Attachment redacted

redacted

OTHER submitted by EchoStar

redacted

2005-07-05

This document pretains to SAT-MOD-20050513-00103 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2005051300103_442376

Approved by OMB 3060-0678 Date & Time Filed: Feb 3 2005 7:22:43:510PM File Number: SAT-STA-20050203-00018 Callsign: FEDERAL COMMUNICATIONS COMMISSION APPLICATION FOR SPACE STATION SPECIAL TEMPORARY AUTHORITY FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: STA Request for EchoStar 5 -- 129 W.L. 1. Applicant Name: EchoStar Satellite L.L.C. Phone Number: 303-723-1000 DBA Name: Fax Number: 303-723-1699 Street: 9601 South Meridian Blvd. E-Mail: City: Englewood State: co Country: USA Zipcode: 80112 - Attention: David K Moskowitz 1

!. Contact 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 Contact Relationship: Legal Counsel Title: (If your application is related to an application filed with the Commission, enter the file number below.) 3. Reference File Number 4a. Is a fee submitted with this application? If Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.11 14). 0 Governmental Entity 0 Noncommercial educational licensee 0 Other(p1ease explain): lb. Fee Classification CRY - Space Station (Geostationary) i. Type Request @ Change Station Location 0 Extend Expiration Date 0 Other I. Temporary Orbit Location 7. Requested Extended Expiration Date 129 W.L. 2

r- 8. Description (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) See attached application f o r special temporary authority. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject Yes to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti-Drug Act of 1988, 0 No 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. 10. Name of Person Signing 11. Title of Person Signing David K. Moskowitz Executive Vice President and General Counsel Attachment 1: Narrative Attachment 2: Exhibit 1 Attachment 3: Exhibit 2 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 312(a)(l)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). 3

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. 4

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) In the Matter of ) ECHOSTAR SATELLITE L.L.C. File No. SAT-STA-2005 1 Application for Special Temporary Authority 1 To Move EchoStar 5 to 129” W.L. and To Conduct Telemetry, Tracking and Command ) Operations During the Relocation to ) this Orbital Location. ) EXPEDITED CONSIDERA TION REQUESTED APPLICATION FOR SPECIAL TEMPORARY AUTHORITY Pursuant to Section 309 of the Communications Act of 1934, as amended, 47 U.S.C. 3 309, and Part 25 of the Commission’s Rules, 47 C.F.R. Part 25, EchoStar Satellite L.L.C. (“EchoStar”) hereby files this application for special temporary authority (“STA”) to (a) move the EchoStar 5 satellite from its current orbital position at 119” W.L. to 129” W.L.; and (b) perform telemetry, tracking and command (“TT&C”) operations in order to relocate EchoStar 5 to this new orbital location where it will operate as a Canadian satellite licensed to Ciel Satellite Communications, Inc. (“Ciel”).’ EchoStar requests that this STA be granted expeditiously because under Ciel’s license from Industry Canada, Ciel must complete placement of an interim I See Letter from Jan Skora, Director General, Radiocommunications and Broadcasting Regulatory Branch, Industry Canada to Kevin B. Smyth, Chief Executive Officer, Ciel Satellite Communications, Inc., February 1, 2005 (“Approval in Principle”). A copy of this letter is attached as Exhibit 2. The approval in principle was granted to Ciel Satellite Limited Partnership. Ciel Satellite Communications, Inc. is the general partner in Ciel Satellite Limited Partnership. I

