Attachment GRANT

GRANT

DECISION submitted by FCC,IB

GRANT

2005-08-05

This document pretains to SAT-STA-20050803-00157 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2005080300157_447692

Approved by OMB s0c0—0578 Date & Time Filed: Aug 32005 7:04:53:123PM File Number: SAT—STA—20050803—00157 Calsim: S2 G2\ FEDERALCoMMUNICATIONS COMMISSION Appucamion For srace sTarion sPECiAL TEMPoRARY AUTHORITY ror orFIcrAL use otx APPLICANT INFORMATION Enter a description ofthis application to identify t on the main menu: Extension of SAT—STA—20050701—00142 1. Applicant Name: EchoStar Satellte LLC. Phone Number: an—723—1000 DBA Name: Fax Number: am—7z3—1609 Streets 9601 South Meridian Blvd. E—Mail: City: Englewood State: co Countrys USA Zipeode: son2 — Attention: David K Moskowite

ATTACHMENT Conditions of Authorization: SAT—STA—20050803—00157 Call Sign: S2621 Grant Date: August 5, 2005 EchoStar Satellite, LLC‘s request, File No. SAT—$TA—20050803—00157, 18 GRANTED and EchoStar Satellite LLC ("EchoStar®) IS AUTHORIZED to continue to conduct Tracking, Telemetry, and Command (TT&C) necessary to maintain the EchoStar 4 satellite at the 77° W.L. orbital location." EchoStar 18 ALSO AUTHORIZED to continue to operate at the 77° W.L. orbital lcation." This authorization is subject to the following conditions: 1. At the 77° W.L. orbital location, Echostar shall operate so as not to exceed, under any conditions, and taking into account all variations in satelite attitude, the parameters specified in Attachment A of the Letter, dated May 10, 2005, from Pantelis Michalopoulos to the Secretary, roc. 2.. All operations at the 77° W.L. orbital location shall be on a non—harmful interference basis, £e., EchoStar Satellite LLC shall not cause harmful interference to, and shall not claim protection from interference caused to it by, any other lawully operating satelltes or radio communication service. 3.. In the event oany harmful interference as a result of EchoStar‘s operations atthe 77° W.L. orbital location, EchoStar shall cease operations immediately upon notification of such interference and shall inform the FCC, in writing, immediately of such an event. 4.. 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 notification of such interference. 5.. EchoStar shall maintain full operational control of the EchoStar 4 satellite atall times. 6.. 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 affiliated companies, will conform its operations to any parameters agreed to in coordination agreements between the Administration of Mexico and other Administrations, responsibility. for. both compliance with and enforcing compliance with those agreements is a matter which would arise under private law. 7. This authorization is issued with the understanding that this grant is not an approval of any specific agreement entered into by EchoStar, ts subsidiaries, and affiliates, nor of any specific provision of any such agreement, concering operation of the EchoStar 4 satellte, nor is it an approval of an agreement conceming any related matter, nor of any specific provision of ‘ On July 6 2005, the Stelie Division granted SAT—STA—20050701—00142. See Publc Notic, Report No. SAT— 00306 ret Jly , 2005) "u

any such agreement conceming any related matter. 8. In connection with the provision of service in any particular country, EchoStar is obliged to comply with the applicable laws, regulations, rules, and licensing procedures of that country. 9. This authorization is issued with the understanding that the United States remains the Hicensing administration of the EchoStar 4 satellite for purposes of ITU Radio Regulation 18.1 unless and until the FOC expressly approves a transfer of responsibility to another licensing administration, and that operations of the EchoStar 4. satelite while the FCC remains the Hicensing administration are pursuant to ITU Radio Regulation 4.4. 10. This authorization is issued with the understanding that with respect toits filings with the ITU for the 77° W.L. orbital location, the Administration of Mexicois not acting pursuant to Article 9 of the Radio Regulations on behalf of the United States Administration. 11. This authorization is issued with the understanding that this grant does not in any way express a view concerning, or agreement as to, the validity or lack ofvalidity ofany ITU filingat or within the vicinity of the 77° W.L. orbitallocation. 12. Grant of this authorization does not convey to EchoStar any authority to operate a replacement satelite at the 77° W.L. orbital location or any priority in the United States satellite Hicensing process relative to applications for authority to operate a regularly authorized satellite at this orbital position: 13. Grant of this authority is without prejudice to action on EchoStar‘s STA request, File No. SAT—$AT—20050321—00068 (Call Sign $2621), EchoStar‘s License Modification Application, File No. SAT—MOD—20050513—00103 (Call Sign $2621), or EchoStar‘s application for Modification of an Earth Station authorization, SES—MFS—20050527—00662 (Call Sign £020306). Further, grant of this authorization does not constitute an authorization pursuant to Section 25.161(c) ofthe Rules, conceming automatic termination oflcense. nee G@T—ST8— 2005 0%03-00\57 $2Glmume_*/5fos ". BOde Rcwd‘) Km«)\% W%‘%—UQ

