Attachment Bond rider July 13 2

Bond rider July 13 2

SUBMISSION FOR THE RECORD submitted by EchoStar

bond rider

2005-07-13

This document pretains to SAT-LOA-20030827-00186 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2003082700186_1172928

                                   STEPTOE&JOHNSON«w
                                            ATTORNEYS AT         LAW                                ORIGINAL
Pantelis Michalopoulas                                                                        1330 Connecticut Avenue, NW
202429 6494                                                     io                             Washington, DC 20036—1795
pmichalo@steptoe.com                                            PW:            '                          Tel 2024293000
                                                                                                          Fax 202.429.3902
                                                             JUL      1   4                                    steptoe.com


                                                              Policy Branch
                                                           international Bureau


                                                July 13, 2005

                                                                          RECEIVED
BYHAND                                                                        JUL 1 3 2005
  h8           i
         — Dortch                                                  Federal Communications Commission
Marlene H.                                                                    Office of Secretary
Secretary
Federal Communications Commission
445 12th Street, SW
Washington, D.C. 20554



Re:       Bond Reduction for EchoStar—97W
          SA7—AMD—20031203—00345, SAT—LOA—20030827—00186, SAT—MOT}—20050308—00059
          Cail Sign $2489

Dear Ms. Dortch

                 EchoStar Satellite L.L.C. ("EchoStar") hereby files the attached bond rider with the
Commission reducing the amount of the performance bond for the above—referenced space station
authorization from $3 million to $2.25 million. Please find attached five copies of the bond rider, and
one additional copy to be date—stamped and returned to the undersigned with our messenger.

                On June 24, 2005, the International Bureau determined that EchoStar had met the
contract execution milestone for this space station authorization. See Public Notice, DA 05—1772 (rel.
June 24, 2005). As a result, EchoStar is entitled to reduce the amount of the bond for this authorization
by 25% as provided in Amendment of the Commission‘s Space Station Licensing Rules and Policies,
First Report and Order and Further Notice of Proposed Rulemaking, IB Docket No. 02—34, 18 FCC Red
10760 (2003), and First Order on Reconsideration and Fifth Report and Order, 19 FCC Red 12637
(2004).




              WASHINGTO N          P H O ENTX       LOS ANGELES               LOND O N              BRUS S ELS


                                                                               STEPTOE&JOHNSONw

Marlene H. Dortch
July 13, 2005
Page 2


               Please contact the undersigned if you have any questions about this filing.

                                             Respectfully submitted,


                                                   Paudeles /Ufozflf?%w(h [Dca
                                             Pantelis Michalopoulos
                                             Counsel for EchoStar Satellite LL.C.

Attachment (Rider for Bond No. 08727168)

ce:      Jacki Ponti
         Kathleen Campbell


       F&m                   Fidelity and Deposit Company of Maryland
                                         Home Office: P.O. Box 1227, Baltimore, MD 21203—1227
                                                                                        Bond No. 08727168

       F4                                                       RIDER


        To be attached to and form a part of License Bond, No. 08727168 dated the 5® day of April, 2004 issued by the
   FIDELITY AND DEPOSIT COMPANY OF MARYLAND, as Surety, on behalf of EchoStar Satellite LL.C.(formerly
   known as EchoStar Satellite Corporation), as Principal, in the maximum penal sum of THREE MILLION DOLLARS
   ($3,000,000.00) and in favor of the United States Treasury, as Obligee.

        In consideration of the premium charged for the attached bond, and in accordance with revised rules governing bonds for
   Geostationary Satellite authorizations, In the Matter of Amendment of the Commission‘s Space Station Licensing Rules and
   Policies, First Order on Reconsideration and Fifth Report and Order, ECC 04—147, 2004 FCC LEXIS 3782, which become
   effective on September 20, 2004, 69 Fed. Reg. 51586 (Aug. 20, 2004), it is hereby agreed that the attached bond be amended
   as follows:

       1. The maximum penal sum of the bond is hereby decreased from THREE MILLION DOLLARS ($3,000,000.00)
   to TWO MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($2,250,000.00).

