Attachment EchoStar -Grant Dec

EchoStar -Grant Dec

DECISION submitted by IB,FCC

gr

2010-12-02

This document pretains to SAT-MOD-20100720-00164 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2010072000164_854777

rmoneemneunctmos emnvernrnmenmoz tz 182010002285 filk# SMT—Mop— 20]006720—d016!‘ $2232 SAT—MOD—20100720—00164 EchoStar Corporation EchoStar 6 Call Sign $2222 GrantDate _2 /82/10 (or other identifier) Term Dates s Approved by OMB 3060—0678 From ©8/t/f0 To:w Date & Time Filed: Jul 20 2010 3:07:19:860PM Internati u_L | Approved: File Number: SAT—MOD—20100720—00164 * uwih condifions Stéphey 3. Duall Chief, Satellite Polics Rranch 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 Authority to Renew EchoStar 6 Authority and to Extend Authority to Operate at 61.65 W.L. 1—8. Legal Name of Applicant Name: EchoStar Corporation Phone Number: 303—723—1000 DBA Fax Number: Name: Street: 100 Inverness Terrace East E—Mail: City: Englewood State: cCO Country: USA Zipcode: 80112 — Attention: Alison Minea —(202) 293—1216

Attachment to Grant IBFS File No. SAT—MOD—20100720—00164 Call Sign $2232 December 2, 2010 The application filed by EchoStar Corporation (EchoStar) to extend the license term for its Direct Broadcast Satellite service space station, EchoStar 6 (Call Sign $2232) is granted. Accordingly, the license term for EchoStar 6 is extended an additional four years, to August 11, 2014, in accordance with the application, this Attachment, Federal Communications Commission rules, and subject to the following conditions: 1. EchoStar will continue to operate the EchoStar 6 space station at the 61.65° W.L. orbital location subject to the conditions established in the prior authorization granted on July 2, 2010. See IBFS File No. SAT—A/O—20100203—00019. EchoStar is afforded thirty days from the release of this grant and authorization to decline this authorization as conditioned. Failure to respond within this period will constitute acceptance of this authorization as conditioned. This authority is granted pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective immediately. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission‘s rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken. }_ Tile# SBt— mob—20100"7 20— colb CallSign 52232 GmntDath (or other identifiet) f Term Dates From o€/i\ ho To: cgs/1 /IL{ | 1///[/;%/7 J/"L‘/ ,,{Q/)(MJ/ nal 1 u_{ Approved: f‘}{c\)&\;f(\ J. Duall 4+ with conditions Cnef, Setellite Policy Branch

9—16. Name of Contact Representative Name: Pantelis Michalopoulos Phone Number: 202—429—6494 Company: Steptoe & Johnson LLP Fax Number: Street: 1330 Connecticut Ave., NW E—Mail: pmichalopoulos@steptoe.com 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. 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 {4 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 {4 b13. Amendment to a Pending Database Entry Application C b14. Modification of Database Entry

17¢. 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). C Governmental Entity C Noncommercial educational licensee ¢&, Other(please explain): No fee required for minor modifications. 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: $2232 SATA/O2010020300019

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 d. Earth Exploration Satellite E] e. Direct to Home Fixed Satellite [:I £. Digital Audio Radio Service E g. Other (please specify) Direct Broadcast Satellite 21. STATUS: Choose the button next to the applicable status. Choose _ 122. If earth station applicant, check all that apply. only one. D Using U.S. licensed satellites q73 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: J Connected to a Public Switched Network fad 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. &y a. Fixed Earth Station 3 b. Temporary—Fixed Earth Station 3 c 12/14 GHz VSAT Network C3 d. Mobile Earth Station & e Geostationary Space Station £3 f. Non—Geostationary Space Station {4 g. Other (please specify) 26. TYPE OF EARTH STATION FACILITY: y Transmit/Receive q3 Transmit—Only C 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 I:I 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 «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 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? ; Yes @ No 30. Is the applicant an alien or the representative of an alien? o Y° & No G N/A 31. Is the applicant a corporation organized under the laws of any foreign government? y Yes & No 4 N/A 32. Is the applicant a corporation of which more than one—fifth of the capital stockis owned of record or voted by 3 Yes @® No q4 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? e RC @ 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 y 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 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, O 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 C 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 g4 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, {4 Yes @, No answer 42b and attach an exhibit providing the information specified in 47 C.ER. 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 Corporation files this application to renew its authority to operate the EchoStar 6 satellite for an additional ten years until August 11, 2020, and to extend its authority to operate at 61.65 W.L. for a co—extensive period. Please see attached narrative. Narrative 10

43a. Geographic Service Rule Certification C 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. 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 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. 11

44. Applicant is a (an): (Choose the button next to applicable response.) C Individual gy Unincorporated Association «y Partnership ¢y Corporation ¢y Governmental Entity Cp Other (please specify) 45. Name of Person Signing > 46. Title of Person Signing Alison Minea Corporate 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). 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 PRA@fec.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 sponsorthis 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. 13

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) In the Matter of: ) ) EchoStar Corporation ) ) Call Signs: S2232 Application for Renewal of Authority to ) Operate EchoStar 6 ) File No. SAT—MOD—20100720— ) and ) ) Application to Extend Authority to Operate ) EchoStar 6 at 61.65° W.L. ) ) APPLICATION FOR RENEWAL AND EXTENSION OF AUTHORITY Pursuant to Sections 308 and 309 of the Communications Act of 1934, 47 U.S.C. §§ 308, 309, and Part 25 of the Commissions Rules, 47 C.F.R. Part 25, EchoStar Corporation ‘("EchoStar") files this application‘ to renew its authority to operate its EchoStar 6 satellite until August 11, 2020, and to extend its authority to operate the satellite at 61.65° W.L. R Background On May 19, 1999, MCI Telecommunications Corporation was granted authority to assign its authorization to construct, launch and operate a DBS system using 28 channels at ‘ 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 operating its current satellite and an extension of its previously granted authority to operate at 61.65° W.L. Stamp Grant, File No. SAT—A/O—20100203—00019 (granted July 2, 2010) ("61.65° W.L.Grant‘).

110° W.L.* to EchoStar‘s predecessor, EchoStar 110 Corp.4 EchoStar was initially authorized to operate its satellites EchoStar 5 and 6 at that location." Subsequently, EchoStar received authority to launch and operate EchoStar 6 at the 119.05° W.L. orbital location.® The satellite was launched in July 2000, and, since that time, it has played an integral role in EchoStar‘s service offering and has allowed EchoStar to maximize its licensed spectrum and leverage spectrum available from foreign DBS orbital locations. For example, from the end of 2008 until Fébruary 2010, EchoStar 6 was providing service into the U.S. as a Canadian—licensed satellite at 72.7° W.L. pending the launch of Telesat Canada‘s Nimiq 5 satellite.‘ Around the time Nimiq 5 was brougfit into service, EchoStar‘s EchoStar 3 satellite suffered a Traveling Wave Tube Amplifier anomaly threatening its ability to provide a sufficient level of service from the nominal 61.5° W.L. orbital location. EchoStar was able to quickly respond to this event by redeploying EchoStar 6 to 61.65° W.L. to provide supplemental service in the event EchoStar 3 suffered further technical problems.* Such redeployment was timely as * MCI Telecommunications Corporation, Application for Authority to Construct, Launch and Operate a Direct Broadcast Satellite System at 110 ° W.L., Order, DA 96—2165, 12 FCC Red. 12538 (1996). * Application ofMCI Telecommunications Corp., Assignor, and EchoStar 110 Corp., Assignee, Order and Authorization, FCC 99—109, 16 FCC Red. 21608 (1999) ("MCI/EchoStar 110 Order‘). ° Application ofMCI Telecommunications Corp. for Modification ofDirect Broadcast Satellite Authorization, Memorandum Opinion and Order, DA 99—1125, 14 FCC Red. 9966 (1999); see also MCI/EchoStar 110 Order. ° EchoStar Satellite Corporation Application for Authority to Make Minor Modifications to Direct Broadcast Satellite Authorizations, Launch and Operation Authority, Memorandum Opinion and Order, DA 00—2382, 15 FCC Red. 23636 (2000). ‘ Stamp Grant, File No. SAT—STA—20080512—00103 (granted July 2, 2008). 8 See 61.65°W.L.Grant.

EchoStar 3 suffered an additional anomaly in early May, leading EchoStar to activate the EchoStar 6 communications payload." As a result, EchoStar 6 is currently operating over certain channels licensed to EchoStar at the nominal 61.5° W.L. orbital location. As noted in its application for authority to operate EchoStar 6 at that location, EchoStar plans to relocate the satellite to another orbital location, pursuant to separate Commission authorization, once its EchoStar 15 satellite becomes fully operational."" II. The Requested Renewal and Extension of Authorization Is in the Public Interest While the original order granting MCI auythority to operate at 110° W.L. does not identify a specific license expiration date, Section 25.121(d) of the Commission‘s rules in effect at the time EchoStar 6 was launched established a term of ten years for DBS satellites beginning at 3 am EST on the date that the licensee certified the satellite had been successfully placed into orbit. 47 C.F.R. §25.121(d) (1999). Additionally, the Bureau indicated in the 61.65 °W.L. Grant that the term of the EchoStar 6 satellite expires on August 11, 2010, ten years after the satellite was launched."‘ Therefore, EchoStar requests a renewal‘ of its authority to operate EchoStar 6 for an additional ten years to August 11, 2020. Because the 61.65 °W.L. Grant will also éxpire at the end of the satellite‘s ten—year term, EchoStar requests that the grant be extended for a period co—extensive with the satellite term. The requested renewal will serve the public interest by enabling EchoStar to continue providing high—quality DBS services to its customers from the EchoStar 6 satellite. It ° See Letter to Marlene H. Dortch, Secretary, FCC, from Petra Vorwig, Counsel for EchoStar Corporation (May 3, 2010), fi/ed in File Nos. SAT—STA—20100401—00062, SAT—STA— 20100203—00020. EchoStar 15 was successfully launched on July 10, 2010. " 61.65°W.L.Grant at § 4.

will also ensure EchoStar can maintainthe flexibility it needs to redeploy its satellite fleet to provide international, HD and local—into—local programming to subscribers. Additionally, EchoStar 6‘s continued operations at 61.65° W.L. will protect consumers from a potenfial loss ofservice resulting from the anomalies suffered by EchoStar 3. Because EchoStar 15 has not yet been brought into service, it is crucial that EchoStar retain the ability to provide service over EchoStar 6 at 61.65° W.L. III. Conclusion For the foregoing reasons, EchoStarrespectfully requests that the Commission grant this application to renew its authority to operate the EchoStar 6 satellite to August 11, 2020, and to extend its authority to operate the satellite at 61.65° W.L. for a co—extensive term. Respectfully submitted, EchoStar Corporation Is/ Pantelis Michalopoulos Alison Minea Petra A. Vorwig Corporate Counsel Steptoe & Johnson LLP EchoStar Corporation 1330 Connecticut Avenue N.W. 1110 Vermont Avenue NW, Suite 750 Washington, D.C. 20036 Washington, DC 20005 (202) 429—3000 (202) 293—1216 Counselfor EchoStar Corporation July 20, 2010

STEPTOE &JOHNSON w A T TORNEYS AT L aw Pantelis Michalopoutos 1330 Connecticut Avenue, NW 202.429.6494 Washington, DC 20036—1795 pmichalo@steptoe.com Tel 202429.3000 Fax 2024293902 steptoe.com REDACTED — FOR PUBLIC INSPECTION September 27, 2010 Via HAND DELIVERY Stephen Duall Policy Branch, Satellite Division International Bureau Federal Communications Commission. 445 12th Street, SW Washington, DC 20554 Re: Supplemental Information, Application for Renewal and Extension of Authority to Operate EchoStar 6 at 61,65° W.L., File No. SAT—MOD—20100720—00164, Call Sign S$2232 Dear Mr. Duall: With respect to the above—referenced satellite renewal application, EchoStar Corporation ("EchoStar"), through counsel, provides the following information regarding the continuing capabilities of the EchoStar 6 satellite. EchoStar 6 was launched in July 2000 with an original useful life of 12 years. Based on predicted remaining life and continued on—orbit spare operations at 61.5°, [ J Based on fuel measurement methods that include Pressure—Temperature—Volume ("PVT"), Bookkeeping, Propellant Gauging System —("PGS") and Propellant Depletion Gauge ("PDG") checks, [ I If you have any other questions regarding the EchoStar 6 satellite and the above— referenced renewal application. Please address any questions to the undersigned. WASHINGTON + NEW YORK « CHICAGO + PHOENIX «+ LOS ANGELES e CENTURY CITY + LONDON + BRUSSELS

REDACTED —FOR PUBLIC INSPECTION Stephen Duall September 27, 2010 Page 2 Respectfully submitted, Isl Pantelis Michalopoulos Christopher Bjornson STEPTOE & JOHNSON LLP 1330 Connecticut Avenue, NW Washington, D.C. 20036 (202) 429—3000 Counselfor EchoStar Corporation ceo: Andrea Kelly — International Bureau

STEPTOE &JOHNSON w ATTORNEYS aAT LAaY Pantelis Michalopoulos 1330 Connecticut Avenue, NW 202.429.6494 c Washington, DC 20036—1795 pmichalo@steptoe.com Tel 2024293000 Fax 202.429.3902 steptoe.com October 21, 2010 Stephen Duall Policy Branch, Satellite Division International Bureau Federal Communications Commission 445 12th Street, SW Washington, D.C. 20554 Re: Supplement to Application for Renewal and Extension of Authority to Operate EchoStar 6 at 61.65° W.L., File No. SAT—MOD—20100720—00164, Call Sign $2232 Dear Mr. Duall: With respect to the above—referenced renewal application for the EchoStar 6 satellite, EchoStar Corporation ("EchoStar"), through counsel, clarifies that it is applying to extend the authority for EchoStar 6 until August 2014, consistent with current estimated fuel consumption, our current business plans, and other considerations. If you have any other questions regarding the above—referenced renewal application, please contact the undersigned. Respectfully submitted, Is/ Pantelis Michalopoulos Christopher Bjornson L. Lisa Sandoval STEPTOE & JOHNSON LLP 1330 Connecticut Avenue, NW Washington, D.C. 20036 (202) 429—3000 Counselfor EchoStar Corporation co: Andrea Kelly — International Bureau WASHINGTON + NEW YORK * CHICAGO «+ PHOENIX «+ LOS ANGELES + CENTURY CITY + LONDON + BRUGSSELS


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Document Modified: 2019-04-15 00:16:26
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