Attachment request

request

REQUEST submitted by EchoStar

request

2007-06-28

This document pretains to SAT-LOA-20070105-00006 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2007010500006_576893

                                    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

© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC