Attachment SESSTA2013050200369.

SESSTA2013050200369.

DECISION submitted by FCC

STA GRANT

0000-00-00

This document pretains to SES-STA-20130502-00369 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2013050200369_999682

     E980005       SES—STA—20130502—00369     1B2013000949
 ¢   EchoStar Broadcasting Corporation


                                                                                                     Approved by OMB
                                                                                                            3060—0678
                                APPLICATION FOR EARTH STATION SPECIAL TEMPORARY AUTHORITY



APPLICANT INFORMATIONEnter a description of this application to identify it on the main menu:
E980005
 1. Applicant


           Name:            EchoStar Broadcasting            Phone Number:          202—293—0981
                            Corporation
           DBA Name:                                         Fax Number:
           Street:          100 Inverness Terrace East       E—Mail:


           City:            Englewood                        State:                 CO
           Country:         USA                              Zipcode:               80112       —=
           Attention:


Applicant: EchoStar Broadcasting Corporation
Call Signs:    File Numbers:
E080120        SES—STA—20130502—00365
E070014        SES—STA—20130502—00366
E080007        SES—STA—20130502—00367
E020248        SES—STA—20130502—00368
E980005        SES—STA—20130502—00369
Special Temporary Authority (STA)


EchoStar Broadcasting Corporation is granted special temporary authority from May 8, 2013 to July
6,2013, to operate a above fixed earth station to conduct telemetry, tracking, and command (TT&C)
operations necessary to drift EchoStar 15 (S$2811) from its currently authorized orbital location of 61.5°
W.L. to the 45.1° W.L. orbital location, and to maintain EchoStar 15 at 45.1° W.L., using the following
center frequencies: 17.7915 GHz and 17.7935 GHz (Earth—to—space); and 12.6920 GHz, 12.6930 GHz,
12.6945 GHz, and 12.6985 GHz (space—to—Earth)."" EchoStar is also authorized to provide Broadcasting—
Satellite Service (BSS) on a temporary basis via EchoStar 15 at 45.1° W.L. in the 12.2—12.7 GHz (space—
to—Earth) and 17.3—17.8 GHz (Earth—to—space) frequency bands. Operations under this authorization are
subject to the terms, conditions, and technical specifications set forth in EchoStar‘s application and the
Federal Communications Commission‘s rules, and are subject to the conditions set forth below.

        1. All operations under this grant of special temporary authority must be on an unprotected and
non—harmful interference basis. EchoStar must not cause harmful interference to, and must not claim
protection from interference caused to it by, any other lawfully operating radio communication system.

       2. In the event EchoStar‘s operations under this grant of special temporary authority
cause harmful interference to any other lawfully operating radio communication system, EchoStar must
cease operations immediately upon notification of such interference and must immediately inform the
Commission, in writing, of such an event.

         3.   EchoStar must coordinate operations of EchoStar 15 with existing geostationary space
stations to ensure that no unacceptable interference results from its operations at the 45.1° W.L. orbital
location or during the drift to the 45.1° W.L. orbital location.

       4. EchoStar must operate only the TT&C frequencies on EchoStar 15 during the drift from the
61.5° W.L. orbital location to the 45.1° W.L. orbital location.

        5. EchoStar must maintain the EchoStar 15 space station with an east/west longitudinal station—
keeping tolerance of +/— 0.05 degrees of the 45.1° W.L. orbital location.

         6. This authorization is issued with the understanding that, to the extent EchoStar and its
affiliated companies, pursuant to any arrangement with the Brazilian Administration, conforms its
operations to any parameters agreed to in coordination agreements between the Brazilian Administration



«! The Commission previously authorized EchoStar to relocate EchoStar 15 to, and operate it at, the 44.9° W.L.
orbital location, instead of its current authorized location of 61.5° W.L. See IBFS File Nos. SAT—STA—20121022—
00185 (granted Nov. 19, 2012) and SAT—MOD—20120814—00130 (granted Dec. 13, 2012). EchoStar did not,
bowever, relocate EchoStar 15 from the 61.5° W.L. EchoStar now states that permanent operations of EchoStar 15
are intended to take place at the 45.1° W.L. orbital location, rather than at previously authorized location of 44.9 °
W.L. See Narrative at 2.


and other Administrations, responsibility for both compliance with, and enforcing compliance with, those
arrangements and agreements is a matter that would arise under private law.

