Attachment grant

grant

DECISION submitted by FCC,IB

grant

2005-01-26

This document pretains to SAT-MOD-20041102-00206 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2004110200206_414650

/ FCC APPLICATION FOR SPACE AND EARTH STATI0N:MOD OR AMD - MAIN FORM FCC Use Only FCC 3 12 MAIN FORM FOR OFFICIAL USE ONLY ~~~ ~ ~ -8. Legal Name of Applicant Name: EchoStar Satellite L.L.C. Phone Number: 303-723-1000 DBA Fax Number: 303-723-1699 Name: Street: 9601 South Meridian Blvd. E-Mail: david.moskowitz@echostar.com City: Englewood State: co Country: USA Zipcode: 801 12 - Attention: David K Moskowitz 1

Attachment Conditions of Authorization January 26,2005 1. Echostar Satellite L.L.C.’s (“Echostar”) request, File No. SAT-MOD-20041 102- 00206, to modify its authorization, SAT-LOA-20031215-00355 (Call Sign S2609),*to include authority to operate in the 10.95-11.2 GHz frequency bands IS GRANTED. Accordingly, Echostar is authorized to launch and operate its Echostar- 121W-KuX extended Ku-band satellite at the 121O W.L orbital location satellite in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz (space-to- Earth), and 13.75-14.0 GHz (Earth-to-space) frequency bands in accordance with the terms, conditions, and technical specifications set forth in its application, this Attachment, and the Federal Communications Commission’s Rules. 2. Echostar’s request for waiver of NG104 of the U.S. Table of Allocations and footnote 2 of Section 25.202(a)(2), in order to provide domestic service using receive-only earth stations in the 10.95-11.2 GHz in addition to the 11.45-11.7 GHz band IS GRANTED. We find that this grant is consistent with previous Commission actions2. 3. EchoStar shall operate its receive-only earth stations in the 10.95-11.2 GHz and 11.45-11.7 GHz bands on a non-interference basis relative to FS stations and EchoStar shall not claim protection from harmful interference from any authorized FS stations to which frequencies are either already assigned, or may be assigned in the future. 4. EchoStar is required to inform its customers in writing, including end-users receiving service from resellers acckssing capacity on Echostar- 121W-KuX, that the service is being provided on an uncoordinated basis, and of the potential for interference from FS operations. 5. TT&C operations in the 1 1.45-11.7 GHz frequency bands pertain only to TT&C transmissions between a single GSO satellite at 121O W.L. and a maximum of one fixed earth station within the continental United States & its Possessions (US&P). I Application of EchoStar KuX Corporation Application for Authority to Construct, Launch and Operate a Geostationary Satellite Using the Extended Ku-band Frequencies in the Fixed-Satellite Service at the 12 1” W.L. Orbital Location, File No. SAT-LOA-2003 12 15-00355, DA 04-3 164, Order and Authorization. * Application of EchoStar KuX Corporation Application for Authority to Construct, Launch and Operate a Geostationary Satellite Using the Extended Ku-band Frequencies in the Fixed-Satellite Service at the 109” W.L. Orbital Location, File No. SAT-LOA-2003 1211-00350, DA 04-3 163, Order andAuthorization.

6. EchoStar shall coordinate its potential TT&C earth station operations with terrestrial FS stations in accordance with Section 25.203 of the Commission’s rules. 7. In the 13.75-14.0 GHz band, all earth station operators in the US&P are required to coordinate through NTIA’s Interdepartment Radio Advisory Committee’s Frequency Assignment Subcommittee. 8. Operation of the Echostar-121 W-KuX satellite network in the 13.75-14.0 GHz band shall be in accordance with footnotes US356 and US357 to 47 C.F.R. 3 2.106 in the US&P, including that an earth station in the fixed-satellite service shall have a minimum antenna diameter of 4.5 meters, and with footnotes 5.502 and 5.503 to the ITU Radio Regulations outside of the US&P.4 9. Echostar- 121W-KuX must be constructed, launched, and placed into operation in accordance with the technical parameters and terms and conditions of this authorization by these specified time periods following the date of authorization5: a. Execute a binding contract for construction by 9/30/2005; b. Complete the Critical Design Review by 9/30/2006; c. Commence construction by 9/30/2007; d. Launch and begin operations by 9/30/2009. Failure to meet any of these dates shall render this authorization null and void. See 47 C.F.R. $9 25.161 and 25.164. 10. EchoStar shall prepare the necessary information, as may be required, for submission to the ITU to initiate and complete the advance publication, international coordination, due diligence, and notification process of this space The 13.75-14.0 GHz band is shared on a primary basis with the Government radiolocation and with the forward space-to-space and space-to-Earth links of the NASA Tracking and Data Relay Satellite (TDRS) System in the space research service, earth stations in the United States and its Possessions (“US&P”) operating with the Echostar- 121W-KuX satellite will require coordination through the National Telecommunications and Information Administration (NTIA) Interdepartment Radio Advisory Committee’s (IRAC) Frequency Assignment Subcommittee (FAS). See 47CFR 2.106 FN US337. In this regard, we have received a letter from the NTIA requesting that we identify these requirements in any grant of authority to operate a satellite in the 13.75-14.0 GHz band. See Letter from William Hatch, Acting Associate Administrator, Office of Spectrum Management, NTIA, to Roderick Porter, Acting Chief, International Bureau, Federal Communications Commission (May 1 1, 1999). See Also Amendment of Parts 2,25, and 90 of the Commission‘s Rules to Allocate the 13.75-14.0 GHz Band to the Fixed-Satellite Service, ET Docket No. 96-20, Report and Order, 1 1 FCC Rcd 1 1951, 1 1960-6 1 4 Domestically, footnotes US356 and US357 are applicable. Internationally, footnotes 5.502 and 5.503 to the International Telecommunication Union (ITU) Radio Regulations also place certain restrictions on FSS operations. We require that earth stations in the US&P operate in accordance with U.S. footnotes US356 and US357. For non-US&P earth stations accessing the Echostar-121W-KuX satellite, we require operation to be consistent with international footnotes 5.502 and 5.503. 5 EchoStar posted a $3 million bond with the Commission, pursuant to the procedures set forth in Public Notice, DA 03-2603, 18 FCC Rcd 16283 (2003).

station, 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, by successfully completing coordination agreements. Any radio station authorization for which coordination has not been completed may be subject to additional terms and conditions as required to effect coordination of the frequency assignments of other administrations. See 47 C.F.R. 9 25.1 1 1(b). 11. The license term for the Echostar-121W-KuX, Call Sign S2609, is fifteen years and will begin to run on the date that Echostar 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. 12. Operators of earth stations accessing the Echostar- 121W-KuX satellite in the 13.75 - 14.0 GHz band are urged to cooperate voluntarily with NASA in order to facilitate continued operation of NASA's Tropical Rainfall Measuring Mission (TRMM) satellite.6 13. 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. 14. This Grant is issued pursuant to Section 0.261 of the Commission's rules on delegated authority, 47 C.F.R. 0 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. 95 1.106, 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken. NTIA noted that NASA's Tropical Rainfall Measuring Mission (TRMM) satellite system radar in the band 13.793-13.805 GHz is still operating. Since TRMM is a highly valuable and visible U.S. asset, with a broad range of international users, NTIA has requested cooperation from the FCC and nowFederal Government entities in providing assistance in reducing interference with the TRMM radar. NTIA notes that it desires that FSS earth stations in the 13.793 - 13.805 GHz frequency band located south of 39" N. and east of 1 IO" W. operate with emission levels below -150 dBWI600 kHz at the TRMM space station receiver. As this is a request and not a requirement, considering the secondary nature of the TRMM operation, we urge, but do not require, operators of earth stations accessing the Echostar-12 1W-KuX satellite in the 13.75 - 14.0 GHz band to cooperate voluntarily with NASA in order to facilitate continued operation of the TRMM satellite. See Letter from Frederick R. Wentland, Acting Associate Administrator, Office of Spectrum Management, NTIA, to Don Abelson, Chief, International Bureau, FCC (February 28, 2002).

