Attachment grant

grant

DECISION submitted by IB,FCC

grant

2007-01-11

This document pretains to SAT-LOA-20070622-00085 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2007062200085_615853

Approved by OMB 3060-0678 Date & Time Filed: Jun 22 2007 6: 16:02:623PM File Number: SAT-LOA-20070622-00085 CallsigdSatellite ID: S2738 APPLICATION FOR SATELLITE SPACE STATION AUTHORIZATIONS FCC Use Only FCC 3 12 MAIN FORM FOR OFFICIAL USE ONLY 1-8. Legal Name of Applicant Name: EchoStar Satellite Operating Phone Number: 303-723-1000 Corporation DBA Name: Fax Number: 303-723-1699 Street: 960 1 South Meridian Boulevard E-Mail: City: Englewood State: co Country: USA Zipcode: 80112 - Attention: Linda Kinney - (202) 293-098 1 1

ATTACHMENT IBFS File No. SAT-LOA-20070622-00085 Call Sign S2738 Grant Date: January 11,2008 EchoStar Satellite Operating Corporation’s (Echostar) application, IBFS File No. SAT- LOA-20070622-00085, to construct, launch, and operate a direct broadcast satellite service (DBS) satellite, EchoStar 11 (Call Sign: S2738)’ and to locate the satellite at the 110.0”W.L. orbital location IS GRANTED. Accordingly, EchoStar is authorized to operate the EchoStar 11 satellite at the 110.0”W.L. orbital location with feeder links (Earth to space) in the 17.3-17.8 GHz band and service links (space to Earth) in 12.2-12.7 GHz band on DBS channels 1-26,27,29, and 3 1, in accordance with the terms, conditions, and technical specifications set forth in its application, the Federal Communications Commission’s (Commission) rules, and the conditions set forth below. 1. Echostar’s request for waiver of Section 25.2 15 of the Commission’s rules, 47 C.F.R. 5 25.215, for the EchoStar 11 satellite located at the 110.0”W.L. orbital location, IS GRANTED as conditioned. Section 25.215 requires DBS space station antennas to be designed to meet a cross-polarization isolation of 30 dB within the primary coverage area of the antenna. EchoStar states that the cross-polarization isolation for its DBS antennas is 28.8 dB. Commission precedent states that licensees may use cross-polarization isolation that is different fiom that specified for the Region 2 Broadcasting-Satellite Service (BSS) Plan if they demonstrate that the difference does not result in interference to other operational or planned systems, including U.S.-licensed systems.’ As a condition of this waiver, EchoStar must coordinate the operations of EchoStar 11 with other potentially affected radiocommunication systems, and operate on a non-harmhl interference basis with respect to any space stations that are in compliance with the cross- polarization isolation requirement. Also, because the intra-system cross-polarization isolation must be factored into Echostar’s own link budgets, EchoStar shall not claim any more protection from interference fiom other radiocommunication systems operating in accordance with the Commission’s rules than if it met the requirements of Section 25.215. 2. EchoStar must maintain the EchoStar 11 satellite at 110.0 degrees W.L. with +/- 0.05 degree longitudinal station keeping. EchoStar shall not operate the EchoStar 11 satellite outside these station-keeping limits without further authorization. 3. Pursuant to Section 25.1 1l(c) of the Commission’s rules, 47 C.F.R. 5 25.1 1l(c), EchoStar shall provide the Commission with all information it requires in order to modify the Appendix 30 BSS Plan and associated Appendix 30A feeder-link 1 See EchoStar Satellite Corp., Directsat Corp., EchoStar DBS Corp. Application for Authority to Make Minor Modifications to Direct Broadcast Satellite Authorizations, Launch, and Operational Authority, Memorandum Opinion and Order, 13 FCC Rcd 8595,8604 at fi 17 (Int’l Bur. Sat. & Radiocomm. Div. 1998).

Plan to incorporate the characteristics of the BSS space station of the EchoStar 11 satellite, USABSS-30, in accordance with the ITU Radio Regulations. EchoStar shall be held responsible for all cost recovery fees associated with these ITU filings. We also note that no protection from interference caused by radio stations authorized by other administrations is guaranteed unless coordination and notification procedures are timely completed, or, with respect to individual administrations, coordination agreements are successfully completed. Any radio station authorization for which coordination has not been completed and/or for which the necessary agreements under Appendices 30 and 30A have not been obtained may be subject to additional terms and conditions as required to effect coordination or obtain the agreement of other Administrations. 4. The license term for the EchoStar 11 is 10 years, and will begin to run on the date the licensee certifies to the Commission that the satellite has been successfblly placed into orbit and its operation fblly conforms to the terms and conditions of this authorization. Within five business days of EchoStar 11 commencing operations at the 110.0' W.L. orbital location, EchoStar shall file its certification through a letter to the Chief, Satellite Division, International Bureau, Federal Communications Commission. 5. EchoStar is afforded thirty days from the date of release of this grant and authorization to decline this authorization as conditioned. Failure to respond within this period will constitute formal acceptance of the authorization as conditioned. 6. This Grant is issued pursuant to Section 0.261 of the Commission's rules on delegated authority, 47 C.F.R. 5 0.26 1, and is effective upon release. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's rules, 47 C.F.R. $5 1.106, 1.116, may be filed within 30 days of the date of the public notice indicating that this action was taken.

