Attachment Narrative

This document pretains to SES-STA-20130502-00368 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2013050200368_995205

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 File No. SES-STA-___________ In the Matter of Call Sign E070014 ECHOSTAR BROADCASTING File No. SES-STA-___________ CORPORATION Call Sign E080007 Application for 60-day Special File No. SES-STA-___________ Temporary Authority to Relocate the Call Sign E980005 EchoStar 15 Satellite to, and Operate It at, the Nominal 45º W.L. Orbital File No. SES-STA-___________ Location Call Sign E020248 File No. SES-STA-___________ Call Sign E080120 APPLICATION FOR SPECIAL TEMPORARY AUTHORITY EchoStar Broadcasting Corporation (“EchoStar Broadcasting,” and with its affiliates, “EchoStar”) requests 60-day special temporary authority (“STA”), pursuant to Section 25.120(b)(4) of the Commission’s Rules,1 to use five of its earth stations (Call Signs E070014, E080007, E980005, E020248, and E08120) to provide telemetry, tracking, and control (“TT&C”) during the relocation of the EchoStar 15 Broadcasting-Satellite Service (“BSS”) satellite to the nominal 45º W.L. orbital location and to perform TT&C and feeder link operations with the satellite at that location.2 1 47 C.F.R. § 25.120(b)(4). 2 EchoStar Broadcasting requests STA to use all frequencies currently authorized for each earth station. See Call Sign E070014, File No. SES-MFS-20120815-00748 (granted Feb. 27, 2013); Call Sign E080007, File Nos. SES-MFS-20110419-00464, SES-AFS-20120214-00170 (granted Feb. 28, 2012); Call Sign E980005, File No. SES-MFS-20120815-00749 (granted Feb. 27, 2013); Call Sign E020248, File No. SES-MOD-20120815-00750 (granted Dec. 28, 2012); Call Sign E080120, File No. SES-MFS-20121203-01052 (granted Mar. 28, 2013). Should the Commission decide that a 30-day STA is more appropriate in these circumstances, EchoStar will

I. OVERVIEW In late 2012, the Commission authorized EchoStar to relocate EchoStar 15 to, and operate it at, 44.9º W.L.3 Today, EchoStar filed its notice as required by the relocation STA for that move that it has successfully transferred all traffic from EchoStar 15 to EchoStar 16.4 Accordingly, EchoStar holds today the authority, once it receives appropriate earth station authority, to commence EchoStar 15’s move to, and operations at, the 45º W.L. cluster. Out of an abundance of caution, in addition to its requests for earth station STA, EchoStar submits today a request for satellite STA to allow relocation to the 45.1° W.L. orbital location instead of the 44.9° W.L. location as originally requested and granted. Because our permanent operations are now intended to take place at the 45.1º W.L. orbital location, our operational preference is to position EchoStar 15, our interim satellite, at that orbital location.5 As the Commission is aware, HNS Americas Comunicações Ltda. (“HNSA”), a wholly owned, indirect subsidiary of EchoStar Corporation, ESOC’s ultimate parent company, holds an accept a 30-day STA in lieu of the requested 60-day authorization. Concurrent with this request, EchoStar is also submitting a satellite STA request for relocation to, and initial operations at, the 45.1º W.L. orbital location. EchoStar will also soon file to modify the permanent authorizations for EchoStar 15 and these earth stations to permit ongoing operations at the 45.1° W.L. orbital location. 3 See Stamp Grant, File No. SAT-STA-20121022-00185 (granted Nov. 19, 2012) (authorizing relocation to 44.9° W.L. pursuant to STA); Stamp Grant, File No. SAT-MOD-20120814-00130 (granted Dec. 13, 2012) (authorizing operations at 44.9° W.L.). 4 Stamp Grant, File No. SAT-STA-20121022-00185 Condition 10 (granted Nov. 19, 2012) (providing a start date for the STA corresponding to the date that the transfer of all traffic from EchoStar 15 to EchoStar 16 is complete). To continue to provide system redundancy at the 61.5° W.L. orbital location, EchoStar will file an application seeking authority to move the EchoStar 8 satellite to the 61.5° W.L. cluster and to operate it there as an in-orbit spare. 5 As the Commission is aware, EchoStar cannot operate at the 45.0º W.L. orbital location due to an existing Fixed Satellite Service space station at that location. -2-

