Attachment Grant

Grant

DECISION submitted by FCC,IB

April 3, 2008 Grant Stamp

2008-04-03

This document pretains to SAT-MOD-20071212-00173 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2007121200173_633166

                                                              File # J#17— MmVD—~ 200 712124~ oul 7 3

                                                              Call Sign >2"*¢! Grant Date /3 /2 0038
                                                              {or other identifier)
                                                                             Term Dates
                                                              Froms 1 f;““?/QCQ 6     To:      ’£§7/guf g      Approved by OMB
                                         GRANTED                                                                           8
                                                                                         /               ,/M _... 3060—067
                                       International Bureau   Approved:       //‘\—M/7j/
Date & Time Filed: Dec 12 2007 5:38:35:653PM
                                                                             Mé/ f‘ «/ é ’M @Mw
File Number: SAT—MOD—20071212—00173                                   /Zé& f

   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:
Minor Modification of EchoStar‘s Authority To Operate EchoStar 3 at 61.5 W.L.
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:   Linda Kinney —(202)293—0981


                                       Attachment
                          File No. SAT—MOD—20071212—00173
                                     Call Sign $2741
                                      April 3, 2008




      The application of EchoStar Corporation (EchoStar), File No. SAT—MOD—
20071212—00173, to renew its license is granted. Accordingly, EchoStaris authorized to
continue to operate its Direct Broadcast Satellite, EchoStar 3 (Call Sign $2741), at the
61.5° W.L. orbital location with an east—west station—keeping tolerance of +/— 0.05
degrees, on channels 2—22 (even) and channels 25—32 (even and odd), in the 12.2—12.7
GHZ (space—to—Earth) and 17.3—17.8 GHz (Earth—to—space) frequency bands. This
authorization expires on January 27, 2018. EchoStar‘s operation of EchoStar 3 must be
in accordance with the technical specifications set forth in the application, EchoStar 3‘s
current authorization, all existing coordination agreements for that location, this
Attachment, and the Commission‘s rules.

       This action is issued pursuant to Section 0.261 of the Commission‘s rules on
delegated authority, 47 C.F.R. § 0.261, and is effective immediately.




                                                            le 4 SAr—MOD— Jj0o7/a 12— 0 0; 73

                                                                     !4i__Grant Date_ 4 /31 2008
                                                                  3274(
                                                         Call Sign27
                                                         ({or other identifier)
                                                                         Term Dates
                                                         From: //27/ 3008             To: (/a7 /ae1F
                                    GRANTED
                                 International Bureau    Approved: %Z                        ammemensmmmnmmmoneso..
                                                                                                                      w__
                                                                 Lba b ta              [
                                                            fi       CK&(/%pdzflw


9—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 Ave., NW              E—Mail:



            City:          Washington                             State:                               DC
            Country:        USA                                   Zipcode:                            20036—
            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.                    £3 b3. Amendment to a Pending Application
                                                  & b4. Modification of License or Registration
   £34 al. Earth Station
                                                 b5. Assignment of License or Registration
   & a2. Space Station                           b6. Transfer of Control of License or Registration
                                                 q3 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
                                                  {} b13. Amendment to a Pending Database Entry Application
                                                  {3 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        ; Noncommercial educational licensee
& Other(please explain):        This is a minor modification therefore no fee applies.


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:
     $2741
                                                                                                    SATMOD1997111700182


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:


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


21. STATUS: Choose the button next to the applicable status. Choose      |22. If earth station applicant, check all that apply.
only one.                                                                I:'] Using U.S. licensed satellites
£} Common Carrier       © Non—Common Carrier                             D 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:
q3 Connected to a Public Switched Network   g"4 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: 12200              Frequency Upper: 17800            (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.
 £3 a Fixed Earth Station
C b. Temporary—Fixed Earth Station
£4 o. 12/14 GHz VSAT Network
£34 d. Mobile Earth Station
 ) e. Geostationary Space Station
£ £. Non—Geostationary Space Station
) & Other (please specify)


26. TYPE OF EARTH STATION FACILITY:
£34 Transmit/Receive £4 Transmit—Only           {p 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
    E] f —— authorization to relocate fixed station
    E] g —— authorization to change frequency(ies)
     D h — authorization to add frequency
    E] i —— authorization to add Points of Communication (satellites & countries)
    [:] j —— authorization to change Points of Communication (satellites & countries)
         k —— authorization for facilities for which environmental assessment and
radiation hazard reporting is required
     [:] 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         £3 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
acronautical 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?                             £; Yes g@ No




30. Is the applicant an alien or the representative of an alien?                                                       £3 Yes £; No @ N/A




31. Is the applicant a corporation organized under the laws of any foreign government?                                 ; Yes 4 No & 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    (a] Yes £ No # 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          C Yes C No © 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?                                  «y 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     £4 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.
                                                                                                                          Question 36


37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling        (:) 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,            {} 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?If Yes, 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       £3 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(ies) or class of    Question 40
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        £} 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? If Yes,         €3 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?




