Attachment grant

grant

DECISION submitted by IB, FCC

grant

2007-06-21

This document pretains to SAT-MOD-20070323-00055 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2007032300055_574517

                                            182007000722
$2636       SsAT—MOD—20070323—00055
                            g Corporation
EchoStar Satellite Operatin

                                                                                                                                                               Approved by OMB
                                                                                                                                                                      3060—0678


  Date & Time Filed: Mar 23 2007 10:47:26:110AM
  File Number: SAT—MOD—20070323—00055
                                                                       CEcwho Cea— e A @
                                                                        [\ 2235 CAOLA_
      FCC APPLICATION FOR SPACE AND EARTH STATION:MOD OR AMD — MAIN FORM                                                     FCC Use Only

                            FCC 312 MAIN FORM FOR OFFICIAL USE ONLY


  APPLICANT INFORMATION
  Enter a description of this application to identify it on the main menu:
  Refiled Modification to Specify Precise Orbital Location for $2636 (113W Ka—band Satellite)
  1—8. Legal Name of Applicant

              Name:          EchoStar Satellite Operating    Phone Number:                                             303—723—1000
                             Corporation
              DBA                                            Fax Number:                                               303—723—1699
              Name:

               Street:       9601 South Meridian Boulevard   E—Mail:



               City:         Englewood                       State:                                                     CO
               Country:       USA                            Zipcode:                                                  80112                —
               Attention:    David K Moskowitz



                                                                                                             Files_S§—mno o— 2007632366065

                                                                                                                                             , 2C 7
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                                                                                                             (or other identifier)
                                                                                                                                      Term Dates
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                                              EchoStar Satellite Operating Corporation
                                              Attachment — Conditions of Authorization
                                                File No. SAT—MOD—20070323—00055
                                                          Call Sign: $2636

                                                                   June 21, 2007



EchoStar Satellite Operating Corporation‘s (EchoStar) application, IBFS File No. SAT—MOD—
20070323—00055, to modify its authorization to operate a Ka—band satellite, EchoStar—113, is
GRANTED. Accordingly, EchoStar is authorized to operate its EchoStar—1 13 satellite, Call Sign
$2636, at the 112.85° W.L. orbital location using the 18.3—18.8 GHz, 19.7—20.2 GHz, 28.35—28.6
GHz, and 29.25—30.0 GHz frequency bands subject to the terms of its authorization,‘ as amended,
the technical specifications set forth in its applications, the conditions set forth below, and the
Federal Communication Commission‘s rules.

1.         EchoStar must coordinate its downlink operations in the 18.3—18.8 GHz and 19.7—20.2
           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. § 2.106.

           EchoStar has 30 days from the date of this grant to decline the authorization as
b




           conditioned. Failure to respond within this period will constitute formal acceptance of
           the authorization as conditioned.

3.         This grant is issued pursuant to 47 C.F.R. § 0.261 of the Commission‘s rules on
           delegated authority and is effective upon adoption. Petitions for reconsideration or
           Applications for Review under the Commission‘s rules, 47 C.F.R. §§ 1.106 and 1.115
           may be filed within 30 days of the date of the public notice indicating this action was
           taken.
                                            I
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‘ File No. SAT—LOA—20040803—00154 (grant stamped with conditions on October 8, 2004), modified by
File Nos. SAT—MOD—20051007—00198, SAT—AMD—20051118—00248 and SAT—AMD—20060724—00081
granted stamped with conditions on October 19, 2006).


9—16. Name of Contact Representative

            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
            Attention:                                           Relationship:                         Legal Counsel


CLASSIFICATION OF FILING
17. Choose the button next to the
classification that applies to this filing for   (N/A) b1. Application for License of New Station
both 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.                    C b3. Amendment to a Pending Application
                                                 @ b4. Modification of License or Registration
   C al. Earth Station
                                                 b5. Assignment of License or Registration
   & a2. Space Station                           b6. Transfer of Control of License or Registration
                                                 C 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
                                                  (N/A) b10. Other (Please specify)
                                                    (N/A) b11. Application for Earth Station to Access a Non—U.S.satellite Not Currently Authorized
                                                 to Provide the Proposed Service in the Proposed Frequencies in the United States
                                                    (N/A) b12. Application for Database Entry
                                                  £34 b13. Amendment to a Pending Database Entry Application
                                                  C b14. Modification of Database Entry


 17c¢. Is a fee submitted with this application?
C IfYes, complete and attach FCC Form 159.         If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114).
3 Governmental Entity         {3 Noncommercial educational licensee
) Other(please explain):       Refiled application. See DA 07—1096, Footnote 4.


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:
       $2636
                                                                                                   SATMOD2005100700198


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:


E a. Fixed Satellite
D b. Mobile Satellite
D c. Radiodetermination Satellite
I:I d. Earth Exploration Satellite
E e. Direct to Home Fixed Satellite
D f. Digital Audio Radio Service
D g. Other (please specify)


21. STATUS: Choose the button next to the applicable status. Choose      |22. If earth station applicant, check all that apply.
only one.                                                                I:I Using U.S. licensed satellites
«3 Common Carrier       @ Non—Common Carrier                              O Using Non—U.S. licensed satellites

23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one. Are these
facilities:
C Connected to a Public Switched Network         C 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).
D a. C—Band (4/6 GHz) D b. Ku—Band (12/14 GHz)
E c.Other (Please specify upper and lower frequencies in MHz.)
         Frequency Lower: 18300             Frequency Upper: 30000            (Please specify additional frequencies in an attachment)


TYPE OF STATION
25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one.
4 a. Fixed Earth Station
 4 b. Temporary—Fixed Earth Station
y & 12/14 GHz VSAT Network
C d. Mobile Earth Station
@ © Geostationary Space Station
 C f. Non—Geostationary Space Station
y & Other (please specify)


26. TYPE OF EARTH STATION FACILITY:
C Transmit/Receive £4 Transmit—Only             £4 Receive—Only    @ N/A
"For Space Station applications, select N/A."


PURPOSE OF MODIFICATION


27. The purpose of this proposed modification is to: (Place an °X" in the box(es) next to all that apply.)


    D a —— authorization to add new emission designator and related service
    D b —— authorization to change emission designator and related service
    D c —— authorization to increase EIRP and EIRP density
    D d —— authorization to replace antenna
    D e —— authorization to add antenna
    D f—— authorization to relocate fixed station
    D g —— authorization to change frequency(ies)
     D h —— authorization to add frequency
    D i —— authorization to add Points of Communication (satellites & countries)
    D j —— authorization to change Points of Communication (satellites & countries)
         k —— authorization for facilities for which environmental assessment and
radiation hazard reporting is required
     D 1 —— authorization to change orbit location
    D m —— authorization to perform fleet management
    D n —— authorization to extend milestones
    E o —— Other (Please specify)


ENVIRONMENTAL POLICY


 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental         o Yes @ No
impact as defined by 47 CFR 1.1307? IfYES, 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 application.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?                             4 Yes @ No




 30. Is the applicant an alien or the representative of an alien?                                                       ; Yes @® No    N/A




 31. Is the applicant a corporation organized under the laws of any foreign government?                                 io Ye & N ;3 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    { Yes & No 5g4 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?


33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than          ) Yes @ No 4 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?




34. If any answer to questions 29, 30, 31, 32 and/or 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?                                  «4 Yes        @No
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         .DNO
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.
                                                                                                                          Response to Q36


37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling        C 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,            3 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?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       O‘ Yes        ,@NO
matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances.


                                                                                                                         Cover Letter




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 Q40
beneficiaries. Also list the names and addresses of the officers and directors of the Filer.


41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is            @ Yes        gy No
subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act of
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 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,         C 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.
                                                                                                                       Attachment 1




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?




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.)
     By this application,            EchoStar Satellite Operating Corporation specifies 112.85 W.L.                                   as the
     precise orbital location for $2636,                    and provides the information required under Section
     25.114(d) (14) (iii)         of the Commission‘s Rules for that orbital location.                                Please see the
     attached Response to Q.43 and Attachment 1 for additional detail.
Response to Q43




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.)


C Individual
C Unincorporated Association
 3 Partnership
@ Corporation
 C Governmental Entity
 «4 Other (please specify)




     45. Name of Person Signing                                             46. Title of Person Signing
     David K. Moskowitz                                                     Executive Vice President and General Counsel
       «_——>



               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)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).