authorization to provide BSS services to Brazil from the nominal 45º W.L. orbital location.6 EchoStar has coordinated with Agência Nacional de Telecomunicações (“Anatel”), which represents the administration of Brazil, on the precise location of operations within the cluster and has submitted to Anatel materials for an ITU filing for the 45.1° W.L. operations.7 Since the 45.1º W.L. orbital location is the preferred operating location for EchoStar’s Brazilian BSS service operation, EchoStar requests that it be granted an STA to move EchoStar 15 to, and operate from, this location. II. THIS REQUEST IS IN THE PUBLIC INTEREST, IS CONSISTENT WITH PAST PRECEDENT, AND WILL NOT CAUSE HARMFUL INTERFERENCE The Commission has a long-standing policy of granting STAs where such an authorization will serve the public interest, convenience, and necessity, and will not cause harmful interference.8 The requested relocation of EchoStar 15 meets both of these tests. It has long been the Commission’s policy that the public interest is generally furthered by leaving fleet management decisions to satellite operators. As the International Bureau has explained: [T]he Commission attempts, when possible, to leave spacecraft design decisions to the space station licensee because the licensee is in a better position to determine how to tailor its system to meet the particular needs of its customers. Consequently the Commission will generally grant a licensee’s request to modify its 6 A certified translation of the Brazilian authorization is attached. See Exhibit 1, Term of Right of Exploitation at 2 (referencing “45° W”). 7 Grant of the requested satellite STA would be without prejudice to the Commission’s potential action on EchoStar’s outstanding application to launch and operate a Fixed Satellite Service (“FSS”) satellite at the 45.1° W.L. orbital location. See File No. SAT-LOA-20120921-00152 (filed Sept. 21, 2012). 8 See, e.g., Columbia Communications Corp., Order, 11 FCC Rcd. 8639, 8640 (1996); Newcomb Communications, Inc., Order and Authorization, 8 FCC Rcd. 3631, 3633 (1993); American Telephone & Telegraph Co., Order, 8 FCC Rcd. 8742 (1993). -3-

system, provided there are no compelling countervailing public interest considerations.9 As a result, the Commission has routinely authorized “satellite operators to rearrange satellites in their fleet to reflect business and customer considerations where no public interest factors are adversely affected.”10 This includes permitting fleet reconfigurations designed to meet demands for capacity outside the United States.11 Grant of this application is in the public interest for the same reasons that grant of the original STAs to relocate the EchoStar 15 satellite to the nominal 45° W.L. orbital location were in the public interest. Grant of this application will enable an American company to leverage its resources to expand its service offering to Brazil. Further, grant of this application provides a new potential avenue for U.S. programming to reach an audience in Brazil, a significant South American market. Similarly, there are no countervailing public interest considerations. No customers will be negatively affected by the relocation, as the customers previously serviced by EchoStar 15 have been transferred to EchoStar 16. Nor will grant cause harmful interference to any authorized user of the spectrum. During EchoStar 15’s relocation to, and operations at, the nominal 45º W.L. orbital location, EchoStar will follow standard industry practices for 9 AMSC Subsidiary Corp., Order and Authorization, 13 FCC Rcd. 12316, 12318 ¶ 8 (1998). 10 See SES Americom, Inc., Order and Authorization, 21 FCC Rcd. 3430, 3433 ¶ 8 (2006) (citing Amendment of the Commission’s Space Station Licensing Rules and Policies, Second Report and Order, 18 FCC Rcd. 12507, 12509 ¶ 7 (2003)). 11 See EchoStar Satellite Operating Corp., Stamp Grant, File No. SAT-MOD-20120814-00130 (granted Dec. 13, 2012) (granting modification of the authorization for EchoStar 15 to provide service to Brazil); Intelsat License LLC, Stamp Grant, File No. SAT-MOD-20110420-00073 (granted Mar. 3, 2012) (granting modification of the authorization for the Galaxy 26 satellite to provide service to the Middle East pursuant to a Turkish ITU filing); SES Americom, Inc., Stamp Grant, File No. SAT-MOD-20111025-00209 (granted Feb. 24, 2012) (granting modification of the authorization for AMC-2 to provide service exclusively into Sweden pursuant to a Swedish ITU filing); Intelsat North America LLC, Stamp Grant, File No. SAT-T/C-20100112-00009 (granted July 30, 2010); PanAmSat Licensee Corp., Stamp Grant, File No. SAT-MOD- 20080225-00051 (granted July 22, 2008). -4-

