Attachment Order

This document pretains to SES-STA-20050218-00199 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2005021800199_439890

Federal Communications Commission ba osuss Before the Federal Communications Commission Washington, D.C. 20554 In the Matters of ) ) EchoStar Satelite LLC ) File No: SAT—STA—20050203—00018 ) Call Sign:S2658 Request For Special Temporary Authority for ) the ) EchoStar 5 Satellite ) ) File No. SES—LFS—20050203—00133 EchoStar Satelite LLC ) Call Sign: 2050020 ) Request for Blanket Authority to Operate ) 1,000,000 Earth Stations to receive DBS ) programming from the Canadian BSS orbital ) stot a 129® W.L. ) ORDER AND AUTHORIZATION Adopted: June 30, 2005 Released: June 30, 2005 By the Deputy Chief, Satellite Division, Intemational Bureau: L INTRODUCTION 1. By this Order, we grant EchoStar Satelite LLC‘s (‘EchoStar") application for Special Temporary Authority ("STA") to relocate its EchoStar 5 satellite from current orbital location of 119° W.Lto the 129° W.L. orbital location.‘ ‘This request is purstiant to an agreement between EchoStar and Ciel Satellite Communications, Inc. (‘Ciel"). We also grant EchoStar‘s request for a blanket authorization for 1,000,000 receive only earth stations, which will be used to provide additional "local—into—local,"" high definition, and other signals to U.S. consumers using the EchoStar 5 satelite.". The EchoStar 5 satellite will operate at the 129° W.L. orbital location ! The term ©129° W L. orbtl location" ause in this Order, refesto the nominl orbitalpostion forthrelevant Canadianfrequency assignment undethInteational Telecommunicaton Union(TTU) Region 2 Plan for BSS and Feeder Link Assignments, as contained in Apperdix 300A of the Radio Regubations, and to any specifie orbtal location wthin thcluter deined by such assignment * The term ‘locainto—local.®as used n thi Order, efi to provision via stelitretransmission of loca elevison broadeastsignls to subscribers who resde in a local tlevsion station‘s marke, whichis defined asa Desigated Market Area,or"DMA®, See 17 US.C. § 1229)(A) > This action is aken pursuant to Section 25.132 of the Commisson‘s Rutes. See 47 CER. § 25.132() (rquiring receive—only Earth stations thatwould operte withnon1. Heensed space stations t request a leense). Any Eath (continaed..

Federal Communications Commission baos—isss pursuant to a Canadian space station authorization issued to Ciel. I. BACKGROUND A«— The Transaction between EchoStar and Ciel 3 The proposed relocation of EchoStar 5 is pursuant to an agreement between EchoStar and Ciel concerning the use of EchoStar 5 at an orbital location assigned to Canada under the TTU Region 2 Plans for the BSS and associated feeder—links.* EchoStar agreed to move the EchoStar 5 satellite to the 129° W.L. orbital location, subject to necessary governmental approvals. The agreement provides EchoStar with an exclusive right to use all of the capacity on the EchoStar 5 satelite at the 129° W.L. orbital location until at least September 30, 2008 Under the agreement, EchoStar may, undercertain circumstances, move the EchoStar 5 satellte to one of its Commission licensed orbitallocations‘, in the event that EchoStar 5 is needed to replace some orall of the capacity of certain EchoStar satellites due to an anomaly or anomalies in EchoStar‘s fleet. Additionally, as provided for in the agreement, operations of the EchoStar 5 satellite may continue for a period of time at the 129° W.L. orbital location, under certain circumstances, including the launch failure of a planned follow—on satellite. That satellite is expected to be Taunched by the end of 2008. 3. ‘The agreement contemplates that, once EchoStar 5 is at the 129° W.L. orbital location, it will be under Cicl‘s direction and control. Telemetry, tracking, and control functions (TT&C functions) will be performed, under Ciel‘s direction, using Earth stations located in the United States and licensed to EchoStar for EchoStar 5‘s entire term of service under the agreement. On February 2, 2005, Industry Canada provided Ciel with an approval in principle to develop and operate a broadcast—satellite space station at t129° WL.orbital location.® B. Procedural History 4. On February 3, 2005, EchoStar filed both its STA request to relocate the EchoStar 5 satellte and its request for a blanket Earth station authorization. On February 4, 2005, EchoStar fileda copy of a preliminary agreement with Ciel and requested that it be withheld from public (.contined from previous page) sttion authoriztionsrequired for ricking, telemety, and command finctions in connection with operations of the EchoSta 5 satlite willb addressed separately * The Plan for the BroadcastngSatlite Service (BSS)in the Band 122—12:7 GHz in Region 2 s contained in Appendix 20 of the TTU Radio Repultions, and th associted Plan for thefeederlinks ithe frequency band 17.3« 178 Oe forthe broodcstingsitlite srvice in Region 2 is conained in Apperdix 308 of the ITU Radio Repulatons. * HichoStar holds icenses t operate steltesprsuantto the U.S. ssignments for the 61.5, 110, 119, 148, and 157° W.L.orbiral ocations underthe TRegion 2 Planfor BSS and Feeder Link Assignments. * EchoSur STA Request at Exhbit 2. Abso available. at hipitategisicaceafpic/nemetinint— qst nstiwap}fcielopdfSFILEFcice t