        7. The United States remains the licensing administration of the EchoStar 15 space station and
its communications payloads for purposes of International Telecommunication Union (ITU) Radio
Regulation 18.1 and is the administration responsible for the operations of EchoStar 15. The U.S.
Administration will not object to use of the EchoStar 15 satellite by the Brazilian Administration for
claiming bringing into use or continuing the use of orbital assignments at 45.1° W.L. This grant does not
in any way express a view concerning, or agreement as to, the validity or lack of validity of any ITU
filing at or within the vicinity of the 45.1° W.L. orbital location.

        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. Any action taken or expense incurred as a result of operations pursuant to this grant of special
temporary authority is at EchoStar‘s own risk.

       10. Grant of this authorization is without prejudice to any determination that the Commission
may make regarding IBFS File No. SAT—MOD—20130503—00066 and IBFS File Nos. SES—MFS—
20130503—00359, SES—MFS—20130503—00360, SES—MFS—20130503—00361, SES—MFS—20130503—00362,
SES—MOD—20130503—00364 .

         11. This grant is issued pursuant to Section 0.261 of the Commission‘s rules on delegated
authority, 47 C.F.R. § 0.261, and is effective upon release.




                                                                       meo SS>~S\psR(o—qpehI
                                                                     E"$%60q5 inubae TSAHQ
                                                     2


2. Contact


             Name:         Pantelis Michalopoulos               Phone Number:                        202—429—6494
             Company:       Steptoe & Johnson LLP               Fax Number:                          202—429—3902
             Street:        1330 Connecticut Ave                E—Mail:                              pmichalopoulos@steptoe.com


             City:         Washington                           State:                                DC
             Country:      USA                                  Zipcode:                             20036       —
             Attention:                                         Relationship:                         Legal Counsel


(If your application is related to an application filed with the Commission, enter either the file number or the IB Submission ID of the related
application. Please enter only one.)
 3. Reference File Number or Submission ID
 4a. Is a fee submitted with this application?
@ IfYes, complete and attach FCC Form 159.          If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114).
{} Governmental Entity       C3 Noncommercial educational licensee
£} Other(please explain):

4b. Fee Classification    CGX — Fixed Satellite Transmit/Receive Earth Station

5. Type Request


<y Use Prior to Grant                              3 Change Station Location                         @ Other



6. Requested Use Prior Date


7. CityCheyenne                                                            8. Latitude
                                                                           (dd mm ss.s h)   41   7   56.4    N


9. State   WY                                                               10. Longitude
                                                                            (dd mm ss.s h)    104    44   104     W
11. Please supply any need attachments.
Attachment 1: Narrative                           Attachment 2:                                       Attachment 3:



12. Description.   (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.)
    Request STA to communicate with EchoStar 15 during relocation to 45.1 WL and once on
    station at 45.1 WL pending grant of permanent modification




13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is               Yes        «3 No
subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act
of 1988, 21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance.
See 47 CFR 1.2002(b) for the meaning of &quot;party to the application&quot; for these purposes.


14. Name of Person Signing                                                  15. Title of Person Signing
  Pantelis Michalopoulos                                                      Counsel to EchoStar Broadcasting Corporation
           WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT
                  (U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION
                   (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).


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1, 1995, 44 U.S8.C. SECTION 3507.


                                              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 45° W.L. Orbital                           File No. SES—STA—
Location                                                   Call Sign EQ20248

                                                           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,‘ to use five of its earth stations (Call Signs E070014,

EQ080007, E980005, EO20248, and EO08120) to provide telemetry, tracking, and control

("TT&C") during the relocation of the EchoStar 15 Broadcasting—Satellite Service ("BSS")

satellite to the nominal 45° W.L. orbital location and to perform TT&C and feeder link

operations with the satellite at that location.*



\ 47 C.F.R. § 25.120(b)(4).
* 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 EO80007, 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 EO80120, 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


1.      OVERVIEW

        In late 2012, the Commission authorized EchoStar to relocate EchoStar 15 to, and operate

it at, 44.9° W.L.* 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.

Accordingly, EchoStar holds today the authority, once it receives appropriate earth station

authority, to commence EchoStar 15‘s move to, and operations at, the 45° 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 45.1° W.L. orbital location, our operational preference is to

position EchoStar 15, our interim satellite, at that orbital location."

        As the Commission is aware, HNS Americas Comunicagdes 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
45.1° 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.
° As the Commission is aware, EchoStar cannot operate at the 45.0° 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 45° W.L. orbital location.©

EchoStar has coordinated with Agéncia Nacional de Telecomunicagdes ("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.‘

       Since the 45.1° 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.

IL.    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.° 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




° A certified translation of the Brazilian authorization is attached. See Exhibit 1, Term of Right
of Exploitation at 2 (referencing "45° W").
‘ 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 Red. §639, 8640 (1996); Newcomb
Communications, Inc., Order and Authorization, 8 FCC Red. 3631, 3633 (1993); American
Telephone & Telegraph Co., Order, 8 FCC Red. 8742 (1993).


                                                13 _


               system, provided there are no compelling countervailing public
               interest considerations."

       As a result, the Commission has routinelyauthorized "satellite operators to rearrange

satellites in their fleet to reflect business and customer considerations where no public interest

factors are adversely affected.""" This includes permitting fleet reconfigurations designed to

meet demands for capacity outside the United States."‘ 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 45° W.L. orbital location, EchoStar will follow standard industry practices for


° AMSC Subsidiary Corp., Order and Authorization, 13 FCC Red. 12316, 12318 [ 8 (1998).
9 See SES Americom, Inc., Order and Authorization, 21 FCC Red. 3430, 3433 [ 8 (2006)
(citing Amendment of the Commission‘s Space Station Licensing Rules and Policies, Second
Report and Order, 18 FCC Red. 12507, 12509 « 7 (2003)).
 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, Stomp 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).


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 45° 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.

                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.

                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 45° 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.

                In the event that any harmful interference is caused while the satellite is operating
                at the nominal 45° 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


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,

                                                         Is/
                                               Pantelis Michalopoulos
                                               Stephanie A. Roy
                                               Steptoe & Johnson LLP
                                                1330 Connecticut Avenue, NW
                                               Washington, D.C. 20036
                                               (202) 429—3000
                                               Counselfor EchoStar Broadcasting Corporation



May 2, 2013


        EXHIBIT 1




TERM OF RIGHT OF EXPLORATION


                      CARLOS ALBERTO FERREIRA DO AMARAL JUNIOR
                           Tradutor Publico e Intérprete Comercial
                                           Inglés
                      Matriculado na Junta Comercial do Estadode S8o Paulo sob n° 1863
             CPF 135.584.188—75 » RG 18.605.711—§ SSP/ISP — CCM 4.215.987—3 — INSS 18087669008

 LIVRO N° 0O3                                    FOLHA 244                           TRADUGAO N° 276

 1, Carlos Alberto Ferreira do Amaral Junifor, Public Translator and Commercial Interpreter,
 enrolied with the Board of Trade of the State of S&o Paulo under No. 1863, in compliance with
 my duty, transtated from Portuguese into English, to the best of my knowledge, a document
 entitled "Term of Exploration Right PVSS/SPV No. 157/2012", as follows:


                    TERM OF EXPLORATION RIGHT PVSS/SPV No. 157/2012

                         EXPLORATION RIGHT OF BRAZILIAN SATELLITE

                                HNS AMERICAS COMUNICAGCOES LTDA.

                                                ANATEL


                                  National Telecommunications Agency
                                     Private Service Superintendence
                              Bidding No. 002/201 VPVSS/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 AmBRIcAS COMUNICAGOES LTDA.

Hereby, on one hand, the NATIONAL TELECOMMUNICATIONS AGENCY — ANATEL, hereinafter reforred
to as Anatel, an entity of the FEDERAL GOVYERNMENT, pursuant to Federal LawNo. 9472 ofJuly 16, 1997,
General Law of Telécommunications — LGT, enrolled with CNPJ/MF under No. 02.030.715/0001—12,
herein represented by its Superintendent of Private Services, BRUNO DE CARYALHO RAMOS, Brazilian,
 married, bearer of the Identity Card No. 17.385.071—6 issued by SSP—SP and enrolled with CPF/MF 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 ofthe Union of Aprit 05, 2012, and, on the other hand,
HNS AMERICAS COMUNICAGCOES LTDA., enrolied with CNPI/MF under No. 33.804.832/0001—10,
hereinafter reférred to as SATELLITH EXPLORER, herein represented by its Chiéf Executive Officer DELIO
 MoORAIS, Brazilian, married, bearer of the Identity Card No. 164.932 issued by SSP—GO and enrolled with
CPFE/MF under No. 113.481.191—87, enterinto this TERM OFSATELLITE EXPLORATION RIGHT, upon
the following clauses and conditions:

 Chapter 1 — Object, Area and Term of the Satellite 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 — ITU and the use of the associated radio—
frequencies, both listed below.


                                                             0
                                                   .   Bs ig$"



                      CARLOS ALBERTO FERREIRA DO AMARAL JUNIOR
                           Tradutor Publico e Intérprete Comercial
                                            Inglés

245                                     N°   276                                       Data:      18/07/2012


       1. Orbital position 45°W;

       IL.    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
                          17,303.00 MHz                                 12,204.00 MHz
                                                                        12,694.00 MHz
                          17,305.00 MHz
                          17.795.00 MHz                                 12,695.00 MHz
                            hC                                          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.

1.4.      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 Intérprete Comercial
                                                 Inglés

     246                                     N°   276                                 Data:     18/07/2012
4s




&_   Chapter H — Amount of the Satellite Exploration 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 adate 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 IST (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.

     21.2. The remaining 90% (ninety percent) will be paid in six equal annoual 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 shail be adjusted according to the variation of the IST
     (Telecommunications Industry Index), from the date of delivery of the Identification Documents, Price
     Bids and Qualification Documentation, in case the payment is made tweive (12) months after such date,
     added of simple interest of 1% (one percent) per month, incurred on the adjusted value, from the date of
     publishing in the DOU of the Term abstract.

     2.1.3. The delay in the payment of any installments within the terms set forth in item 2.1.2, in addition
     to the late penalty of 0.33% (thirty—three hundredths percent) per day, up to the limit of 10% (ten percent),
     added of interest equivalent to the reference rate of the Special System of Settlement and Custody —
     SELIC, accumulated on a monthly basis, from the month subsequent to the expiry of the term and of 1%
     (one percent} in the payment month, may imply termination of the Satellite Exploration Right, through
     application of lapse penalty.

     Chapter III — Technical Project

     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
     Exploration Right and los of the value paid for such right, a provided for in item 2.1.

     3.2.     No changes will be admitted:

            a)of the term of five (5) years for the start of operation of the space segment, counting from the
            date of publishing of the Term abstract in the Official Gazette of the Union, except in force
            majeure events or acts of God;

            b)of the technical requirements of the project set forth in Attachment I hereto (Call for Bid No.
            002/2011/PVSS/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 instaliments 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 Publice e Intérprete Comercial
                                           Inglés

247                                     N°   276                                 Data:     18/07/2012

Chapter IV — Mode, Form and Conditions for Sateilite 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 of the 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 easure 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 exptore the provision of the space capacity on its own account
andrisk, being fully and solely responsible for any losses arising from its exploration.

4.5,     ‘The SATELLITE EXPLORERis 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 withthe provisions of item 4.6, within a term of up to six (6) months from the date of
publishing of the abstract ofthis 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.     Theinterruption 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

51.       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


                       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 grauted
Exploration Right, take advantage of information 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
infringement of its business secrecy.

5.3.:1.  The disclosure of individual 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 EXxPLORER 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, locatedin Brazilian territory, of its satellite.

