Attachment EchoStar - Grant Jun

EchoStar - Grant Jun

DECISION submitted by IB,FCC

Grant

2012-06-22

This document pretains to SAT-LOA-20110902-00172 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2011090200172_957449

SAT—LOA—20110902—00172 1B2011004172 $2844 EchoStar Satellite Operating Corporation ECHOSTAR—16 CallSi 4‘4GrantDate06/22/12_ ’328gn (or other identifier) ce see Term Dates | Approved by OMB w2 ., _. 4@ From_conditions . Conditions 3060—0678 GRANTED mm a . | ional Bureau Approved: Date & Time Filed: Sep 22011 6:24:06:686PM éfim—‘-{a—fi—- PP 5 3 bual File Number: SAT—LOA—20110902—00172 Callsign/Satellite ID: $2844 Cnief Sedtellite Policy Branch APPLICATION FOR SATELLITE SPACE STATION AUTHORIZATIONS FCC Use Only FCC 312 MAIN FORM FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: Application for Authority to Launch and Operate the EchoStar 16 Satellite at 61.5 W.L. 1—8. Legal Name ofApplicant Name: EchoStar Satellite Operating Phone Number: 202—293—0981 Corporation DBA Name: Fax Number: Street: 100 Inverness Terrace East E—Mail: City: Englewood State: CO Country: USA Zipcode: 80112 =— Attention: Ms Alison Minea

ATTACHMENT IBFS File No. SAT—LOA—20110902—00172 Call Sign $2844 Grant Date: June 22, 2012 The application of EchoStar Satellite Operating Corporation (EchoStar), IBFS File No. SAT— LOA—20110902—00172, for authority to construct, launch, and operate a Direct Broadcast Satellite (DBS) service space station, EchoStar 16 ( Call Sign $2844), at the 61.5° W.L. orbital location on DBS channels 3—32 IS GRANTED. While EchoStar is authorized to construct and launch EchoStar 16 with the capability of operating on DBS channels 1 and 2, EchoStar has not sought and is not granted authority to operate on DBS channels 1 and 2 pursuant to this authorization. Accordingly, EchoStar is authorized to operate the EchoStar 16 space station on DBS channels 3—32 at the 61.5° W.L. orbital location, with feeder links in the 17.3—17.8 GHz band (Earth—to—space) and service links in the 12.2—12.7 GHz band (space—to—Earth). In addition, EchoStar 16 is authorized for launch, transfer orbit, and on—station tracking, telemetry and command (TT&C) communications using center frequencies located at: 17.307 GHz and 17.7955 GHz (Earth—to—space), and 12.694 GHz, 12.695 GHz, 12.6965 GHz, and 12.6975 GHz (space—to—Earth). EchoStar 16‘s operations are subject to the terms, conditions, and technical specifications set forth in EchoStar‘s application, the Federal Communications Commission‘s rules, and the conditions set forth below. 1. Pursuant to Section 25.111(c) of the Commission‘s rules, 47 C.F.R. § 25.111(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 Plan to incorporate the _ characteristics of the BSS space station of the EchoStar 16 satellite, USABSS—37, 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 until the agreement of all affected Administrations is obtained and the frequency assignments of USABSS—37 become a part of the appropriate Region 2 BSS and feeder—link Plans. If coordination is not completed and/or the necessary agreements under Appendices 30 and 30A have not been obtained, this authorization may be subject to additional terms and conditions as required to effect coordination or obtain the agreement of other Administrations. EchoStar shall also provide the Commission with the necessary Appendix 4 information required by the ITU Radiocommunication Bureau to advance publish, coordinate and notify the frequencies to be used for TT&C functions of EchoStar 16. 2. EchoStar must maintain the EchoStar 16 satellite at the 61.5° W.L. orbital location with an east/west longitudinal station—keeping tolerance of +/— 0.05 degrees. EchoStar shall not operate the EchoStar 16 satellite outside these station—keeping limits without further authorization. 3. To the extent EchoStar seeks authority to change the orbital location of the EchoStar 16 space station in the future through a modification to this authorization, it should take into consideration the geographic service requirements applicable to other orbital locations. 47 CF.R. § 25.148(c). 4. The license term for the EchoStar 16 space station is 10 years, and will begin to run on the date EchoStar certifies to the Commission that the satellite has been successfully