9- 16. Name of Contact Representative Name: Pantelis Michalopoulos Phone Number: 202-429-6494 Company: Steptoe & Johnson LLP Fax Number: 202-429-3902 Street: 1330 Connecticut Ave., N.W. E-Mail: pmichalo@steptoe.com City: Washington State: DC Country: USA Zipcode: 20036 -1795 Attention: Relationship: Legal Counsel ICLASSIFICATION OF FILING 17. Choose the buttonnext to the b. classification that applies to thisfiling for b 1. Application for License of New Station both questions a. and b. Choose only one @/A) b2. Application for Registration of New Domestic Receive-Only Station for 17a and only one for 17b. (N/A) b3. Amendment to a Pending Application (N/A) b4. Modification of License or Registration a. @/A) b5. Assignment of License or Registration (N/A) a l . Earth Station @/A) b6. Transfer of Control of License or Registration a2. Space Station @/A) b7. Notification of Minor Modification @/A) b8. Application for License of New Receive-Only Station Using Non-U. S. Licensed Satellite 0 b9. Letter of Intent to Use Non-U.S. Licensed Satellite to Provide Service in the United States 0 b 10. Replacement Satellite Application - no new frequency bands 0 b 11. Replacement Satellite Application - new frequency bands (Not eligible for streamlined irocessing) 0 b12. Petition for Declaratory Ruling to be Added to the Permitted List N/A) b 13. Other (Please specify) 2

17c. Is a fee submitted with this application? @ IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). 0 Governmental Entity 0 Noncommercial educational licensee 0 Otherblease explain): 17c. Fee Classification BNY - Space Station (Geostationary) 18. If this filing is in reference to an existing station, enter: (a) Call sign of station: Not Applicable 19. If this filing is an amendment to a pending application enter: (a) Date pending application was filed: (b) File number of pending application: Not Applicable Not Applicable 3

TYPE OF SERVICE 20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Select all that apply: 0a. Fixed Satellite 0b. Mobile Satellite c. Radiodetermination Satellite 0d. Earth Exploration Satellite 0e. Direct to Home Fixed Satellite 0f. Digital Audio Radio Service g. Other (please specify) Direct Broadcast Satellite !1. STATUS: Choose thebutton next to the applicable status. Choose 22. If earth station applicant, check all that apply. mly one. Not Applicable 4 Common Carrier @ Non-Common Carrier !3. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one.Are these acilities: 0 Connected to a Public Switched Network 4 Not connected to a Public Switched Network @ N/A !4. FREQUENCY BAND(S): Place an "X"in the box(es) next to all applicable frequency band(s). a. C-Band (4/6 GHz) b. Ku-Band ( 12/14 GHz) c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: 12200 Frequency Upper: 12700 (Please specify additional frequencies in an attachment) 4

TYPE OF STATION 25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one. (N/A) a. Fixed Earth Station (N/A) b. Temporary-Fixed Earth Station (N/A) c. 12/14 GHz VSAT Network (N/A) d. Mobile Earth Station @ e. Geostationary Space Station. 0 f. Non-Geostationary Space Station 0 g. Other (please specify) 26. TYPE OF EARTH STATION FACILITY Not Applicable PURPOSE OF MODIFICATION 27. The purpose of this proposed modification is to: (Place an "X" in the box(es) next to all that Not Applicable apply.) I ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental Q Yes No impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. 3 5 1.1308 and 1.1311, as an exhibit to this application. A Radiation Hazard Study must accompany all applications for new transmitting facilities, major modifications, or major amendments. ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station services are not required to respond to Items 30-34. 5

I 29. Is the applicant a foreign government or the representative of any foreign government? Qyes @No 30. Is the applicant an alien or the representative of an alien? o Y e s @No o N / A 3 1. Is the applicant a corporation organized under the laws of any foreign government? a y e s @No o N / A 32. Is the applicant a corporation of which more than one-fifth of the capital stock is owned of record or voted by Q Yes No 0N/A aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? 33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than QYes @ N o QN/A one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? 34. If any answer to questions 29,30,3 1,32 and/or 33 is Yes, attach as an exhibit an identification of the aliens or foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote. BASIC QUALIFICATIONS 6

35. Does the Applicant request any waivers or exemptions from any of the Commission’s Rules? @ Yes Q No If Yes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents. 36. Has the applicant or any party to this application or amendment had any FCC station authorization or license @ Yes Q No revoked or had any application for an initial, modification or renewal of FCC station authorization, license, or construction permit denied by the Commission? If Yes, attach as an exhibit, an explination of circumstances. Response to Q36 37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling 0 Yes QBP No the applicant ever been convicted of a felony by any state or federal court? If Yes, attach as an exhibit, an explination of circumstances. 38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant, 0 Yes @ No guilty of unlawfully monopolizing or attemptiing unlawfully to monopolize radio communication, directly or indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement or any other means or unfair methods of competition? If Yes, attach as an exhibit, an explanation of circumstances 39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending Q Yes @ No matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances. 7