Federal Communications Commission ba os—isss inspection pursuant to Sections 0.457 and 0.459 of the Commission‘s rules." The Satellite Division issued a Public Notice of EchoStar‘s STA request on March 4, 2005."\ Separately, on April 6, 2005, we issued a Public Notice of EchoStar‘s request for a blanket Earth station authorization." On April 4, 2005, the Bureau sent a letter to EchoStar requesting a definitive agreement and further technical information concemning the EchoStar 5 STA application."" 5. On May 4, 2005, EchoStar submitted a partial response to the Bureau‘s letter®" and on May 11, 2005, EchoStar submitted the remainder of ts response to the Bureau‘s leter along with copy of its definitive agreement with Ciel,requesting confidential reatment for certain portions of the agreement." The Bureau made a follow—up request for additional technical information on May 24, 2005."" EchoStar responded on May 31, 2005." No parties commented on cither the STA or blanket earth station license applications. m DISCUSSION 6. We find that granting the STA and associated blanket earth station authorization is in the public interest. ‘These actions will provide satellite capacity for the provision of additional local— into—local, high definition, and other programming to its. subscribers and. would. further EchoStar‘s plan to provide its local—into—Jocal programming in each market on a single satellite dish pursuant to the Satelite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA)," thereby improving the quality of service to U.S. consumers."*. We discuss below the basis for his conclusion. " 47 CER. § 0457, 049. See EchoarStelite LLC, Request for Blanket Authorty to Operat1000000 Earh Suations to receive DBS programming from the Canadian BSS orbtal lot at 129° W.L. and to conduct Telemetsy. "Tracking and Command Operatios n orderto Relocte Echoar 5 tthis Orbial Location: * Report No. SAT—00275(eleased March 4,2005) * Report No. SES—00701 (released April 6, 2005 " Letter rom Thomas 5. Tyez, Chief, Stelte Divisin, Intermational Bureau,to Pantlis Michalopootos, Counsel for EchoStar,dated Aprl 4 2005,regarding Fle Nos)SAT— SAT—20050203.00018. " Letter rom Panteis Michalopoulos, Counsefor EchoStar to Thomas Tyez, Chie, Satelte Division, dated May 4,2005, File No. SAT—STA—2005020—00018, submitinga partal response and requesting a one week extension of the Bureau‘s deadinefor esponding to ts Aprl 4 2008 leter " Leter from Pantcis Michalopoulas, Counsel for EchoStar to Thomas Tycz, Chicf Satelite Division, Internationl Bureau, dated May 1 1, 2005 File No. SAT—TA—20080203—00018. ® Leter from Thomas S. Tyez, Chi,Sitelite Division, Inermational Buresu regarding File Nos) SATSAT— 20050203—00018, dated May24,2005. "* Leter from Pantelis Michalopoutos, Counsel for Echoar to Thomas Tyez, Chicf Satlite Division, Interational Bureau, dated May 31, 2005, File No. SAT—STA—20050203—00018.. EchoStar requested confidental trcatmentforthattichmentto the esponse leter. 5 47 US.C. § 338 as amended by The Sarelte Home Viewer and Reauthorizaion Act of 2004, Pub L. No. 108— a47, 118S2800,2303 2000 "* EchoStar will continue to be considered a "DBS provide," pursuantto Setion 25.701 of the Commission‘s Rules, 47 CIRR. § 25.701, in comnection with the operitions of the EchoStar sitelite at the 123" WL ocbial location.

