Attachment request

request

REQUEST submitted by EchoStar

request

2007-06-28

This document pretains to SAT-LOA-20070105-00005 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2007010500005_576890

STEPTOE&JOHNSONw AT TORNEYS AT LAW Pantelis Michalopoutos 1330 Connecticut Avenue. NW 202.429.6494 Washington, DC 20036—1795 pmichalo@steptoe.com Tel 2024293000 Fax 202.429.3902 steptoe.com June 28, 2007 Via HAND DELIVERY Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street SW Washington, D.C. 20554 Re: Request for Refund of Application Processing Fees File Nos. SAT—LOA—20070105—00002, Call Sign $2724 SAT—LOA—20070105—00004, Call Sign $2726 SAT—LOA—20070105—00005, Call Sign $2727 SAT—LOA—20070105—00006, Call Sign $2728 SAT—LOA—20070105—00007, Call Sign $2729 Dear Ms. Dortch, EchoStar Satellite Operating Corporation ("EchoStar") respectfully requests a refund in the amount of $160,170.00 for the application processing fees paid for the five 17/24 GHz Reverse Band Working ("RBW*") applications listed above, pursuant to Section 1.1113(a)(4) of the Commission‘s Rules, 47 CFR. § 1.1113(a)(4).‘ That rule provides that: "the full amount of any fee submitted will be returned or refunded . . . [w)hen the Commission adopts new rules that nullify applications already accepted for filing, or new law or treaty would render useless a grant or other positive disposition of the application." EchoStar is entitled to a refund of the fees paid for the five applications listed above precisely because new rules adopted by the Commission prevent their further prosecution. On January ‘ EchoStar paid fees of $32,034.00 for each of the listed applications for a total of $160,170.00. WA S HINGTON o NEW YORK * PH O ENIX a LOS ANGELES o LO ND ON & BRUSSELS

STEPTOE&JOHNSONw Marlene H. Dortch June 28, 2007 Page 2 5, 2007, EchoStar filed seven RBW applications with the Commission, including the five listed above. This brought the total number of RBW applications that EchoStar had on file to ten." At that time, there were no limitations on the number of pending RBW applications that an applicant could have on file with the Commission. On May 4, 2007, the Commission issued an Order establishing new service and processing rules for the RBW service." Under that Order, no single applicant could proceed with more than five pending applications and/or licensed—but—unlaunched satellites in the RBW service.* The Order also directed all applicants with pending applications to notify the Commission, within 45 days, "whether it intends to go forward with each of its pending applications."" Because of the new limit on the number pending RBW applications, EchoStar could only notify the Commission of its intent to proceed with five of its ten pending applications." It follows, therefore, that EchoStar has met all of the requirements in Section 1.1113(a)(4) for a full refund of the fees it has paid for the five abandoned applications listed above. The new rules adopted by the Commission have "nullif{ied]" or "render[ed] useless a grant or other positive disposition of"" those applications. Accordingly, EchoStar respectfully requests that the fees for those applications be refunded by check to "EchoStar Communications Corporation," or by wire to: * In addition to the five applications listed above, EchoStar has the following RBW applications on file with the Commission: File Nos. SAT—LOA—20020328—00050, SAT—AMD—20051118—00247; SAT—LOA—20020328—00051, SAT—AMD—20051118—00246; SAT—LOA—20020328—00052, SAT—AMD— 20051118—00245; SAT—LOA—20070105—00001; SAT—LOA—20070105—00003. * See Establishment ofPolicies and Service Rules for the Broadcasting—Satellite Service at the 17.3—17.7 GHz Frequency Band and at the 17.7—17.8 GHz Frequency Band Internationally, and at the 24.75—25.25 GHz Frequency Bandfor Fixed Satellite Services Providing Feeder Links to the Broadcasting—Satellite Service andfor the Satellite Services Operating Bi—directionally in the 17.3—17.8 GHz Frequency Band, FCC 07—76, Report and Order and Further Notice of Proposed Rulemaking, IB Docket No. 06—123 (rel. May 4, 2007) ("Order"‘). * Id. at [ 15. ° Id. at [ 146. © See Letter from Bradley K. Gillen, EchoStar, to Marlene H. Dortch, FCC, fi/ed in IB Docket No. 06—123; File Nos. SAT—LOA—20020328—00050, SAT—AMD—20051118—00247; SAT—LOA— 20020328—00051, SAT—AMD—20051118—00246; SAT—LOA—20020328—00052, SAT—AMD—20051118— 00245; SAT—LOA—20070105—00001; SAT—LOA—20070105—00003 (filed Jun. 18, 2007). See also Order at 4| 146 ("If an applicant fails to file a notification of its intent to proceed with a particular application, we will dismiss that application.").

STEPTOE&JOHNSONw Marlene H. Dortch June 28, 2007 Page 3 Bank of America ABA number 026009593 EchoStar Communications Corporation Account number 3751626905 "EchoStar Corporate AR (ACH/Wires)" Attention: Ximena Amaya 312—828—3787 Please contact the undersigned if you have any questions about this refund request. Yours sincerely, PWQ/J M‘;{\WW? /DCM Pantelis Michalopoulos Counselfor EchoStar Satellite Operating Corporation ce: Anthony Dale, FCC Managing Director Robert Nelson, International Bureau


Document Created: 2007-07-05 15:09:50
Document Modified: 2007-07-05 15:09:50
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