coordination of TT&C and feeder link transmissions to ensure that operations do not cause harmful interference to any nearby satellite and will abide by the operational parameters set forth below. III. OPERATIONAL PARAMETERS During relocation maneuvers of EchoStar 15 to the nominal 45º W.L. orbital location, all transponders other than the TT&C transponders will be switched off, and EchoStar will operate the satellite subject to the following conditions: 1. EchoStar shall coordinate all drift operations with other potentially affected in- orbit operators. 2. Drift operations shall be on a non-harmful interference basis, meaning that EchoStar shall not cause harmful interference to, and shall not claim protection from, harmful interference caused to it by any other lawfully operating satellites. 3. In the event that any harmful interference is caused as a result of relocation operations, EchoStar shall cease operations immediately upon notification of such interference and shall inform the Commission immediately, in writing, of such event. While EchoStar 15 is stationed at the nominal 45º W.L. orbital location, EchoStar will operate the satellite in accordance with the following conditions: 1. Operations shall be on a non-harmful interference basis, meaning that EchoStar shall not cause harmful interference to, and shall not claim protection from, harmful interference caused to it by any other lawfully operating satellites operating within the parameters of applicable international coordination agreements. 2. In the event that any harmful interference is caused while the satellite is operating at the nominal 45º W.L. orbital location, EchoStar shall cease operations immediately upon notification of such interference and shall inform the Commission immediately, in writing, of such event. IV. WAIVER PURSUANT TO SECTION 304 OF THE ACT In accordance with Section 304 of the Communications Act of 1934, as amended, 47 U.S.C. § 304, EchoStar hereby waives any claim to the use of any particular frequency or use -5-

of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise. V. CONCLUSION For the foregoing reasons, EchoStar respectfully requests grant of the 60-day STA beginning on May 8, 2013, so that it can immediately begin the relocation of EchoStar 15 to the nominal 45° W.L. orbital location. Respectfully submitted, /s/ Pantelis Michalopoulos Stephanie A. Roy Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, D.C. 20036 (202) 429-3000 Counsel for EchoStar Broadcasting Corporation May 2, 2013 -6-

EXHIBIT 1 TERM OF RIGHT OF EXPLORATION

" CARLOS ALBERTO FEllREIRA DO AMARAL JUNIOR Tradutor Publico e Interprete Comercial Ingles Matriculado na Junta Comercial do Estado de Sao Paulo sob nO 1863 CPF 135.584.188-75 - RG 18.605.711-8 SSP/SP - CCM 4.215 .987-3 - INSS 18087669008 LlVRO N° 003 FOLHA 244 TRADUCAO N° 276 I, Carlos Alberto Ferreira do Amaral Junior, Public Translator and Commercial Interpreter, enrolled with the Board of Trade of the State of Sao Paulo under No. 1863, in compliance with my duty, translated from Portuguese into English, to the best of my knowledge, a document entitled "Term of Exploration Right PVSSISPV No. 15712012", as follows: TERM OF EXPLORATION RIGHT PVSS/SPV No. 157/2012 EXPLORATION RIGHT OF BRAZILIAN SATELLITE HNS AMERICAS COMUNICA<;OES LTDA. ANATEL National Telecommunications Agency Private Service Superintendence Bidding No. 002/2011IPVSS/SPV-ANATEL TERM OF EXPLORATION RIGHT PVSS/SPV No. 157/2012-ANATEL TERM OF EXPLORATION RIGHT OF BRAZILIAN SATELLITE ENTERED INTO BY AND BETWEEN THE NATIONAL TELECOMMUNICATIONS AGENCY - ANATEL AND HNS AMERlCAS COMUNICA<;:OES L IDA. Hereby, on one hand, the NATIONAL TELECOMMUNICATIONS AGENCY - ANATEL, hereinafter referred to as Anatel, an entity of the FEDERAL GoVERNMENT, pursuant to Federal Law No . 9472 of July 16, 1997, General Law of Telecommunications - LGT, enrolled with CNPJIMF under No. 02.030.715/0001-12, herein represented by its Superintendent of Private Services, BRUNO DE CARVALHO RAMos, Brazilian, married, bearer of the Identity Card No. 17.385.071-6 issued by SSP-SP and enrolled with CPFIMF under No . 129.999.758-99, according to approval from the Board of Directors comprised in Act No. 1797 of March 28, 2012, published in the Official Gazette of the Union of April 05, 2012, and, on the other hand, HNS AMERICAS COMUNICA<;OES LTDA., enrolled with CNPJIMF under No . 33.804.832/0001-10, hereinafter referred to as SATELLITE EXPLORER, herein represented by its Chief Executive Officer DELIO MORAIS, Brazilian, married, bearer of the Identity Card No. 164.932 issued by SSP-GO and enrolled with CPFIMF under No. 113.481.191-87, enter into this TERM OF SATELLITE EXPLORATION RIGHT, upon the following clauses and conditions: Chapter I - Object, Area and Term of the SateJlite Exploration Right 1.1. The object hereof is to provide the SATELLITE EXPLORER with the Exploration Right of Brazilian Satellite for Transport of Telecommunications Signals, in fair competition regime, through the non­ exclusive occupation of geostationary orbital position that is in process of coordination or notification by Brazil in the International Telecommunication Union - lTU and the use of the associated radio- frequencies, both listed below. IY {fI

