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-MOD-20050308-00059 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2005030800059_1172930

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


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