Attachment surrender

surrender

SURRENDER OF AUTHORIZATION submitted by EchoStar

surrender

2006-12-08

This document pretains to SAT-MOD-20041008-00196 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2004100800196_597966

, Submission for IB File Nos. SAT—LOA—20030827—00177, SAT—MOD—20041008—00196, ... Page 1 of 1 RECEIVED & INSPECTED Karen Washington DEC 1—1—2008 From: Mah, Danie! {dmah@steptoe.com] Sent: Friday, December 08, 2006 8:02 PM FCC — MAILROOM To: IBSecretary Co: William Caton Subject: Submission for 1B File Nos. SAT—LOA—20030827—00177, SAT—MOD—20041008—00196, SAT— MOD—20041208—00218; Call Sign $2490 Importance: High Attachments: 117W Surrender.pdf Please find attached a letter submitted on behalf of EchoStar Satellite Operating Corporation for the above— referenced file numbers. if you have any questions about this filing, please contact me on 202—429—6414. Regards, Daniet <<«117W Surrender.pdf>> Daniel C.H. Mah Steptoe & Johnson LLP 1330 Connecticut Avenue NW Washington DC 20036 (202) 429—6414 12/11/2006

RECEIVED & INSPECTEN _ 1 1 STEPTOE &JOHNSON«@ DEC 2006 ATTORNEYS aT Law FCC — MAILPom®‘ Pantelis Michalopoulos 1330 Connecticut Avenue, NW 202.429.6494 Washington, DC 200364795 pmichalo@steptoe.com Tel 2024293000 Fax 2024203902 steptoe.com December 8, 2006 Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street S.W. Washington, D.C. 20554 Re: EchoStar—117W Ka—band Authorization File Nos. SAT—LOA—20030827—00177, SAT—MOD—20041008—00196, SAT—MOD—20041208. 00218; Call Sign $2490; Withdrawal of Authorization and Request for Waiver Dear Ms. Dortch, EchoStar Satellite L.L.C. ("EchoStar") hereby surrenders its Ka—band authorization for the 117° W.L. orbital location. In addition, EchoStar respectfully requests that the Commission grant an unconditional release of the performance bond submitted for that authorization‘ and, to the extent required, a waiver in light of the Commission‘s statement that such bonds "will be payable if the ‘ See Letter from Pantelis Michalopoulos, Counsel to EchoStar to Marlene H. Dortch, Secretary, FCC (Jan. 7, 2004) (submitting $5 million performance bond for the proposed EchoStar—1 17W satellite); Rider to Bond (dated Sept. 20, 2004) (submitting bond rider to reduce bond amount to $3 million). See also Letter from Pantelis Michalopoulas, Counsel to EchoStar to Marlene H. Dortch, Secretary, FCC (Apr. 12, 2004) (reducing bond amount to $2.25 million following contract execution milestonc); Letter from Pantelis Michalopoulos, Counsel to EchoStar to Mariene H. Dortch, Secretary, FCC (Mar. 24, 2006) (reducing bond amount to $1.5 million following the Critical Design Review milestonc). WaASHINGTON * NEW YORK * PHOENTX * LOS ANGELES * LOND ON * #RUSSELS

STEPTOE&JOHNSON«» Marlene H. Dortch December 8, 2006 Page 2 licensee surrenders its license voluntarily before a milestone date."" EchoStar has decided to surrender its license for good and legitimate cause — the loss of international date priority for the Ka—band at 117° W.L.} in light of that loss, continuation of the project would have meant construction of a satellite whose ability to serve the United States from the licensed slot would be compromised at best, That would not serve the public interest. The purpose of the bond is to deter speculation and warehousing of valuable spectrum and orbital resources. This purpose would not be served by a forfeiture of the bond in the present case. EchoStar has diligently complied with all applicable milestones for the construction of the proposed satellite under the Commission‘s rules and the conditions ofits authorization." It has even taken extraordinary steps to preserve the United States‘ ITU date priority for the Ka—band frequencies at that locanon by bringing those frequencies into use with the AMC—15 satellite from January through March 2005." Thus, there has been no speculation or warehousing. In fact, very few other licensees would have been able to do as much as EchoStar to bring this slot into use. It has become apparent, however, that the United States is almost certain to lose its ITU priority for the Ka—band frequencies at 117° W.L. because the use of those frequencies has been suspended and EchoStar is unlikely to be able to bring them back into regular use within two years of such suspension, as required by the ITU radio regulations.© As a result, the ability of EchoStar to operate on the Ka—band at the 117° W.L. orbital location will shortly become subject to the nearby satellite networks of other administrations with ITU priority. This would likely be true for any other U.S. Ka—band licensee at this orbital location, as well, Under such circumstances, if EchoStar did not surrender its license, it would have to continue constructing a satellite that might not be able to provide robust service to a large part of the nation because of the slot‘s demoted U.S. priority. In sum, it would * Amendment ofCommission‘s Space Station Licensing Rules and Policies, First Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Red 10760, at 4 171 (2003). 3 47 C.F.R. § 1.3 (permitting waiver of the Commission‘s rules "for good cause shown."). * See Public Notice, DA 05—1000 (rel. Apr. 1, 2005) (finding that EchoStar had met the contract execution milestone for this authorization); Public Notice, DA 06—567 (rel. Mar. 10, 2006) (finding that EchoStar had met the Critical Design Review milestone for this authorization}. * See Stamp Grant, SAT—STA—20041130—00214 (granted Dec. 10, 2003). © See TV Radio Regulations § 11.49 ("Where the use of a recorded assignment to a space station is suspended for a period not execeding cightcen months, the notifying administration shall, as soon as possible, inform the Bureau of the date on which such use was suspended and the date on which the assignment is to be brought back into regular use. This latter date shall not exceed two years from the date ofsuspension.").

STEPTOE &JOHNSONa— Marlene H. Dortch December 8, 2006 Page 3 be inappropriate to penalize EchoStar for trying (albeit without success) to preserve and bring into use the Ka—band frequencies at 117° W.L. on behalf of the United States, and for forthrightly surrendering the license whenit is virtually certain that ITU date priority rights will be lost. For these reasons, the Commission should grant an unconditional release of the performance bond submitted for the EchoStar—117W authorization and a waiver to the extent required to permit such release. Please contact the undersigned if you have any questions regarding this letter. Respectfully submitted, : Pantelis Michalopoulos Counselfor EchoStar Satellite Operating Corp. ec: Robert Nelson, International Bureau


Document Created: 2007-10-09 11:51:15
Document Modified: 2007-10-09 11:51:15
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