Attachment application.pdf

This document pretains to SAT-MOD-19990329-00039 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD1999032900039_1164039

; |READ INSTRUGTIONS APPROVED BY OMB 3060—0 BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION REMITTANCE ADVICE (1) LOCKBOX # 358210 NfSMe———S paying y e as i appears on your and cents) 5 wos Attn: smmeer 7 1330 Connecticut Avenue 6 siAre DP COdE Washington B.C. 20036 bavinie t (Include area 10 (i not in U.S.A) (202)429—3000 IF PA APPLICANT , CO C IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159—C) anter name exacity as it appears on your SAT—MOD—19990329—00037 une NG.1 “’. 5701 South Santa Fe SAT“MOD-]9990329 0 ‘ —00039 vaieny is stare Littleton co 17) DN NUMBER (Incude area code) counTRy not in U SA) (303)723—1000 COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEETS (FORM 159—C) ror Proj m acoon 6,390 .00 so) ree cat siowo SECTION D — TAXPAYER IN EQUIRED PAYER TIN |0|s 2\ 1| 3|4| o| 7| 9|o [APPLICANT TIN 0|g |4 ; David K. Moskowitz , Certify under penalty of perjury that the foregoing and supporting information jeravt naue) are true and correct to the best of my knowledge, infomation and belief. SIGNATURE hereby authorize the FGCto charge my ViSA or MASTERCAR® the service(syauthorizations(s) herein described. ——— SEE PUBLIC BURDEN ESTIMATE ON REVERSE FCC FORM 159 JULY 1997 (REVISED)

DUPLICATE N¥ ENE KE dn« Amnaapons '|L|C L'J:e ?:1? FCC 312 Main Form Et Aug Borden Hours es FEDERAL COMMUNICATIONS COMMISSION nisess 5* masige APPLICATION FOR SATELLITE SPACE AND EARTH STATION AUTHORIZATIONS Number Fee Number: APPLICANT INFORMATION 1. Legal Name of Applicant 2. Voice Telephone Number EchoStar Satellite Corporation BU3—723—i1000 3. Other Name Used for Doing Business (if any) 463,‘}!]‘?%‘1‘1";.19"? 5. Mailing Street Address or P.O. Box 6. City 5701 South Santa Fe Littleton — . 7. State / Country (if not U.S.A.) 8. Zip Code ATIENTION: pavid K. Moskowitz co 80120 9. Name of Contact Representative (If other than applicant) 10. Voice Telephone Number Pantelis Michalopoulos 202—429—3000 11. Firm or Company Name 12. Fax Telephone Number Steptoe & Johnson LLP 02—429—3902 13. Mailing Street Address or P.0. Box 14. City 1330 Connecticut Avenue, N.W. Washington . 15. State / Country (if not U.S.A) 16. Zip Code ATIENTIO®: pantelis Michalopoulos D.C. 20036 CLASSIFICATION OF FILING 17. Place an "X" in the box next to the classification that applies to this filing for both questions a. and b. Mark only one box for T7a and only one box for 176. D b1. Application for License of New Station I:] b6. Transferof Control of License or Registration D sF. Bank Station D b2. Applicationbfor Registration of NewStation “i: Receive—Only ificati of Minor Modification D b7. Notification ihe . I:l b3. Amendment to a Pending Application D b8. Application for License of New Receive—Only Station Using Nom—U.S. Licensed Satellite E a2. Space Station El b4. Modification of License or Registration D b9. Letter of Intent to Use Non—U.S. Licensed Satellite to Provide Service in the United States [] »5. Assignment of License or Registration [] b10. Other (Please Specify): 18 If this filing is in reference to an existing station, enter: 19. If this filing is an amendiment to a pending applicationenter: C Callsignolstmon $2142 and $2143 (1) Date pending application was filed (b) bile number of pending application (File Nos. 36—DSS—LA—97; 37—DSS—P/LA—94) PCC 312, Mam borm Page 1

ALIEN OWNERSHIP 29. Is the applicant a foreign government or the representative of any foreign government? ~ [ vEs pra NO 30. Is the applicant an alien or the representative of an alien? N/A [:] YES D NO 31. Is the applicant a corporation organized under the laws of any foreign government? N/A D YES [] no 32. Is the applicant a corporation of which more than one—fifth of the capital stock is owned of record or D YES L'] NO voted by aliens or their representatives or by a foreign government or representative thereof or by any N/A 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 D YES E] NO one—fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign N/A 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, the identification of the aliens or foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vole. N/A BASIC QUALIFICATIONS 35. Does the applicant request any waivers or exemptions from any of the Commission‘s Rules? [( ves K)] 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 had any FCC station authorization or license revoked or had D ¥ES 0 any application for an initial, modification or renewal of FCC station authorization, license, or construction &k]n permit denied by the Commission? If Yes, attach as an exhibit, an explanation of the circumstances. 37. Has the applicant, or any party to this application, or any party directly or indirectly controlling the applicant ever been D Y¥ES &:] o convicted of a felony by any state or federal court? If Yes, attach as an exhibit, an explanation of the circumstances. N 38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant, guilty of unlawfully D ¥Es K] no monopolizing or attempting unlawfully to monopolize radio communication, directly or indirectly, through control of N 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 the circumstances. 39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending matter D ¥ES k No referred to in the preceeding two items? If Yes, attach as an exhibit, 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, addresses, and citizenship of those stockholders owning of record and/or voting 10 percent or more of the Filer‘s voting stock and the percentages so held. In the case of fiduciary N/A control, indicate the beneficiary(ies) or class of beneficiaries. Also list the names and addresses of the officers and directors ofthe Filer. 41. By checking Yes, the undersigned certifies, that neither the applicant nor any other party to the application is subject to a denial of Ei] ¥ES Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act of 1988, 21 U.S.C. Section 862, because [_] No 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? If yes, answer 42b and attach an exhibit providing the information specified in 47 C.F.R,. § 25.137, as appropriate. [j yES [x] No If no, proceed to question 43. 42b. What administration has licensed or is in the process oflicensing the space station? Ifno license will be issued, what administration has coordinated or is in the process of coordinating the space station? N/A CC 312, Mam omm Page 3 bebruary, 1998

TYPE OF SERVICE 20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Place an "X" in the box(es) next to all that apply. B a. Fixed Sateilite D c. Radiodetermination Satellite D e. Direct to Home Fixed Satellite [_] b. Mobile Satellite [_] d. Earth Exploration Satellite [_] 1. Digital Audio Radio Service [_] g. Other (please specify) 21. STATUS: Place an "X" in the box next to the applicable status. Mark only one box. 22. If earth station applicant, place an "X" in the box(es) next to all that apply. D a. Common Carrier @ b. Non—Common Carrier D a. Using U.S. licensed satellites D b, Using Non—U.S. licensed satellites N/A 23. If applicant is prov‘iding INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Mark only one box. Are these facilities: D a. Connected to the Public Switched Network E b. Not connected to the Public Switched Network 24. FREQUENCY BAND(S): Place an "X" in the box(es) next to all applicable frequency band(s). 7a. C—Band (4/6 GHz) 4 b. Ku—Band (12/14 GHz) [_] c. Other (Please specify) TYPE OF STATION 25. CLASS OF STATION: Place an "X" in the box next to the class of station that applies. Mark only one box. . . . a. n . — le B ue 1 wa tm £. Other D a. Fixed Earth Station D b. Temporary—Fixed Earth Station D c. 12714 GHz VSAT Network D d. Mobile Earth Station m e. Space Station D (Specify) If space station applicant, go to Question 27. 26. TYPE OF EARTH STATION FACILITY Mark only one box. D a. TransmiU/Receive D b. Transmit—Only D c. Receive—Only PURPOSE OF MODIFICATION OR AMENDMENT 27. The purpose of this proposed modification or amendmentis to: Place an "X" in the box(es) next to all that apply. a —— authorization to add new emission designator and related service b —— authorization to change emission designator and related service c —— authorization to increase EIRP and EIRP density d —— authorization to replace antenna e —— authorization to add antenna £ —— authorization to relocate fixed station g —— authorization to change assigned frequency(ies) h —— authorization to add Points of Communication (satellites & countries) i —— authorization to change Points of Communication (satellites & countries) j —— authorization for facilities for which environmental assessment and radiation hazard reporting is required [X] k—Other (Please Specify) ‘ Authorization to extend construction & launch milestones1 ENVIRONMENTAL POLICY 28. Would a Commussion grant of any proposal in1 this d‘p! plication or amendment have a significant environmental impact as defined by 47 CFR 1.13077 ‘\ + [22 If YES, submit the statement as required by Sections 1 08 and 1.41341 of the Commission‘s sules, 47 C FR. §§ 1.1308 and 1.1311, as an exhibit to this application. D YES Q(J NO A Radiation Hazard Study must accompany all applications as an exhibit for new transmitting facilities, major modifications, or major amendments. Refer to OFT Bulletin 65. FCC 312, Main Form Page 2 Pebruary, 1998

141. Description. (Summanze the nature of the application and the services io be provided). See Exhibit A:— Request for Extension of FTime to Complete Construction and to Launch Fixed~Satellite Service Satellites. Exhibit No. Identify all exihibits that are attached in Or 0 Cfik’!‘ii&ififi?‘!fl& ' 'ThcApplicintwarres: aay chiim 19 the use ofmy pamculm‘fmqmcy orofthe elmumgnwcspcmmAs agams( :hc mgutmory mwesof the United Suw:;°because of ~Athepoovionsuseofthesame.whatherbydicens« C .40AIEquesthanmuthorization inaccordancewith thisapplication. ‘The applicant certifics thixtErant. of this . i would not causethe applicant10beinvigtationofthe :gmmm agpregationfimit in 47CFR Part 20. All statementsmade in CKHibits are a material par hcteaf and are corporated herein as if artourt in full in this application. acd, individually and for the applicant,heraby certifics that alf statements made m this applicatians andin all amtachod exhibits aretruc, compleic and correct to the bcsx of bis or her knowlnige and belief, and ars made in good faith. 144. Applicant is a {ank (Place an "X" inthe box next to appticable respanse.) {7] a. Indjviduat [ b. Unincorporated Association [_|¢. Partrership [C] 4. Comportion [7] c Governmental Entity [7] fm"swify) TTyped Name ofPeison Sighing TAE TulepfForom Slgm ~ l BPavid K._ Moskmn tz Senior Vzce President & General CGounseli > | ,Sigmm March 29, 1999 20*‘d TYLOL MADEON THIS FORM ARE PUNJISHABLE BY FINFE AND/OR IMPRISONMENT CC WILLEUL (U.S, Title 18, Sectj nMENTS Code, FALSE(STAT 1001}), AND/OR REYOCATION OF ANY STATION AUTHORIZATION (U.8. Code, Title 47, | Section 31a)(1)}, AN R FOREEITURE (U.8. Code, Title 47, Section 503). FCE 332, Main Form— Fage 4 Fetunsary, 1998

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of EchoStar Satellite Corporation File Nos. 36—DSS—LA—97 37—DSS—P/LA—94 Authority to Construct, Launch and | Operate Space Stations in the Domestic Fixed—Satellite Service REQUEST FOR EXTENSION OF TIME TO COMPLETE CONSTRUCTION AND TO LAUNCH FIXED—SATELLITE SERVICE SATELLITES Pursuant to Section 25.161(a) of the Commission‘s Rules, 47 C.F.R. § 25.161, EchoStar Satellite Corporation ("EchoStar") hereby submits this request for an extension of time to allow completion of construction and launch ofits two Ku—band domestic fixed—satellites to be located at the 83° W.L. and 121° W.L. orbital positions. Specifically, EchoStar requests (1) a new completion milestone of 24 and 30 months for FSS—1 and FSS—2, respectively, after the Commuission‘s ruling on the petitions for reconsideration filed against the above—captioned authorization by GE American Communications, Inc. ("GE Americom") and PRIMESTAR Partners, L.P. ("PRIMESTAR"); and (2) a new launch milestone of 27 and 33 months for FSS—1 and FSS—2, respectively, from the date of such a ruling. As EchoStar demonstrates below, this extension is warranted because circumstances beyond EchoStar‘s control have made it impossible to complete construction of FSS—1 and FSS—2 by the March 30 and June 30, 1999

milestones set forth in EchoStar‘s authorization.‘ In particular, the pendency of a number of challenges to EchoStar‘s Authorization (and to EchoStar‘s still pending application to add C— band frequencies to one satellite) by GE Americom and PRIMESTAR have left EchoStar unable to finalize its satellite design — and thus unable to complete construction of the satellites —— by these milestones. There is thus good cause for the requested extension. EchoStar emphasizes thét it remains committed to completing and launching these satellites as quickly as possible and using them to serve consumers from the Ku—band and C— band. To this end, EchoStar has negotiated at length with both GE Americom and PRIMESTAR to resolve their specific concerns, particularly their concern that FSS—1 could inte;fere with the downlinks of GE Americom‘s satellite, GE—2. Indeed, it is because EchoStar has sought to flexibly address GE Americom‘s and PRIMESTAR‘s concerns that it has delayed finalizing the design for several key components of its satellites — and thus delayed their completion." EchoStar‘s flexibility appears to have paid off, as it has reached an agreement in principle with GE Americom and PRIMESTAR, with only a few logistical and implementation matters to be ironed out. As a result, EchoStar hopes to soon be able to finalize its system design and to move forward expeditiously with satellite construction. EchoStar anticipates that it will bé able to complete construction of FSS—1 and FSS—2 no later than 24 and 30 months, respectively, from the Commission‘s ruling on the pending petitions for reconsideration and to launch each satellite three months after completion. Accordingly, EchoStar requests that the ‘ In the Matter ofthe Applications ofEchoStar Satellite Corporation for Authority to Construct, Launch and Operate Space Stations in the Domestic Fixed—Satellite Service, Memorandum Opinion and Order, 11 FCC Red. 20446, 17 (1996) ("EchoStar Authorization"). 2 EchoStar has a contract for the construction of its FSS—1 and FSS—2 satellites. e

Commission extend the completion milestones for FSS—1 and FSS—2 to these dates, and the launch milestones to a date three months after each completion milestone. I. DISCUSSION A. Background In November 1996, the Commission granted EchoStar authority to construct, launch and operate two Ku—band space stations in the domestic fixed—satellite service ("FsS~»q> This authorization was conditioned, among other things, on EchoStar‘s submission of an independent market valuation of Mr. Charles Ergen‘s Class B common stock shares or other evidence of EchoStar‘s financial qualifications." EchoStar provided the required submission on January 17, 1997, and the Commission placed this supplemental showing on public notice on February 10, 1997." EchoStar has also filed a minor modification application to add C—band frequencies to the FSS—1 satellite. The Commission also placed this application on public notice on February 10, 1997.° Unfortunately, EchoStar‘s authorization and subsequent submissions have all been subject to numerous challenges by both GE Americom and PRIMESTAR. Specifically, GE Americom and PRIMESTAR have petitioned the Commission for reconsideration of the 3 EchoStar Authorization, 11 FCC Red. at 20446. 4 EchoStar Authorization, § 16. Mtr. Ergen, EchoStar‘s Chief Executive Officer, had pledged to sell his shares as necessary to finance the construction and first—year operation of EchoStar‘s authorized system. The market value of these shares exceeds very substantially the estimated cost of the system. 5 Satellite Policy Branch Information: Applications Accepted For Filing/Actions Taken, Report No. SPB—75 (Feb. 10, 1997). 6 Id., File No. 25—SAT—ML—97.

