Attachment Question 36

This document pretains to SES-MFS-20130905-00778 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2013090500778_1010182

RESPONSE TO QUESTION 36 In a letter dated May 27, 2009, the Satellite Division of the International Bureau (“IB”) returned the application of EchoStar Corporation (along with its subsidiaries, including EchoStar Broadcasting Corporation, “EchoStar”) to operate a geostationary C-band satellite at the nominal 85° W.L. orbital location as unacceptable for filing, without prejudice to refiling. See Letter from Robert G. Nelson, Chief, Satellite Division, to Pantelis Michalopoulos, Counsel for EchoStar Corporation, DA 09-1149 (rel. May 27, 2009). On July 29, 2010, the IB dismissed EchoStar’s application to construct, launch, and operate a C-band satellite at the 84.9º W.L. orbital location. EchoStar Corporation, Application to Operate a C-Band Geostationary Satellite Orbit Satellite in the Fixed-Satellite Service at the 84.9º W.L. Orbital Location, Memorandum Opinion and Order, DA 10-1401 (rel. July 29, 2010). On July 26, 2011, the IB declared null and void EchoStar’s authorization to construct, launch, and operate a new Direct Broadcast Satellite at 86.5º W.L. for failure to meet the critical design review milestone, and rejected EchoStar’s request to modify its 86.5º W.L. authorization to allow the in-orbit EchoStar 8 satellite to provide service from that orbital location. See EchoStar Corporation, Certifications of Milestone Compliance, Memorandum Opinion and Order, DA 11-1251 (rel. July 26, 2011). EchoStar has filed a petition for reconsideration of the IB’s decision, which is still pending. See EchoStar Satellite Operating Corporation, Petition for Reconsideration, File Nos. SAT-LOA-2003-0609-00113, SAT-MOD-2081229-00239, SAT- MOD-20101124-00244, SAT-AMD-20110330-00065 (filed Aug. 25, 2011). In letters dated July 16, 2013, the Satellite Division dismissed EchoStar’s applications to add the DBSD G-1 satellite (Call Sign S2651) operating at the 92.85° W.L. orbital location as a point of communication for two of its earth stations as defective without prejudice to refiling. See Letter from Paul E. Blais, Chief, Systems Analysis Branch, Satellite Division, to Alison Minea, Corporate Counsel, EchoStar Broadcasting Corporation, DA 13-1580 (July 16, 2013); Letter from Paul E. Blais, Chief, Systems Analysis Branch, Satellite Division, to Alison Minea, Corporate Counsel, EchoStar Broadcasting Corporation, DA 13-1581 (July 16, 2013).


Document Created: 2013-09-04 09:31:10
Document Modified: 2013-09-04 09:31:10
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