satellite into the 129” W.L. orbital location by August 25, 2005.2 In order to allow for sufficient time to drift and test the satellite at the 129” W.L. orbital location before operations are to begin at that location,’the authority requested herein is needed no later than June 25,2005. EchoStar requests temporary authority for a period of 60 days, The grant of this application is in the public interest because it would provide EchoStar with access to additional spectrum resources to provide more local into local, high definition, and other programming to its subscribers and would allow EchoStar to begin to transition its local programming onto a single satellite dish as required by the recently enacted Satellite Home Viewer Extension and Reauthorization Act of 2004 (“SHVERA”).3 In addition, grant of this application would allow EchoStar to compete more effectively against established cable operators in the multichannel video programming distribution (“MVPD”) market and would enhance spectrum efficiency by bringing new Direct Broadcast Satellite (“DBS”) services from a Canadian orbital location previously unavailable to U S . consumers. Finally these public interest benefits will be secured without any detriment to consumers since the 21 DBS channels at the 119” W.L. orbital location licensed to EchoStar will remain fully used by the EchoStar 7 sate~~ite.~ 2 See Approval in Principle. SHVERA requires that satellite carriers must provide all local stations in each market on a single satellite dish no later than 18 months after the effective date of the Act. See Section 203 of the Satellite Home View Extension and Reauthorization Act of 2004 (enacted December 8,2004). In addition, EchoStar is filing a blanket receive-only earth station application to receive DBS service from the EchoStar 5 (or a comparable satellite) operated from the Canadian orbital location at 129” W.L. -2-

I. BACKGROUND AND INTRODUCTION EchoStar is the holder of many DBS licenses, including one allowing EchoStar 5 to operate 21 DBS channels at 119" W.L.' The EchoStar 7 satellite is also licensed to operate on these channels at the same orbital location. EchoStar has entered into a contractual arrangement with Ciel whereby EchoStar has agreed to operate up to 32 DBS channels on EchoStar 5 (or a comparable satellite) at the 129" W.L. for an interim period of time pending the launch of the Ciel-2 satellite to that location.6 Ciel has been authorized by Industry Canada to develop and operate a Broadcasting-Satellite Service ("BSS") satellite at the 129" W.L. orbital location.7 Pursuant to Echostar's agreement with Ciel, EchoStar 5 will be redeployed to the 129" W.L. orbital location from which it will operate as a Canadian-licensed satellite. EchoStar and its affiliates will retain title to and ownership of EchoStar 5. To enable EchoStar 5 to serve the United States from that Canadian BSS position, EchoStar is filing an application for blanket authority for 1 million receive-only earth stations to communicate with EchoStar 5 at 129" W.L. In addition, EchoStar will also be filing related feeder link and TT&C earth station applications to support the provision of DBS services from EchoStar 5 at its new orbital location. For the reasons stated below, the grant of this application is in the public interest. See In the Matter of EchoStar Satellite Corporation Applicationfor Minor ModiJication of Four DBS Space Station Authorizations, Files Nos. SAT-MOD-20030303-00024, SAT-MOD- 20030303-00025, SAT-MOD-20030303-00026, SAT-MOD-20030303-00027, SAT-STA- 20030508-00092, DA 03-2379, Memorandum Opinion and Order (Released: July 22,2003). A redacted copy of the agreement between EchoStar and Ciel is attached with this filing as Exhibit 1. EchoStar is also submitting a hard copy of the unredacted agreement with a request for confidential treatment of the redacted materials. See Approval in Principle. -3-

11. GRANT OF THIS APPLICATION WILL NOT CAUSE HARMFUL INTERFERENCE TO OTHER OPERATING SATELLITES The grant of this application for Special Temporary Authority will not present any significant risk of interference to other U.S. and non U.S. satellites. There are no currently operational BSS satellites using these frequencies within 9 degrees of the 129" W.L. location. The regular DBS transmissions for EchoStar 5 satellite will be turned off during the transition from 119" W.L. to 129" W.L., with only TT&C operations being performed in the DBS bands during this interim period. In accordance with industry practice, EchoStar will coordinate its TT&C operations with potentially affected satellite operators during the relocation of the satellite. Once the satellite reaches 129" W.L. and is ready for operations, both DBS and TT&C operations will be conducted at that location, subject to the approval of Echostar's blanket license application. 111. GRANT OF THIS APPLICATION IS IN THE PUBLIC INTEREST The grant of this application is in the public interest because it would provide EchoStar with much needed spectrum to offer more local into local, high definition, and other programming. In addition, the provision of service from the 129" W.L. orbital location will be a significant part of Echostar's plan to provide its local programming in each market on a single satellite dish as required under SHVERA. The grant of this application would also be consistent with the Commission's recent grant of an STA request (and related applications) by DIRECTV -4-

