Attachment amendment.pdf

This document pretains to SAT-AMD-20020722-00124 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2002072200124_1162788

BOSTON & m Néw Y::-)" 7 srusseLs I.amam & walklns ( !/NORTHER?( v%m shicaco ATTORNEYS AT LAW > N—oraree cougty F:::;l::gT WWW.LW.COM PARLS SAN DiEGo H?_:i:::s —————— 002 SAN FRANCISCO Los aNceELES JUL 4¥A 1 SILICON vaLtey M ILAN MELLON sincapore moscow FCC/ Tokvo new Jersey wasHington, D.c. July 22, 2002 VIA MESSENGER Federal Communications Commission International Bureau — Satellites P.O. Box 358210 Pittsburgh, PA 15251—5210 Re: Amendment to Application for Modification of $2132 (FCC File No. SAT—MOD—20011221—00136) Ladies and Gentlemen: Enclosed on behalf of Hughes Network Systems, Inc., is a minor amendmentto the above—referenced application for modification of $2132. The proposed amendment involves a change in the applicant from Hughes Communications Galaxy, Inc. to Hughes Network Systems, Inc. Also enclosed is a Remittance Advice (FCC Form 159) and a check made payable to the Federal Communications Commission in the amount of $1,335.00 to cover the required filing fee. In the event there are any questions concerning this matter, please let me know. Very truly yours, fhcA Aub Jeffrey A. Marks of LATHAM & WATKINS Enclosures co: Ms. Jennifer Gilsenan (FCC) Mr. Bruce D. Jacobs (Counsel for Pegasus Development Corporation) 555 Euevent» Stheet, N.W., Suime IO0O * Washimaton, D.C, 2000441304 TELEPHONE: (202) 6372200 * FAX: (202) 637—2201 DC_DOCS469703.5

READ INSTRUCTIONS CAREFULLY BEFORE PROCEEDING Approved by OMB FEDERAL COMMUNICATIONS COMMISSION 3060—0589 REMITTANCE ADVICE Page No 1 of 1 SPECIAL USE (1) LOCKBOX # FCC USE ONLY 358210 SECTION A — PAYER INFORMATION (2) PAYER NAME (if paying by credit card, enter name exactly as it appears on your card) (3) TOTAL AMOUNT PAID (U.S. Dollars and cents) Hughes Network Systems, Inc. $1,335.00 (4) STREET ADDRESS LINE NO.1 11717 Exploration Lane (5) STREET ADDRESS LINE NO. 2 (6) CITY (7) STATE (8) ZIP CODE Germantown MD 20876 — (9) DAYTIME TELEPHONE NUMBER (include area code) (10) COUNTRY CODE (ifnot in U.S.A.) 301/601—7226 FCC REGISTRATION NUMBER (FRN) AND TAX IDENTIFICATION NUMBER (TIN) REQUIRED (11) PAYER (FRN) (12) PAYER (TIN) 0005—6521—10 954659709 IF PAYER NAME AND THE APPLICANT NAME ARE DIFFERENT, COMPLETE SECTION B IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159—C) (13) —APPLICANT NAME (14) STREET ADDRESS LINE NO. 1 (15) STREET ADDRESS LINE NO. 2 (16) CITy (17) STATE| (18) ZIP CODE (19) DAYTIME TELEPHONE NUMBER (include area code) (20) COUNTRY CODE (ifnot in U.S.A) FCC REGISTRATION NUMBER (FRN) AND TAX IDENTIFICATION NUMBER (TIN) REQUIRED (21) APPLICANT (FRN) (22) APPLICANT (TIN) COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEET (23A) CALL SIGN/OTHER ID (24A) PAYMENT TYPE CODE (25A) QUANTITY $2132 CWY 1 (26A) FEE DUE FOR (PTC) (27A) TOTAL FEE FCC USE ONLY 1,335.00 1,335.00 (28A) FCC CODE 1 (29A) FCC CODE 2 (23B) CALL SIGN/OTHER ID (24B) PAYMENT TYPE CODE (25B) QUANTITY (26B) FEE DUE FOR (PTC) (278) TOTAL FEE FCC USE ONLY (28B) FCC CODE 1 (29B) FCC CODE 2 SECTION D — CERTIFICATION (30) CERTIFICATION STATEMENT I, , certify under penalty of perjury that the foregoing and supporting information is true and correct to the best of my knowledge, information and belief. SIGNATURE DATE SECTION E — CREDIT CARD PAYMENT INFORMATION en MASTERCARD/VISA ACCOUNT NUMBER: EXPIRATION [] MaAsTERCARD L L L i L L L [ | | | | U 1 1 | | I hereby authorize the FCC to charge my VISA or MASTERCARD for the service(s)/authorization herein described. [] visa SIGNATURE DATE SEE PUBLIC BURDEN ON REVERSE FCC FORM 159 FEBRUARY 2000 (REVISED)

