Attachment bond

bond

OTHER submitted by Rainbow

bond

2004-02-24

This document pretains to SAT-LOA-20030827-00173 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2003082700173_370684

c 7' Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. 701 Pennsylvania Avenue, N.W. Washington, D.C. 20004 Benjamin J. Griffin 2024347300 Christopher R. Bjornson 202 434 7400 fa Direct dial 202 661 8720 bgr?rjinn@mine.com Office of the Secretary FEB - 4 2004 Federal Communications Commission The Portals 445 12th Street, SW Room TW-A325 Washington, D.C. 20554 Re: Bond Filing, Rainbow Ka 3 Satellite, Rainbow SAT-LOA-20030827-001 73, as amended SAT-AMD-20031009-00312, Call Sign S2486 Dear Ms. Dortch: On behalf of Rainbow DBS Company LLC, and pursuant to the procedures set forth in the First Space Station Reform Order, and the'Public Notice issued by the International Bureau on August 6,2003 @A 03-2602,18 FCC Rcd 16283), we hereby submit the attached bond in connection with the Rainbow Ka 3 satellite (SAT-LOA-20030827-00173, as amended SAT-AMD- 2003 1009-00312, Call Sign S2486). Once launched, the satellite will operate at 77" W.L. As required by the Public Notice and 47 CFR 0 1.51(~)(2),we are transmitting five copies of the bond along with an extra copy. Please date-stamp the extra copy and return it with our messenger. If you have any questions regarding the foregoing, please contact the undersigned. Christopher R. Bjornson Counsel for Rainbow DBS Company LLC Boston Washingfon Reston New York New Haven Los Angeles London

Federal Communications Commission (FCC) Ka-Band Satellite License Payment Bond BOND NUMBER 104236764 KNOW ALL PERSONS BY THESE PRESENTS, That Rainbow DBS Company LLC (hereinafter called the Principal), and Travelers Casualty And Surety Company of America, a corporation of the State of Connecticut (hereinafter called the Surety). arc held and firmly bound unto the United States Treasury (hminafter called the Obligee), in the maximum penal sum of FIVE MILLION DOLLARS (SS,OOO,OOO.OO) to the payment of which sum, well and truly be made, the Principal and Surety bind themselves, and each of their heirs, administrators, executors and assigns. jointly and scvcrally, fimly by t h a e pments. Regardless of the number of yws this bond may in fom, the aggregate liability of the Surety payable under this bond shall not be cumulative and is limited to the stated maximum penal sum. WHEREAS, the Principal's application, SAT-LOA-20030827-00173, as amended SAT-AMD-2003 IOW-OO312 Call Sign S 2486 has been granted by the Federal Communications Commission ("FCC") and the Principal is authorized to launch and opaatc its Rainbow Ka 3 satellite at 77 degrees West Longitude in accordance with the terms and conditions set forth in its authorization which authorimtion is hereby referred to and made a part of hereof. WHEREAS, the Principal must file a payment bond with the FCC pursuant to the pmccdum set forth in Public Notice, DA 03- 2602,18 FCC Rcd 16283 (2003) within 30 days of the application being g r a n d . NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,that if the Principal shall well and truly pctfom each and every obligation in said application at the time and in the manner specified during the term of this bond, then this obligation shall be void, o t h a w k to remain in W1 forcc and effect PROVIDED, HOWEVER, That this bond is subject to the following c o n d i h s : 1. binbow Ka 3 must be consbuctal, launched, and placed into operation in sccordance with the technical paramctm and tcrms and conditions of the grant authorization by the following specified time pcriodsrnilcstones. a Execute a binding contract for construction withim one ytar (lW2005) b. Complete the Critical Design Review within two yem (1/5/2006) c. Commence construction within three years (1/5/2007) d. Launch and begin operations within five yean (l/S/2009) 2. Upon completion of each milestone, confirmation of which will be filed with the FCC by Principal. and issuance of a Public Notice by the FCC confirming same, the maximum penal sum of the bond shall be d u c e d by 25% (~1,250,000.00) via a rider to this bond sent to thc FCC and the Obligee. 3. In the event of a Notice of Default (Le. an order or public notice revoking Rainbow DES' authorization) issued by the FCC to the Principal and the Surety regarding the pcrformance of the milatoncs specified above during the term of this bond, the Surety shall be liable only up to the current outstanding maximum p a l sum amount after milestone reductions. It is also understood and unconditionally agreed that upon receipt of such Notice of Default, the sole m e d y under this bond will bc the tendcr of payment of the current outstanding maximum pcnal sum of the bond (taking into account subsequent rides to the maximum penal sum of the bond dcsaibed above) within thirty (30) business days of such Notice of Default. Any such Notice of Default made under this Bond shall be made in writing and shall be given by a personal delivery or expcditcd delivery service, postage prepaid, addressed to the patties at the addmses specified below. To the Surety: Travelers Casualty and Surety Company of Amen- Om Tower Square, 3 PB Hattford CT 06 183-9062 Attention: Bond Claim

1 To the Principal: Rainbow DBS Company LLC 200 Jericho Quadrangle Jericho, NY I1753 4. No right of action shall a c m e on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successo~sof the Obligee. 5. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this bond and as described in other documents, statutes or regulations, then the terms of this bond shall prevail. This bond shall bc effective on the 2nd day of February,2004. and shall cease at such time as the FCC confirmsthat the Principal has satisfied all of the milestones set forth in paragraph 1. By: M& (Witness) Surety: Tpvelers Casualty_& Surety Company of America WDC 343002~1

Travelersn IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program- under which the Federal Government will share in the payment of covered losses caused &.ce&in acts of intemational-tmorjsmr -WeatAprxlvidjngyou-with this notice* i n m - y e u of-tha key-fkaturesuf the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused , by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium,

POWER OF A"0RNEY AND CERTIFICATE OFAWTEORlTY OF A"'IVRNEY(S)-IN-FACI' _. . .

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I TRAVELERS CASOALMAND WRENOOMPANVOFAMERICA HARlFORO, CONNECWVT 06189 FINANCUL STATEMENT AS OF OECEMBER S 1 . W AS FKED IN WE STATE OF NEW YORK CAqlTAL STOCK tS~OOO,OOO ASSETS I I t UNEARNED PREMIVMS LOSSES LOSS u U U S " T EXPENSES ACCRUE0 MpEN8ES AN0 OTHER UABIUTEB PROMSION FOflRUNSURANCE PAYABLE FOR SKXrUmkS totAL TOTAL


Document Created: 2004-04-27 15:27:17
Document Modified: 2004-04-27 15:27:17
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