11


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searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. If you
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Federal Communications Commission, AMD—PERM, Paperwork Reduction Project (3060—0678), Washington, DC 20554. We will also accept
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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
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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


                               Q. 43 — Description of Application

        By this modification application, EchoStar Satellite Operating Corporation specifies

112.85° W.L. as the precise orbital location for the EchoStar—113 satellite (S2636). Attachment 1

to this application provides the information required under Section 25.114(d)(14)(iii) of the

Commission‘s Rules, 47 C.F.R. § 25.114(d)(14)(iii), for this orbital location. See March 8, 2007

letter from Robert G. Nelson, Chief, Satellite Division to David K. Moskowitz, Re: EchoStar

Satellite Operating Corporation File No. SAT—MOD—20061218—00154 Call Sign: $2636, DA 07—

1096.


                                    Response to Question 36

               In a Memorandum Opinion and Order released May 16, 2002, the Satellite

Division of the International Bureau cancelled two conditional construction permits held by

EchoStar affiliates for 22 channels at the 175° W.L. orbital location. See In the Matter of

EchoStar Satellite Corporation, Directsat Corporation, Direct Broadcasting Satellite

Corporation, Consolidated Requestfor Additional Time to Commence Operation, Memorandum

Opinion and Order, DA 02—1 164 (rel. May 16, 2002).

               By Order released July 1, 2002, the International Bureau cancelled EchoStar‘s

license for a Ka—band satellite system and dismissed a related modification application filed by

EchoStar. See In the Matter ofEchoStar Satellite Corporation; Applicationfor Authority to

Construct, Launch, and Operate a Ka—band Satellite System in the Fixed—Satellite Service,

Memorandum Opinion and Order, DA 02—1534 (rel. July 1, 2002). On November 8, 2002, the

International Bureau reinstated EchoStar‘s license for a Ka—band system as well as the related

modification application. See In the Matter ofEchoStar Satellite Corporation; Application for

Authority to Construct, Launch, and Operate a Ka—band Satellite System in the Fixed—Satellite

Service, Memorandum Opinion and Order, DA 02—3085 (rel. Nov. 8, 2002).

               In a Memorandum Opinion and Order released April 29, 2004, the International

Bureau denied, in part, four applications filed by EchoStar to operate GSO FSS satellites using

the Ka and/or Extended Ku—bands at the 83° W.L., 105° W.L, 113° W.L, and 121° W.L orbital

locations. See In the Matter ofEchoStar Satellite LLC, Applications for Authority to Construct,

Launch, and Operate Geostationary Satellites in the Fixed—Satellite Service Using the Ka and/or

Extended Ku Bands at the 83° W.L., 105° W.L, 113° W.L, and 121° W.L orbital locations,

Memorandum Opinion and Order, DA 04—1167 (rel. Apr. 29, 2004). EchoStar‘s petition for

reconsideration of this decision was denied. See In the Matter ofEchoStar Satellite LLC,


Petition for Reconsideration, Applications for Authority to Construct, Launch, and Operate

Geostationary Satellites in the Fixed—Satellite Service Using the Ka and/or Extended Ku Bands

at the 83°W.L., 105° W.L, 113° W.L, and 121° W.L orbital locations, Memorandum Opinion and

Order, DA 06—865 (rel. Apr. 14, 2006).

                 In a Memorandum Opinion and Order released August 3, 2004, the International

Bureau declared null and void the space station authorization held by VisionStar, an EchoStar

affiliate, for use of the Ka—band at the 113° W.L. orbital location. See VisionStar, Inc.,

Applicationfor Modification ofAuthority to Construct, Launch and Operate a Ka—Band Satellite

System in the Fixed Satellite Service, Memorandum Opinion and Order, DA 04—2449 (rel.

Aug. 3, 2004).

                 By letter dated May 19, 2005, the International Bureau denied EchoStar‘s

applications for a Fleet Management Modification and for a Special Temporary Authority to

move the EchoStar 4 satellite to 61.5° W.L., pending the Commission‘s consideration of another

EchoStar request to move the satellite to 77° W.L., on the grounds that the purpose of the

proposed fleet management modification was not consistent with the purposes of the

Commission‘s rules and that there were no extraordinary circumstances for the grant of

temporary authority. See Letter from Thomas S. Tycz, Chief, Satellite Division, International

Bureau, FCC to Pantelis Michalopoulos, Counsel to EchoStar Satellite L.L.C., DA 05—1405

(May 19, 2005).