FCC 312 Approved by OMB 3060—0678 Main Form Est. Avg. Burden Hours Per Response: 11 Hrs. FEDERAL COMMUNICATIONS COMMISSION APPLICATION FOR SATELLITE SPACE AND EARTH STATION AUTHORIZATIONS APPLICANT INFORMATION 1. Legal Name ofApplicant 2. Voice Telephone Number Hughes Network Systems, Inc. (301) 601—7226 3. Other Name Used for Doing Business (if any) 4. Fax Telephone Number (301) 428—7012 5. Mailing Street Address or P.O. Box 6. City 11717 Exploration Lane Germantown 7. State / Country (if not U.S.A.) 8. Zip Code ATTENTION: Joslyn Read MD 20876 9. Name of Contact Representative (If other than applicant) 10. Voice Telephone Number John P. Janka (202) 637—2200 11. Firm or Company Name 12. Fax Telephone Number Latham & Watkins (202) 637—2201 13. Mailing Street Address or P.O. Box 14. City . ' 555 Eleventh Street, NW, Suite 1000 Washington 15. State / Country (if not U.S.A.) 16. Zip Code ATTENTION: DC 20004—1304 CLASSIFHCATION OF FILING 17. Place an "X" in the box next to the classification that applies to this filing for both questions a. and b. Mark only one box for 172 and only one box for 17b. D b1. Application for License ofNew Station [_] b6. Transfer of Control of License or Registration . D b2. Application for Registration of New [|] b7. Notification of Minor Modification [~] a1. Rarth Station Domestic Receive—Only Station b3. Amendment to a Pending Application D b8. Application for License of New Receive—Only Station Using Non—U.S. Licensed Satellite a2. Space Station (X P [_] b4. Modification of License or Registration [_] b9. Letter of Intent to Use Non—U.S. Licensed Satellite to Provide Service in the United States D b5. Assignment of License or Registration D b10. Other (Please Specify): 18. If this filing is in reference to an existing station, enter: 19. If this filing is an amendment to a pending application enter: Call sign of station: (a) Date pending application was filed: (b) File number ofpending application: S$2132 December 21, 2001 SAT—MOD—20011221—00136 FCC 312, Main Form — Page 1 February, 1998

TYPE OF SERVICE 20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Place an "X" in the box(es) next to all that apply. [X] a. Fixed Satellite [_] c. Radiodetermination Satellite [_] e. Direct to Home Fixed Satellite [_] b. Mobile Satellite [_] d. Earth Exploration Satellite [_] £ Digital Audio Radio Service [_] g. Other (please specify) 21. STATUS: Place an "X"in the box next to the applicable status. Mark only one box. 22. Ifearth station applicant, place an "X" in the box(es) next to all that apply. D a. Common Carrier [X] b. Non—Common Carrier D a. Using U.S. licensed satellites D b. Using Non—U.S. licensed satellites 23. Ifapplicantis providing INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Mark only one box. Are these facilities: D a. Connected to the Public Switched Network D b. Not connected to the Public Switched Network 24. FREQUENCY BAND(S): Place an "X"in the box(es) next to all applicable frequency band(s). [_] a. C—Band (4/6 GHz) [_] b. Ku—Band (12/14 GHz) [X] c. Other (Please specify) Frequency Lower: 20Ghz; Freqgency Upper: 30Ghz TYPE OF STATION 25. CLASS OF STATION: Place an "X"" in the box next to the class of station that applies. Mark only one box. D a. Fixed Earth Station D b. Temporary—Fixed Barth Station I:] c. 12/14 GHz VSAT Network D d. Mobile Earth Station e. Space Station D £. Other If space station applicant, go to Question 27. Geostationary (Specify) 26. TYPE OF EARTH STATION FACILITY Mark only one box. D a. Transmit/Receive ]:I b. Transmit—Only D c. Receive—Only PURPOSE OF MODIFICATION OR AMENDMENT 27. The purpose of this proposed modification or amendment is to: Place an "X" in the box(es) next to all that apply. a ~— authorization to add new emission designator and related service [~—] b ——authorization to change emission designator and related service —| c ~— authorization to increase EIRP and EIRP density d —— authorization to replace antenna e — authorization to add antenna £— authorization to relocate fixed station g —— authorization to change assigned frequency(ies) h — authorization to add Points of Communication (satellites & countries) i —— authorization to change Points of Communication (satellites & countries) j — authorization for facilities for which environmental assessment and radiation hazard reporting is required [x] k—Other(PleaseSpeciy)See Exhibit A. ENVIRONMENTAL POLICY 28. Would a Commission grant ofany proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.13077? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission‘s rules, 47 C.F.R. §§ 1.1308 and 1.1311, as an exhibit to this application. D YES [X No A Radiation Hazard Study must accompany all applications as an exhibit for new transmitting facilities, major modifications, or major amendments. Refer to OET Bulletin 65. FCC 312, Main Form — Page 2 February, 1998