40. If the applicant is a corporation and is applying for a space station license, attach as an exhibit the names, address, and citizenship of those stockholders owning a record and/or voting 10 percent or more of the Filer’s voting stock and the percentages so held. In the case of fiduciary control, indicate the beneficiary(ies) or class of Response to Q40 beneficiaries. Also list the names and addresses of the officers and directors of the Filer. 4 1. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is @ Yes 0 No subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti-Drug Act of 1988,21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. See 47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes. 42a. Does the applicant intend to use a non-U.S. licensed satellite to provide service in the United States? IfYes, 0 Yes No answer 42b and attach an exhibit providing the information specified in 47 C.F.R. 25.137, as appropriate. If No, proceed to question 43. 42b. What administration has licensed or is in the process of licensing the space station? If no license will be issued, what administration has coordinated or is in the process of coordinating the space station? 8

Approved by OMB 3060-0678 Date & Time Filed: Jun 22 2007 6: 16:02:623PM File Number: SAT-LOA-20070622-00085 CallsigdSatellite ID: S2738 APPLICATION FOR SATELLITE SPACE STATION AUTHORIZATIONS FCC Use Only ~ FCC 3 12 MAIN FORM FOR OFFICIAL USE ONLY 1 I I APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: Application for Authority to Launch and Operate the New EchoStar 11 DBS Satellite at 110 W.L. 1-8. Legal Name of Applicant Name: EchoStar Satellite Operating Phone Number: 303-723-1000 Corporation DBA Name: Fax Number: 303-723-1699 Street: 960 1 South Meridian Boulevard E-Mail: City: Englewood State: co Country: USA Zipcode: 80112 - Attention: Linda Kinney - (202) 293-098 1 .- -. I-- 1

ATTACHMENT IBFS File No. SAT-LOA-20070622-00085 Call Sign S2738 Grant Date: January 11,2008 EchoStar Satellite Operating Corporation's (Echostar) application, IBFS File No. SAT- LOA-20070622-00085, to construct, launch, and operate a direct broadcast satellite service (DBS) satellite, EchoStar 11 (Call Sign: S2738), and to locate the satellite at the 110.0" W.L. orbital location IS GRANTED. Accordingly, EchoStar is authorized to operate the EchoStar 11 satellite at the 110.0" W.L. orbital location with feeder links (Earth to space) in the 17.3-17.8 GHz band and service links (space to Earth) in 12.2-12.7 GHz band on DBS channels 1-26,27,29, and 3 1, in accordance with the terms, conditions, and technical specifications set forth in its application, the Federal Communications Commission's (Commission) rules, and the conditions set forth below. 1. Echostar's request for waiver of Section 25.2 15 of the Commission's rules, 47 C.F.R. 5 25.215, for the EchoStar 11 satellite located at the 110.0" W.L. orbital location, IS GRANTED as conditioned. Section 25.215 requires DBS space station antennas to be designed to meet a cross-polarization isolation of 30 dB within the primary coverage area of the antenna. EchoStar states that the cross-polarization isolation for its DBS antennas is 28.8 dB. Commission precedent states that licensees may use cross-polarization isolation that is different from that specified for the Region 2 Broadcasting-Satellite Service (BSS) Plan if they demonstrate that the difference does not result in interference to other operational or planned systems, including U.S.-licensed systems.' As a condition of this waiver, EchoStar must coordinate the operations of EchoStar 11 with other potentially affected radiocommunication systems, and operate on a non-harmful interference basis with respect to any space stations that are in compliance with the cross- polarization isolation requirement. Also, because the intra-system cross-polarization isolation must be factored into Echostar's own link budgets, EchoStar shall not claim any more protection from interference from other radiocommunication systems operating in accordance with the Commission's rules than if it met the requirements of Section 25.215. 2. EchoStar must maintain the EchoStar 11 satellite at 110.0 degrees W.L. with +/- 0.05 degree longitudinal station keeping. EchoStar shall not operate the EchoStar 11 satellite outside these station-keeping limits without further authorization. 3. Pursuant to Section 25.1 1l(c) of the Commission's rules, 47 C.F.R. 5 25.1 11(c), EchoStar shall provide the Commission with all information it requires in order to modify the Appendix 30 BSS Plan and associated Appendix 30A feeder-link 1 See EchoStar Satellite Corp., Directsat Corp., EchoStar DBS Corp. Application for Authority to Make Minor Modifications to Direct Broadcast Satellite Authorizations, Launch, and Operational Authority, Memorandum Opinion and Order, 13 FCC Rcd 8595,8604 at 'I[ 17 (Int'l Bur. Sat. & Radiocomm. Div. 1998).

