Attachment bond reduction

bond reduction

OTHER submitted by EchoStar

bond reduction

2006-09-21

This document pretains to SAT-LOA-20031211-00350 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2003121100350_531258

                                                  ST E P TO E &J o H N s o N                LLP

                                                       ATTORNEYS           AT   LAW



             Pantelis Michalopoulos                                                               1330 Connecticut Avenue, NW
             202.429.6494                                                                          Washington, DC 20036-1795
             prnichalo@steptoe.com                                                                          Tel 202.429.3000
                                                                                                             Fax 202.429.3902
                                                                                                                  steptoe.com
                                                          RECEIVED

                                                      Federal Communications Cornmissiorr
             September 21,2006                                 Off ice of Secrt3ta-y




             BY HAND

             Marlene H. Dortch
             Secretary
             Federal Communications Commission
             445 12th Street, SW
             Washington, D.C. 20554

             Re:           Bond Reduction for EchoStar-109W
                           SAT-LOA-2003121 1-00350; SAT-MOD-20050930-00195
                           Call Sign S2607

             Dear Ms. Dortch

                             EchoStar Satellite Operating Corporation (“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 us with our messenger.

                             On September 1,2006, the International Bureau determined that EchoStar had met the
             Contract Execution milestone for this space station authorization. See Public Notice, DA 06- 1752 (rel.
             Sep. 1,2006). As a result, EchoStar is entitled to reduce the amount of the bond for this authorization
             by $750,000 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 Rcd. 10760 (2003), and First Order on Reconsideration and Fifth Report and Order, 19 FCC Rcd.
             12637 (2004) and Section 25.165 ofthe Commissions rules, 47 C.F.R. 5 25.165(d).




             WASHINGTON                NEW YORK        PHOENIX               LOS    ANCELES       LONDON           BRUSSELS

__ - __   _I__


                   1   1


Marlene H. Dortch
September 2 1, 2006
Page 2


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




                                            Counselfor EchoStar Satellite Operating Corporation

Attachment (Rider for Bond No. 08757321)

Cc:    Andrea Kelly
       Kathleen Campbell


                       Fidelity and Deposit Company of Maryland "                                            Ee~rp~~
                                  Home Office. P.O. Box 1227, Baltimore, MI) 21203-1227




      To be attached to and form a part of License Band, No. 08757321 dated the 28Ih day of October. 2004 issued by the
FIDELITY AND DEPOSIT COMPANY OF MAKYLAND, as Surety, on behalf of EchoStar Satellite L.L.C.,as Principal,
in the maximum penal sum o f THREE MILLION DOLLARS ($3,000,000 OO), and in favor of Uiiited States Treasury, as
Obligee

     In consideration of the pretiuum charged for the attached bond, and in accordance with revised rules governing bonds for
Geostationary Satellite authorizations, In the hifatter of Amendment of the Commission's Space Station Licensing Rulcs i d
Policies, First Order of Reconsrdemtion and F@h Report and Order, FCC 04-147, 2004 FCC LEXIS 3782, which become
effective on September 20, 2004. 69 Fed. Reg. 51586 (Aug 20, 2004), it IS hereby agreed t l m the attached bond be amended
a5 fullows

    1.   'fie maximum penal sun) of the bond is hereby decreased from THREE MiLLfON DOLLARS ('S3,000.0o0) TO
            *rwoMILLION TWO HUNDRED FIFTY - r H o m A N D DOLLARS (92,250,000.00)
    2    Upon completion of each milestone, confirnlation of which will be filed with thc FCC by the Principal, and issiunce
           of a Public Notice confiming same, thc maximum penal sum of the bond shall be reduced by $750,000.00 via a
           rider to this bond sent to the Federal Communications Cammrssion and the Obligee.

        Provided, However, that the attached bond shall be subject to a11 its agreements, linlitatioiis and conditions except as
herein expressly modified. and further that the liability of the Surety under the attached bond and the attached bond as
amended by this rider shall nut he cumulative.

         This rider sliall become cffcctive the 3 ist day of August, 2006

         Signed and sealed this 7* day of September, 2006.