Enterprises, LLC (“DIRECTV”).8 In that proceeding, DIRECTV had entered into a similar arrangement with Telesat Canada (“Telesat”) whereby DIRECTV would relocate the DIRECTV 5 satellite to Telesat’s Canadian-licensed BSS slot at 72.5” W.L. from which DIRECTV would provide DBS service on an interim basis to the United States. The Commission approved that arrangement, despite finding that Canada did not meet the “effective competitive opportunities” test for comparable DBS services, because of the public interest benefits associated with increasing the number of markets able to receive local-into-local programming from DIRECTV.91 Similarly, the arrangement between Ciel and EchoStar would have the same public interest benefits by increasing the number of markets in which EchoStar would be able to provide local- into-local programming for its subscribers and by allowing EchoStar to transition “two-dish” markets to one dish for all local stations in each market. In addition to the public interest benefits related to local-into-local service, granting this application would provide additional public interest benefits. It would also allow EchoStar to provide more high definition and other programming to compete more effectively with established cable operators in MVPD market. As the Commission is aware, EchoStar operates with significantly less bandwidth and programming capacity than is available to digital cable providers. Lastly, grant of this application will allow EchoStar to offer DBS services to the United States from an orbital location that has not previously been available to serve the U.S. market, ’ In the Matter of DIRECTV Enterprises, LLC, Request for Special Temporary Authority for the DIRECTV 5 Satellite, DA 04-2526, Order and Authorization, SAT-STA-20040 107- 00002, Call Sign S2417 (released Aug. 13,2004). Id. at 7 23. -5-

resulting in a net gain for U.S. consumers. All 32 DBS channels at the 129" W.L. orbital location are allotted by the International Telecommunications Union's Region 2 BSS plan to Canada. By moving EchoStar 5 to 129" W.L., EchoStar will be able to bring substantial new satellite capacity to bear in providing DBS service to U.S. consumers. IV. WAIVER PURSUANT TO SECTION 304 OF THE ACT In accordance with Section 304 of the Communications Act of 1934, as amended, 47 U.S.C. 0 304, 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. -6-

V. CONCLUSION For the foregoing reasons, EchoStar respectfully requests the expeditious grant of its application for Special Temporary Authority to move EchoStar 5 to 129" W.L. and to perform TT&C operations in order to relocate the satellite to this orbital location. Respectfully submitted, Is1 Pantelis Michalopoulos David K. Moskowitz Philip L. Malet Executive Vice President & General Counsel Brendan Kasper EchoStar Satellite L.L.C. Chung Hsiang Mah 960 1 South Meridian Boulevard STEPTOE & JOHNSON LLP Englewood, CO 80 1 12 1330 Connecticut Avenue, N. W. (303) 723- 1000 Washington, D.C. 20036 (202) 429-3000 Counselfor EchoStar Satellite L.L. C. February 3, 2005 -7-

ANI): I time dcsdlints chat may bc dmmuncd * by hdustiy CSMda and, In any wont, not later tkan rhb carlicr of 0 sixty (60) days following r&pt by &I of tba 1290 W.L. Licence (as dcliaed below) aod (il) August 25,2005, Which is rht dau! by a --- 1 Public Version Confidential Information Redacted

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C I a C Maturl Underakiag~. 1. Fobwing receipt by Cicl of the 1294 W.L. Licenae and rcccipl by Echostar of thc FCC , Approvab: I T 4 G?l@*&f Crd Projnie r. Public Version Confidential Information Redacted i