ALIEN OWNERSHIP 29. Is the applicant a foreign government or the representative of any foreign government? [] YES [X no 30. Is the applicant an alien or the representative of an alien? []] YEs [X No 31. Is the applicant a corporation organized under the laws of any foreign government? [_] YES [3 no 32. Is the applicant a corporation of which more than one—fifth of the capital stock is owned of record or voted by aliens or their [ ¥Es [3 No representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? 33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than one—fourth of the ) ¥Es [3 no capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? 34. If any answer to questions 29, 30, 31, 32 and/or 33 is Yes, attach as an exhibit, the identification of the aliens or foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote. BASIC QUALIFICATIONS 35. Does the applicant request any waivers or exemptions from any of the Commission‘s Rules? ) ¥Es [3 no If Yes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents. 36. Has the applicant or any party to this application had any FCC station authorization or license revoked or had any | [ ¥Es [X NO application for an initial, modification or renewal of FCC station authorization, license, or construction permit denied by the Commission? If Yes, attach as an exhibit, an explanation of the circumstances. 37. Has the applicant,; or any party to this application, or any party directly or indirectly controlling the applicant ever been [ ¥Es [X no convicted of a felony by any state or federal court? If Yes, attach as an exhibit, an explanation of the circumstances. 38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant, guilty of unlawfully monopolizing or attempting unlawfully to monopolize radio communication, directly or indirectly, through control of ) ¥Es [X no manufacture or sale of radio apparatus, exclusive traffic arrangement or any other means or unfair methods of competition? If Yes, attach as an exhibit, an explanation of the circumstances. 39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending matter referred [X vEs [ no to in the proceeding two items? If Yes, attach as an exhibit, an explanation of the circumstances. See Exhibit B 40. If the applicant is a corporation and is applying for a space station license, attach as an exhibit the names, addresses, and citizenship of those stockholders owning of record and/or voting 10 percent or more of the Filer‘s voting stock and the percentages so held. In the case of fiduciary See Exhibit C control, indicate the beneficiary (ies) or class of beneficiaries. Also list the names and addresses of the officers and directors of the Filer. 41. By checking Yes, the undersigned certifies, that neither the applicant nor any other party to the application is 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 [X vEs { No of a conviction for possession or distribution of a controlled substance. See 47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes. 42a. Does the applicant intend to use a non—U.S. licensed satellite to provide service in the United States? C ¥Es [3 No If yes, answer 42b and attach an exhibit providing the information specified in 47 C.E.R. § 25.137, as appropriate. If no, proceed to question 43. 42b. What administration has licensed or is in the process of licensing the space station? If no license will be issued, what administration has coordinated or is in the process of coordinating the space station? N/A FCC 312, Main Form — Page 3 February, 1998

43. Description. (Summarize the nature of the application and the services to be provided). See Exhibit A. Exhibit No. Identify all exhibits that are attached to this application. Response to estions 27 and 43 Response to estion 39 Response_ to estion 40 Consent to Amendment by Hughes Communictations Gal lanato Note Regarding Schedules A and B CERTIFICATION The Applicant waives any claim to the use of any particular frequency or 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, and requests an authorization in accordance with this application. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit in 47 CFR Part 20. All statements made in exhibits are a material part hereof and are incorporated herein as if set out in full in this application. The undersigned, individually and for the applicant, hereby certifies that all statements made in this application and in all attached exhibits are true, complete and correct to the best of his or her knowledge and belief, and are made in good faith. 44. Applicant is a (an): (Place an "X" in the box next to applicable response.) [Z] a. Individual [7] b. Unincorporated Association [_] c. Partnership [X d. Corporation [—] e. Governmental Entity [—] £ Other — (Please specify) 45. Typed Name of Person Signing | 46. Title of Person Signing Mike Cook Sr. Vice President & General Manager — Spaceway \_W/ 47. Signature fi 48. Date 7/19/02 WILLFUL FALSE STATEMENTS MAIME 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). FCC 312, Main Form — Page 4 February, 1998

Exhibit A, Page 1 of 1 Response to Questions 27 and 43 Hughes Network Systems, Inc. EXHIBIT A This minor amendment to SAT—MOD—20011221—00136 involves a change in the applicant from Hughes Communications Galaxy, Inc. ("HCG") to Hughes Network Systems, Inc. ("HNS"). The Commission has already approved the pro forma assignment from HCG to HNS of the underlying license thaeks to modify (see SAT— @G-260i1204:601 10)) This minor amendment will not effect a substantial change in control; bog HCG an S are wholly owned subsidiaries of Hughes Electronics Corporation ("HEC"). This minor amendment is part of an internal reorganization of the corporate structure of HEC. The public interest will be served by allowing HEC to place the FCC licenses and applications that it controls with the Hughes business units best suited to utilize those licenses and applications. DC_DOCSUM6S719.1

Exhibit B, Page 1 of 1 _ Response to Question 39 Hughes Network Systems, Inc. EXHIBIT B 1. State Department Review In 1996, two Hughes employees participated in a committee formed to review the findings of Chinese engineers regarding the failure of a Long March rocket in China. A grand jury investigation of potential export control law violations arising from the actions of the two employees was closed without issuing charges. However, Hughes is subject to the authority of the United States State Department to impose sanctions for non—criminal violations of the Arms Export Control Act. To date, the State Department has not imposed sanctions. 2. Bischoff, et al. v. DIRECTV, et al. In September 2000, a putative class action was commenced against DIRECTV, Thomson Consumer Electronics, Best Buy Co., Circuit City Stores and Tandy Corporation. The named plaintiffs purport to represent a class of all consumers who purchased DIRECTV equipment and services any time from March 1996 to September 1, 2000, and allege that defendants have violated federal and California antitrust statutes by entering into agreements to exclude competition and force retailers to boycott competitors‘ products and services. Motion to compel arbitration with named plaintiffs was granted. The parties have since agreed to dismiss class allegations and settle and dismiss the named plaintiffs‘ claims, though the settlement has not been finalized. 3. Kingray, et al. v. NBA, et al., Kingray, et al. v. NHL, et al. Putative class actions against NBA and NHL, its member teams and DIRECTV. Plaintiffs allege that the distribution agreements between the leagues and DIRECTV violate the antitrust laws. DIRECTV‘s motion to dismiss the complaint was granted with leave to amend. The second motion to dismiss was granted with prejudice with respect to federal antitrust claims, and without prejudice with respect to state law claims. 4. Cable Connections, Inc., et al. v. DIRECTV, Inc., et al. In May 2001, plaintiffs filed a class action complaint in Oklahoma State Court alleging claims including breach of contract and fiduciary duty, fraud, promissory estoppel, antitrust and unfair competition. The four plaintiffs are DIRECTV dealers who claim to be bringing the complaint on behalf of all DIRECTV dealers, including former PRIMESTAR and USSB dealers. In August 2001, the case was stayed and the court ordered the individual plaintiffs to pursue their contract. None of the plaintiffs has yet instituted arbitration proceedings. DC_DOCS\465548.1

Exhibit C, Page 1 of 3 Response to Question 40 Hughes Network Systems, Inc. EXHIBIT C Hughes Network Systems, Inc. ("HNS") is a wholly—owned subsidiary of Hughes Electronics Corporation ("HEC"), which is a wholly—owned subsidiary of General Motors Corporation ("GM"). The address of HNS is: 11717 Exploration Lane, Germantown, MD 20876. The Address of HEC is: 200 North Sepulveda Blvd., El Segundo, CA 90245. The address of GM is: 3440 West Grand Blyvd., Detroit, MI 48202—3091. State Street Bank and Trust Company, a Massachusetts company, (acting as trustee for various trusts and employee benefit plans) beneficially owns approximately 14% of the common stock of General Motors. The address of State Street Bank and Trust Company is: 225 Franklin Street, Boston, MA 02110 U.S. Trust Corporation, a New York corporation, beneficially owns approximately 20% of the Class H Common Stock of General Motors. The address of U.S. Trust Corporation is 114 West 47°" St., New York, NY 10036. Currently pending before the Commission are an application for consent to the proposed merger of Echostar Communications Corporation ("ECC" ) and HEC, and several related applications for consent to the transfer of control of HNS and other affiliated companies to ECC. The Directors and Officers of HNS are as listed below: Directors Name Pradman Kaul (Chairman) Jack Shaw Pradeep Kaul Jim Lucchese Paul Gaske Bahram Pourmand Officers Name Title Kaul, Pradman Chairman & CEO Kaul, Pradeep Executive Vice President Lucchese, Jim Executive Vice President and Chief Financial Officer Gaske, Paul Executive Vice President DC_DOCS\465836.1

