Attachment bond reduction

bond reduction

OTHER submitted by EchoStar

bond reduction

2006-09-21

This document pretains to SAT-LOA-20031215-00355 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2003121500355_534371

STE P TO E &J o H N s o N LLP A T T O R N E Y S AT LAW Pantelis Michalopoulos 1330 Connecticut Avenue, NW 202.429.6494 Washington, DC 20036-1795 pmichalo@steptoe.com Tel 202.429.3000 Fax 202.429.3902 steptoe.com September 2 1,2006 BY HAND Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, SW Washington, D.C. 20554 Re: Bond Reduction for Echostar-121W SAT-LOA-20031215-00355; SAT-MOD-20041 102-00206; SAT-MOD-20050617-00127 Call Sign S2609 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 ’sSpace 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 of the Commissions rules, 47 C.F.R. 9 25.165(d). WASHINGTON NEW Y O R K 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. Respectfully submitted, Counselfor EchoStar Satellite Operating Corporation Attachment (Rider for Bond No. 08757322) Cc: Andrea Kelly Kathleen Campbell

Fidelity and Deposit Company of Maryland "ECNUED lIome Office. P . 0 Box 1227, Baltimore, M D 21203-1227 Rand NO 05757322 2 1 2006 RIDER Fedem/Qmmuniabns Cornmissroo office of sarehry To be attached to and form a part of License Bond, No. 08757322 dated the 28" day of October. 3 0 4 issucd by the FlDELITY AND DEPOSIT COMPANY OF MARYLAND, as Suiety, on behalf of EchoStar Satellite L.L.C., as Principal, in the maximum penal sum of THKEE MILLION DOLLARS ($3.000.000.00). and in favor o f United Stales Treawry, as Obligee In consideration of the premium charged for the attached bond, and in accordance with revised rules governing borids for Geosrationar) Satellite authorizations. In the Matter of Amendment o f the Commission's Space Station Licensin,0 Kules and Policies, First Order ofReconst~~~c.mtron and Fdih Report und Order, FCC 04-147. 2004 FCC LEXIS 3732, which become effective on Septeniber 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) TO TWO MILLION TWO HCNDRED FIFTY THOUSAND DOLLARS ($2,250,000.00) 2. Upon caniplction o f each milestone, coiifirrnation of which will bc 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 8750.000.00via a rider to this bond sent to the Federal Communications Conmussion and the Obligee. Provided, However. that the attached bond shall be subject to all its agreements, limitations and conditions ehcept as lierein expressly madified, and further that the liability of the Surety under the attached bond and the attached bond as amended by this rider shall not he cumulative. This rider shall become effective the 3 1st day of August, 2006. Signed and scaled this 7" day of September, 2006. ATTEST: EchoStar Satellite L.L.C. i. r 3 ,' < , 2 I -- I -- ..- -__ 1 FIDELITY AND DEPOSIT COMPANY OF MARY LAND ACCEPPED: FEDERAL COMMLTICATIONS COMMISSION -- Mona D. Weaver, Attorney-in-Fact 6 J1123

Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN SY IHESL: PRkSEN I'S. rhat the ElUELI I Y A N D UEPOSI I' COMPANY OF MARYLAND, and thc and, by WII L.IAM Shelley CZAJICOWSKI, Cele RQBICHAUD, Amy WICKE 'H its true and Iawhl and purposes, as I f they had been duly executed and at its office 111 Baltimore, Md., in heir own proper persons. HELMS, Gamy L. WESSELINK, Karen A. FEGGES'I'AD, Mona I). WEAVER, Deanna M. ROBICWAUU, Amy WICKETT. doted February 28,2005. The said Assistant Sec~tarydoes hereby ceaf'y that the extract set forth on the rwem side hereof is a !me copy of Arhcle VI, Secrioii 2, of dw By-Laws of said Companies, and is now in force IN Wi"IT\JESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSI?' COMPANY OF MARYLAND, and the COLOUIAL AMERICAN C'ASLJALTY AND SURETY COMPANY, this 10th tiay o f March, A . D 2005 A1"I"EST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Vicc~Prc.5 rcievt State of Fvlaryland ss: City of Baltimore } On thiq 10th day of March, A.D. 2005, before the wbscriber, a Notai-y Public af the Statc of Maryland, duly commissioned and qualified, came W1I.I I A M J MI1,IaS,Vice President, and ERlC D. BARNES, Assistant Secretary of the FIDELI'TY AND DEPOSIT COMPANY OF MARY LAND, and the COLONIAL AMERICAN CASUALTY AND SUIIE'I'Y COMPANY, to nxe personally known 10 be the individuals and offtcers described in and who executed the preceding instrument, and they each acknowledged the execution of the same. and betng by me duly ssorn, severally and each for hirnselt'deposeth and saith, that they are the said officers ofthe Companies aforesaid. and that the seals affixed to the preceding instniinent IS the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such ofkicers were duly affixed and suhscrihcd to the ciaid rnsmmeat by the authority and direction of the said Corporations. IN TESTIMONY WIIEREOF, I have hereunto set my hand and affixed my Official Sea1 the day and year first above written. Citnsmtcr A. Diititt Mmty Pi iblic M y Commission Expiies: July 14, 2007

EXTRACT FROM BY-LAWS OF FIDELtTY AND DEPOSlT COMPANY OF MARYLAND "Article VI, Secticm 2. The C'hairmn of the Board, or the President, or any E x c c u t ~ eVicc-Piesidcnt, or any of thc Senior Vicc-Presidents or Vice-Presidetits specially authorized st) to do by the Board of Directots or by the Executive Conunittee, shall hate p o w r , by and M. ith the concurrence o f the Secretary or any one of the Assistaiit Secretai tes, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the C'oinpany may require, or to authonze any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreenients, deeds, and releases and assignments of judgements, decrees. niortgages and instruments in the nature afmartgages,. .and to affix the seal ofthc Company thcrcto." 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 hare power, by and with the concurrence of the Secretary or any one ofthe Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vne-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, recognrzances, stipulations, policies, contracts, agreements, deeds, and reieases 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 undenigned, 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 m full force and effect on the date of this certificate, and I do further certify that the Vice-President who executed the said Power o f Attorney was one of the additional Vtce-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as prosided m Article VI, Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASLJALTY AND SlJRETY COMPANY. ' n i s Power of Attorney and Certificate may be signed by facsinule under and by authority of thc foltowing rcsolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day o f May, i990 and o f the Board of Directors of the COLONIAL AMERICA5 CASUALrY AND SlRETY COMPAKY at a meeting duly called and held on the 5th day of May, 1994 RESOLVED: "That the facsimilc or niechanically reproduced sen1 of the company and facsimile or mecllonicaily ieproductrd signature of any Vice-Pr~sident,Secretary. or Assistant Secretary of the Company, uhether made heietofore 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. 1 have hereunto subscribed my name arid affixed the corporate seals of the said Companies,


Document Created: 2006-09-25 11:26:23
Document Modified: 2006-09-25 11:26:23
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