Attachment EchoStar - Comm ltr

This document pretains to SAT-LOA-20070105-00001 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2007010500001_907597

                          Federal Communications Commission
                                 Washington, D.C. 20554




                                            July 21, 2011

Pantelis Michalopoulos, Esq.
Steptoe & Johnson LLP
1330 Connecticut Avenue, NW
Washington, DC 20036

Re:      EchoStar Satellite Operating Corporation, IBFS File Nos. SAT—LOA—20020328—
         00050 (Call Sign $2440); SAT—LOA—20020328—00051 (Call Sign $2441); SAT—
         LOA—20020328—00052 (Call Sign $2442); SAT—LOA—20070105—00001 (Call Sign
         §$2723); and SAT—LOA—20070105—00003 (Call Sign $2725).

Dear Mr. Michalopoulos:

The Satellite Division is currently assessing EchoStar Satellite Operating Corporation‘s
(EchoStar‘s) compliance with the milestone conditions associated with the five above—
captioned 17/24 GHz Broadcast—Satellite Service (17/24 GHz BSS) space station
authorizations. The authorizations were issued in 2009. EchoStar surrendered the
licenses in 2011.‘ Pursuant to the authorizations and Section 25.164 of the Commission‘s
rules," each authorization required EchoStar to enter into a binding non—contingent
contract to construct the space station one year after grant. In addition, each
authorization required EchoStar to complete critical design review (CDR) two years after
grant.


In March, April, and July 2010, EchoStar submitted construction contracts between
EchoStar Orbital L.L.C. and Space Systems/Loral Inc. to demonstrate compliance with
the contract execution milestone in each authorization. Additionally, in March and April
2011, EchoStar submitted CDR milestone certifications and accompanying documents
for three of the authorizations, Call Signs $2440, $2723, and $2725.

To facilitate consideration of EchoStar‘s milestone filings, we seek the following
additional information.

          1. Evidence of payments that have been made to date under each of the five
             satellite construction contracts. In particular, please identify —— with
             specific reference to the payment plan in Attachment A to each contract


‘ Letter from Pantelis Michalopoulos and Christopher Bjornson, Counsel for EchoStar Corporation and
EchoStar Satellite Operating Corporation, to Marlene H. Dortch, Secretary, Federal Communications
Commiission, dated May 24, 2011 (May 24 Letter).

225 CFR. § 25.164.


            —— which contract milestone event(s) were completed and what payments
            were made, specified both individually and cumulatively. In addition,
            please identify any payments made after EchoStar surrendered the
            authorizations, including, but not limited to, payments made in
            connection with any termination for convenience under the contracts, or
            payments for work performed up to the date of termination of the
            contracts.

            Summarize any changes to the construction contracts and list the items
            or articles that have changed since the contracts were originally
            submitted to the Commission. Please submit copies of all amendments
            or modifications to the construction contracts.

            Indicate whether long lead items needed to begin physical construction
            of space stations S$2440, $2723, and $2725 were ordered and/or
            delivered. Provide a summary of the status of design at CDR with
            supporting evidence. As part of its showing, EchoStar should indicate
            (a) whether any design verification activities were conducted and the
            result of such activities, and (b) whether electrical and mechanical
            analyses and simulations were conducted and the result of such analyses
            and simulations.

            Explain the affiliation and corporate structure between EchoStar
            Corporation, EchoStar Satellite Operating Corporation, and EchoStar
            Orbital LL.C.

EchoStar‘s response must be filed with the Secretary of the Commission no later than 30
calendar days from the date of this letter. You may contact Andrea Kelly, Associate
Division Chief, and Mark Young, Attorney Advisor, of my staff if you have any
questions.

                                            Sincere



                                            Robert G. Nelson
                                            Chief, Satellite Division
                                            International Bureau



Document Created: 2011-07-21 15:37:03
Document Modified: 2011-07-21 15:37:03

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