,I CARLOS ALBERTO FERREIRA DO AMARAL JUNIOR Tradutor Publico e Interprete Comercial Ingles 245 N" 276 Data: 18/07/2012 I. Orbital position 45°W; II. Frequency ranges: a) Intended to via satellite telecommunication: Earth to space frequency bands Space to Earth frequency bands 17.30 GHz to 17.80 GHz 12.20 GHz to 12.70 GHz 27.00 GHz to 30.00 GHz 17.70 GHz to 20.20 GHz 2,160.00 MHz to 2,200 00 MHz 1,980.00 MHz to 2,025.00 MHz 2,483 .50 MHz to 2,500.00 MHz b) Intended to the control and monitoring: Earth to space frequency bands Space to Earth frequency bands 12,203.00 MHz 12,204.00 MHz 17,303.00 MHz 12,694.00 MHz 17,305.00 MHz 12,695.00 MHz 17,795.00 MHz 12,696.50 MHz 12,697.50 MHz 27,503 .00 MHz 17,804.00 MHz 27,505.00 MHz 17,806.00 MHz 28 602.00 MHz 18,202.00 MHz 1.1.1. The satellite will be explored according to Anatel regulations and, especially, to the provisions of the Regulations on the Right of Satellite Exploration for Transport of Telecommunications Signals. 1.2. Exploration Right of Brazilian Satellite Exploration for Transport of Telecommunications Signals is what ensures the occupation of the orbit and the use of the radiofrequencies intended to the control and monitoring of the satellite and the via satellite telecommunication. 1.3. The geographic area of coverage corresponding to this Exploration Right is that one comprised in the Performance Methodology. 1A. The Exploration Right set forth herein will be effective for a term of fifteen (15) years, from the date of publishing of the abstract of the Term in the Official Gazette of the Union, extendable only once, for the same period. 1. 5. The extension of the term of exploration right and use of the radiofrequencies associated to the object hereof will be at onerous title. 1.6. This Term does not grant to the SATELLITE EXPLORER any exclusive right or prerogative, or privilege in the provision of space capacity.