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.)
     EchoStar Satellite Operating Corporation seeks to renew its authority to operate its
     EchoStar 3 satellite at the 61.5 W.L.                     orbital location.              See attached narrative.



Narrative




10


43a. Geographic Service Rule Certification                                                                                    £y A
By selecting A, the undersigned certifies that the applicant is not subject to the geographic service or geographic
coverage requirements specified in 47 C.F.R. Part 25.
                                                                                                                              @ B
By selecting B, the undersigned certifies that the applicant is subject to the geographic service or geographic
coverage requirements specified in 47 C.F.R. Part 25 and will comply with such requirements.
                                                                                                                              © C
By selecting C, the undersigned certifies that the applicant is subject to the geographic service or geographic
coverage requirements specified in 47 C.F.R. Part 25 and will not comply with such requirements because it is not
feasible as a technical matter to do so, or that, while technically feasible, such services would require so many
compromises in satellite design and operation as to make it economically unreasonable. A narrative description
and technical analysis demonstrating this claim are attached.




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 withthis
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.




11


44. Applicant is a (an): (Choose the button next to applicable response.)

 g£4 Individual
 «4 Unincorporated Association
 g3 Partnership
     Corporation
 £3 Governmental Entity
 «34 Other (please specify)




      45. Name of Person Signing                                            46. Title of Person Signing
      Linda Kinney                                                          Vice President — Law and Regulation
        ——>


              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).




12


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@fee.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 orif 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 LaAW 104—13, OCTOBER
1, 1995, 44 U.S,.C. SECTION 3507.




13


                                            Before the
                      FEDERAL COMMUNICATIONS COMMISSION
                                    Washington, D.C. 20554




In the Matter of

ECHOSTAR SATELLITE OPERATING                                  Call Sign: $2741
CORPORATION
                                                              File No. SAT—
Application for Renewal of Authority to
Operate EchoStar 3 at 61.5° W .L.




            APPLICATION FOR RENEWAL OF AUTHORITY TO OPERATE
                          ECHOSTAR 3 AT 61.5° W.L.


               Pursuant to Section 308, 309 and 319 of the Communications Act of 1934, as

amended, 47 U.S.C. §§ 308, 309 and 319, Part 25 of the Commission‘s rules, 47 C.F.R. Part 25,

EchoStar Satellite Operating Corporation ("EchoStar")‘ files this application" to renew its

authority to operate the EchoStar 3 satellite at the 61.5° W.L. orbital location to January 27,

2018


        ‘ EchoStar has recently filed applications for the pro forma assignment and transfer of
control of its DBS license at the 61.5° W.L. orbital location to EchoStar Holding Corporation as
part of a planned corporate restructuring and spin—off. These applications were recently granted,
but have not yet been consummated. See File Nos. SAT—ASG—20071108—00154,
SAT—T/C—20071108—00150; Public Notice, Policy Branch Information — Actions Taken, DA
07—4655 (rel. Nov. 16, 2007). Upon consummation, EchoStar will file a letter under 47 C.F.R.
§1.65 substituting EchoStar Holding Corporation as the applicant on this application.

        * This application qualifies as a minor modification because it proposes no change to
orbital location or authorized frequencies, nor will it increase the potential for interference.
Rather, EchoStar is requesting renewal of its authority to continue to operating EchoStar 3 at
61.5° W.L.

         EchoStar is close to finalizing plans for supplementing and/or replacing EchoStar 3, and
will apply for all necessary authority from the Commission to implement those plans.


               The Commussion originally granted EchoStar authority to operate EchoStar 3 at

61.5° on January 28, 1998 using the even channels between 2 and 22. The instrument of

authorization stated that the term of the license for EchoStar 3 would expire on January 27, 2008.

On September 27, 2007, the Commission granted EchoStar‘s request to assign DBS channels 25

to 32, held by Dominion Video Satellite, Inc. ("Dominion") to EchoStar." In this grant, the

Commission established a new call sign, $2741, which encompasses both the authority

associated with EchoStar 3 at 61.5° W.L. and the Domuinion authority. EchoStar also requests

that the Commission renew EchoStar 3°s authority to operate on channels 25 to 32 at 61.5° W.L.,

to the extent these channels now share the same expiration date as the original grant for the even

channels between 2 and 22.