Exhibit C, Page 2 of 3 > Response to Question 40 Hughes Network Systems, Inc. Officers Name Title Pourmand, Bahram Executive Vice President Fraley, Dan Senior Vice President Hsu, Tom Senior Vice President Corrigan, John Senior Vice President Shukla, Vinod Senior Vice President Morris, Adrian Senior Vice President Kenyon, John Senior Vice President McEwan, John Senior Vice President Segal, Randy Senior Vice President, General Counsel and Secretary Kerentoff, Sandi Senior Vice President Hoversten, Estil Senior Vice President Gandolfi, Jim Senior Vice President Cook, Mike Senior Vice President Golding, Len Vice President Carrier, Stephan Vice President Buschman, Bob Vice President Herskovitz, Michael Vice President Kepley, Robert Vice President Kay, Stan Vice President Choquette, George Vice President Skeith, Mike Vice President Johal, Dilbag Vice President Mehta, Ashok Vice President Whysong, Brian Vice President Sharifi, Hossein Vice President Marzella, Nicholas Vice President Sharma, Anil Vice President Tewari, Neeraj Vice President Gorsuch, Michael Vice President Mohadjer, Ali Vice President McElroy, Tom Vice President and Assistant Treasurer Sun, Mike Vice President Cannon, Keary Vice President Kuo, K.C. Vice President Klisch, Frank Vice President Mohebbi, Matthew Vice President Slekys, Arunas Vice President Lee, Lin—Nan Vice President Ghosh, Hitendra Vice President DC_DOCSU465836.1

Exhibit C, Page 3 of 3 Response to Question 40 Hughes Network Systems, Inc. Officers Name Title Dutt, Deepak Vice President and Treasurer Armstrong, Dick Vice President Zatloukal, Dave Vice President Hamel, Dan Vice President Sarraf, Jamal Vice President Fitzpatrick, Edward Vice President Montague, George Vice President and Assistant Treasurer Regard, Emil Vice President Clarkson, Ted Vice President Biber, Jeff Vice President Boyd, Toni Vice President Gulla, Peter Vice President Stoll, John Vice President Pardee, Peter Vice President Kumar, Arun Vice President George, Harry Vice President Rosario, Binoy Vice President Bhave, Mahesh Vice President Dehesh, Houtan Vice President Manson, Dean Assistant Secretary _ O‘Brien, Phil Assistant Secretary Williamson, Janet L. Assistant Secretary DC_DOCSU465836.1

Exhibit D, Page 1 of 1 Consent To Amendment by Hughes Communications Galaxy, Inc. Hughes Network Systems, Inc. EXHIBIT D Hughes Communications Galaxy, Inc. ("HCG") hereby consents to Hughes Network Systems, Inc. ("HNS") filing this amendment to SAT—MOD—20011221—00136 effecting a change of the applicant from HCG to HNS. HUGHES COMMUNICATIONS GALAXY, INC. o Lheer Dt NAME: Patrick T. Doyle TITLE: Sr. Vice President and Chief Financial Officer Date: 7/18/02 DC_DOCS\465750.1

Exhibit E, Page 1 of 1 Explanatory Note Regarding Schedules A and B Hughes Network Systems, Inc. EXHIBIT E Pursuant to the Commission‘s Instructions for Completion ofFCC Form 312 Application for Satellite Space and Earth Station Authorizations, Hughes Network Systems, Inc. ("HNS") includes neither Schedule A, which is not applicable to amendments to pending applications, nor Schedule B, which is applicable only to earth station applications. In order to facilitate processing of this minor amendment, however, HNS has provided all relevant information requested by Schedule A on the FCC 312 Main Form and exhibits thereto. DC_DOCSU465749.1


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Document Modified: 2016-12-28 17:33:13
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