CARLOS ALBERTO FERREIRA DO AMARAL JUNIOR Tradutor Publico e Interprete Comercial Ingles 246 N° 276 Data: 18/07/2012 Chapter IT - Amount of the Satellite Explol'ation Right 2.1. The amount of the Brazilian Satellite Exploration Right is of R$ 145,200,000.00 (one hundred and forty-five million and two hundred thousand Reais), to be paid to the Telecommunications Inspection Fund - FISTEL, according to the conditions set forth in the Call for Bid. 2.1.1 . The proposed price or 10% (ten percent) of such value shall be paid on a date to be established in the collection slip, before the date of execution hereof, and the amount to be paid shall be adjusted by the variation of the 1ST (Telecommunications Industry Index), from the date of delivery of the Identification Documents, Price Bids and Qualification Documentation until the date of effective payment, in case the payment is made after twelve (12) months from the delivery of the Identification Document, Price Bids and Qualification Documentation. 2.1.2. The remaining 90% (ninety percent) will be paid in six equal annual installments, due respectively within thirty-six (36), forty-eight (48), sixty (60), seventy-two (72) and ninety-six (96) months from the date of publishing in the Official Gazette of the Union - DOU of the abstract of this Term and the amount to be paid shall be adjusted according to the variation of the 1ST (Telecommunications Industry Index), from the date of delivery of the Identification Documents, Price Bids and Qualification Documentation, in case the payment is made twelve (12) months after such date, added of simple interest of 1% (one percent) per month, incurred on the adjusted value, from the date of Hereby, on one publishing in the DOU of the Term abstract. to as Anatel. an General Law 0 2.1.3. The delay in the payment of any installments within the terms set forth in item 2.l.2, in addition herein represenl to the late penalty of 0.33% (thirty-three hundredths percent) per day, up to the limit of 10% (ten percent), married, bearer added of interest equivalent to the reference rate of the Special System of Settlement and Custody ­ No. 129.999.75 SELIC, accumulated on a monthly basis, from the month subsequent to the expiry of the term and of 1% March 28, 2012 (one percent) in the payment month, may imply termination of the Satellite Exploration Right, through HNS AMERICJ application of lapse penalty. hereinafter refe! MORAIS, Brazili Chapter III - Technical Project CPFIMF under the following cI 3.1. The SATELLITE EXPLORER binds itself to inform Anatel in advance on technical changes to the project, in relation to the provisions of the Performance Methodology, under penalty of termination of the Chapter I - Ob Exploration Right and los of the value paid for such right, a provided for in item 2.1. l.l. The ot 3.2. No changes will be admitted: Satellite for Tr exclusive occur a)of the term of five (5) years for the start of operation of the space segment, counting from the Brazil in the J date of publishing of the Term abstract in the Official Gazette of the Union, except in force frequencies, bol majeure events or acts of God; b)of the technical requirements of the project set forth in Attachment I hereto (Call for Bid No. 00212011IPVSS/SPV-ANATEL). 3.2.1. The non-compliance with those obligations subject the SATELLITE EXPLORER to the lapse of the Exploration Right and loss of the values of the installments paid for the right referred to in item 2.1. 3.2.2. In addition to the provisions of item 3.2.1, the non-compliance with the commitment to place the space segment in operation within the established term implies the execution by Anatel of the performance bond of said commitment.

CARLOS ALBERTO FERREIRA DO AMARAL JUNIOR Tradutor Publico e Interprete Comercial Ingles 247 Data: 18/0712012 Chapter IV - Mode, Form and Conditions for Satellite Exploration 4.1. The space segment will be commercially explored in compliance with the terms of the concerning regulations and in compliance with the conditions set forth in the Performance Methodology. 4.2. The SATELLITE EXPLORER will not have vested right to the keeping ofthe conditions existing on the date of execution hereof, being required to comply with the new provisions of law and of the regulations, within the established terms. 4.3. The SATELLITE EXPLORER shall ensure that the access to its satellite, in the Brazilian territory, is made only by entities holding concession, permission or authorization for exploration of telecommunications services or by the organs identified in item 5.1.6. 4.4. The SATELLITE EXPLORER will explore the provision of the space capacity on its own account and risk, being fully and solely responsible for any losses arising from its exploration. 4.5. The SATELLITE EXPLORER is the sole responsible for any damage it may cause to the providers or to third parties as a result of the exploration of the space capacity provision, excluding all and any responsibility to AnateL 4.6. While this Exploration Right is in force, the SATELLITE EXPLORER binds itself to ensure the effective existence, in Brazilian territory, of the deliberation and implementation centers of the strategic, managerial and technical decisions involved in the compliance with this Term, including causing such obligation to be reflected in the composition and in the decision procedures of its management bodies. 4.6.1. The SATELLITE EXPLORER shall show, by means of provisions in its Corporate Bylaws, that it complies with the provisions of item 4.6, within a term of up to six (6) months from the date of publishing of the abstract of this Term in the Official Gazette of the Union. 4.7. Taking into consideration the community interest, the interruption of the provision of space capacity, in emergency situation or after prior notice, for reasons of technical character or safety of people and assets or in case of default from the provider, is not characterized as interruption of the provision. 4.7.1. The interruption in the provision of space capacity due to predictable astronomic events, and ephemeris, does not characterize interruption of such provision, however the SATELLITE EXPLORER binds itself to inform in advance all providers about the occurrence of those events. 4.8. The SATELLITE EXPLORER may transfer this Exploration Right or make any change that may characterize transfer of control only after getting the consent from Anatel, in compliance with the regulatory requirements. Chapter V - Rights and Duties of the SATELLITE EXPLORER 5.1. The rights and duties of the SATELLITE EXPLORER are those provided for in Law No . 9472/97, in the regulations and in this Term. 5.2. SATELLITE EXPLORER binds itself to keep, during the Exploration Right period, the commitments undertaken in the Performance Methodology, in addition to all other conditions that (}-­ permitted its qualification, including to respect and comply with all conditions and limitations imposed to If

