Attachment grant

grant

DECISION submitted by FCC,IB

grant

2005-07-06

This document pretains to SAT-STA-20050701-00142 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2005070100142_440461

                                                      sn          onreLmnan
                                                      EchoStarSateit e G smiani w       en             Approved by OMB
                                                      EchoStar 4                                             3060—0678

Date & Time Filed: Jul 1 2005 12:10:20:720PM
File Number: SAT—$TA—20050701—00142
Callsign:
                                            FEDERAL COMMUNICATIONS CoMMISSION
                                 APPLICATION FoR SPACE STATION SPECIAL TEMPORARY AUTHORITY
                                                     roR OFFICIAL USE Onty

     APPLICANT INFORMATION
Enter a description of this application to identify it on the main menu:
 30 Day TA to Stop EchoStar 4 at 77 W.L. and Operate There Pursuantto U.S. Authority
    1. Applicant

               Name:        EchoStar SateliteL L C      Phone Number:                   303—723—1000
               DBA Name:                                Fax Number:                     anr—rz3—1600
               Street:   9601 South Meridian Blvd.      E—Mai:

               City:        Englewood                   State:                          co
               Country:      USA                        Zipeode:                        sone      —
               Attention:   David K Moskowitz


                                                                   SAT ~STA~2.0080—701= 001¥ 2..
                                                                    satal              July 6, 2005

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                                      ArrACHMENT
                 Conditions ofAuthorization: SAT—STA—20050701—00142
                                      Call Sign: S2621
                                  Grant Date: July 6, 2005
EchoStar Satelite, LLC‘s request, File No. SAT—STA—200500701—00142, 1 GRANTED and
EchoStar Satelite LLC (‘EchoStar") 18 AUTHORIZED to conduct Tracking, Telemetry, and
Command (TT&C) necessary to remove the EchoStar 4 stelite from its current dif orbit, as
authorized by SAT—$TA—20050614—00124, and to place the satelite t the 77° W.L. orbital
location. EchoStar IS ALSO AUTHORIZED to operate at the 77° W.L. orbital location
These authorizations shallbe subject to th following conditions:
         1. During the drift to the 77° W.L. orbitallocation, EchoStar shall not operate the
main communications payload on EchoStar 4.
        2.. EchoStar shall coordinate ts TT&C operations during the drift to the 77° WL.
orbital location with existing geostationary satelites to ensure that no. unacceptable
interference results from its TT&C operations
         3. During the driof the satelite to the 77° W.L. orbital location, no harmful
interference shall be caused by the EchoStar 4 satelite to any other lawfully operating
satelftes or radiocommunication systems. Operations ofthe EchoStar 4 satelfite shall cease
immediately upon notifation of such interference and. EchoStar shall inform. the
Commission in writing immediately of such an event
        4.. During the driftof the satellite to the 77° W.L. orbital location, EchoStar 4 is
required to accept interference from any otherlawully operating satelite.
        5.. Atthe 77° W.L. orbiallocation, Echostar shall operate soas not to exceed, under
any conditions, and taking into account all variations in satelite attitide, the parameters
specified in Aftachment A of the Leter, dated May 10, 2005, from Pantelis Michalopoulos to
the Secretary, FCC.
         6. All operations at the 77° WL. orbital location shall be on a nor—harmful
interference basis, ie EchoStar Satelite LLC shall not cause harmful interference to, and
shall not claim protection from interference caused to it by, any other lawfully operating
satelltes.
        7. In the event of any harmfal nterference as a result of EchoStar‘s operations at the
77° W.L. orbitallocation, KchoStar shall cease operations immediately upon notifiation of
such interference and shallinform the FCC, in wrting,immediately ofsuch an event.