Federal Communications Commission ba os—isss 3 DISCO !I Framework. The Commission‘s DISCO II Order adopted a framework under which the Commission would consider requests for non—U.S. licensed satellite systems to serve the United States."" To implement this framework, the Commission, among other things, established a procedure by which a service provider in the United States could request immediate access to a foreign in—orbit satelite that would serve the U.S. market."" This procedure requires the service provider to apply for an earth station license that would list the foreign satellite as an authorized point of communication. Under the DISCO II framework, for direct—to—home services such as those involved in this case, we examine whether there are effective competitive opportunities for U.S. licensed satellites to serve the home market of the non—U.S satellite secking access to the United States. In particular, we examine whether there are de jure or de facto barriers to entry for the provision of analogous service, and whether any such barriers would cause competitive distortions in the United States. These factors are considered together with other public interest considerations to determine whether grant of the request would serve the public interest. 8. DBAC, DirecTV 5, and Comperition Issues. The DISCO 11 framework, as applied in the DBAC and DirecTV 5 cases"" is relevant in this case. In DIRECTV 5, as here, we authorized a U.S. DBS space station operator to move its satellite to a Canadian—authorized orbital position to provide direct—to—home service to the United States._ In finding that authorization to be in the public interest, we relied on the DBAC case. In DBAC, we authorized a U.S. earth station operator to access a Canadian—authorized satelite to provide direct—to—home service to the United States. In finding that authorization to be in the public interest, we first examined whether there were de jure or de facto barriers to entry in the Canadian market for services analogous to the services DBAC was secking authority to provide in the United States. We found that such de jure bartiers do exist. However, we also concluded that there was a compelling public interest justification for authorizing such service in the United States, and that grant of the authorization would enhance, rather than distort or harm, compettion in the United States. Similarly, in DirecTV 5, we concluded that the benefits from grant of DIRECTV‘s proposal were compelling and warranted favorable action. 9. In DBAC, we considered, firs, whether compeitive distortions might result from authorizing DBAC to provide the services proposed. We found that competitive distortions would be likely to result only under a number of conditions: (1) through use of the Canadian satelltes, the Applicant would have access to cost savings, subsidies or quality—enhancing assets not available to other U.S. service providers; (2) those cost savings, subsidies, or quality— "" See Amendment of the Commissions Regulatory Poliies o Allow Nor—U.S. Licensed Satelites Providing Domestic and Interational Servicein the Unied States, Report and Order, 1B Docket No. 96—111, 12 FCC Red 24094 (1997) (DISCO it o DISCO 1t Orden) " See DISCO 11 12 ECC Red at 24174, 4 186. For a more detailed summary of the DISCO II framework,see Amendment of the Commission‘s Repultory Poliies to Allow Nor—U.S—Licensed Space Sutions to Provide Domesticand Interational Satlite Servicein the United States, Fist Order on Reconsideration, 1B Docket No. 96—111, 15 RCC Red 7207, 7209—10,34—5(1999) (DISCO I Pis Reconsideration Order, ® Digial Broadband Applications Corp, Order, 18 FCC Red 9455 (In‘l. Bur. 2003) (DBAO).. DirecTV Enterprises, LLC, Request forSpecil Tempory Authoriy forthe DIRECTVS Satelfte, Order and Authorizerion 19 FCC Red 15520 CBur. 2004 (DirecV3.