CARLOS ALBERTO FERREIRA DO AMARAL JUNIOR Tradutor Publico e Intérprete Comercial Inglés 248 N° 276 Data: 18/07/2012 the space segment, as provided for herein and accepted by Anatel, arising from the international and national coordination processes. 5.3. The SATELLITE EXPLORER may, only in the performance of activities related to the granted Exploration Right, take advantage ofinformation related to the individual use of capacity in the space segment by provider, being also permitted to disclose to third parties aggregate information on the use of its space segment, provided that this does not mean the direct or indirect identification of provider of inftingementof its business secrecy. 5.3.1. The disclosure ofindividual information of provider will depend on express and specific consent from the provider 5.4. The SATELLITE EXPLORER shall keep available to Anatel, at any time, up—to—date registration of all providers that contract the provision of space capacity, containing at least the name or the corporate name of the provider and its domicile or headquarters. 5.5. When requested by Anatel, the SATELLITE EXPLORER will provide data on the provision of space capacity to the providers 5.6. The SATELLITE EXPLORER will keep Brazilian human resources, in Brazilian territory, in quantity sufficient to the full operation, on a 24 hours per day, 7 days per week basis, of the Control Station, located in Brazilian territory, ofits satellite. 5.7. The SATELLITE EXPLORER is entitled to thefree exploration of the satellite set forth herein and shall comply, like any explorer of economic activity, with the principles and rules related to the free initiative, free competition, social function of the ownership, consumer defense and restraint with the abuse of economic power. 5.8. The SATELLITE EXPLORER, always whenit deems itself as victim of unfair competitionor abuse of economic power, will be entitled to submit a petition to Anatel. 89. In situations of public calamity or catastrophe, the SATELLITE EXPLORER undertakes the commitment to comply in priority with the applications for provision for space capacity made by the Government bodies. 5.10. The SATELLITE EXPLORER cannot give in guarantee or dispose of the equipment required to the compliance with the obligations set forth herein, without the consent from Anatel. 5.11. In the contracting of services and in the acquisition of equipment and materials linked to the provision of space capacity set forth herein, SATELLITE EXPLORER binds itself to take into consideration the offers from independent suppliers, including the Brazilian ones, and take its decision, concerning the several submitted offers, based on the compliance with objective criteria of price, delivery conditions and technical specifications provided forin the applicable regulations. 5.11.1. In the contracting hereof, the procedures of the Regulations on Procedures for Contracting of Services and Acquisition of Equipmentor Materials by the Telecommunications Service Providers shall apply, as approved by Resolution No. 155 of August 16, 1999, as amended by Resolution No, 421 of December 02, 2005. 5.12. The SATELLITE EXPLORER shall ensure that the installation ofits telecommunications stations, as well as their enlargement, are in compliance with the regulatory provisions, especially complying with

