Attachment Q36

This document pretains to SES-ASG-20140605-00451 for Assignment on a Satellite Earth Station filing.

IBFS_SESASG2014060500451_1049499

                               RESPONSE TO QUESTION 36

       In a Memorandum Opinion and Order released May 16, 2002, the Satellite Division of

the International Bureau cancelled two conditional construction permits held by affiliates of

DISH Network Corporation (with its affiliates, “DISH”) for 22 channels at the 175º W.L. orbital

location. See EchoStar Satellite Corporation, Directsat Corporation, Direct Broadcasting

Satellite Corporation, Consolidated Request for Additional Time to Commence Operation,

Memorandum Opinion and Order, DA 02-1164 (rel. May 16, 2002).

       By an Order released July 1, 2002, the International Bureau cancelled DISH’s license for

a Ka-band satellite system and dismissed a related modification application filed by DISH. See

EchoStar Satellite Corporation; Application for Authority to Construct, Launch, and Operate a

Ka-band Satellite System in the Fixed-Satellite Service, Memorandum Opinion and Order, DA

02-1534 (rel. July 1, 2002). On November 8, 2002, the International Bureau reinstated DISH’s

license for a Ka-band system as well as the related modification application. See EchoStar

Satellite Corporation; Application for Authority to Construct, Launch, and Operate a Ka-band

Satellite System in the Fixed-Satellite Service, Memorandum Opinion and Order, DA 02-3085

(rel. Nov. 8, 2002).

       In a Memorandum Opinion and Order released April 29, 2004, the International Bureau

denied, in part, four applications filed by DISH to operate GSO FSS satellites using the Ka

and/or Extended Ku-bands at the 83º W.L., 105º W.L, 113º W.L, and 121º W.L orbital locations.

See EchoStar Satellite LLC, Applications for Authority to Construct, Launch, and Operate

Geostationary Satellites in the Fixed-Satellite Service Using the Ka and/or Extended Ku Bands at

the 83º W.L., 105º W.L, 113º W.L, and 121º W.L orbital locations, Memorandum Opinion and

Order, DA 04-1167 (rel. Apr. 29, 2004). DISH’s petition for reconsideration of this decision

was denied. See EchoStar Satellite LLC, Petition for Reconsideration, Applications for


Authority to Construct, Launch, and Operate Geostationary Satellites in the Fixed-Satellite

Service Using the Ka and/or Extended Ku Bands at the 83º W.L., 105º W.L, 113º W.L, and 121º

W.L orbital locations, Memorandum Opinion and Order, DA 06-865 (rel. Apr. 14, 2006).

       In a Memorandum Opinion and Order released August 3, 2004, the International Bureau

declared null and void the space station authorization held by VisionStar, a DISH affiliate, for

use of the Ka-band at the 113º W.L. orbital location. See VisionStar, Inc., Application for

Modification of Authority to Construct, Launch and Operate a Ka-Band Satellite System in the

Fixed Satellite Service, Memorandum Opinion and Order, DA 04-2449 (rel. Aug. 3, 2004).

       By letter dated May 19, 2005, the Satellite Division of the International Bureau denied

DISH’s applications for a Fleet Management Modification and for a Special Temporary

Authority to move the EchoStar 4 satellite to 61.5° W.L., pending the Commission’s

consideration of another DISH request to move the satellite to 77° W.L., on the grounds that the

purpose of the proposed fleet management modification was not consistent with the purposes of

the Commission’s rules and that there were no extraordinary circumstances for the grant of

temporary authority. See Letter from Thomas S. Tycz, Chief, Satellite Division, International

Bureau, FCC to Pantelis Michalopoulos, Counsel to EchoStar Satellite L.L.C., DA 05-1405

(May 19, 2005).

       In a Memorandum Opinion and Order released June 3, 2005, the International Bureau

denied DISH’s application for a Special Temporary Authority to move the EchoStar 4 satellite to

77° W.L. on the grounds that DISH had failed to establish extraordinary circumstances for the

grant of such authority. See EchoStar Satellite L.L.C., Application for Special Temporary

Authority to Conduct Telemetry, Tracking and Command Operations During the Relocation of

EchoStar 4 to the 77° W.L. Orbital Location, Memorandum Opinion and Order, DA 05-1581




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(rel. Jun. 3, 2005). However, the International Bureau later granted partial reconsideration of

this order and then granted DISH’s request to move the satellite to 77º W.L. where it would

operate pursuant to Mexican authority. See EchoStar Satellite L.L.C., Application for Special

Temporary Authority to Conduct Telemetry, Tracking and Command Operations During the

Relocation of EchoStar 4 to the 77° W.L. Orbital Location, Order on Reconsideration, DA 05-

2067 (rel. Jul. 25, 2005); EchoStar Satellite L.L.C., Application for Special Temporary Authority

to Conduct Telemetry, Tracking and Command Operations During the Relocation of EchoStar 4

to the 77° W.L. Orbital Location, Order and Authorization, DA 06-868 (rel. Apr. 18, 2006).

       By Memorandum Opinion and Order released May 31, 2012, the International Bureau

denied DISH’s request to suspend operations on Direct Broadcast Service (“DBS”) channels at

the 148º W.L. location in August 2009 and denied DISH’s request that the Commission hold its

decision in abeyance until 90 days after the launch of EchoStar 16. The Commission further

stated that it will make DBS channels 1-32 at the 148º W.L. orbital location available for

reassignment when the Commission lists the freeze for filing new DBS applications. See DISH

Operating L.L.C. Application to Suspend Operations at the 148º W.L. Orbital Location,

Memorandum Opinion and Order, DA 12-859 (rel. May 31, 2012).




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Document Created: 2014-06-05 21:13:42
Document Modified: 2014-06-05 21:13:42

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