2. Coner Name: Pantelis Michalopoulos Phone Number: an—a2—6004 Companys Steptoe & Jobnson LLP Fax Number: aor—420—3002 Streets 1330Connecticut Ave, NIW. E—Mils pmichalo@steptoc.com Cig: Washington Stat pe County: USA Zipeode: aoose —179s Attention: Relationship: Legal Counsel (If your aplicationisrelated toan application filed with the Commisson,enter thefle nmber below.) 3. Reference File Number SATSTA2005070100142 ‘a. is a fee submited withthis applicaton? @ 1¥es, complete and atach PCForm 159. IfNo,indicate reas n forfee exemption (e 47 C.ER.Section 111149 & Governmental wity y Noncommercialeducational censee g Othertplease explai) h. Fee Clas ation 5: Type Request @ Chinge Station Location @ Extend Expiration Date & Oher 6. Temporary Orbit Location 7. Requested Extended Expiraion Dare Tw 2005—09—0% 00:00:00.0

8: Descripton _1 the complete descripton does not appearin thi bon, please goto the end of heform to view i in is entreg) se attached narrative. 9. By checking Yes, the undersigned certifiesthat nether applicant norany ther party totheapplication is subject @ Yes oN to a denial of Federalbenefis that nclides FCC benefis pursuant to Section 5301 of the Anti—Drug Act of 1988, 21 U.S.C. Setion $62, because oa comviction for possession odistbution of a contriled substance. See 47 CFR 1—2002(b) forthe mearing of Aquotparty to the applicationd:quotforthese purposes. 10. Name of Person Signing 11. Tite oPerson Signing [David K. Mostowite [Executive ice President and General Counsel 12. Plcase supply any need atachments. Atachment 1 Naraive Atachment 2: Avachment 3: wiLLEUL FALSE STATEMENTS MADE ON Thls FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (US. Code, Te 18,Secion 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Te 47, Section 312(a)(1), AND/OR FORFETTURE (U.S. Code, Ti 47, Setion 503).

Fce Nomick REQUIRED By TiE rAPERWORK REDUCTION AcT ‘The publicreporting for thiscollecton o information is estimated to average 2 hours per response, includingthe time for reviewing instructions, searching existin data sources, gathering and maintaining therequired data. and compleing and reviewing the collction of information. If you have any comments on this brden estimate,or how we can improve th collction and reduce the brdeit causes you please write t the Federal Communications Commission, AMD—PERM, Papervork Reduction Project (3060—0678), Washington, DC 2054. We will also accept your commentsregardingthe Paperork Reduction Act aspectsofthis collection via theIntemet if you send them to boley@fee.gov. PLEASE bo NoT sEND CoMPLETED FoRMs To THls AppRESs Rememmber = You are norequired trespand to a collectionoinformation sponsored by the Federal government,and the rovernment may not condact or sponsor this calletion, unless it displays a curently valid OMB contrl number or if we filto provide you with this natce. "This collection has been assigned an OMB control number of 3060—0678. TiE FoREGOING NOTICE Is REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 10+—13, OCTORER 1, 1998, 44 Us.C. SECTION aswr.