5.7.       The SATELLITE EXPLORER is entitled to the free 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 when it deems itself as victim of unfair competition or abuse
of economic power, will be entitled to submit a petition to Anatel.

5.9.      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 bindsitself 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 for in the applicable regulations.

5.11.1.. In the contracting hereof, the procedures of the Regulations on Procedures for Contracting of
Services and Acquisition of Equipment or 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 of its telecommunications stations, as
well as their enlargement, are in compliance with the regulatory provistons, especially complying with


                       CARLOS ALBERTO FERREIRA DO AMARAL JUNIOR
                             Tradutor Publico e Intérprete Comercial
                                             Ingiés

249                                       N°   276                                   Data:    —18/07/2012

the limits related to the distance from airports, aerodromes, radiogoniometry stations and Indigenous
areas.

5113.      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 ofthe orbital position and associated radiofrequencies, according to the procedures of the ITU
Radiocommunication Regulations.

5.15..   The SATELLITE EXPLORER is also responsible for thefollowing:

         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 SATELLUITE EXPLORER, pursuant to Article 135 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 performance bond of said commitment.

Chapter VI — Anatel Prevogatives

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 satelilite exploration set forth herein, applying the regulatory penalties;


                     CARLOS ALBERTO FERREIRA DO AMARAL JUNIOR
                           Tradutor Publico e Intérprete Comercial
                                           Inglés

250                                    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;

             to cause the regulations to be complied with, including those that may be enacted during the
             whole term hereof;                                         —

             to watch for the good quality of the provision of space capacity, to receive, ascertain and
             settle claims and complaints from the providers;

             to restrain behaviors harmful to the free competition;

             to prevent the economic concentration, including by the imposition of restrictions, limits or
             conditions for the transfer hereof,

        8) 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 VII — 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 oftelecommunications secrecy;

             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;

             the receiving, within reasonable terms, of effective answers to its complaints;

        & 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;
             not to be obliged to consume services or acquire assets or equipment that is not of its
             interest,


                     CARLOS ALBERTO FERREIRA DO AMARAL JUNIOR
                               Tradutor Publico e Intérprete Comercial
                                                Inglés

251                                    N°    276                               Data:    18/07/2012

Chapter VIH — 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

$.1.     The Exploration Right set forth herein will be terminated through revocation, lapse, bilateral
termination or annulment and according to the procedures set forth 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 lowerthan thirty—six (36) months.

9,5.1,     The application will be analyzed by Anatel, which made impose conditions to its granting,
alming 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.

9.17.    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.


                      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, espectally 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 change in the Performance Methodology will become effective only upon the execution of
an Amendment to this Term.

Chapter XI — 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 of the 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 Anate!:

(sgd.) (Hlegible)
BRUNO DE CARVALHO RAMOS
Superintendent ofPrivate Services


By the SATELLITE EXPLORER:

(sgd.) (illegible)
DELIO MORAIS
President Director


Witnesses:

(sgd.) (Hlegible)
Name: Anne Dantelly Gomes Durkes
Identity document: 2.042.315 SSP/DF

(sgd.) fillegible)
Name: David de Oliveira Penha
Identity document: M.9.065.264 SSP/MG


                      CARLOS ALBERTO FERREIRA DO AMARAL JUNIOR
                            Tradutor Publice e Intérprete Comercial
                                             Inglés

302                                       N°     276                                Data:   18/07/2012

118 —ISSN 1677—7069 — Official Gazette of the 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
COMUNICAGCOES LTDA.

KIND: Term of Brazilian Sateliitc;, Exploration Right corresponding to Act No. 1797 ofMarch 28, 2012.

OBJECT: Exploration of Brazilian 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 I faithfuily translated into the English language.

Sio Paulo — SP, July 18, 2012.
                                                                     \f/7
                                                                        qé/
                                                                          M/(
                                                                     (,arlos Alberto Fertetra do Amaral Jumor
Receipt No.: 127




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Document Created: 2013-06-07 17:13:32
Document Modified: 2013-06-07 17:13:32

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