Federal Communications Commission wa os—isss enhancing assets would be sufficiently large to enable the Applicant to offer prices and quality of services that would cause some or all of the incumbent U.S. DTH/DBS providers to exit the market; (3) following exit of some or all of the domestic DTH/DBS providers, the Applicant would be able to raise the price of service to U.S. customers; and (4) entry barriers exist such that neither the incumbent U.S. DTH/DBS pmvidmor new U.S. DTH/DBS providers could enter the market, thereby defeating the price increase."" We also noted that competitive distortions related to predatory pricing are a rare phenomenon,in part because of the high risk that they will be unsuccessful."" In this case, as in DIRECTV 5, while this authorization will provide EchoStar with access to quality—enhancing assets, ... stellite capacity for the provision of local—into—Jocal and other services in additional markets in which EchoStar is not currently providing these services, there is no evidence that this access will create a competitive distortion by allowing EchoStar to carry out a predatory strategy. 10. In DBAC, we then considered whether there was a compelling publicinterest justifiation for authorizing service. We found that, since DBAC had not yet entered the markets for DBS or multi—hannel video programming distribution (MVPD) services, authorization of DBAC to provide these services using Canadian satellites would increase comperition in DBS services and in MVPD services generally."" Here, we find that there is a compelling public interest justification for granting EchoStar‘s application because, as EchoStar states in its request, it will facilitate EchoStar‘s efforts to provide. more: local—into—local, high—definition, and other programming, and to transition its "two—dish" markets to one dish for all local television broadcast station signals offered in each market." EchoStar further states that allowing it to provide this additional programming from the 129° W.L. orbital position will enable EchoStar to compete more effectively with established cable operators in the MVPD market."" Finally, grant of this request will allow EchoStar to operate at an orbital location that was not previously available to consumers in the United States."" Inasmuch as there is no competitive distortion associated with this authorization and grant of this authorization will facilitate the increase in provision of local broadcast channel service, we find that the benefits associated with grant of EchoStar‘s proposal are compelling and warrant approval ofthis request. 11. International Coondination/Relationship to DBS Spacing Issues. The ITU Region 2 Plans for the BSS and associated feeder—links includes an assignment to Canada at the 129° W.L. orbital location. There are no co—frequency U.S. BSS assignments within 9 degrees of the 129° W.Lorbital location, and no current BSS operations by any country within 9 degrees ofthe 129° W.L. orbital location. Therefore, operations at the 129° W.L.. orbital location will not disrupt or degrade any currently operating DBS service. ® pBaCat9402,9 16 " ul "u. ®EchaSar 5 STA at 4. "Two—dish" marketsar thos thatrequire the direct: home subscribe to use two satelite dish anternasto receivealllocaltelevision broadcas signas in a market " uh is " taso

Federal Communications Commission a osisss 12. Exchange of Letters with Industry Canada. We have exchanged letters with Industry Canada in order to ensure that there is a mutual understanding regarding the operation of the EchoStar 5 satellite. ‘The understandings, and the factual background for these understandings, are provided as Annex A and are material considerations for the authorization contained in this Order. In general, the exchange of letters indicates that EchoStar 5 space station operations at the 129° W.L. orbital location will be pursuant to authorization of Ciel by Industry Canada. 13. Disposition ofthe EchoStar 5 FCC License. EchoStar 5 will not be operating pursuant to a Commission authorization once it begins operating at the 129° W.L. orbital location. Accordingly, we are terminating the EchoStar 5 license (Call Sign $2658), effective upon EchoStar 5 reaching the 129° W.L. orbital location. IV. CONCLUSION AND ORDERING CLAUSES 14. Based on the foregoing, we find that grant of EchoStar‘s requests will serve the public interest by improving the quality of local—into—local, high definition, and other satellite services to its subscribers. 15. Accordingly, TT IS ORDERED, that the application of EchoStar Satelite LLC File No. SAT—STA—20050203—00018 (Call Sign: $2658) is GRANTED, and EchoStar Satellite LLC is authorized for a period of 60 days to relocate EchoStar 5 from the 119° W.L. orbital location to the 129° W.L orbital location and to conduct space station Telemetry, Tracking and Command communications during the movement ofthe satellite to the 129° W.L. orbitallocation, subject to the following conditions: i.) EchoStar Satellite LLC shall coordinate all drift orbit Telemetry, Tracking, and Control operations with other potentially affected in—orbit operators. ii) During relocation of the EchoStar 5 satellite, EchoStar Satellite LLC‘s operations shall be on a non—harmful interference basis, i. EchoStar Satellte LLC shall not cause interference to, and shall not claim protection. from interference caused to it by, any other lawfully operating satellits. iii) In the event that any harmful interference is caused as a result of EchoStar Satellite LLC‘s operations during the relocation of the EchoStar 5 satellie, EchoStar Satellite LLC, shall cease operations immediately upon notfication of such interference and shall inform the Commission in writing immediately of such an event 16. TT IS FURTHER ORDERED, that, pursuant to Section 25.137 (c) of the Commission‘s rules, the application of EchoStar Satellite LLC, File No. SES—LES—20050203—00133, 18 GRANTED, and EchoStar Satelite LLC IS AUTHORIZED, until December 31, 2008, to use 1,000,000 receive—only Earth stations to receive transmissions in the 12.2—12.7 GHz frequency band from the EchoStar 5 satelite at the 129° W.L. orbital location, which is licensed to Ciel Satelite Communications, Inc. by Industry Canada, consistent with the technical parameters specified in its application, and subject t the following condition: i.) Operations shall be consistent with applicable coordination agreements; to the extent such agreements have not been reached, operations shall be on a non— 6