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        8. EchoStar shall inform its customers that operations at the 77° W.L. orbital
location are on a non—harmful interference basis and that EchoStar must cease operations
upon notifation ofsuch interference.
         9.. EchoStar shall maintain full operational control of the EchoStar 4 satelite at all
times.
           10. This authorization is issued on the express understanding that, to the extent
 EchoStar, pursuant to its agreement with SES Latin America, a private company, and its
affliated companies, will conform its operations to any parameters agreed to in coordination
agreements between the Administration of Mexico and other Adminisrations, responsibility
for both compliance with and enforcing compliance with those agreements is a matter which
would arise under private w
          11. This authorization is issued with the understanding that this grant is not an
approval of any specific agreement entered into by EchoStar, its subsidiaries, and afifates,
nor of any specific provision of anysuch agreement, concerning operation ofthe EchoStar 4
satelfte, nor it an approval of an agreement conceming any related mattr, nor of any
specific provision of any such agreement concerning any related mattr.
          12. In connection with the provision of servicein any particular country, EchoStar is
obliged to comply with the applicable laws, regultions, rules, and licensing procedures of
that country
          13. This authorization is issued with the understanding that the United States remains
the licensing administration of the EchoStar 4 satelitefor purposes of ITU Radio Regulation
18.1 unless and until the FCC expressly approves a transfer of responsibility to another
Hicensing administation, and that operations of the EchoStar 4 satelite while the FCC
remains the censing administration are pursuant to TTU Radio Regulation 4.4.
          14. This authorization is ssued with the understanding that with respect t ts flings
with the ITU for the 77° W.L. orbital location, the Administration of Mexico is not acting
pursuant to Artile9 ofthe Radio Regulations on behalfofthe United States Administration:
          15. This authorization is ssued with the understanding thatthis grant does not in any
way express a view concerming, or agreement as to,the validity or lack of validty of any TU
filing at or within the vicinity othe 77° W.L. orbital location.
        16. EchoStar shall prepare and submit to the Federal Communications Commission;
within fifeen days following grant othis authorization, materials for submission to the ITU,
pursuant to Article 84 of the Radio Regulations, in connection with the aperations of the
EchoStar spacecraft atthe 77° W.L. orbital location
         17. Grant ofthis authorization does not convey to EchoStar any authority to operate a
replacement satelite atthe 77° W.L. orbital location or any prionty in the United States
stellite Hieensing process relatve to applications for authority to operate a. regularly
authorized satelite athis orbitalposition.
        18. Grant ofthis authority is without prejudice to action on EchoStar‘s June 8, 2005
Periion for Reconsideration of the Echostar Satelite, LLC, Memorandum Opinion and
Order, DA 05—1S81 (rel. June 3, 2005),_ Further, grant of this authorization does not
consitute an authorization pursuant to Section 25.161(c) ofthe Rules, concerming automatic
termination ofliense.


2. Contact

             Name:        Pantelis Michalopoutos           Phone Number:                     202—429—6494
             Companys     Steptoe & Johnson LLP            Fax Number:                       202—420—3002
             Street:      1330 Connectiont Ave, N.W.       E—Mail:                           pmichalo@steptoc.com

             City:        Washington                        State:                            pe
             Country:      USA                              Zipeode:                         20036       =1795
             Attention:                                     Relationship:                    Legal Counsel

    (F your application s related to an application filed with the Commission, enter thefile number below.)
    3. Reference File Number
    40. s a Tee submited with this applicaton?
 @ 1f¥es, complete and atach FCC Form 159. IfNo,indicate reason for fee exemption (see 47 C.ER.Section 1.1114)
 > Governmental Entity gy Noncommercialeducationalliensee
 g> Otherfplease explain}
(ib. Fee Classifcation CRY — Space Suation (Geostaionary)
5. Type Request

 o Chinge Station Location                         o Extend Expiration
                                                               o Date                       e Other
6. Temporary Orbit Location                                          7. Requested Extended Expiration Date
        TWE


8: Description —(If the complete description does not appear in this bon, please go o the end of the form to view t in is entircly)
     ee attached narrative application.




9. By checking Yes, the undersizned certfis that neithr applicant nor any other partyt the appliation is subject @ Yes                @y No
to a denial ofFederal benefts that includes FCC benefits pursuant to Section 5301 of e Anti~Drug Act of 1988,
21 U.S.C. Section 862, because ofa conviction for possession ordistibution of a controlled substance. See 47 CFR
 1,2002(b)fo the meaning of &quotparty to the application" forthese purposes.

10. Name of Person Signing                                                11. Ti of Person Signing
David K. Moskowite                                                        Executive VicePresident and General Counsel
12. Please supply any need atachments
   Atlachment 1: Application                       Atachment 2                                     Atachment 3:

           WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR TMPRISONWMENT
                  (U.S. Code, Tile 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION
                   (U.S. Code, Tite 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Tile 47, Section 503).


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Document Created: 2005-07-08 11:00:48
Document Modified: 2005-07-08 11:00:48

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