9-16. Name of Contact Representative (If other than applicant) Name: Pantelis Michalopoulos Phone Number: 202-429-3000 Company: Steptoe & Johnson Fax Number: 202-429-3902 Street: 1330 Connecticut Ave., N.W. E-Mail: pmichalo@steptoe.com City: Washington State: DC Country: USA Zipcode: 20036- Contact Relationship: Title: CLASSIFICATION OF FILING 17. Choose the button next to the :Iassification that applies to this filing for (NIA) bl . Application for License of New Station >othquestions a. and b. Choose only one (N/A) b2. Application for Registration of New Domestic Receive-Only Station o r 17a and only one for 17b. Q (N/A) b3. Amendment to a Pending Application @ (N/A) b4. Modification of License or Registration 0 a l . Earth Station b5. Assignment of License or Registration @ a2. Space Station b6. Transfer of Control of License or Registration Q (N/A) b7. Notification of Minor Modification (N/A) b8. Application for License of New Receive-Only Station Using Non-U.S. Licensed Satellite (N/A) b9. Letter of Intent to Use Non-U.S. Licensed Satellite to Provide Service in the United States 0 (N/A) b10. 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 Other(p1ease explain): Fee Classification BFY - Space Station Modification(Geostationary) IS. If this filing is in reference to an 19. If this filing is an amendment to a pending application enter both fields, if this filing is a existing station, enter: modification please enter only the file number: (a) Call sign of station: (a) Date pending application was filed: (b) File number: S2609 SATLOA2003121500355 3

TYPE OF SERVICE 10. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Select all that apply: a. Fixed Satellite 0b. Mobile Satellite c. Radiodetermination Satellite d. Earth Exploration Satellite e. Direct to Home Fixed Satellite f. Digital Audio Radio Service 0g. Other (please specify) l l . STATUS: Choose the button next to the applicable status. Choose 22. If earth station applicant, check all that apply. mly one. 0 Using U.S. licensed satellites 0 Common Carrier @ Non-Common Carrier 0Using Non-U.S. licensed satellites 23. 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 0 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). [7 a. C-Band (4/6 GHz) 0 b. Ku-Band (12/14 GHz) c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: 10950 Frequency Upper: 14000 (Please specify additional frequencies in an attachment) 4

TYPE OF STATION !5. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one. Q a. Fixed Earth Station Q b. Temporary-Fixed Earth Station Q c. 12/14 GHz VSAT Network Q d. Mobile Earth Station @ e. Geostationary Space Station 0 f. Non-Geostationary Space Station 0 g. Other (please specify) !6.TYPE OF EARTH STATION FACILITY: 0 TransmiUReceive 0 Transmit-Only 0 Receive-Only @ N/A For Space Station applications, select N/A." 5

PURPOSE OF MODIFICATION 27. The purpose of this proposed modification is to: (Place an 'X' in the box(es) next to all that apply.) 0a -- authorization to add new emission designator and related service 0b -- authorization to change emission designator and related service 0c -authorization to increase EIRF' and EIRP density 0d -- authorization to replace antenna 0e -- authorization to add antenna 0f -- authorization to relocate fixed station 0g -- authorization to change frequency(ies) h -- authorization to add frequency i -- authorization to add Points of Communication (satellites & countries) 0j authorization to change Points of Communication (satellites & countries) -- 0k -- authorization for facilities for which environmental assessment and radiation hazard reporting is required 01 -- authorization to change orbit location 0m -- authorization to perform fleet management 0n -- authorization to extend milestones o -- Other (Please specify) 6

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. 1.1308 and 1.1311, as an exhibit to this app1ication.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? 0 Yes @ No Q N/A 30. Is the applicant an alien or the representative of an alien? Q Yes @ No Q N/A 3 1. Is the applicant a corporation organized under the laws of any foreign government? Q Yes @ No Q 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 Q 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? 7

37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling 0 Yes @ 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 0 Yes @ 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 Response to Q 40 beneficiaries. Also list the names and addresses of the officers and directors of the Filer. 9

41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is Cp Yes 0 No subject to a denial of Federal benefits that includes FC'C benefits pursuant to Section 5301 of the Anti-Drug Act ot' 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 application8rquot; 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?N/A $3. Description. (Summarize the nature of the application and the services to be provided). (If the complete description does not appear in this OX, please go to the end of the form to view it in its entirety.) See attachment €or narrative, waiver request, and technical annex. ~ 10

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.) 0 Individual 0 Unincorporated Association 0 Partnership @ Corporation Q Governmental Entity Q Other (please specify) 45. Name of Person Signing 46.Title of Person Signing David K. Moskowitz Executive Vice President & General Counsel i I --> WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (US. Code, Title 18, Section 1001),AND/OR REVOCATION OF ANY STATION AUTHORIZATION (US. Code, Title 47, Section 312(a)(l)), AND/OR FORFEITURE (US.Code, Title 47, Section 503). 11

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 OMF3 control number or if we fail to provide you with this notice. This collection has been assigned an O m 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. 12


Document Created: 2005-01-26 12:50:07
Document Modified: 2005-01-26 12:50:07
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