CARLOS ALBERTO FERREIRA DO AMARAL JUNIOR Tradutor Publico e Interprete Comercial Ingles 249 Data: 18/07/2012 the limits related to the distance from airports, aerodromes, radiogoniometry stations and Indigenous areas . 5.l3. The SATELLITE EXPLORER binds itself, under penalty of lapse of the exploration right, in addition to other penalties, to ensure the continuity of the provision of space capacity throughout the validity period hereof 5.14. SATELLITE EXPLORER binds itself to continue the process of coordination, notification and registration of the orbital position and associated radiofrequencies, according to the procedures of the lTD Radiocommunication Regulations. 5.15. The SATELLITE EXPLORER is also responsible for the following: a) to permit the Anatel inspection Agents to have free access, at any time, to the works, equipment and facilities related to the Exploration Right, as well as its accounting records; b) to keep up-to-date the inventory and registration of the assets used in the satellite exploration; c) to receive and settle the claims and complaints from the providers; d) to attend, always when called by Anatel, the meetings related to processes of coordination of the orbit resources and radio electric spectrum. 5.16. The SATELLITE EXPLORER, pursuant to Article l35 of Law No. 9472/97, undertakes the commitment to provide preferred space capacity to the following bodies: a) Essential Bodies of the Presidency of the Republic; b) Ministry of the Defense; c) Ministry of the Justice; d) Federal Police Department; e) Military Police and Fire Departments. 5.16.1. The commitment detailed in this item will comprise the bodies or entities that may undertake, fully or partially, the functions of the bodies appointed in item 5.16. 5.17. Once the commitment to the commissioning of the space segment is complied with, SATELLITE EXPLORER is entitled to redeem the value given as pelformance bond of said commitment. Chapter VI - Anatel Prerogatives 6.1. Without prejudice to the other regulatory provisions, Anatel is responsible, in the compliance with its attributions as regulatory body, for the following : a) to inspect the satellite exploration set forth herein, applying the regulatory penalties;

CARLOS ALBERTO FERREIRA DO AMARAL JUNIOR Tradutor Publico e Interprete Comercial Ingles N° 276 Data: 18/07/2012 b) to terminate the Satellite Exploration Right, set forth herein, in the cases provided for in this instrument and in the regulations; c) to cause the regulations to be complied with, including those that may be enacted during the whole term hereof; d) to watch for the good quality of the provision of space capacity, to receive, ascertain and settle claims and complaints from the providers; e) to restrain behaviors harmful to the free competition; f) to prevent the economic concentration, including by the imposition of restrictions, limits or conditions for the transfer hereof; g) to pay the fees related to FISTEL, taking the measures provided for in the laws; h) to enforce the performance bond of the commitment to place the space segment in operation, in case the commitment is not complied with on a timely basis. Chapter vn - Rights and Duties of the Providers 7.1. The rights and duties of the providers are those set forth in Law No. 9472/97 and in the regulations, especially: a) the access and enjoyment of the provision of space capacity according to the standards of quality, regularity and effectiveness provided for in the regulations; b) the non-discriminatory treatment concerning the conditions of access and enjoyment of the provision of space capacity; c) the obtaining and use of space capacity, with free choice, complying with the technical limitations and with the regulations; d) the inviolability and secrecy of the communication, complying with the constitutional and legal hypothesis and conditions of breach of telecommunications secrecy; e) the prior knowledge of all and any change in the conditions for the provision of space capacity that may affect it either directly or indirectly; f) the receiving, within reasonable terms, of effective answers to its complaints; g) the forwarding of complaints or charges against the SATELLITE EXPLORER to Anatel; h) the remediation for the damages caused by the infringement of its rights; i) not to be obliged to consume services or acquire assets or equipment that is not of its interest. If(

