Attachment DA 07-1096

DA 07-1096

DECISION submitted by IB,FCC

DA 07-1096

2007-03-08

This document pretains to SAT-MOD-20061218-00154 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2006121800154_554520

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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