authorization and, separately, for its cancellation.‘ They have also opposed EchoStar‘s C—band modification request. The bases for GE Americom and PRIMESTAR‘s objections to EchoStar‘s Authorization are two—fold: (1) most significantly, they contend that EchoStar‘s FSS—1 satellite, as proposed, would interfere with the downlinks of GE—2, GE Americom‘s satellite operating at 85° W.L.; and (2) they also contend that EchoStar does not meet the Commission‘s financial qualifications established for FSS licensees ana the corresponding con}dition that the Commission placed on EchoStar‘s authorization. With respect to EchoStar‘s financial qualifications, EchoStar notes that it is highly unusual for the Commission to require a licensee to make such an additional financial submission and to subject that submission to public notice — which, in this case, resulted in challenges by GE Americom and PRIMESTAR. EchoStar has explained at length why the showing it made on January 17, 1997 was adequate.8 In any event, the challenges should have been mooted by the fact that, as EchoStar has informed the Commission, it now has amply more in current assets than necessary to cover the cost of the completion and first year operation of the system. Nevertheless, the pending challenges have created significant uncertainty with respect to EchoStar‘s authorization. 7 See Petition for Reconsideration of GE American Communications, Inc., File Nos. 36—DSS—LA—94 et al. (Dec. 24, 1996); Petition for Reconsideration of PRIMESTAR Partners, L.P., File Nos. 36—DSS—LA—94 (Dec. 24, 1996); Petition to Declare Authorization Null and Void of GE American Communications, Inc., File Nos. 36—DSS—LA—94 et al. ( Mar. 10, 1997); Petition to Cancel Authorization of PRIMESTAR Partners, L.P., File Nos. 36—DSS—LA— 94 et al. (Mar. 10, 1997); Petition to Dismiss, Deny or Hold in Abeyance of GE American Communications, Inc., File No. 25—SAT—ML—97 (Mar. 10, 1997) (collectively "Oppositions"). 8 See Consolidated Opposition of EchoStar Satellite Corporation, File Nos. 36— DSS—LA—94 et al. (Mar. 24, 1997).

With respect to GE Americom‘s and PRIMESTAR‘s interference concerns, the parties have been explicitly encouraged by the Commission to engage, and have engaged, in private coordination." The negotiations have borne fruit, and the parties have reached an agreement in principle, subject to the "ironing out" of a few implementation—related and logistical details. The agreement involves a substantial reduction in power for the EchoStar sétellite and a significant redesign of the satellite footprint. Thfis, pending these negotiations, EchoStar has been unable to finalize its system design and thus to complete construction of its satellites by the requisite milestones. B. Circumstances Beyond EchoStar‘s Control Prevent EchoStar from Meeting Its Construction Milestones The Commission will grant an extension of a satellite construction milestone for "good cause shown" if a licensee can demonstrate that cireumstances beyond its control prevent it from meeting the relevant milestone.‘" Such extraordinary circumstances have prevented EchoStar from completing construction of its satellites, EchoStar FSS—1 and —2, by the applicable milestones —— March 30, 1999 and June 30, 1999, respectively. As noted above, GE Americom and PRIMESTAR have filed a number of challenges to EchoStar‘s authorization. First, as noted above, the challenges pertaining to ° As the Commission has stated: "[wle continue to believe that GE Americom and EchoStar should be able to reach coordination agreements involving EchoStar 1 and the adjacent GE Americom satellites. We encourage and prefer satellite operators to resolve coordination difficulties, since they can best weigh the technical and economic tradeoffs involved in a coordination." In the Matter ofAssignment ofOrbital Locations to Space Stations in the Domestic Fixed—Satellite Service, 13 FCC Red. 13863, 13867 (1998) (footnotes omitted) ("GE Americom 1998 Order‘). 10 In the Matter ofMCI Communications Corporation, 2 FCC Red. 233, [ 5 (1987) ("extensions of the milestone schedule are granted only when delay in implementation is due to circumstances beyond the control of the licensee."). — 5.L