ATTEST:                                                        EchoStar Satellite L.I..C.
                                                                                              I




                                                               FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ACCEPTED:
FEDERAL C0MMU"CATIONS COMMISSION


                                                                    Motin D. Weaver, Attoniey-in-Faci


                                      Power of Attorney
                       FIDELITY AND DEPOSIT COMPANY OF MARYLAND
                    COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN 'BY 'TIlESE PRESEN'IS- '13at the FIDELI'IY AND UEPOSI'I COMPANY OF MAKYLANI), and the

J. MILLS, Vice President. and ERIC D. BARNES. Assistan
Section 2, of the By-Laws of sard C'oqanies. which are set
full force and effect on the date hereof, does hereby 110ni

                                                                                                          orado, EACH its true and lawful



                                                      the Company at its office in Baltiniore, Md., in their OWTI proper persons.
                                                     nlfof William M. O'CONNEIL, JR., Shelley CZAJKOWSKI, Celeste T.
HELMS, Garry L, WESSELINK, Karen A. FEGGESTAD, Mom D. WEAVER, Deanrlil M. ROBICNAUD, Amy
WIUKETT, dated February 28,2005.
  The said As..istant Secretary does hereby cettifj~that the extmct %t forth on the reverse side hereof is a true copy of Amcle VI,
Section 2, of tlic: By-Lawsof sixid Companies, and is now 111 force.
   IN WITNESS WHEREOF, t i e said Vice-President and Assistant Secretary have hereunto subscribed their times and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND" and the COLONIAL
AMERICAN CASUALTY AND SL!REI'Y COMPANY, this 10th day of March, A.D. 2005.

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




    State of Maryiand
    City of Baltimore  I  ss:

   On thi5 10th day of March, A D . 200s. before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILI,IAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY 01;MARYLAND. and the COLONIAL AMERICAN CASUALTY AND
SURE'I'Y COMPANY, to me personally known to be the individuals and oficers described in and who executed the
preceding mns~mment,and they each acknowledged the execution of the sane, and being by me duly sworn, severally and
each fbr himself cleposeth and saith, that they are the said oficers of the C'ompames aforesaid, and that the seals affixed to the
preceding instrunlent 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 instrnment by the authority and dnection o f the said Corporations.
   IN TESTIMONY WHEREOF, 1 have hereunto set niy hzand and afExed my Official Sval itie day and year tiist above
written.




                                                                          ~ u r r ~ t r i n c r ? Ltunn                     IVOtllrJ   Puhlrc
                                                                                   My Commrssittn Expucs: July 14. 1007


              EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND

  “Article VI, Section 2. The Chatman of the Board, or thc Prcsidcnt, oi any Executive Vice-President. or any of the Senior
Vice-Presidents or Vice-Presidents specially authorircd so to tlo by the Board of Ditectors o r by the tlvccutivc Cornniittce,
shall have power, by md with the concurrence of the Secretary or any one of the Assistant Secretaiies, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business o f 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 assignmerits of judgerxwits, 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 Chalnnan of the Board, or the President, or any Executive Vice-President, or any of the Senioi
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 Compaiiy 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 m
the nature of mortgages,.. and to a f i x the seal of the Company thereto ”

                                                        CERTlFlCATE

   I, thc undersigned, Assistant Secretary of the FIDBL17‘Y AND DEPOSlT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SLRETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in Full force and effect on the date of this certificate: and 1 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 AMERIC‘AN CASUALTY AND SURETY COMPANY
   This Power of Attorney and Certificate may be signed by facsirmle under and by authonty ofthe followmg resolution o f the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the loth day of May, 1990 and of the Board of Directors of the COLONIAL AMkKIC‘AN C‘ASUAL‘LY AND SUKE‘IY
COMPANY at a nieeting duly called and held on the Sth day ofMayy 1994.
   RESOLVED: ”That the facsimle or mcchaiiically reproduced seal of the contpany and facsimle or mechanically
I eproduced signature of any Vrcr-President, Secretdry, or Assistant Secretary of the Company, %herher 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 I‘ESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the sad Companies,



Document Created: 2006-09-25 11:23:38
Document Modified: 2006-09-25 11:23:38

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