                 In a Memorandum Opinion and Order released June 3, 2005, the International

Bureau denied EchoStar‘s application for a Special Temporary Authority to move the EchoStar 4

satellite to 77° W.L. on the grounds that EchoStar had failed to establish extraordinary

circumstances for the grant of such authority. See EchoStar Satellite L.L.C., Application for


Special Temporary Authority to Conduct Telemetry, Tracking and Command Operations During

the Relocation ofEchoStar 4 to the 77° W.L. Orbital Location, Memorandum Opinion and

Order, DA 05—1581 (rel. Jun. 3, 2005). However, the International Bureau later granted partial

reconsideration of this order and then granted EchoStar‘s request to move the satellite to 77°

W.L. where it would operate pursuant to Mexican authority. See EchoStar Satellite L.L.C.,

Application for Special Temporary Authority to Conduct Telemetry, Tracking and Command

Operations During the Relocation ofEchoStar 4 to the 77° W.L. Orbital Location, Order on

Reconsideration, DA 05—2067 (rel. Jul. 25, 2005) and EchoStar Satellite L.L.C., Application for

Special Temporary Authority to Conduct Telemetry, Tracking and Command Operations During

the Relocation ofEchoStar 4 to the 77° W.L. Orbital Location, Order and Authorization, DA 06—

868 (rel. Apr. 18, 2006).


                                       STEPTOE&JOHNSON w
                                                 ATTORNEYS AT LAW



    Pantelis Michalopoutos                                                                 1330 Connecticut Avenue, NW
   202429.6494                                                                              Washington, DC 200364795
   pmichalo@steptoe.com                                                                               Tel 2024293000
                                                                                                       Fax 202.429.3902
                                                                                                            steptoe.com




   March 23, 2007




   Electronic Filing

   Ms. Marlene Dortch
   Secretary
   Federal Communications Commission
   445 Twelfth Street, SW
   Washington, DC 20554


   Re:      SAT—MOD—20050323, File No. SAT—MOD—20061218—00154, Call Sign $2636, DA 07—1096

   Dear Ms. Dortch:

            EchoStar Satellite Operating Corporation ("EchoStar") is hereby submitting this modification
   application in response to the above—captioned March 8, 2007 letter from Robert G. Nelson, Chief,
   Satellite Division to David K. Moskowitz, and also based on oral guidance received from the Division.
   Specifically, the application includes an analysis under Section 25.114(d)(14)(iii) of the Commission‘s
   Rules, 47 C.F.R. § 25.114(d)(14)(iii), in support of EchoStar‘s request to operate the EchoStar—113
   satellite at the 112.85° W.L. orbital location instead of the authorized 113.0 W.L. orbital location.
   Please feel free to contact me if you have any questions about this modification application.



                                                     Sincerely,




                                                     Counselfor EchoStar Satellite Operating Corporation




WASHINGTON     &   NEW YORK   +   CHICAGCO   +   PHOENIX   +   LOS ANGELES   »   CENTURY CIHTY   +   LONBON   e   BRUSSELS


                              RESPONSE TO QUESTION 40

                             OWNERSHIP AND CORPORATE
                              OFFICERS AND DIRECTORS

OWNERSHIP

       EchoStar Satellite Operating Corporation is an indirect, wholly—owned subsidiary of
EchoStar Communications Corporation (a Nevada corporation). The stockholders owning of
record and/or voting 10 percent or more of the voting stock of EchoStar Communications
Corporation include:

                                                                 Approx.        Approx.
                                                                 Equity         Voting
       Ownership Interest                  Citizenship           Interest‘      Interest‘

       Charles W. Ergen"                   USA                   49.3%          76.8%
       Chairman and CEO
       EchoStar Communications
        Corporation
       9601 South Meridian Blvd.
       Englewood, CO 80112

       David K. Moskowitz®                 USA                    16.5%         15.3%
       Executive Vice President and
       General Counsel
       9601 South Meridian Blvd.
       Englewood, CO 80112

       T. Rowe Price Associates, Inc.      USA                    10.5%         1.0%
       100 E. Pratt Street
       Baltimore, MD 21202




       ‘ As of November 10, 2006.