               Because the original EchoStar 3 license expires on January 27, 2008, EchoStar

hereby requests a renewal of this license to continue to operate EchoStar 3 at 61.5° W.L. for

another ten years to January 27, 2018. EchoStaris currently providing international, high—

definition ("HD") and local programming using the EchoStar 3 satellite at 61.5° W.L.° EchoStar

has provided continuous DBS service fromits various orbital locations since 1996, and is now a

leading multichannel video programming distributor ("MVPD") with over 13.5 million

subscribers.



       * See Letter from Regina M. Keeney, Bureau Chief, Federal Communications
Commussion to Direct Broadcasting Satellite Corporation, 13 FCC Red 10395, DA 98—161 (Jan.
28, 1998).

       ° See Grant, File No. SAT—ASG—20070608—00081.

       ° As the Commission is aware, EchoStar 3 has experienced transponder failures in the
past due to traveling wave tube amplifier ("TWTA") anomalies. See EchoStar Satellite
Operating Corporation, Application for Extension and Modification ofSpecial Temporary
Authority to Operate Direct Broadcast Satellite Service over Channels 23 and 24 at the 61.5° W.L.
Orbital Location, Order and Authorization, 22 FCC Red 2223, at § 4—6 (2007). There have been no
further transponder failures since October 2006, and the satellite itself remains in good health.


               The requested renewal will serve the public interest by enabling EchoStar to

continue providing high—quality DBS services to its customers from the 61.5° W.L. orbital

location. Continued access to the DBS frequencies at 61.5° W.L. is also important to ensure that

EchoStar can continue to provide international, HD and local programming. Indeed, EchoStar‘s

ability to compete in this market would be seriously impaired without the continued ability to

provide service from the 61.5° W.L. orbital location.

               For the foregoing reasons, EchoStar respectfully requests that the Commission

promptly grant this application for a minor modification to extend the expiration date on the

EchoStar 3 license to January 27, 2018.

                                             Respectfully submitted,
                                             EchoStar Satellite Operating Corporation

                                                       Is/
Pantelis Michalopoulos                       Linda Kinney
Petra A. Vorwig                              Vice President, Law and Regulation
Steptoe & Johnson LLP                        Brad Gillen
1330 Connecticut Avenue N.W.                 Director and Senior Corporate Counsel
Washington, D.C. 20036                       EchoStar Satellite Operating Corporation
(202) 429—3000                               1233 20th Street, NW.
Counselfor EchoStar Satellite                Suite 302
Operating Corporation                        Washington, DC 20036—2396
                                             (202) 293—0981


December 12, 2007


                                     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

affiliates of the applicant EchoStar Satellite Operating Corporation (with its affiliates,

"EchoStar") for 22 channels at the 175° W.L. orbital location. See In the Matter ofEchoStar

Satellite Corporation, Directsat Corporation, Direct Broadcasting Satellite Corporation,

Consolidated Requestfor Additional Time to Commence Operation, Memorandura 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; Application for 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 Orderreleased 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, Applicationsfor 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 FisionStar, Inc.,

Application for 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

Commussion‘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 LL.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 of EchoStar 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).


                              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                   50.0%         80.25%
       Chairman and CEO
       EchoStar Communications
        Corporation
       9601 South Meridian Blvd.
       Englewood, CO 80112

       David K. Moskowitz®                 USA                   11.5%         10.11%
       Executive Vice President and
       General Counsel
       9601 South Meridian Blvd.
       Englewood, CO 80112

       Barclays Global Investors, NA       USA                   10.5%         *%
       45 Fremont Street
       San Francisco, CA 94105




       * Less than 1%

       ‘ As of November 9, 2007.

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

        * Includes Class B commonstock 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
       Carl E. Vogel          President and Vice Chairman
       Bernard L. Han         Executive Vice President and Chief Financial Officer
       R. Stanton Dodge       Executive Vice President, General Counsel and Secretary
       Thomas A. Cullen       Executive Vice President, Corporate Development
       Carol J. Kline         Executive Vice President, Operations
       James DeFranco         Executive Vice President
       David J. Rayner        Executive Vice President, Installation and Service Network
       Mark W. Jackson        President, EchoStar Technologies Corporation
       Michael Kelly          Executive Vice President, FSS Business Development
       Stephen Wood           Executive Vice President, Human Resources
       Steven B. Schaver      President, EchoStar International Corporation


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

EchoStar Satellite Operating Corporation

       Executive Officers:
       Charles W. Ergen       President and Chief Executive Officer
       James DeFranco         Executive Vice President
       R. Stanton Dodge       Executive Vice President, General Counsel, Corporate Secretary




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


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



Document Created: 2008-04-03 15:14:03
Document Modified: 2008-04-03 15:14:03

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