Federal Communications Commission ba os—use harmful interference basis, ie., operations of the EchoStar 5 satelite shall not cause interference to, and shall not claim protection from, interference caused to t by any other lawfully operating satellites. 17. IT 1S FURTHER ORDERED, that, effective upon the date when the EchoStar 5 satellite reaches the 129° W.L. orbital location, the license for that satellite (Call Sign $2658) 18 TERMINATED. 18. EchoStar Satelite LLC shall inform the Commission, through a letter to the Chicf, Satellite Division, FCC, within five business days following the date on which the EchoStar 5 satelite reaches the 129° W.L. orbital location. 19. EchoStar Satelite LLC is afforded thirty days to decline these authorizations as conditioned. Failure to respond within this period will constitute formal acceptance of the authorizations as conditioned. 20. This Order is issued pursuant to Section 0.261 of the Commission‘s rules, 47 C.ER. § 0.261 and is effective upon release. FEDERAL COMMUNICATIONS COMMISSION A ) ComualiC. //Lmu/ Cassandra C. Thomas Deputy Chie, Satelite Division International Bureau

Federal Communications Commission pa os—isss Annex A Faderal Communications Commission Washington, DC 20554 June21,2008 Ms. ChanalBemumier Direco,Spaceand Intematonal RegultaryAcivites Radiocommunicationand Broadcastng Repulatary Branch Industy Canada 15Floo, 300 SaerSvect Ottswa, Omario,Canada ramocs Re: Operitionofithe EchoSar 5 Space Srion Dear Ms.Beaumien: "This eter is tconim the informal undesiandingsofthe Canadian Department of Industy Ondustry Canada) and the FederalCommunications Commision (PCC) concening cerainestnieal issve involved in theapertion, pursoant t an agreementbetween EcheStar Satelit LLC (EchoStaand CiSaelite CommunicatonsIn. (Cie), ofa Brondensting— Satelite Srvice (B3S)saele known by EchoBar and Cl as EchoSta S. The following explanaton is derived fom the apreement "The Transacton Between EchoStar and Cl EcboSiar cureny operate the Echobtar S satie at the 119° W..ohialloction, subjectto FCCauthorty. Underan apreement betweenKchoStarand Cic. EchoSr grend to move the BchoSa S satlite o the 129° W L. orbial loction,subjectto necessry povemmental approvals.The agreement proviesEchoStar wth an xclusve right o e allof the capaciy on heEchoStar suelite athe129 W.L. ol location uttheinservice te of theCic2 seatthe 129" WLorbital cation, which is xpecte o b i to December 31,2008, Under theayreement, EchoSar may movethe EchoStar S suelit to one of is PCC licensed orbtallections in the event that EctoSa is needad o replace tome orall of the capociy ofcerain EchoStarstelites dve t an anomaly o anomales in EchoSar‘sstelite fles. Additonaly, as provided for in the aprement, prations othe EchoStar S satlite may Te tem123° Wt odia eston." n t t noira i poticn h eleant Conatan feweney anigmen undrte FURason 2 un o BS en Feedw Lk Asipanenso colaned in Appenda 008 orih atl Repainsan i any seorhial caon witin ie ce defed y ch sugnmen