Plan to incorporate the characteristics of the BSS space station of the EchoStar 11 satellite, USABSS-30, in accordance with the ITU Radio Regulations. EchoStar shall be held responsible for all cost recovery fees associated with these ITU filings. We also note that no protection from interference caused by radio stations authorized by other administrations is guaranteed unless coordination and notification procedures are timely completed, or, with respect to individual administrations, coordination agreements are successfully completed. Any radio station authorization for which coordination has not been completed and/or for which the necessary agreements under Appendices 30 and 30A have not been obtained may be subject to additional terms and conditions as required to effect coordination or obtain the agreement of other Administrations. 4. The license term for the EchoStar 11 is 10 years, and will begin to run on the date the licensee certifies to the Commission that the satellite has been successfully placed into orbit and its operation fully conforms to the terms and conditions of this authorization. Within five business days of EchoStar 11 commencing operations at the 110.0” W.L. orbital location, EchoStar shall file its certification through a letter to the Chief, Satellite Division, International Bureau, Federal Communications Commission. 5. EchoStar is afforded thirty days fi-om the date of release of this grant and authorization to decline this authorization as conditioned. Failure to respond within this period will constitute formal acceptance of the authorization as conditioned. 6. This Grant is issued pursuant to Section 0.261 of the Commission’s rules on delegated authority, 47 C.F.R. 5 0.261, and is effective upon release. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission’s rules, 47 C.F.R. 50 1.106, 1.116, may be filed within 30 days of the date of the public notice indicating that this action was taken.

9- 16. Name of Contact Representative Name: Pantelis Michalopoulos Phone Number: 202-429-6494 Company: Steptoe & Johnson LLP Fax Number: 202-429-3902 Street: 1330 Connecticut Ave., N.W. E-Mail: pmichalo@steptoe.com City: Washington State: DC country: USA Zipcode: 20036 -1795 Attention Relationship: Legal Counsel CLASSIFICATION OF FILING 17. Choose the buttonnext to the Aassification that applies to thisfiling for both questions a. and b. Choose only one For 17a and only one for 17b. I QBP b 1. Application for License of New b. Station @/A) b2. Application for Registration of New Domestic Receive-Only Station (N/A) b3. Amendment to a Pending Application (N/A) b4. Modification of License or Registration a. (N/A) b5. Assignment of License or Registration @/A) a l . Earth Station (N/A) b6. Transfer of Control of License or Registration a2. Space Station @/A) b7. Notification of Minor Modification @/A) b8. Application for License of New Receive-Only Station Using Non-U.S. Licensed Satellite Q b9. Letter of Intent to Use Non-U.S. Licensed Satellite to Provide Service in the United States Q b 10. Replacement Satellite Application - no new frequency bands Q bl 1. Replacement Satellite Application - new frequency bands (Not eligible for streamlined processing) Q b12. Petition for Declaratory Ruling to be Added to the Permitted List I(N/A) b13. Other (Please specify) 2

17c. Is a fee submitted with this application? @ IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). 0 Governmental Entity 0 Noncommercial educational licensee Q Otherblease explain): 17c. Fee Classification BNY - Space Station (Geostationary) 18. If this filing is in reference to an existing station, enter: (a) Call sign of station: Not Applicable 19. If this filing is an amendment to a pending application enter: (a) Date pending application was filed: (b) File number of pending application: Not Applicable Not Applicable 3

TYPE OF SERVICE 20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Select all that apply: 0a. Fixed Satellite 0b. Mobile Satellite 0c. Radiodetennination Satellite 0d. Earth Exploration Satellite 0e. Direct to Home Fixed Satellite 0f. Digital Audio Radio Service g. Other (please specify) Direct Broadcast Satellite 2 1. STATUS: Choose thebutton next to the applicable status. Choose 22. If earth station applicant, check all that apply. only one. Not Applicable Q Common Carrier @ Non-Common Carrier 23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 2 14 filings. Choose one.Are these facilities: Q Connected to a Public Switched Network Q Not connected to a Public Switched Network @ N/A 24. FREQUENCY BAND(S): Place an "X" in the box(es) next to all applicable frequency band(s). 0 a. C-Band (4/6 GHz) b. Ku-Band (12/14 GHz) 11(1 c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: 12200 Frequency Upper: 12700 (Please specify additional frequencies in an attachment) 4

TYPE OF STATION 25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one. (N/A) a. Fixed Earth Station (N/A) b. Temporary-Fixed Earth Station (N/A) c. 12/14 GHz VSAT Network @/A) d. Mobile Earth Station @ e. Geostationary Space Station. Q f. Non-Geostationary Space Station Q g. Other (please speciQ) 26. TYPE OF EARTH STATION FACILITY Not Applicable PURPOSE OF MODIFICATION 27. The purpose of this proposed modification is to: (Place an "X" in the box(es) next to all that Not Applicable apply.) I 1 ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental 0 Yes e No impact as defined by 47 CFR 1.1307? IfYES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. 55 1.1308 and 1.1311, as an exhibit to this application. A Radiation Hazard Study must accompany all applications for new transmitting facilities, major modifications, or major amendments. ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station services are not required to respond to Items 30-34. 5

29. Is the applicant a foreign government or the representative of any foreign government? OYes @No 30. Is the applicant an alien or the representative of an alien? O Y e s @ N o QN/A 3 1. Is the applicant a corporation organized under the laws of any foreign government? O Y e s @ N o QN/A 32. Is the applicant a corporation of which more than one-fifth of the capital stock is owned of record or voted by Q Yes e No 4 N/A aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? 33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than OYes @No 4 N / A one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? 34. If any answer to questions 29,30,3 1,32 and/or 33 is Yes, attach as an exhibit an identification of the aliens or foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote. BASIC QUALIFICATIONS 6

