Attachment bond

This document pretains to SAT-LOA-20030827-00177 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2003082700177_370683

ST E PTO E &Jo H N s o N LLP A T T O R N E Y S AT L A W Philip L. Malet 1330 Connecticut Avenue. NW 202.429.6239 Washington, DC 20036-1795 pmalet@steptoe.com Tel 202.429.3000 Fax 202.429.3902 steptoe.com January 7,2004 Via HAND DELIVERY Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, SW Washington, D.C. 20554 Re: Bond Filing for EchoStar-123W SAT-LOA-20030827-00177, Call Sign S2490 (granted Dec. 8,2003) Dear Ms.Dortch Pursuant to the terms and conditions of the above-referenced authorization, 47 C.F.R. Ej 25.149 and the Public Notice, DA 03-2602, 18 FCC Rcd 16283 (2003), EchoStar Satellite L.L.C. (formerly known as EchoStar Satellite Corporation) hereby files the attached bond with the Commission in the amount of $5 million. Please find attached five copies of the bond, and one additional copy to be date-stamped and returned to us with our messenger. Please contact the undersigned if you have any questions about this filing. Respectfklly submitted, Pantelis Michalopoulos f Philip L. Malet Attachment (License and/or Permit Continuous Bond No. 087271 20) WASHINGTON PHOENIX LOS A N C E L E S LONDON BRUSSELS

aaaa January 7,2004 Page 2 Cc: Jennifer Gilsenan Fern Jarmulnek

Bond No. 08727120 License and/or Permit Continuous Bond KNOW ALL MEN BY THESE PRESENTS, that we, EchoStar Satellite L.L.C. (formerly hown as EchoStar Satellite Corporation), as Principal, and Fidelity and Deposit Company of Maryland, as Surety, are held and firmly bound unto the United States Treasury, as Obligee, in the maximum penal s u m of Five Million Dollars (S5,000,000.00), as such maximum penal s u m may be reduced pursuant io the terms and conditions set forth below, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, f d y , by these presents. WHEREAS, the above bounden Principal has obtained a license or permit from the Federal Communications Commission (“FCC”) for authority to construct, launch and operate a Geostationary Satellite pursuant to its application, SAT-LOA-20030827-00177, Call Sign ’32490, in accordance with the terms and conditions set forth in its authorization, including the filing of this bond with the FCC pursuant to the procedures set forth in Public Notice, DA 03-2602,18 FCC RCd 16283 (2003); and WHEREAS, the Principal is required by law to file with the FCC a bond conditioned as hereinafter set forth; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall well and truly perform each and every obligation set forth below at the time and in the manner specified during the term of this bond, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED HOWEVER, that this bond is subject to the following conditions: 1. The Geostationary Satellite authorized by the FCC must be constructed, launched and placed in operation in accordance with the technical parameters and terms and conditions of the grant authorization by the following specified time periods (milestones): a. Execute a binding contract for construction within one year (12/08/2004); b. Complete the Critical Design Review within two years (12/08/ 2005); C. Commence construction within three years ( 12/08/2006);and d. Launch and begin operations within five years (12/08/2008). 2. Upon completion of each milestone, confirmation of which will be filed with the FCC by the Principal, and issuance of a Public Notice by the FCC codirming same, the maximum penal s u m of the bond shall be reduced by $1,250,000.00 via a rider to this bond sent to the FCC and the Obligee. 3. In the event of a Notice of Default (Le., an order or public notice revoking the Principal’s authorization) issued by the FCC to the Principal and the Surety regarding the performance of the milestones specified above during the term of this bond, the Surety shall be liable only up to the current outstanding maximum penal sum amount after applicable milestone reductions. It is also understood and unconditionally agreed that upon receipt of such Notice of Default, the sole remedy under this bond will be the tender of payment of the current outstanding maximum penal sum of the bond 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 expedited delivery service, postage pre-paid, addressed to the parties at the addresses specified below: To the Surety: Fidelity and Deposit Company of Maryland Attn: SuretyClaims 3910 Keswick Rd Baltimore, MD 2 1211 To the Principal: EchoStar Satellite L.L.C. Attn: General Counsel 9601 S.Meridian Blvd. Englewood, CO 801 12