Federal Communications Commission baos—tss8 continu foa periodoftime at the 129" .L. ocbtal ocation under cerain cincumstncessuch as in the event ofa lainchfulareofthe Cio.2 satelite. ‘Theagreement conterplates hat,cace EchoSr isa the 129" W.L. ortitlfocution it wilbe operted under Cit direction and conrol. EchoSlr will perform telemety, tacking. and contralfintions TT&C fontion)unde Cie‘s iecion and contal doring BchoSur$‘s term ofserviceatthe 129° W.L orbial ocaton. On Fabmary 12008, Idusty Canada provided Cel withanapprovalin principle o develop and operae a broadcstteltespace striona he 129" W.L. ortitl location. EchoStar has Aled with the PCC a reques fo Specil Temporiry Authoriztion to move he EchoStar stelte fom it curenly authorized Locatio o the 129° W.L. orbial lcaton and a request o deployearthsution in the Unted Sutes that would reeivesignalsfom EchoBar5, anee heensed by Industey Canada for operition atthe 129° W L. orital ocation. "The agreement equires EchoSia o take tepsnecessaryto comply with US. export contol regilions. Informal Understandings Between Industry Canada and the FCC on certaintechnieat issues concerning operation of EchoSar 5 Itis my understanding that urtwo agencis hav concurre on the fllowing technical issue concerning th opertion of EchoSr 5 1. Atthe 129 W.L.orbtal location, the EchoStar S spceerat will operte subjecto Canadian authorily. Becauthis loction is a Canadian enryto the Region 2 Plan of Apgendix 30 0 ofthe TRacio Regulation, the Canadian adeniinvaton willhave responshlty for compliance wit the TTU Radio Repalaions(ncluding therequirement for censing as specified in Artcle 18 1 ofhe Radio Repubtons,and any appleable agreementseckingprocedure) in connection woperaion ofthe EchoStar stelteat the 129" W.L. orbial lcaton: 2. Any apertion of he EchaStar , other than a the 129" WL. orbtal loction. will be subjecto eersing by the FCC,includingany operionsas aresult ofequipmentfadure in thestelte thatresul in theinabiliyto mainin the stelie wthin40.I degrees o s assigned postonatthe 129" W.L. orbtal ocation. 3. Industry Canads, through he Diestr Spoceand Intemional Repulatory Activites, ance the Canadian lcense hasbeen informed, will rovide th PCC with 4 fou)days advance witen natce (email witconimed rmceipt from the PCCs Chief, Intomational Bureas, Satlfte Divison, willbe considered wffcien) ofany lanned ernination or expirtion of Canadian License forthe EchoStar S selit.