     * Includes both Class A common and Class B common stock ownership. Class B
common stock is owned through several trusts.

        * Includes Class B Common Stock for which Mr. Moskowitz has voting power solely by
virtue of his position as a trustee of several Ergen trusts.


CORPORATE OFFICERS AND DIRECTORS*


EchoStar Communications Corporation

       Executive Officers:
       Charles W. Ergen       Chief Executive Officer
       James DeFranco         Executive Vice President
       Carl E. Vogel          President and Vice Chairman
       David K. Moskowitz     Executive Vice President, General Counsel and Secretary
       Steven B. Schaver      President, EchoStar International Corporation
       Bernard L. Han         Executive Vice President and Chief Financial Officer
       David J. Rayner        Executive Vice President, Installation and Service Network
       Mark W. Jackson        President, EchoStar Technologies Corporation
       O. Nolan Daines        Executive Vice President, Broadband
       Michael Kelly          Executive Vice President, Fixed Satellite Services Business
                              Development
       StephenWood            Executive Vice President, Human Resources

       Board of Directors:
       Charles W. Ergen       Chairman
       Carl Vogel
       Steven R. Goodbarn
       James DeFranco
       David K. Moskowitz
       Cantey M. Ergen
       C. Michael Schroeder
       Michael T. Dugan
       Tom A. Ortolf
       Gary Howard

EchoStar Satellite Operating Corporation

       Executive Officers:
       Charles W. Ergen    President and Chief Executive Officer
       James DeFranco      Executive Vice President
       David K. Moskowitz Executive Vice President, General Counsel, Corporate Secretary




              * The address for all officers and directors of EchoStar Communications
Corporation and EchoStar Satellite Operating Corporation is 9601 South Meridian Blvd.,
Englewood, CO 80112.


Board of Directors:
Charles W. Ergen      Chairman
James DeFranco
David K. Moskowitz


                                            Attachment 1


                               ECHOSTAR—113W Safe Flight Profile



 EchoStar Satellite Operating Corporation ("EchoStar") hereby provides the information required
 under Section 25.114(d)(14)(iii) of the Commission‘s Rules, 47 C.F.R.§25.114(d)(14)(iii), in

support of its modification request to locate its Ka—band satellite at 112.85° W.L. instead of the
authorized 113.0° W.L.orbital location. EchoStar has Commission authorization to operate the
ECHOSTAR—113W satellite at 113° W.L. with an east—west station—keeping tolerance of +0.05
degrees.     Satelites Mexicanos, S.A. de C.V. ("SatMex") operates the SATMEX—6 satellite at
    113° W.L. with an east—west station—keeping tolerance of +0.05 degrees.‘   In order to eliminate
the possibility of an in—orbit collision between the two satellites, EchoStar proposes to locate its
satellite at 112.85° W.L.


EchoStar has reviewed the list of satellite networks licensed by the Commission to operate in the
vicinity of 112.85°W, as well as those currently under consideration by the Commission. In
addition, EchoStar has reviewed networks for which a request for coordination has been
published by the ITU within +0.15 degrees of 112.85° W.L.


Based on this review, the only operational satellite in the vicinity of 112.85° W.L. is the
previously identified SATMEX—6 satellite at 113° W.L.          There are no pending applications
before the Commission to use an orbital location within +0.15 degrees of 112.85° W.L. With
regard to ITU filings, there are networks filed by Australia, Canada, Mexico, the U.K. and the

U.S.A. (filed on behalf of EchoStar), all of which are located at 113° W.L. Other than Mexico

and the U.S.A., EchoStar can find no evidence that the other administrations have plans to

implement their networks.


With the proposed orbital location of 112.85° W.L., the offset from 113° W.L. eliminates the
possibility of any station—keeping volume overlap with the SATMEX—6 satellite. Based on the
foregoing, EchoStar notes that there is no requirement to physically coordinate the ECHOSTAR—
113W satellite with another satellite operator at the present time.       Nevertheless, out of an




_      See SAT—PPL—20060329—00030.


                                       Attachment 1


abundance of caution, EchoStar is continuing to consult with SATMEX to ensure safe flight for
both spacecraft.



Document Created: 2007-06-21 15:18:01
Document Modified: 2007-06-21 15:18:01

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