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wE C ® ioglosiny Canacér indusinue Lanada [ 390 Sater \treet ; [ Cmwal OM KiA 0K 1 i i 1 Our File: 6G215—32% "EP — | 2006 Mr., Kevin B. Smyth | Chuef Executive Officer | Ciel Satellite Communmecations inc. S§70 Pettapiece Crescent | Manotick, Ontario KAM 1CS Dear Mr, Smuyth: This is further to our fettor of 1 Oictober, 208M in which Cicd Satelite Commurdécations Inc. was required to demonstrate compliance with Canadian ownership and control requiremenis prior to the issuance of an appmoval in principlte for the development and operation of a broadcasting—satellrte space statmon at the J 29°Worbital posinion. The Department has reviewed and assessed the documentation relating to ovwnership and control that Ciel Satellite Communmcations Inc. has submitted, We note that the final corporate structure of the Boensee will be that of a limited partnership, the €Ciel Satellite Limited Partnership, the general partner of wheach is Cael Satetlite Communications Inc. Our review indicates that the partners of Ciel Satellite Liarmited Partmership are individualiy cligible to hold licences as rad:iocoremmumication carmers based on the information provided thus far, and subsequent discussions with and commitments by Ciet Sateflite Limited Partnership andits partners. Theretore, P am pleased to proviade Caed SateHite Lirnited Partinership with wur approval in principle to develop and operate a broadcast—satellite spare staftfon at the 129°W ogbital posman usiang the 12 CiHz froquency band. FThis approval is subject to Cicl Sateflite Liarmited Partnership provaling the Department with the final ownership and control information for approval by the Department, and subject to the attached condsions of hicenee. Canada

t UJook forward to the implementation of your service offenings in the coming years and the contributions your sateflite wilt make taward conneciing Canacdians. In keeping with our commument to open, fair and transparent licensing processes, this letter wall be posted on the Department‘s Strategis website, Yours sincereiy, »*/ | / | i/ Jan Skora Chrestor General Radiocommunications and Rroaduasting Regulatory Branch Attachment

Attachment Conditions of Licenee for Cicl Satellite Limited Partnership (Ciel LP) BSS SateBite Operating at 129°WOrbital Fosition Fligibility ( Ciel LP shall conform on an omgoing basis with the Canadian maenership and controd requirements as set out for a radiocommunication carmer in section 1N(2¥X«l) ofthe Roediocommunication Reguluticas. Licence Fransfer | I 3 This liconce maynot be transferred or assigned without full review ofthe application by| the Department and the authonzation of the Mimster. For claofication and without limiting the generafity of the foregoing, "transfer‘ includes any leasing. sub—lessing or ; other disposition ofthe rights and nbligations of the licenee, and also includes any changk which would have a matenal effect an the ownership or control in fact of C¥el LP. . Serving Canadian Broadcasting Needs 3 a} Ciel LP shall operate its enterim and new satelfite facifities as a Canadian telecommunications common carrier. bi Notwithstarding combition Ma). Cicl LP may assign up to 50 percent of the caparcity of the new satellite to serve forergn broadcastimg needs for the term ofthe lizenee. c] Ciel LP shall retain a minimam of 50 percent ofthe capacity of the noewsatellite for Canacdian broadcasting needs until the faunch of the newsatellite, and shatl mitiate a _ public "call for interes®" to determine Canadian needs for this retained sateflite capacity. This "call for interest" shall not close before the haunch of the newsatellite. in addition tip the capaceéy identified in condition ¥b), shouldthe retained capsacity exceed contracted | Canadian requirements, Ciel LP noay also assign such excess retained capacity for service in cther countrics for the termof the hicence. f d) Should Ciel LP applyto the Department to license a replacement for the new sutellite., the Department may review the apphceability of conditions 3{b) and 3{x). ; The newsaigihte to be operated under this liwwonee shall be capable of serviag all regions} ot Canada visible from the assigned orbital posiion. incfuding Neathern Canada. i I $lcuesn £0]7 t (’-fi}\,’,k& i d L’ ( i

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Document Created: 2005-03-16 15:25:44
Document Modified: 2005-03-16 15:25:44
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