Attachment DA 07-1096

DA 07-1096

DECISION submitted by IB,FCC

DA 07-1096

2007-03-08

This document pretains to SAT-MOD-20061115-00139 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2006111500139_553960

                             Federal Communications Commission
                                    Washington, D.C. 20554




                                                                                          DA 07—1096


                                            March 8, 2007




David K. Moskowitz
Executive Vice President and General Counsel
EchoStar Satellite Operating Corporation
9601 South Meridian Blvd
Englewood, CO 80112


                                    Re: EchoStar Satellite Operating Corporation
                                        File No. SAT—MOD—20061218—00 154
                                        Call Sign: $2636
Dear Mr. Moskowitz:

          This letter is in response to EchoStar Satellite Operating Corporation‘s (EchoStar) above
referenced modification application specifying a precise orbital location for the EchoStar 113
satellite. EchoStar filed this application to meet a condition contained it its October 19, 2006
authorization for this satellite.‘ For the following reason, we dismiss the application as
incomplete without prejudice to refiling.

          Section 25.112(a)(2) of the Commission‘s rules states that an application is unacceptable
for filing if it "does not substantially comply with the Commission‘s rules [or] regulations.""
Further, section 25.114(d)(14)(iii) provides that a space station operator must include a statement
that it has assessed whether there are any known satellites at, or reasonably expected to be located
at, the requested orbital location, and if so, provide the identities of the parties and measures
taken to prevent collisions." EchoStar did not submit this information for its proposed operations
at 112.85° W.L. Consequently, the modification application is incomplete and therefore
unacceptable for filing.




‘ EchoStar Satellite Operating Corporation, File Nos. SAT—MOD—20051007—00198, SAT—AMD—20051118—
00248 and SAT—AMD—20060724—00081, grant stamped with conditions by the Chief, Satellite Division,
October 19, 2006.
247 CFR. § 25.112(a)(@2).
2 47 C.F.R. § 25.114(d)(14)(iii).


                                Federal Communications Commission                                     DA 07—1096




         Accordingly, pursuant to Section 25.112(a)(1) of the Commission‘s rules, 47 C.F.R. §
25.112(a)(1), and Section 0.261 of the Commission‘s rules on delegations of authority, 47 C.F.R.
§ 0.261, we dismiss the application without prejudice to refiling. EchoStar has 15 days from date
of this letter to refile its complete modification application." Failure to submit this information
may render EchoStar‘s authorization for the 113° W.L. orbital location null and void.



                                                        Sincerely,
                                                                       «m   enemmnnmmmmtmmnnmcens..
                                                        Lé}f PPrmmummee

                                                        Robert G. Nelson
                                                        Chief, Satellite Division
                                                        International Bureau




* Applications returned to applicants for additional information will not require an additional fee when
resubmitted, if the resubmitted application is identical to the returned application except for the missing
information. 47 C.F.R. § 1.1109.



Document Created: 2007-03-08 12:39:57
Document Modified: 2007-03-08 12:39:57

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