Attachment request

request

REQUEST submitted by FCC,IB

request

2005-04-04

This document pretains to SAT-STA-20050203-00018 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2005020300018_426222

Federal Communications Commission Washington, DC 20554 Apal4, 2008 M Pantelis Michalopoutos Steptoe & Johnson LLP 1330 Connectiont Avente Washington, DC 20036—1795 Re: EchoStar Satelite LLC. Application for Special Temporary Authority To Move EchoStar 5 to 129° W.L. and To Conduct Telemeny, Tracking and Command Operations During the Relocation to this Orbital Location. File Number: STA—STA—20050203—00018 Dear Mr. Michalopoulos, On Febrmary 3, 2005, on behalf of EchoStar Satelite L.LC. (EchoStar), you fled the above— referenced application requesting Special Temporary Authority (STA)to move the EchoStar 5 satellte from ts assigned orbital position of 119° W.L. to the 129° W.L. orbital position. ‘The application states that,atthe new location, EchoStar S will operate under a Canadian license ssued to Ciel Stellte Communications, Ic.(CieD and will be used to provide DBS service to the U.S. As part of this application EchoStar supplied a copy of an agreement between tselfand Cicl. This agreement contemplates future "Definitive Agreements" and a future "TT&C Agreement." The contact contemplatesthat these agreements would be entered into by EchoStar and Cicl only after having received a grant of EchoStar‘s requested STA from the FCC. Because the requested STA would effectively resultin a trnsfer ofthe Hcensing jurisdction for the EchoStar S satelite, a careful eview of the terms and conditions of the arangements involved is in order. In ight of the objectives ofthe parties to the agreement, and in order to permit completion of such a review consistent with those objectives, we are requesting, pursuant to Section 25.11 1(2 of he Commission‘s rules, that EchoStar submit additional nformation concerning the relovant arrangements, in the form of defiitve agreements, and a fnal TT&C Agreement, within 30 days. Failure to provide such agreements withinthattime period willresult in dismissa ofthe STA request as premature, and without prejudicetitsre—filing upon execution of definiive agreements. We also request the following additional information: 1. A technical assessment of the operability of the EchoStar 5 satellie, ncluding any bus or payload failires that have aecurred, and a discussion of the unused fuel reserves on the satelite,the impact of those failures on the consumption of fuel by t satelte, and the projected life expectancy of the satelite 2. A description of the arrangements for disposition of th satelite upon termination of the contrac, or upon any event which resuts in removal othe satelite from the 129° Worbial location.

3. Plan for post—missiondisposal of the EchoStar satelite. Please provide the requested information by May 4, 2005. Failure to espond wl subject the application t dismissalpursuant to Sections 25.112(c) and 25.152(b) of the Commission‘srules. Please hand.deliver or email courtesy copies ofany fling made in response to thisleter to Karl Kensinger (Karl Kensinger@fec.gov) and Jay Whaley (lay.Whaley@fcc.gov) of my staff. Sincerely, Thomas S. Tyez Chier Satelite Division


Document Created: 2005-04-04 15:48:25
Document Modified: 2005-04-04 15:48:25
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