        2.   Upon completion of each milestone, confirmation of which will be filed with the FCC by the Principal, and issuance
   of a Public Notice confirming same, the maximum penal sum of the bond shall be reduced by $750,000.00 via a rider to this
   bond sent to the Federal Communications Commission and the Obligee.

       Provided, However, that the attached bond shall be subject to all its agreements, limitations and conditions except as
   herein sxpressly modified, and further that the liability of the Surety under the attached bond and the attached bond as
   amended by this rider shall not be cumulative.

        This rider shall become effective as of the 24th day of June, 2005.

        Signed, sealed and dated this 27"" day of June, 2005.



   ATTEST:                                                         EchoStar Satellite L.L.C.(formerly known as EchoStar
                                                                   Satelhte Corporation)


         AU)M ZDA/‘,HD/\ .                                          Ts«Q\ GZ)*\C—————-
             /      fl                                                                           CWrincipal



                                                                   FIDEL(TY AND DEPOSIT COMPANY OF                RYLAND


                       &
                  LOCKTORNE®
                                                                              MUUW)
         Locxton Compantes or Cororabo, Inc.                           Amy Wickett, Afiey—in—Fact
10 East Union Avenue /Suite 700 / Denver, CO 80237—298%4
           (303)414—6000/FAX: (303) 865400




       J1123


                                       Power of Attorney
                        FIDELITY AND DEPOSIT COMPANY OF MARYLAND
                     COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporatlonsof               Sg,ate\
                                                                            the     aryland, by WILLIAM
J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursu         nted by Article V1I,
Section 2, of the By—Laws of said Companies, which are set forth ontl      and   gfi;reby certified to be in
full force and effect on the date hereof, does hereby
                                                   nomina          taz
                                                                    a po                NNELL, JR.,
Shelley CZAJKOWSK1I, Celeste T. HELMS                                      STADMona D. WEAVER,
Deanna M. ROBICHAUD and AmLYYfiKE                                                           H its true and lawful agent and Attorney—
in—Fact, to make, execute, se                 y dnd              s ety,and as its act and deed: any and all bonds and
undertakings, and g@ggq‘gn such,bgnfié            d           mosin pursuance of these presents, shall be as binding upon said
Companies, as fully‘a‘fi     Lfi       @nd’purposes as if they had been duly executed and acknowledged by the
regularly elected otf'
                     Qf@C             ny at its office in Baltimore, Md., in their own proper persons. This power ofattorney
revokes that issued oq        f William M. O‘CONNELL, JR., Shelley CZAJIKOWSKI, Celeste T. HELMS, Garry L.
WESSELINK, Karen A. FEGGESTAD, Mona D. WEAVER, Deanna M. ROBICHAUD, Amy WICKETT, dated April 21,
2004.
  The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By—Laws of said Companies, and is now in force.
  IN WITNESS WHEREOF, the said Vice—President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 28th day of February, A.D. 2005.

ATTEST:                                                        FIDELITY AND DEPOSIT COMPANY OF MARYLAND
                                                        COLONIAL AMERICAN CASUALTY AND SURETY COMPANY




                                                  Lc 2, leeacf—
                                                                                      By:
                                          Eric D. Barnes        Assistant Secretary          William J. Mills         Vice President
   State of Maryland      ss
   City of Baltimore

  On this 28th day of February, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, 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 affixed 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 affixed my Official Seal the day and year first above
written.



                                                                                      FA                 y7j    L03
                                                                                      L{}"rvd’:;:‘/r()’('., LA . h.antrencs


                                                                            Constance A. Dunn                         Notary Public
                                                                                   My Commission Expires: July 14, 2007




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, 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."

          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 AMERICAN 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 certify that the Vice—President who
executed the said Power of Attorney 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 AMERICAN 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 heretofore 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 affixed the corporate seals of the said Companies,



this   __27th        day of          June                    ,   2005

                                                                                         7              F0 Ra,
                                                                                      (/.:.——vf't’/:x;‘"f\(:c / 1[1‘1,1"";\‘\/
                                                                                                 /J                     62e
                                                                                              Assistant Secretary



Document Created: 2017-02-01 15:44:27
Document Modified: 2017-02-01 15:44:27

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