Attachment bond

bond

SUBMISSION FOR THE RECORD submitted by EchoStar

bond

2004-04-07

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

IBFS_SATLOA2003082700186_368825

- .. ST E P T O E &_lo H N S ON A T T O R N E Y S AT LAW LLP ORIGINAL 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 RECEIVED April 7,2004 APR -7 2004 Via HAND DELIVERY kEMpW COMMUNICAl~IONSCOMMISiOFI OFFICE OF THE SECRETARY Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, SW Washington, D.C. 20554 Re: Bond Filing for EchoStar Satellite L.L.C. SAT-LOA-20030827-00186,SAT-AMD-20031203-00345,Call Sign S2499 (Granted Mar. 8,2004) IBFS Reference Number 2004040617391780 Dear Ms. Dortch Pursuant to the terms and conditions of the above-referenced authorization, 47 C.F.R. 8 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. While an electronic copy of this bond was filed yesterday, April 6,2004, through the International Bureau Filing System (IBFS reference number 2004040617391780), we have been unable to verify that the document was properly uploaded. Out of an abundance of caution, EchoStar is today submitting hard copies to ensure that the bond is treated as having been timely filed. 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. Respectfully submitted, Philip L. Malet Counsel for Echostar Satellite L.L. C.

STE P T O E &loH N s o N LLP Marlene H. Dortch April 7,2004 Page 2 Attachment (License and/or Permit Continuous Bond No. 08727168) Cc: Jennifer Gilsenan

T h i s bond is executed i n d u D l i c a t e . Bond No. 08727168 License and/or Permit Continuous Bond KNOW ALL MEN BY THESE PRESENTS, that we, EchoStar Satellite L.L.C. (formerly known 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 sum of Five Million Dollars ($5,000,000.00), as such maximum penal sum may be reduced pursuant to 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, firmly, 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-20030827-001 86, SAT-AMD-2003 1203-00345, Call Sign S2499, in accordance with the t e r m 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 fill 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 (3/8/2005); b. Complete the Critical Design Review within two years (3/8/2006); C. Commence construction within three years (3/8/2007); and d. Launch and begin operations within five years (3/8/2009). 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 confirming same, the maximum penal sum 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 (i.e., 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. 1 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: Surety Claims 3910 Keswick Rd Baltimore, MD 2 12 1 1 To the Principal: EchoStar Satellite L.L.C. Attn: General Counsel 960 1 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 sum of this bond. PROVIDED FURTHER, that this bond shall be effective on the 5th day of April, 2004, and shall cease at such time as the FCC confirms 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 5" day of ADril, 2004. Principal: EchoStar Satellite L.L.C. Surety: FidF!y and Deposit Company of Maryland e. By: Tit1e:A ttor&-y-in-$nct -2-

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 ROGERS, Vice President, and T. E. SMITH, Ass deliver, for, and on and the execution of such bonds or unde fully and amply, to William M. O'CO L. POPPE, Shelley CZAJKOWSKI, Celeste T. MOORE-HELMS, Debbie A. HASLAM, Garry L. WESSELINK, Karen A. FEGGESTAD, dated September 25,2001. The said Assistant Secretary does hereby cert@ 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 15th day of April, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland City of Baltimore 1 ss: On this 15th day of April, A.D. 2003, before the subscriber, 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 affixed and subscribed to the said instrument by the authority and direction of the said Corporations. M TESTIMONY WHEREOF, I have hereunto set my hand and affixed 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, 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 111 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 Attomey-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, 5th April 2004 this day of , Assistant Secretary


Document Created: 2004-04-13 15:27:05
Document Modified: 2004-04-13 15:27:05
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