Attachment GRANT

This document pretains to SAT-MOD-20050617-00127 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2005061700127_457043

I FCC APPLICATION FOR SPACE AND EARTH STATI0N:MOD OR AMD - MAIN FORM FCC Use Only FCC 3 12 MAIN FORM FOR OFFICIAL USE ONLY 1-8. Legal Name ofApplicant Name: EchoStar Satellite L.L.C. Phone Number: 303-723- 1000 DBA Fax Number: 303-723-1699 Name: Street: 960 1 South Meridian Blvd. E-Mail: City: Englewood State: co - Country: USA Zipcode: 801 12 Attention: David K Moskowitz I 1

Attachment Conditions of Authorization August 15,2004 1. Echostar Satellite L.L.C..'s application, SAT-MOD-20050617-00127 to modify its authorization, SAT-MOD-20041 102-00206 (Call Sign S2609),' to include authority to operate in the 18.3-18.8 GHz (space-to-Earth), 28.35-28.6 GHz (Earth-to- space), and 29.25-29.5 GHz (Earth-to-space) frequency bands IS GRANTED. Accordingly Echostar Satellite L.L.C. is authorized to launch and operate its Echostar- 121W-KuX satellite in the 10.95-1 1.2 GHz (space-to-Earth), 11.45-1 1.7 GHz (space-to- Earth), 18.3-18.8 GHz (space-to-Earth), 13.75-14.0 GHz (Earth-to-space), 28.35-28.6 GHz (Earth-to-space), and 29.25-29.5 GHz (Earth-to-space) frequency bands at the 121.O"W.L. orbital location in accordance with the terms, conditions, and technical specifications set forth in its modification application, this Attachment, and the Commission's Rules. 2. EchoStar must coordinate its downlink operations in the 18.3-18.8 GHz frequency bands with U.S. Government systems, including Government operations to earth stations in foreign countries, in accordance with footnote US334 to the Table of Frequency Allocations, 47 C.F.R. 0 2.106. 3. EchoStar must conduct its operations pursuant to this authorization in a manner consistent with the power flux-density requirements of footnote US255 to the Table of Frequency Allocations, 47 C.F.R. 0 2.106, and 47 C.F.R. 0 25.208, of the Commission's Rules. 4. Echostar Satellite L.L.C 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 station, in accordance with the ITU Radio Regulations. Echostar Satellite L.L.C. shall be responsible for all cost recovery fees associated with these ITU filings. 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. 5 25.1 11(b). I See Application of EchoStar Satellite L C.C.Application to Modify Its Authority to Construct, Launch and Operate a Geostationary Satellite Using the Extended Ku-band Frequencies in the Fixed-Satellite Service at the 121" W.L. Orbital Location and to Add Frequency, File No. SAT-MOD-20041 102-00206, Grunt Stump, January 26, 2005, modifying 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 121O W.L. Orbital Location, File No. SAT-LOA- 20031215-00355, DA 04-3164, Order and Authorization.

5. Other than as described above, the conditions contained in the prior authorization2 remain in effect. 6. Echostar Satellite L.L.C. 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. 7. 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 1.1 15 of the Commission's rules, 47 C.F.R. $0 1.106, 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken. IBFS File No. SAT-MOD-20041 102-00206. 2

~ ~ )-16. Name of Contact Representative Name: Pantelis Michalopoulos Phone Number: 202-429-3000 Company: Steptoe & Johnson LLP Fax Number: 202-429-3902 Street: 1330 Connecticut Avenue NW E-Mail: pmichalo@steptoe.com City: Washington State: DC Country: USA Zipcode: 20036- Attention: Relationship: Legal Counsel ZLASSIFICATION OF FILING ~~ ~ 17. Choose the button next to the :lassification that applies to this filing for (N/A) bl . Application for License of New Station 30th 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. 0 (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 0 (N/A) b7. Notification of Minor Modification @/A) b8. Application for License of New Receive-Only Station Using Non-U.S. Licensed Satellite @/A) b9. Letter of Intent to Use Non-U.% Licensed Satellite to Provide Service inthe United States 0 (N/A) b10. Other (Please specify) i 2

