Attachment letter

letter

LETTER submitted by IB, FCC

letter

2005-04-13

This document pretains to SAT-STA-20050321-00068 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2005032100068_427738

Federal Communications Commission Washington, DC 20554 International Bureau April 13,2005 Mr. Pantelis Michalopoulos Steptoe & Johnson LLP 1330 Connecticut Avenue Washington, DC 20036- 1795 Re: EchoStar Satellite L.L.C. Application for Special Temporary Authority To Conduct Telemetry, Tracking and Command Operations During the Relocation of EchoStar 4 to 77” W.L. File Number: SAT-STA-2005032 1-00068 Dear Mr. Michalopoulos, On March 21,2005, on behalf of EchoStar Satellite L.L.C. (Echostar), you filed the above- referenced application requesting Special Temporary Authority (STA) to move the EchoStar 4 satellite from its assigned orbital position of 157” W.L. to the 77” W.L. orbital position. The application states that, at the new location, EchoStar 5 will operate under a Mexican license issued to QuetzSat, S. De R.L de C.V. (QuetzSat). As part of this application EchoStar supplied a copy of an agreement between itseli and SES Global Latin America, S.A. (SES) regarding 77” W.L. BSS frequencies. This agreement contemplates future “additional agreements” between EchoStar and SES and between these two parties and SES’s “local Mexican concessionaire,” QuetzSat. Also as part of this application, EchoStar suppliel a copy, in Spanish, of QuetzSat’s authorization from the Mexican Secretariat of Communications and Transportation (SCT) to operate at the 77” W.L. orbital position. Because the requested STA would effectively result in a transfer of the licensing jurisdiction for the EchoStar 4 satellite, a careful review of the terms and conditions of the arrangements involved is in order. In light of the objectives of the parties to the agreement, and in order to permit completion of the necessary review, we are requesting, pursuant to Section 25.11 l(a) of the Commission’s rules, that EchoStar submit additional information concerning the relevant arrangements, in the form of any and a1 additional agreements between EchoStar and SES, and between either or both of these parties and QuetzSat, translated into English if necessary, within 30 days. Failure to provide such agreements withi that time period will result in dismissal of the STA request as premature, and without prejudice to its re- filing upon execution of these agreements. We also request the following additional information: 1. An English translation of QuetzSat’s authorization from SCT dated February 2,2005, to operate at the 77” W.L. orbital position. 2. An explanation of whether EchoStar requires any approvals in addition to the QuetzSat authorization, particularly with respect to operation of the Echostar 4 satellite and associated ground

stations. The information submitted should also address whether QuetzSat's authorization from SCT, or any additional authorizations, are intended to be sufficient to make Mexico the licensing administration for EchoStar 4 pursuant to Article 18 of the ITU Radio Regulations.' 3. A technical assessment of the operability of the EchoStar 4 satellite, including any bus, payload, thermal control, fuel systems or solar array failures that have occurred; and a discussion of the unused fuel reserves on the satellite, the impact of those failures on the consumption of fuel by the satellite, and the projected life expectancy of the satellite. 4. A description of the arrangements for disposition of the satellite upon termination of the contract, or upon any event which results in removal of the satellite from the 77" W.L. orbital location. 5. Plan for post-mission disposal of the EchoStar 4 satellite. 6. An indication of what, if any, actions EchoStar intends to take with respect to its current authorization at 157" W.L. in light of the requirements of Section 25.161(c) of the Commission's rules. Please provide the requested information by May 13, 2005. Failure to respond will subject the application to dismissal pursuant to Sections 25.1 12(c) and 25.152(b) of the Commission's rules. Please hand-deliver or email courtesy copies of any filing made in response to this letter to Karl Kensinger (Karl.Kensinger@fcc.gov) and Jay Whaley (Jay.WhaleY@fcc.rr;ov)of my staff. Sincerely, \. f Thomas S. Tycz Chief Satellite Division 'ITU RR 18. I . No transmitting station may be established or operated by a private person or by any other enterprise with a license issued in an appropriate form and in conformity with the provisions of these Regulations t or on behalf of the government of the country to which the station in question is subject (however, see Nos. 18.2, 18.8 and 18.11.) 2


Document Created: 2005-04-14 10:53:19
Document Modified: 2005-04-14 10:53:19
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