EchoStar‘s supplemental showing of financial qualifications, on which its authorization was conditioned, have created an unusual degree of uncertainty with respect to EchoStar‘s authorization: in light of these challenges, EchoStar still awaits a Commission determination that it has satisfied the financial qualification requirements." Second, and equally significant, the nature of the interference—related challenges _ pénding against EchoStar‘s authorization requires significant changes to EchoStar‘s system if settlement is to be reached. Pursuant to Commission policy and strong encouragement by the Commission, EchoStar has engaged in "exhaustive good faith efforts" to resolve these interference concerns through negotiation with GE Americom and PRIMESTAR.12 To facilitate these negotiations, EchoStar has delayed finalizing the design of several key system components, leaving open the possibility of making reasonable, appropriate adjustments, including limiting the power of its satellites. This delay was particularly necessary since the other satellite being coordinated is already operational. The parties have now agreed in principle to significant adjustments and are finalizing the agreement. To achieve this coordination, EchoStar has specifically agreed to reduce the Ku— band transponder (27 MHz) EIRP of its FSS—1 satellite to be no more than 1 dB higher, anywhere over CONUS, than the current actual transponder EIRP of the FSS—1 satellite. This will be achieved by careful re—design of the FSS—1 satellite antenna so as to replicate the contours U This determination has not been made even in the first instance, and thus this is a different set of circumstances than that presented by a legal challenge to a finding that has already been made. 12 iSee, eg. GE Americom 1998 Order, 13 FCC Red. at 13867. See also Assignment of Orbital Locations to Space Stations in the Domestic Fixed Satellite Service, 5 FCC Red. 179, 183 ("[i]f a coordination agreement cannot be reached after exhaustive good faith effort, the parties may then request that we intervene."); Hughes Communications Galaxy, Inc., 7 FCC Red. 4672, 4673 (1992). —6—

of the GE—2 satellite over CONUS as well as by the use of appropriate transmit power to achieve the required EIRP. Additionally, EchoStar has agreed to modify, if desired by GE Americom and PRIMESTAR, its frequency plan for the FSS—1 satellite so as to optimize the position of the FSS—1 guard bands so that they fall within the useful transponder bandwidth of the GE—2 co— polar transponders wherever possible. Given the extensive design changes to the FSS—1 satellite. that the EchoStar—GE Americom—PRIMESTAR agreement entails, EchoStar anticipates that it will require an additional 24 and 30 months, respectively, from the Commission‘s ruling on the pending petitions for reconsideration to complete construction of its FSS—1 and FSS—2, an(; an additional three months thereafter to launch these satellites. EchoStar emphasizes that it remains committed to completing and launching these satellites as expeditiously as possible. As a result of its successful negotiations with GE Americom and PRIMESTAR, it can now do so. II. SECTION 304 WAIVER In accordance with Section 304 of the Communications Act of 1934, 47 U.S.C. § 304, EchoStar hereby waives any claim to the use of any particular frequency or of the electromagnetic spectrum because of the previous use of the same, whether by license or otherwise. III. CONCLUSION For the reasons set forth above, EchoStar requests that the Commission extend (1) the construction milestones for FSS—1 and FSS—2, as set forth in the Authorization, to 24 and 30 months, respectively, from the Commission‘s ruling on the pending petitions for reconsideration; and (2) the launch milestones for these satellites to 27 and 33 months, respectively, from the date of that ruling.

CERTIFICATION The undersigned certifies individually and for EchoStar Satellite Corporation that all of the statements made in this Application are true, complete and accurate to the best of his information, belief and knowledge, and are made in good faith. Respectfully submitted, EchoStar Satellite Corporation ny BRZLJ4 David K. MoskoWitz d% Senior Vice President and/General Counsel EchoStar Satellite Corporation 5701 South Santa Fe Littleton, CO 80120 303/723—1000 Dated: March 29, 1999

ANTI—DRUG ABUSE CERTIFICATION Pursuant to Section 1.2002 of the Commission‘s Rules, 47 C.F.R. § 1.2002 (1997), Applicant certifies that neither Applicant nor any of their shareholders, nor any of their < officers or directors, nor any party to this Application are subject to a denial of Federal benefits pursuént to authority granted in Section 5301 of the Anti—Drug Abuse Act of 1988. Respectfully submitted, EchoStar Satellite Corporation \By )W/}PW David K. Mosk({wuz Senior Vice President and General Counsel EchoStar Satellite Corporation 5701 South Santa Fe Littleton, CO 80120 — (303) 723—1000 Dated: March _29, 1999


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