17c. Is a fee submitted with this application? @ IfYes, complete and attach FCC Form 159. IfNo, indicate reason for fee exemption (see 47 C.F.R.Section 1.1 114). 0 Governmental Entity Q Noncommercial educational licensee Q Other(p1ease explain): 17d. Fee Classification BFY - Space Station Modification(Geostationary) 18. 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 i SATMOD20041 10200206 ! I 3

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: Ixla. Fixed Satellite 0 b. Mobile Satellite c. Radiodetermination Satellite 0 d, Earth Exploration Satellite Ixle. Direct to Home Fixed Satellite 0f. Digital Audio Radio Service 0 g. Other (please specify) Ti-. STATUS Choose the button next to the applicable status. Choose mly one. Q Common Carrier QP Non-Common Carrier 1I 22. If earth station applicant, check all that apply. Using U.S. licensed satellites Using Non-U.S. licensed satellites I 23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one. Are these Facilities: Q Connected to a Public Switched Network 0 Not connected to a Public Switched Network NIA 24. FREQUENCY BAND(S): Place an 'X' in the box(es) next to all applicable frequency band(s). a. C-Band (4/6 GHz) b. Ku-Band ( 12/14 GHz) c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: 18000 Frequency Upper: 30000 (Please specify additional frequencies in an attachment) 4

TYPE O F STATION !5. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one. 0 a. Fixed Earth Station 0 b. Ternporary-Fixed Earth Station 0 c. 12/14 GHz VSAT Network 0 d. Mobile Earth Station e. Geostationary Space Station 0 f. Non-Geostationary Space Station 0 g. Other (please speciQ) 16. TYPE OF EARTH STATION FACILITY 3 TransmiVReceive 0 Transmit-Only 0 Receive-Only N/A For Space Station applications, select N/A." i 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.) a -- authorization to add new emission designator and related service 0b -- authorization to change emission designator and related service 0c authorization to increase EIRP and EIRP density -- 0d -- authorization to replace antenna e -- authorization to add antenna f -- authorization to relocate fixed station 0g -- authorization to change fiequency(ies) h -- authorization to add frequency IXl i authorization to add Points of Communication (satellites & countries) -- 0 j -- authorization to change Points of Communication (satellites & countries) 0 k -- authorization for facilities for which environmental assessment and radiation hazard reporting is required 0 1 -- authorization to change orbit location 0 m -- authorization to perform fleet management 0n -- authorization to extend milestones m---’ ~~ i 6

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 1.13 11 of the Commission’s rules, 47 C.F.R. 1.1308 and 1.13 1 1, as an exhibit to this app1ication.A Radiation Hazard Study must accompany all applications for new transmitting facilities, major modifications, or major amendments. I 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 ~~~ ~~ ~ 30. Is the applicant an alien or the representative of an alien? 0 Yes @+ No 0 N/A ~ 3 1. Is the applicant a corporation organized under the laws of any foreign government? 0 Yes @ No 4 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 0 Yes No 4 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? t f 7

33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than 0 Yes @ No 0 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? r ~~ ~ 34. If any answer to questions 29, 30, 3 1,32 andor 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? 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 @ Yes Q 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. Q36 8

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? 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, 0 Yes @ No guilty of unlawhlly 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 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(ies1 or class of 440 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 4p Yes 0 No subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti-Drug Act of I988,2 I 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, Q 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 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.) See attached narrative, supplemental technical description and Schedule S . 1 I Nariative I

CERTIFICATION rhe Applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the Jnited States because of the previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this ipplication. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit n 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 rue, complete and correct to the best of his or her knowledge and belief, and are made in good faith. t4. Applicant is a (an): (Choose the button next to applicable response.) 0 Individual 0 Unincorporated Association 0 Partnership Corporation 0 Governmental Entity 0 Other (please specify) 45. Name ofperson Signing 46. Title of Person Signing David K. Moskowitz Executive Vice President & General Counsel I I I --> 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)(l)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). !

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. 12


Document Created: 2005-09-29 10:42:09
Document Modified: 2005-09-29 10:42:09
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