
    202.429.6494                                                                                Washington, DC 20036-1795
    pmichalo@steptoe.com                                                                                  Tel 202.429.3000
                                                                                                           Fax 202.429.3902
                                                                                                                steptoe.com




      May 2,2008


      Marlene H. Dortch
      Secretary
      Federal Communications Commission                           FILED/ACCEPTEB
      The Portals, Room TW-A325
      445 12th Street, S.W.
                                                                      MAY - 2 2088
      Washington, D.C. 20554                                      Federal Cornn;l;rii(x:ia,s Conmission
                                                                         Qtfice of the Secretary




       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 attachments provided by Space Systems/Loral that are being submitted in response to a
       request on the part of the International Bureau for additional information to demonstrate
       compliance with the “commence-physical-construction” milestone for the above-captioned space




               ’ 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-07-465 5 , 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-20040803-001 54 et aZ. (filed Jan. 3 1. 2008).




WASHINGTON       NEW YORK     CHICAGO       PHOENIX     LOS ANGELES           CENTURY        CITY         LONDON      BRUSSELS


                                                                            ST E P T O E &IoH N S O N


Marlene H. Dortch
May 2,2008
Page 2


station authorization. An unredacted version of the letter and attachments 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.



                                                  Respectfully submitted,
                                                   n                                    I




Linda Kinney                                      Pantelis Michalopoulos
Vice President, Law and Regulation                STEPTOE   & JOHNSON  LLP
Brad Gillen                                       1330 Connecticut Avenue, NW
Director and Senior Counsel                       Washington, D.C. 20036
ECHOSTAR    CORPORATION                           (202) 429-3000
1233 20th Street N.W.
Washington, D.C. 20036-2396                       Counselfor EchoStar Corporation
(202) 293-098 1

Enclosure

cc: Robert Nelson, International Bureau




         See Letter from Pantelis Michalopoulos, Counsel for Echostar, to Marlene H. Dortch,
Secretary, FCC,filed in File No. SAT-LOA-20040803-001 54 (filed May 2,2008).


                                  STE P TO E &J o H N s o N            LLP

                                           ATTORNEYS AT      LAW



   Pantelis Michalopoulos                                                         1330 Connecticut Avenue, NW
   202.429.6494                                                                    Washington, DC 20036-1795
   pmichaloQsteptoe.com                                                                      Tel 202.429.3000
                                                                                              Fax 202.429.3902
                                                                                                   steptoe.com




   May 2,2008



   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
           File No. SAT-LOA-20040803-00154, Call Sign S2636

   Dear Ms. Dortch,

          EchoStar Corporation (“Echostar”) hereby provides additional information to demonstrate
   compliance with the “commence-physical-construction” milestone for the above-captioned space station
   authorization. That milestone was set at October 8, 2007, in Echostar’s authorization.2


            This information supplements the information submitted by EchoStar on October 9,2007, and
   February 1, 2008. See Confidential Letter from Pantelis Michalopoulos, Counsel for EchoStar Satellite
   Operating Corp., to Marlene H. Dortch,JiZed in File No. SAT-LOA-20040803-001 54, Call Sign S2636
   (filed Oct. 9, 2007), and Confidential Letter from Pantelis Michalopoulos, Counsel for EchoStar Corp.,
   to Marlene H. Dortch,JiZed in File No. SAT-LOA-20040803-001 54, Call Sign S2636 (filed Feb. 1,
   2008).

             Stamp Grant, File No. SAT-LOA-20040803-001 54, Condition 2(c) (granted Oct. 8,2004).




WASHINGTON       NEWYORK     CHICAGO      PHOENIX      LOS ANGELES      CENTURY   CITY     LONDON        BRUSSELS


                                                                               STEPTOE& J O H N S O N L L P
Marlene H. Dortch
May 2,2008
Page 2
                              REDACTED - FOR PUBLIC INSPECTION

       Specifically, EchoStar submits:

       a spreadsheet listing over 1,000 high-reliability components for the construction of the EchoStar-
       113W satellite (Attachment l).3 These components have all been fully paid for by Echostar,
       purchased by Echostar’s main satellite contractor, Space Systems/Loral (“SSL”), and designated
       specifically for the Echostar- 1 13W satellite. To Echostar’s knowledge, this spreadsheet
       represents a detailed list of the miscellaneous parts identified in line 1 of Exhibit 1 of Echostar’s
       February 1 submission;

       thirteen invoices and corresponding purchase orders showing the purchases of additional
       components by SSL (Attachment 2). Again, these components have been paid for by Echostar,
       and SSL in turn has purchased them from a variety of subcontractors. All invoices but one are
       marked as paid, and EchoStar believes that all of them have in fact been paid by SSL. All of the
       components listed in these invoices are specifically designated for the Echostar- 113W program.
       The invoices total $[          1, and represent only an illustrative fraction of Echostar’s
       payments to SSL, as EchoStar has paid over $[               ] for construction of the EchoStar-
       113W satellite; and

       representative photographs of the Deployment and Positioning Mechanism (“DAPM”) and earth
       sensor assembly (Attachment 3). These critical and costly components, previously on order or
       under construction, have been completed and delivered. The actual products earmarked for the
       Echostar-1 13W program are located in SSL’s Palo Alto safe storage facility. SSL has advised
       EchoStar that it is not practical to make all of these components available for the purpose of
       photographing them, but that the components featured in Attachment 3 are indistinguishable
       from those purchased.

        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, SSL has made greater progress

         An unredacted version of this letter and the attachments is being submitted separately with a
request for confidentiality. See Letter from Pantelis Michalopoulos, Counsel for Echostar, to Marlene
H. Dortch, Secretary, FCC,filed in File No. SAT-LOA-20040803-001 54 (filed May 2,2008).

          See Letter from Gregory C. Staple, Counsel for TMI, to Marlene H. Dortch, Secretary, FCC,
filed in File No. SAT-LOI- 19970926-00 161 et al. (filed Apr. 11,2005); Use ofReturned 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 I C 0 and TMI have met their milestone
 requirements.”); TerreStar Networks, Inc., DA 07-4 148, 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).


                                                                              ST E P TO E &J o H N s o N   LLP




Marlene H. Dortch
May 2,2008
Page 3
                             REDACTED - FOR PUBLIC INSPECTION

than demonstrated in the TMI case because it has shown that it has actually acquired over 1,000 parts
ear-marked for the Echostar- 1 13 W satellite and has produced invoices for additional components --
showings that TMI had not made. Accordingly, the Commission should find that EchoStar has met the
commence-physical-construction milestone for the EchoStar- 113 W satellite.

       Please contact the undersigned if you have any questions about this letter.




                                             Counselfor EchoStar Corporation
Attachments

cc:    Robert Nelson, International Bureau


                               DECLARATION OF DAVID BAIR

I, David Bair, deciare undcr penalty of perjury that I have personal knowledge of the

assertions of fact contained in the foregoing Xctter and that they are true and correct to the

best of my knowledge, information and belief.



Executed on     ?!/I.i?f 7’’    ikWf5




                                               David Bair
                                               EchoStar Corporation
                                               90 hverness Circle East
                                               Englewood, CO 801 12


ATTACHMENT 1


  (Redacted)


ATTACHMENT 2


  (Redacted)


ATTACHMENT 3


  (Redacted)



Document Created: 2008-05-06 16:15:34
Document Modified: 2008-05-06 16:15:34

© 2025 FCC.report
This site is not affiliated with or endorsed by the FCC