4. No right of action shall accrue 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 successors of 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. PROVIDED FURTHER, that regardless of the number of years this bond shall continue or be continued in force and of the number of premiums that shall be payable or paid the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the current outstanding maximum penal s u m of this bond. PROVIDED FURTHER, that this bond shall be effective on the 7* day of January, 2004, and shall cease at such time as the FCC c o n f i i that the Principal has satisfied all of the milestones set forth in paragraph 1 above, unless earlier cancelled as provided below. PROVIDED FURTHER, that if the Surety shall so elect, this bond may be cancelled by the Surety as to subsequent liability by giving thirty (30) days notice in writing to said Obligee and Principal. Signed, sealed and dated the 7" day of January, 2004. By: Name: Ckk.rlc5- E y l Title: C h ; r m a c c .t...u\d CCO Surety: Fidelity and Deposit Company of Maryland A By: Title:A tton&-in-Fact

Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND S U R E N COMPANY KNOW Au MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSlT COMPANY OF MARYLAND, and the COLoNlAL AMERICAN CASUALTY AND SURETY COMPANY,corporations aryland, by PAUL C. Article VI,Section 2, of the By-Laws of said Companies, which d tu be in 111 force and effect on the date hereof, does hereby william M.O’C HASLAM, Garry L. WESSELINK, Karen A. FEGGESTAD, dated September 25,2001. The said Assistaut secretary does hereby cemfy that the extract set forth on the reverse side bereof is a t n e copy of Article VI, Section 2, of the By-Laws of said Companteq and is now in force. IN WITNESS WHEREOF,the said Vice-president and Assistant Secretary have hereunto subscriied their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAM), and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 15th day of April, A.D. 2003. A’ITEST FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY T.E. Smith Assistant Secretary Paul C. Rogers Vice President City of Baltimore 1 State of Maryland ss: On this 15th day of April, A.D. 2003, before the s u b m i , a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL. C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affied and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and a f i e d my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 020-5028

EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND “Article VI, Section 2. The chairman of the Board, or the President, or any Executive Vice-president, or any of the Senior Vice-presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, OT to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal ofthe Company thereto.” EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY “Article VI, Section 2. The chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ...and to affix the seal of the Company thereto.” CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMENCAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further c- that the Vice-President who executed the said Power ofAttorney was one of the additional Vice-presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AhGRICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: “That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-president, secretary, or Assistant Secretary of the Company, whether made heretofoxe or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.” IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affied the corporate seals of the said Companies, this 7th day of January , 2004 ,

F’IDELITY AND DEPOSIT COMPANY OF MARYLAND 3910 KESWICK ROAD, BALTIMORE, MD 21203 Statement of Financial Condition As Of December 31,2002 ASSETS Bonds.................. !............................................................................................................................. 0 107,143,441 Stocks ............................................................................................................................................... 45,178,462 Mortgage Loans................................................................................................................................ 4,000,000 Cash iu Banks and Offices and Short Term Investments.................................................................. 564,304 Other Accounts Receivable .............................................................................................................. 1,514,882 TOTAL ADMITTED ASSETS......................................................................................................... $ . 158,401,089 r d LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses ...................................................................................................... $ 252,996 TOTALLIABILITIES .................................................................................................................... S 252,996 Capital Stock, PaidUp ........................................................................................ S 5,000,000 Surplus................................................................................................................. 153,148,093 Surplus as regards Policyholders ...................................................................................................... 158,148,093 TOT^......................................................................................................................................... S 158,401,089 Securities carried at $19,249,112 in the above statement are deposited as required by law. Securities carried on the basis prcscribd by the National Association of Insurance Commissioners. On the basis of December 31,2001 market quotations for all bonds and stocks owned, the Company’s total admitted assets would be $160,417,836 and surplus as regards policyholders $160,164,840. I, DAVID A. BOWERS,Corporate Secretary of the FIDELITYAND DEPOSIT COMPANYOF MARYLAND,do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 3 1st day of December, 2002. Corporate Secretary State of nlinios CityofSchaumburg } ss: , Subscribed and sworn to, before me. a NotPry Public of the State of Illinois, in the Cily of Schrumburg, this 18th day of February, 2003. MARL0 G.SARARYN Notary Public Notary Public, State of Illinois /My Comtnission Expires 02/24/2004 I My Corrnnission c x p h F e h y 24.2004.


Document Created: 2004-04-27 15:24:45
Document Modified: 2004-04-27 15:24:45
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