CARLOS ALBERTO FERREIRA DO AMARAL JUNIOR Tradutor Publico e Interprete Comercial Ingles 251 N° 276 Data: 18/07/2012 Chapter VllI - Penalties 8.1. The non-compliance with conditions or undertaken commitments, associated to the Exploration Right, will subject the SATELLITE EXPLORER to the penalties established in specific regulations, without prejudice to the penalties of civil and criminal nature. Chapter IX - Termination of the Satellite Exploration Right 9.1. The Exploration Right set forth herein will be terminated through revocation, lapse, bilateral termination or annulment and according to the procedures set fOlth in the regulations. 9.2. The revocation of the Exploration Right can be declared when there is loss of the conditions essential to the keeping of the Exploration Right by the SATELLITE EXPLORER. 9.3. The lapse of this Exploration Right can be declared in the following hypotheses: a) practice of serious infringement; b) irregular transfer of the Exploration Right; c) reiterated non-compliance with the commitments undertaken herein or with the provisions of the regulations; d) non-payment of the fees incurred on the Exploration Right. 9.4. The annulment of the Exploration Right will arise from the recognition, by the administrative or court authority, of irremediable irregularity of this Term. 9.5. The bilateral termination will be effective from an application, duly justified, made by the SATELLITE EXPLORER, appointing the period in which it intends to continue exercising the Exploration Right before its definitive interruption, which cannot be lower than thirty-six (36) months. 9.5.1. The application will be analyzed by Anatel, which made impose conditions to its granting, aiming at the preservation of continuity of the telecommunications services that use the spectrum and the orbital position set forth herein, especially those involving the interests of the federal government. 9.5 .2. The bilateral termination does not exclude the obligatory responsibility of the SATELLITE EXPLORER for the damages caused to the providers arising from the interruption of the provision of space capacity contracted before. 9.5.3. The bilateral termination instrument will contain provisions about the conditions and terms of such termination. 9.6. The termination of the exploration right shall be declared in a proper administrative procedure, ensuring the adversary proceeding and the full defense from the SATELLITE EXPLORER. 9.7. Anatel cannot be held liable to the providers or third parties for any charges, burdens, obligations or commitments with third parties or with the employees of the SATELLITE EXPLORER arising from the termination occurred as provided for in the regulations and herein. r (0

CARLOS ALBERTO FERREIRA DO AMARAL JUNIOR Tradutor Publico e Intérprete Comercial Inglés 252 N° 276 Data: 18/07/2012 Chapter X — Governing Law and Applicable Documents 10.1. This term is governed by Law No. 9472/97 and regulations arising therefrom, especially the Regulations on the Satellite Exploration Right for Transport of Telecommunications Signals. 10.2. The Performance Methodology is an integral part of this Term, as if it was transcribed herein. 10.2.1. Any changein the Performance Methodology will become effective only upon the execution of an Amendment to this Term. Chapter XL — Venue 11.1. The parties hereto elect the judiciary chapter of the Federal Justice of Brasilia, Distrito Federal, as the proper venue to settle any disputes arising from this Term of Exploration Right Chapter XII — Final Provisions 12.1. This Term of Exploration Right will become effective and in force from the publishing of its abstract in the Official Gazette ofthe Union. In witness whereof, the parties hereto caused this Term of Exploration Right to be executed in two (2) copies of equal contents and tenor, before the undersigned witnesses, for its due and legal effects Brasilia, Distrito Federal, May, 04 2012. By Anatel: (sgd.) (ilegible) BrUNO DE CARVALHO RaMos Superintendent ofPrivate Services By the SatEtLirE EXPLORER: (sad.) (iHlegible) DELtO MORAIS President Director Witnesses: (sad.) (ilegible) Name: Anne Danielly Gomes Duries Identity document: 2.042.315 SSP/DF (sgd.) (iMegible) Name: David de Oliveira Penha Identity document: M.9.065.264 SSP/MG

CARLOS ALBERTO FERREIRA DO AMARAL JUNIOR Tradutor Publico e Intérprete Comercial Ingiés 302 N° 276 Data: 18/07/2012 118 — ISSN 1677—7069 — Official Gazette ofthe Union — Section 3 — No. 88 Tuesday, May 08, 2012. Abstract of Term of Satellite Exploration Right PVSS/SPV No. 157/2012 PARTIES: NATIONAL TELECOMMUNICATIONS AGENCY — Anatel and HNS AMERICAS COMUNICAGOES LTDA. KIND: Term of Brazilian Satellite Exploration Right correspondingto Act No. 1797 ofMarch 28, 2012. OBJECT: Exploration ofBrazilian Satellite for Transport of Telecommunications Signals. TERM: 15 (fifteen) years, as provided for in Article 172 of Law No. 9472 of July 16, 1997 SIGNATURE DATE: May 04, 2012. SIGNATORIES: By Anatel: Bruno de Carvalho Ramos — Superintendent of Private Services By the Satellite Explorer: Delio Morais — Chief Executive Officer These are the contents of said document, which 1 faithfully translated into the English language. S&o Paulo — SP, July 18, 2012. fis%gfifi’%&f /%f M‘/{ . x Carlos Alberto Ferfeira do Amaral Junior Receipt No.: 127 180 is NESERSpCierererrouac ce RINALDO ZAMPIERI


Document Created: 2013-05-02 18:01:49
Document Modified: 2013-05-02 18:01:49
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