Attachment bond reduction

bond reduction

OTHER submitted by EchoStar

bond reduction

2006-09-21

This document pretains to SAT-MOD-20050930-00195 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2005093000195_531280

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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