Federal Communications Commission pa os—isss 4. EchoSlars abiliy to use the EchoSa 5 steltein the event offailire ofan EchoSlar satelit, wthn the time fome specified in the EchoStarCie agreement,i a private contactial mater between EchoStarand Cic. 5. Industy Canada wllcondiion the EchoStar 5 Licens o requireCcltmaintain baring cxtstrophi ie ofsatelte componentsth capabilty to de—obit he Echoar 3 spcecrft o n rbiconsitnt wth T Recommendatin S.1003—1, Environmental Protction othe GeosiationarSaelite Orbit "The iformal undestandings set h in hi eterconcemningopentionofh Echoar 5 stelte do notconsutea concurrence by the FCC o the U.S. Adminsiation with any CanadiaAlings wit the TV Radiocormmuniction Burcauatthe 12 ... ocbtaocation under Appendies 30 or 30A ofthe MTU Radio Repulations. 1t is my undersanding thatthe PCC and Indunty Canada wil, separaicls,and as part oheagreementsecking process applicable underthe U Radio Regulations, work in good falth o complete that procesnsofr as necessay,in connection with theoperation ofh BehoStar 5 satlit atthe 129" W.L.orbial location "The FCC has na issud anyofth authoriationsthat would be necessry to provide irectohome serviesto cutamers n the United Sies using the choSta S atllt atthe 129° W.L erial location. The FCC hasreceived bth an applation for Specil Temporary Authority (STA) to reloat he EchoSa S satelte t he 129° WL ocbial loction,and an application foa banke uthorizaion ofErth tation seckingto recevediecto—home iraninsiions in the United Satefrom the EchoStar S satlite t the 129° W.L.oria ocaion. "These aplications will equire sepwrat ation bytheFCC. This exchange of etrsdocs not consitie approval fithr ofheseappliations in the event ofthefilureofan EchaStar satlis,and upon the exersiseby BchoSiar of its contractilightto move the EchoStar 5 satlite, and in the event thatthereare y provisions in Gels Hense from Indusry Canada,orany provisions in he Canadian laws and regultionsgoverning th telesommunictions opertions ofCil that would precude or othersiselint the exrtise of EchoStar‘scontmctualrights wihin thetime fames pecifed in the EchoSiarCiel agreement the PCC would apprciate the apportunty t consult with Industy Canada, riotoany exercie ofsuch censing uthoriy, or apoleation ofsuch law oreyulation by Industy Canada. 1 would apprecit acknowledgement ofthese viewsand expresion ofny views which lndusry Canada may have cancerning the mate discused n this paragaph. Let me also expres the FCC‘swilingness t dscuss his materfurther in th event, ata lier dar, it becomesnecessanto do o. Latl,all noties, inguiresand corespondence from Industy Canada conceruing these matersshould be ireted t he Chiet Srelte Divson,InemationalBurca(Phone number 202.418.0719)(email ThomasTycr Gife.gov, with acopy to KaclRensinger@ifee gov), on the por afthe FCC. The FCC will forwart all naties,inquies, nd corspondence conccning these mati to the Direco, Space and Inerational Repulatory Activites (Phone mumiber 10

Federal Communications Commission paos—1888 613.998.3819)(onailbeaumierchntal@ieg.ca), on thpart ofIndasry Canada.. Pleaeletus kinow ifthis ddesssubsequenty changes 1fhe forepoing corespondsto yourundersandingofh nformal arangements between ourtro agencis conceening th various echnialissueivolve in t operonof EchoSla , please contim by retm lter. Thank you ersls, as 5. Thomas S. Tyez Cc SueliteDivison «s KevinSnyth ceo ie Saelite Corponiion David . Moskowite Exseutive Viee Presdent ind Genera Counnel EchoStor Saelite, LC 11

Federal Communications Commission pa os—isss WB nessceus ntunteet ww dunr on e ourri: ossee— (rormsenaen JUN 22 2005 ThomasS.Tyce Chiet Sulite Division Internional Burens Fodeal Communications Commision Washingon, D.C. 20894 DexrMrTyez: "Thank you fryour eterofJun21, 2005 setingout ourinfmal comman undestandings oncernin cerai echnical issusimolved in the opertion ofa BroadcatingSatlite Sevice (B95)saelte known by Gil Satelite Communieatons c (Cieand choSar Satlite LLC, (EchoSta)as EshoSurs 1 am pleased t providemy confimationofour inormal undertantingsand acknowladgement aft other vews expresed in your loter. Addiionall,ledusty Conadaackmouledgesth, in theventoftermination of the leass agreement owing o thfilir ofa Ehoistelte, EchoSr‘sablty to use theFchStar S satlita an orbtal postion leensed bythe FCC is a privat contactul mater between EchoSarand Cil. Nonethelessshouldthere be ary provisons in Cies ieene, oan provisons in the Canadian laws and regulations governig the elocommunicatons oficht would recludeor athervis imitth exrsiseofEstoSar‘ contmctualighs t tominate the lese and use th satelite witin ttime Famesspecifid in he EchoStarCicl agreemens, he FCC would be informed. t heextent possbl underthe ircumstancesand the law, ofthe exerise ofeensing authorty, or appleaion of law or repuation byIndusty Canada. «4 Canad# 12

Federal Communications Commission paos—ises «4+ COneeayain, 1 want o expess my approcaion frthsupport your administation is giving t hiskin ocommerialaangementto icthe deliveryofimportant and valsble satlit service in our respectve counties Showdly, .ecaramen Charta Besumier Directos Space andIntermtional Repplatoy Acivties : Kevin Smyth,Ciel Sateite Communications 13


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Document Modified: 2005-06-30 14:28:53
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