35. Does the Applicant request any waivers or exemptions from any of the Commission’s Rules? @ Yes Q No If Yes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents. 36. Has the applicant or any party to this application or amendment had any FCC station authorization or license @ Yes Q No revoked or had any application for an initial, modification or renewal of FCC station authorization, license, or construction permit denied by the Commission? If Yes, attach as an exhibit, an explination of circumstances. Response to 4 3 6 37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling Q Yes NO the applicant ever been convicted of a felony by any state or federal court? IfYes, attach as an exhibit, an explination of circumstances. 38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant, Q Yes @ No guilty of unlawfully monopolizing or attemptiing unlawfully to monopolize radio communication, directly or indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement or any other means or unfair methods of competition? If Yes, attach as an exhibit, an explanation of circumstances 39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending Q Yes @ No matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances. 7

40. If the applicant is a corporation and is applying for a space station license, attach as an exhibit the names, address, and citizenship of those stockholders owning a record and/or voting 10 percent or more of the Filer’s voting stock and the percentages so held. In the case of fiduciary control, indicate the beneficiary(ies) or class of Response to Q40 beneficiaries. Also list the names and addresses of the officers and directors of the Filer. 41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is @ Yes 0 No subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 530 1 of the Anti-Drug Act of 1988,21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. See 47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes. 42a. Does the applicant intend to use a non-U.S. licensed satellite to provide service in the United States? IfYes, 0 Yes No answer 42b and attach an exhibit providing the information specified in 47 C.F.R. 25.137, as appropriate. If No, proceed to question 43. 42b. What administration has licensed or is in the process of licensing the space station? If no license will be issued, what administration has coordinated or is in the process of coordinating the space station? 8

I 43. Description. (Summarize the nature of the application and the services to be provided). (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) This is an application f o r authority to launch and operate the new EchoStar 11 Direct Broadcast Satellite at the 110 W.L. orbital location. Narrative App. 43a. Geographic Service Rule Certification QA By selecting A, the undersigned certifies that the applicant is not subject to the geographic service or geographic coverage requirements specifiedin 47 C.F.R. Part 25. By selecting B, the undersigned certifies that the applicant is subject to the geographic service or geographic eB coverage requirements specified in 47 C.F.R. Part 25 and will comply with such requirements. Q C By selecting C, the undersigned certifies that the applicant is subject to the geographic service or geographic coverage requirements specified in 47 C.F.R. Part 25 and will not comply with such requirements because it is not feasible as a technical matter to do so, or that, while technically feasible, such services would require so many compromises in satellite design and operation as to make it economically unreasonable. A narrative description and technical analysis demonstrating this claim are attached. Technical Nar. 1 CERTIFICATION The Applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this application. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit in 47 CFR Part 20. All statements made in exhibits are a material part hereof and are incorporated herein as if set out in full in this application. The undersigned, individually and for the applicant, hereby certifies that all statements made in this application and in all attached exhibits are true, complete and correct to the best of his or her knowledge and belief, and are made in good faith. 9

44. Applicant is a (an): (Choose the button next to applicable response.) Q Individual 0 Unincorporated Association Q Partnership @ Corporation Q Governmental Entity Q Other (please specify) 45. Name of Person Signing 46. Title of Person Signing Linda Kinney Vice President, Law and Regulation 47. Please supply any need attachments. 1: 2: 3: WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Title 18, Section lOOl), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 3 12(a)(l)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). Completed Schedule S 10

FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. If you have any comments on this burden estimate, or how we can improve the collection and reduce the burden it causes you, please write to the Federal Communications Commission, AMD-PERM, Paperwork Reduction Project (3060-0678), Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects of this collection via the Internet if you send them to jboley@fcc.gov. PLEASE DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember - You are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-0678. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104-13, OCTOBER 1,1995,44 U.S.C. SECTION 3507.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) In the Matter of 1 ) ECHOSTAR SATELLITE OPERATING 1 CORPORATION ) ) File No. SAT-LOA-2007 Application for Authority to Launch the EchoStar 11 Satellite and Operate that ) Satellite at 110" W.L. 1 APPLICATION FOR LAUNCH AND OPERATING AUTHORITY FOR ECHOSTAR 11 Pursuant to Section 308, 309 and 3 19 of the Communications Act of 1934, as amended, 47 U.S.C. $5 308,309 and 3 19, Part 25 of the Commission's rules, 47 C.F.R. Part 25, EchoStar Satellite Operating Corporation ("EchoStar") hereby files an application for authority to launch the EchoStar 11 satellite and to operate that satellite on the Direct Broadcast Satellite ("DBS") channels already licensed to Echostar' at the 110' W.L. orbital location.2 EchoStar 11 1 Appkcatzbn of MCf TeZecommnnicatibnsCorp. andEchoStar110 C o p ,f r Consent /o Asszgnment ofAuthorzzationto Construed Launch and Operate a Dzrect Broadcasst SateZkte System L+zhgZ~?FrequencyChannehat the 110"WL. Orbital Location, Order and Authorization, 16 FCC Rcd 2 1608 (rel. May 19, 1999); EchoStarSatek22e Corporatio4. Appkcutionfor Modfieation to Dzrect Broadcast SateZhZe Authorzzationandfor Operatzon Authorz@,Memorandum Opinion and Order, 15 FCC Rcd 6727 (rel. Sept. 1, 1999); EchoSar SuteZh2e Cop, Appkcatzonfor Mznor Modjcution uf Dzrect BroadcustSatelh2e Authorzzatiolbn, Launch andUperatllizgA~thori~for~c~oStar ~GffxOrder and Authorization, 17 FCC Rcd 1 1326 (rel. June 20,2002), EchostarSatelfifeOperatzhg Corporatiolbn,Apphcation to Make Mzhr Modjcatzon to Dzrect BroadcastSateZkteAuthurzzutionsundfor Launch and Operzztzhgfor the EchoStar lUSateZh2e,File No. SAT-LOA-2005 1221-00267, Grant Stamp (Mar. 27, 2006). Specifically, EchoStar plans to locate the satellite at 110.0" W.L. EchoStar also requests the flexibility to place the satellite at all other locations within the 109.8' to1 10.2' W.L. DBS cluster, subject to coordination with DIRECTV.

is a CONUS-beam DBS satellite that will operate in the 12.2-12.7 GHz downlink and 17.3-17.8 GHz uplink frequency bands.3 The EchoStar 11 satellite will supplement the services provided from Echostar’s existing fleet of satellites at 110” W.L. Among other things, the satellite will optimize use of the slot. It will update, improve, and increase the power of Echostar’s fLiII-CONUS service from 1 10” W.L., resulting in consumers receiving the programming they demand while preserving the quality of reception to which they have been accustomed. Because the satellite will operate on the 29 channels already licensed to EchoStar at 110” W.L., this application is not subject to the “freeze” on new DBS applications currently in p1ace.j The information required by 47 C.F.R. 5 25.1 14 is provided in Schedule S and the supplementary Attachment A, both appended hereto and incorporated into this application. I. INTRODUCTION EchoStar, together with other EchoStar affiliates, is a leading provider of DBS services in the multichannel video programming distribution (“MVPD”) market with over 13 million subscribers. EchoStar and/or other EchoStar affiliates own and operate ten DBS satellites at the 61.5” W.L., 77” W.L., 110” W.L., 119” W.L., 129” W.L., and 148” W.L. orbital locations, as well as a hybrid Ka-/Ku-band Fixed-Satellite Service (“FSS”) satellite at the 12 1 O W.L. orbital location and FSS leased capacity on additional satellites. EchoStar will file separately a request for Special Temporary Authority to test the satellite at an appropriate orbital location after launch and before commencement of operations at 110” W.L. 2

EchoStar 11 will improve CONUS service at 110" W.L. by allowing higher power operations at the slot than are possible using the CONUS capabilities of the EchoStar 8 satellite, which is currently providing CONUS service at 110" W.L. In addition to optimizing the CONUS service from 110" W.L., the launch and operation of EchoStar 11 may free EchoStar 8, which can operate with both spot beam and CONUS capabilities, for a more efficient deployment at another orbital location. It will also lessen the need for maintaining EchoStar 6 as an in-orbit spare at the 110.4' W.L. orbital location. Due to past and recent launch vehicle incidents, the projected launch date for EchoStar 11 is not certain but could be as early as October 1 of this year, and accordingly EchoStar respectfully requests timely grant of the instant application. 11. TECHNICAL REQUIREMENTS OF PART 25 The technical information for the EchoStar 11 satellite required to be submitted pursuant to Part 25 of the Commission's Rules is set forth in the accompanying Technical Narrative (Attachment A), FCC Form 3 12, and Schedule S, all of which are incorporated into this application by reference. 111. PUBLIC INTEREST CONSIDERATIONS IN SUPPORT OF GRANT OF APPLICATION Grant of this application will serve the public interest. First, the operation of EchoStar 1 1 at 110" W.L. will allow EchoStar to improve its CONUS service at this orbital location. EchoStar currently operates the EchoStar 10 spot beam satellite, which operates on 10 downlink channels at 1 10" W.L. -- channels 4, 12, 18, 20, 23, 25, 26, 27, 29 and 3 1. After EchoStar 10 began operations at 110" W.L., the EchoStar 8 satellite, which has both spot beam ~ ~ While EchoStar 1 1 will primarily operate on the channels not used by EchoStar 10's spot beam operations, EchoStar requests authority for all 29 downlink and uplink channels licensed to EchoStar at the 110" W.L. orbital location. 3

and CONUS capabilities, has been relegated exclusively to CONUS operatiom6 EchoStar 1 1 , a dedicated CONUS satellite, will improve CONUS service by allowing higher power operations, which will in turn provide consumers with the programming that they demand while preserving the quality of their reception. Competitive developments have placed a strain on the limited bandwidth available to DBS operators and have made it imperative to maximize the available capacity from licensed spectrum. EchoStar must provide local broadcast stations into as many local markets as feasible in order to compete with terrestrial MVPDs. To the same end, it must also provide a large and growing amount of High Definition programming. This means that, in a finite spectrum assignment, EchoStar must allocate power to increasing its throughput. This has a price: less power remains available to preserve the quality of reception and link availability that customers have come to expect. In sum, additional power is necessary to respond to consumer demand and competitive pressures without sacrificing reception quality. EchoStar 1 1 will help achieve this. The operation of EchoStar 1 1 at 110" W.L. may also free up EchoStar 8 or 6 for in-orbit backup missions or more efficient deployment at a different orbital location. Finally, the launch and operation of EchoStar 11 will better enable EchoStar to provide meaningful competition to terrestrial providers - both cable operators and the telephone companies - thus increasing competition in the MVPD market overall and benefiting consumers. ~ ~ ~~ 6 EchoStar 6 is also located near 110" W.L., at 110.4' W.L. However, it is currently operating as an in-orbit spare and its communications payload is not in use. See File Nos. SAT- STA-20060303-00023 and SAT-STA-2006 1 020-00 124. 4

IV. EARTH EXPLORATION SERVICE EchoStar 11 will be equipped with a camera that will supply satellite imaging information to Echostar’s customers by using the same DBS frequencies licensed to EchoStar at 1 IO” W.L. Specifically, images will be transmitted back to earth on the 12.208 GHz downlink frequency. EchoStar duly applied to the National Oceanic & Atmospheric Administration (“NOAA”) for the required permit on November 14,2006 and its application was granted on March 6, 2007.7 EchoStar believes that no further license is necessary from the Commission in light of the Commission’s decision that DBS operators may use their licensed frequencies for non-DBS services.8 If this is not the case, as explained below, EchoStar is requesting a waiver of the Commission’s rules to allow it to provide limited Earth Exploration Service (“EES”) using the 12.208 GHz DBS downlink frequencies. V. REQUESTS FOR WAIVER Under Section 1.3 of the Commission’s Rules, 47 C.F.R. 5 1.3, EchoStar hereby requests a limited waiver, to the extent necessary, of the cross-polarization isolation requirement set forth in 47 C.F.R. €J 25.215 (for DBS satellites) and 47 C.F.R. 5 25.210(i) (for Fixed-Satellite Service). If necessary, EchoStar also requests a waiver of the Table of Frequency Allocations, 47 C.F.R. 5 2.106, and the corresponding provision of 47 C.F.R. 5 25.202(a)(7), to allow EchoStar to provide EES using the 12.208 GHz DBS downlink frequency. Commission Rules may be waived for good cause shown.’ For the reasons set forth below, there is good cause for granting the requested waivers. 7 SeeNOAA File No. ES-2006-L1. 9 47 C.F.R. 5 1.3. Seealso WAlTR~iz2ou FCG 418 F.2d 1153 (D.C. Cir. 1969). 5

Cross Polarization Isolation. The minimum cross-polar isolation for EchoStar 1 1 satellite’s CONUS antenna whose transmissions operate in Left Hand Circular Polarization is 28.8 dB, less than the 30 dB minimum ratio of the on-axis co-polar gain to the cross-polar gain prescribed in 47 C.F.R. tj 25.215 (for DBS satellites) and 47 C.F.R. tj 25.210(i) (for Fixed- Satellite Service). In previous cases, the Coinmission has been amenable to waiving this rule when the impact on neighboring satellite networks is negligible and when the only party suffering increased interference is the satellite operator itself.” This is the case here. As shown in detail in Attachment A, the slight 1.2 dB shortfall creates insubstantial amounts of self- interference that have already been factored into the link budgets submitted with Schedule S. In addition, as shown in Attachment A, the cross polarization isolation shortfall creates an insignificant amount of additional downlink interference to adjacent co-frequency DBS satellites in the geostationary orbit. This is because the overall interference isolation of adjacent satellites is dominated by the receive earth station antenna off-axis discrimination for co-polar signals, and the contribution from the cross-polar component is negligible. A cross- polar isolation of 28.8 dB will increase the adjacent satellite interference by less than 0.002 dB compared to the case where the cross-polar isolation is 30 dB.” In any event, the operation of IO See &ehuS/oTSo/eh2/eOpeTo/zhgCu~~om/zun, Order and Authorization, 2 1 FCC Rcd 14780, at 7 8 (Sat. Div. 2006) ( “ & e h u S / ~ ~ P ~ u i . t ~ ~ K a ~ o ~ ~S/or O / -OneSA, d e U ” ) Order, ; 19 FCC Rcd 16334, at T[ 12 (2004); N e i . r , S ~ ~ e ~ SOrder, ~ ~ ~ 17~FCC~ ~Rcd~ ~10369, N y at, T[ 19 (2002). ’ ~ h u S ~ ~ ~ ” P ~ u w ~ ~ K o - ~ a nFNdU 2 1~(“The / - d t .impact / - a t of the satellite downlink antenna cross polarization performance is to raise slightly the interference level into the downlink of the victim satellite’s wanted polarization. .. . In addition, in the same polarization, it would receive a much lower interfering signal whose level is defined by the interfering satellite’s downlink cross-polarization performance. If the satellite antenna met the 30 dB requirement of 25.210(i) and if it transmitted at the same level in both polarizations, this cross-polar contribution would increase interference level by one part per thousand. This increase would correspond to a decrease in carrier-to-interference ratio (C/I) into the adjacent satellite’s downlink signal of 0.0004 dB. With Echostar-9’s downlink antenna cross-polarization isolation of 22 dB, cross- 6