ATTACHMENT IBFS File No. SAT—LOA—20110902—00172 Call Sign $2844 Grant Date: June 22, 2012 placed into orbit and its operation fully conforms to the terms and conditions of this authorization. Within five business days of EchoStar 16 commencing operations at the 61.5° 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 0.271 of the Commission‘s rules on delegated authority, 47 C.F.R. § 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.§§ 1.106, 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken. File # SHT-L_OR Zono 902- Col 72 Cattsign$2804GramDare_OC22/2, (or other identifier) ‘ see _ Term Dates $¢e¢ From eondlifions To: condritions mal Bureau Approved: "*t€ LurH\cmd‘hons

9—16. Name of Contact Representative Name: Pantelis Michalopoulos Phone Number: 202—429—6494 Company: Steptoe & Johnson LLP . Fax Number: Street: 1330 Connecticut Avenue, NW E—Mail: pmichalopoulos@steptoe.com City: Washington State: DC Country: USA Zipcode: 20036 — Attention: Relationship: Legal Counsel CLASSIFICATION OF FILING 17. Choose the buttonnext to the b. classification that applies to thisfiling for «) b1. Application for License of New Station both questions a. and b. Choose only one (N/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. (N/A) b5. Assignment of License or Registration (N/A) al. Earth Station (N/A) b6. Transfer of Control of License or Registration @, a2. Space Station (N/A) b7. Notification of Minor Modification (N/A) b8. Application for License of New Receive—Only Station Using Non—U.S. Licensed Satellite q4 b9. Letter of Intent to Use Non—U.S. Licensed Satellite to Provide Service in the United States «4 b10. Replacement Satellite Application — no new frequency bands {3 b11. Replacement Satellite Application — new frequency bands (Not eligible for streamlined processing) q4 b12. Petition for Declaratory Ruling to be Added to the Permitted List (N/A) b13. Other (Please specify)

17¢. 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). g3 Governmental Entity ;3 Noncommercial educational licensee {74 Other(please explain): 17¢. 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

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: E] a. Fixed Satellite E] b. Mobile Satellite D c. Radiodetermination Satellite D d. Earth Exploration Satellite D e. Direct to Home Fixed Satellite D £. Digital Audio Radio Service E] g. Other (please specify) Direct Broadcast Satellite 21. STATUS: Choose thebutton next to the applicable status. Choose 22. If earth station applicant, check all that apply. only one. Not Applicable 3 Common Carrier @ Non—Common Carrier 23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one.Are these facilities: C Connected to a Public Switched Network C 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). D a. C—Band (4/6 GHz) D b. Ku—Band (12/14 GHz) E c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: 12200 Frequency Upper: 17800 (Please specify additional frequencies in an attachment)

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. C3 f. Non—Geostationary Space Station {3 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.) ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental {4 Yes @ 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. §§ 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.

29. Is the applicant a foreign government or the representative of any foreign government? y Yes @No 30. Is the applicant an alien or the representative of an alien? 4 Yes No @ N/A 31. Is the applicant a corporation organized under the laws of any foreign government? ,Yes No @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 Yes gNo @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 gYs oN @ 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, 31, 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

35. Does the Applicant request any waivers or exemptions from any of the Commission‘s Rules? «3 Yes @ No IfYes, 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 @ Ye | No revoked or had any application for an initial, modification or renewal of FCC station authorization, license, or construction permit denied by the Commission? IfYes, attach as an exhibit, an explination of circumstances. Question 36 37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling ; 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, ; 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? IfYes, 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 & Ye & No matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances.

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 Question 40 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 ; 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, 3 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?

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.) EchoStar Satellite Operating Corporation seeks authority to launch and operate the EchoStar 16 satellite at 61.5 W.L. See attached narrative. Narrative 43a. Geographic Service Rule Certification ) A 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. y B By selecting B, 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 comply with such requirements. @ 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. GXT 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.

44. Applicant is a (an): (Choose the button next to applicable response.) g24 Individual «74 Unincorporated Association «74 Partnership ¢z, Corporation g74 Governmental Entity «7y Other (please specify) 45. Name of Person Signing 46. Title of Person Signing Alison Minea Corporate Counsel 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 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). Completed Schedule S 10

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Document Created: 2012-06-22 16:48:28
Document Modified: 2012-06-22 16:48:28
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