Before the FEDERAL COMMUNICATIONS CoMmMISSION Washington, D.C. 20554 In the Matter of EcnoSrar Sareture LLC. File No. SAT—STA—20050701—00142 File No. SAT—STA— Application for Extension of Special i: Temporary Authority to Operate the EchoStar 4 Call Sign: S2621 Satellitatthe 77° W.L. Orbital Location Pursuant to U.S. Authority O_% ExpepiTED CoNsipeRaTION REQUESTED APPLICATION Pursuant to Section 309 of the Communications Act of 1934, as amended, 47 U.S.C. § 309, and Part 25 of the Commission‘s Rules, 47 C.F.R. Part 25, EchoStar Satellite L.L.C. (*BchoStar®) hercby requests an extension of the term of the above—captioned STA for another 30 days to September 4,2005. In support othis Application, EchoStar submitsthe following: 1. GRANT or TiE REQUESTED EXTENSION IS IN THE PUBLIC INTEREST On July 6, 2005, the Intermational Bureau (*Bureau") granted EchoStar an STA to move the EchoStar 4 satellite tothe 77° W.L. orbitallocation and to operate at that location, subject to a number of conditions, for a thirty day period." EchoStar requests an extension of the current ‘ See Stamp Grant, SAT—STA—20050701—00142 (granted July 6, 2005) (‘STA"). The EchoSta4 satelite reached the 77° W.L. orbitallocation and commenced operations on July 9, 2005. See Letter rom Pantelis Michalopoulos, Counsel for EchoStar to Marlene H. Dortch, Seeretary, FCC (July 11, 2005). Duto pointing difficultics, the stellite was initlly operated at that location in conformance with the EIRP contours submitted to the Bureau on July 1, 2005. See Supplement No. 2 to Petition for Reconsideration at Attachment C,/lled in File Nos. SAT— $TA—20050321—00068, SAT—MOD—20050813—00103, SES—MFS—20050527—00662 (hiled July 1, 2005). No reports of harmfuliterference have been received by EchoStar as a result of such (Continued ...)

STA for another 30 days up to September 4, 2005, pending the Bureau‘s consideration of EchoStar‘s recently reinstated requestto transfer lcensing responsibility for the EchoStar 4 satellteat 77° W.L. from the United States to Mexico.® The Bureau has already found that it would serve the public interestto authorize EchoStar to move the EchoStar 4 satelite t the 77° W . orbital location and to operate temporarily from that location at its own risk, pending action on EchoStar‘s reconsideration petiton. An extension of this STA for another 30 days will allow the Bureau to complete is review and analysis of EchoStar‘s recently reinstated application and would similarly serve the public interest 11. waIVER PURSUANT—TO SECTION 304 OF THE ACT In accordance with Section 304 ofthe Communications Act of 1934, as amended, 47 U.S.C. § 304, EchoStar hereby waives any claim to the use of any particular frequency or ofthe electromagnctic specttum as against the regulatory power of the United States because of the previous use ofthe same, whether by license or otherwise. operation and t should be noted that, as described in footnote 7 of the July 1 submission, the EchoStar 4 EIRP levels over the US and Canada are within those of the 1996 Mexican modification tothe Region 2 BSS Plans. EchoStar has since resolved the satelite pointing diffcultiesthrough the use ofa gimbaled antenna on EchoStar 4 and the satellite has since been operating in conformance with the EIRP contours referenced in Condiion 5 of the STA " See In the Mater ofEchoStar Satellte L L C., Applicationfor Special Temporary Authority to Conduct Telemetr, Tracking and Command Operations during the Relocation of EchoStar 4 to the 77° WL. Orbital Location; Applicationfor Modification ofDirect Broadeast Sarellte Authorization to Permit Long—Term Cessation ofOperations on Three DBS Channels at the 157° WL Orbital Location: Applicationfor Modifcation ofEarth Station Authorization to wdd the EchoStar 4 Satelite at 77° WL as a PointofCommunication, DA 05—1581 (rl. Jun.3, 2008) (‘Vune 3 Order®), pet. for recon. granted in part, DA 05—2067 (rel. Yul. 25, 2005) (einstating the applications denied and dismissed under the Jume 3 Order). See also Public Notiee, Report No. SAT—0031 1 (rel. Jul 27, 2005)(placing reinstated satelite applications on public notice); Public Notice, Report No. SES—0073¢ (rel. Ju. 27, 2005) (placing reinstated carth station application on public notice).

111. coNCLUstoN For tforegoing reasons, EchoStar respectfully requests the expeditious grant of he requested extension of the above—captioned STA to operate EchoStar 4 at 77° W.L. pursuant to U.S. authority. Respectfully submitted, is‘ Pantelis Michalopoulos David K. Moskowitz Philip L. Malet Exceutive Vice President & General Counsel Brendan Kasper EchoStar Satelite LL.C. sTEPToR & JOHNSON LLP 9601 South Meridian Boulevard 1330 Connecticut Avenue, N.W. Englewood, CO 80112 Washington, D.C. 20036 (303) 723—1000 (202) 420—3000 Counselfor EchoStar Satellite L.L.C August 3, 2008


Document Created: 2005-08-05 17:27:15
Document Modified: 2005-08-05 17:27:15
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC