Attachment EchoStar - Comm ltr

This document pretains to SAT-MOD-20101124-00244 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2010112400244_861048

                                             Federal Communications Commission
                                                       Washington, DC 20554


International Bureau
                                                         January 13, 2011

             Pantelis Michalopoulos
             Steptoe & Johnson LLP
             1330 Connecticut Avenue, NW
             Washington, DC 20036

             Re:       EchoStar Corporation
                       IBFS File No. SAT—LOA—20030609—00113
                       Call Sign 82454
                       IBFS File No. SAT—MOD—20101124—00244
                       Call Signs $2439 and $2454

             Dear Mr. Michalopoulos:

             This letter requests additional information concerning the above—referenced application
             filed in 2010 by EchoStar Corporation (EchoStar).

             On November 29, 2006, the International Bureau authorized EchoStar Satellite L.L.C.
             (EchoStar) to construct a new Direct Broadcast Satellite (DBS) service satellite to be
             located at the 86.5° W.L. orbital location, which EchoStar named "EchoStar—86.5 W
             (Call Sign $2454). The license requires EchoStarto enter into a binding non—contingent
             contract to construct the satellite by November 29, 2007, to complete critical design
             review (CDR) by November 29, 2008, to complete construction of the first satellite in its
             system by November 29, 2010, and to operate the satellite by November 29, 2012.‘
             Failure to comply with these express terms of the license may result in its cancellation."

             On November 29, 2007, you submitted a copy of the satellite construction contract
             EchoStar executed with Space Systems/Loral. In a letter accompanying that submission,
             you noted that the scheduled delivery date of the satellite was November 29, 2010. On
             December 1, 2008, you submitted CDR documentation and a certification of completion
             of CDR. On December 29, 2008, EchoStar filed a modification application to revise the
             antenna coverage pattern of this satellite and to revise the orbital debris mitigation plan.

             On November 24, 2010, EchoStar filed the above—captioned modification application. In
             the application, EchoStar proposes to move the EchoStar 8 satellite (Call Sign $2439),
             which currently operates at the 77° W.L. orbital location pursuant to a Mexican license,

             ‘ EchoStar Satellite L.L.C., Application to Construct, Launch, and Operate a Direct Broadcast Satellite at
             the 86.5° W.L. Orbital Location, Order and Authorization, 21 FCC Red 14045 (2006) (EchoStar 86.5 WL
             Order).

             > See 47 C.F.R. § 25.148(b); Compass Systems, Inc. Application for Review of EchoStar Satellite
             Corporation Assignment of Direct Broadcast Satellite Orbital Position and Channels, Memorandum
             Opinion and Order, 19 ECC Red. 10078, 10081 n. 24 (2004).


into the 86.5° W.L. orbital location after launch of a Mexican satellite later this year. In
the application, EchoStar also asks the Commission to rule that operating EchoStar 8 at
86.5 W.L. satisfies EchoStar‘s milestones.

In order to facilitate consideration of your request and disposition of the records
associated with Call Sign $2454, we seek additional information concerning construction
of the EchoStar—86.5W satellite.

     Please state the status of construction of the EchoStar—86.5 W satellite. Are
     EchoStar and Space Systems/Loral continuing to construct the new satellite?

     If construction is not continuing, on what date did construction halt? Has
     EchoStar negotiated with Space Systems/Loral, or any other manufacturer, to
     resume, at a later date, construction of a satellite designed to operate at the 86.5°
     W.L. orbital location, or to otherwise dispose of any purchased or fabricated
     EchoStar—86.5 W hardware?

     If construction is continuing, what payments have been made pursuant to the
     satellite construction contract submitted on November 29, 20072 Please
     identify —— with specific reference to the payment plan in Attachment A to the
     contract —— which contract milestone event(s) were completed and what
     payments were made.

     If the construction contract was amended after a confidential copy of it was
     submitted to the Commission on November 29, 2007, please submit a complete
     copy of the current version of the contract, and a listing of the items that
     changed between the version previously submitted and the current version.

EchoStar‘s response must be filed with the Secretary of the Commission no later than 30
calendar days from the date of this letter, with a courtesy copy to Mark Young of my
                                                                                             3
staff. Failure to respond by the specified date may result in dismissal of this application.
Please contact Mr. Young at (202) 418—0762 if you have any questions.

                                               Sincerely,


                                               Robert G. Nelson
                                               Chief, Satellite Division




345 C.F.R. §§ 25.111(a) and 25.112(c).



Document Created: 2019-04-09 03:01:44
Document Modified: 2019-04-09 03:01:44

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