EchoStar 1 1 will not cause even this negligible additional interference: if at all, EchoStar plans to transmit only in Right Hand Circular Polarization on its three licensed channels at 110” W.L. (Channels 27, 29 and 31) that are adjacent to DIRECTV’s three licensed channels (Channels 28, 30 and 32). Finally, the shortfall will occur in a very small (5%) portion of the satellite’s coverage area. EES. As explained above, EchoStar proposes to transmit earth exploration images back to earth on the 12.208 GHz downlink frequency. Even if the flexibility given DBS operators to provide services other than DBS on the DBS spectrum somehow did not encompass the EES service, a limited waiver of the allocation of the 12.2-12.7 GHz band to the Broadcasting-Satellite Service to accommodate Echostar’s plan would be amply justified. First, grant of the requested waiver would be consistent with the policy goals expressed by the Commission when it adopted a flexible use policy for DBS spectrum. Specifically, the Commission concluded “that the relaxation of use restrictions will encourage development of new telecommunications products and services.”” Allowing EchoStar to provide imaging from the satellite’s onboard camera in conjunction with its DBS service would do just that. Further, the Commission found that flexibility “may also increase efficient use of spectrum as a whole” by “allow[ing] licensees greater freedom in determining the specific services to be offered.”13 That policy goal, too, would be furthered here. ~ ~ _ _ _ _ _ _ polar interference contribution would increase to about six parts per thousand, and represent a C/I increase of 0.03 dB. This level of increased interference resulting from the satellite downlink antenna’s non-compliance remains negligible relative to the main interfering signal.”). I* DBSOrderat T[ 148. 7

Moreover, EchoStar believes that the use of a narrow sliver of spectrum will satisfy a significant demand on the part of consumers to witness weather phenomena and view images of the earth’s surface in real time, and receive that service in an integrated offering with their multi-channel video service. Echostar’s plan therefore will yield public interest benefits by increasing the diversity of services and information consumers can receive from their MVPD provider. In addition, Echostar’s plan would not cause harmful interference to DIRECTV. DIRECTV’s three licensed channels (Channels 28, 30 and 32) are separated by approximately 400 MHz from the frequency EchoStar proposes to use to transmit EES images.14 Finally, EchoStar has already received a license to operate a private, space-based electro-optical remote sensing system from N O A A . ” In its March 6, 2007 authorization, N O A A found that Echostar’s earth exploration camera was consistent with current and expected national security, foreign policy, and commercial conditions. Without a frequency to transmit the images from EchoStar 1 1 back to earth, EchoStar would simply not be able to provide the service approved by NOAA. VI. STATUS OF OPERATIONS EchoStar intends to operate all of the transponders on this DBS satellite on a non- broadcast, non-common carrier basis. l 6 As with Echostar’s current services, service from the proposed EchoStar 11 satellite will be offered to consumers on a subscription basis. VII. ITU COST RECOVERY l4 The DIRECTV channels are at 126 18 MHz, 12647 MHz, and 12676 MHz. I5 SeeNOAA File No. ES-2006-L1. 16 See47 C.F.R. $5 25.1 14(c)(l l ) , 25.1 14(d)(l I). 8

EchoStar is aware that as a result of the actions taken at the 1998 Plenipotentiary Conference, as modified by the ITU Council in June 2001, processing fees are now charged by the ITU for satellite network filings. As a consequence, Commission applicants are responsible for any and all fees charged by the ITU. EchoStar hereby states that it is aware of, and unconditionally accepts, this requirement and its responsibility to pay any ITU cost recovery fees for the ITU filings associated with this application. Invoices for such fees may be sent to the contact representative listed in the accompanying FCC Form 3 12. VIII. WAIVER PURSUANT TO SECTION 304 OF THE COMMUNICATIONS ACT In accordance with Section 304 of the Communications Act of 1934, as amended, 47 U.S.C. 5 304, EchoStar hereby waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise. IX. CONCLUSION For the foregoing reasons, EchoStar respectfully requests that the Commission promptly grant this application for launch and operating authority as in the public interest, convenience and necessity. Respectfully submitted, EchoStar Satellite Operating Corporation Pantelis Michalopoulos Linda Kinney Brendan Kasper Vice President, Law and Regulation Steptoe & Johnson LLP Brad Gillen 1330 Connecticut Avenue N. W. Regulatory Counsel Washington, D.C. 20036 EchoStar Satellite Operating Corporation (202) 429-3000 1233 20th Street, N. W. Suite 302 Washington, DC 20036-2396 (202) 293-098 1 Counselfor EchoStai-Satelhe Operatzng Corporation 9

June 22,2007 10


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