Attachment bond rider

bond rider

OTHER submitted by EchoStar

bond rider

2007-03-02

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

IBFS_SATMOD2005093000195_557942

STEPTOE&JOHNSONw ATTORNEYS AT LAW Pantelis Michalopoulos 1330 Connecticut Avenue, NW 202.429.6494 Washington, DC 20036—1795 pmichalo@steptoe.com Tel 2024293000 Fax 2024293902 steptoe.com ??igfiffigi?g??g% March 2, 2007 MAR —2 2007 Federe) Commu 0d nications Commj Aena, ssion Office of the Secretary — 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—20031211—00350, SAT—MOD—20050930—00195, SAT—AMD—20051118—00249 Call Sign $2607 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 $2.25 million to $1.5 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 February 23, 2007, the International Bureau determined that EchoStar had met the Construction Design Review ("CDR") milestone for this space station authorization. See Public Notice, DA 07—813 (rel. Feb. 23, 2007). 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 Red 10760 (2003), and First Order on Reconsideration and Fifth Report and Order, 19 FCC Red 12637 (2004) and Section 25.165 of the Commissions rules, 47 C.F.R. § 25.165(d). WASHINCGTON & NEW YORK e PH OENIX @ LOS ANGELES e LO ND O N & BRUSSELS

STEPTOE&R]JOHNSON u Marlene H. Dortch March 2, 2007 Page 2 Please contact the undersigned if you have any questions about this filing. Respectfullysubmitted, Pantelis Michalopoulos Counselfor EchoStar Satellite Operating Corporation Attachment (Rider for Bond No. 08757321) Co: Andrea Kelly Kathleen Campbell

"LED/AccEP TEp MAR ~2 pogy F@ Fidelity and Deposit Company of Maryland" 131 Cam Home Office: P.O. Box 1227, Baltimore, MD 21203—1227 ga: ? Bond No. 08757321 RIDER To be attached to and form a part of License Bond, No. 08757321 dated the 28"" day of October, 2004 issued by the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, as Surety, on behalf of EchoStar Satellite L.L.C., as Principal, in the maximum penal sum of THREE MILLION DOLLARS ($3,000,000.00), and in favor of 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 of Reconsideration and Fifth 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 that the attached bond be amended as follows: 1. The maximum penal sum of the bond is hereby decreased from TWO MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($2,250,000.00) TO ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ...— ($1,500,000.00) 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 expressly 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 the 23rd day of February, 2007. Signed and sealed this 23rd day of February, 2007. ATTES?’;Z u2 EchoStar Satellite LL.C. / 7/ *_ o* Cw_l Eomm Principal FIDELITY AND DEPOSIT COMPANY OF MARYLAND ACCEPTED: FEDERAL COMMUNICATIONS COMMISSION / ; ~ BY: By: \}/ Mfl»fik%} = {\ Marlene H. Dortch Mona D. Weaver, Attorney—in—Fact Locktox Compantes or Cororabo, Inc.

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, corporations ofthe S @mary and, by M. P. HAMMOND, Vice President, and ERIC D. BARNES, Assistant Secretary, pur in ngzgfiQ’f k@h&m& zrranted by Article V1. Section 2, of the By—Laws of said Companies, which are set forth o sg\;c h@f*é‘é“ angay Vfié}"eby certified to be in full force and effect on the date hereof, does hereby flomnmjga; @;Ltea m\ ‘\f'()‘l\IELL, JR., \ Shelley CZAJKOWSKI, Celeste T. HELMS, Mo. g qg@@ huj JAIN, Katalin CHURCH and Sheila J MONTOYA, all of Denyfi{‘fl Jlgfi h‘éHA trfi‘é%l I/t;ent and Attorney—in—Fact, to make, execute, seal and deliver, fo "ifi@*bjghafi"fissurggf;\a\gé;:a% act and deed: any and all bonds and undertakings, and the execution of squé@ %pnééfi”lémgs ifpt }i_aw\f’ ese presents, shall be as binding upon said Companies, as fully and amply, to all in ts\m{ ""pfi\r@jh lad been duly executed and acknowledged by the regularly elected officers ofthe Companyat it % m Md., in their own proper persons. This power of attorney revokes that issued on behalf of William M ELL, JR., Shelley CZAJIKOWSKI, Celeste T. HELMS, Mona D. WEAVER, Amy WICKETT, dated October 31, 2006. 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 nowin 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 6th day of December, A.D. 2006. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY SEAL)§ | vasen / ~ /7 5 &“‘f ZO’ 4 /%Mé‘;”“ By: %flw‘d Eric D. Barnes Assistant Secretary M. P. Hammond Vice President State of Maryland 55 City of Baltimore _ On this 6th day of December, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, 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, | have hereunto set my hand and affixed my Official Seal the day and year first above written. yatlting, uns ols Lo AIAAZC css Constance 4. 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 ofthe Board, or the President, or any Executive Vice—President, or any ofthe Semior 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 behaif 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 ofthe Companythereto." EXTRACT FROM BY—LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article V1I, Section 2. The Chairman of the Board, or the President, or any Executive Vice—President, or any ofthe 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 ofthe 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 maybe 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, 1 have hereunto subscribed my name and affixed the corporate seals ofthe said Companies, this 23rd day of February _ _ 2007 Assistant Secretary


Document Created: 2007-03-05 12:13:33
Document Modified: 2007-03-05 12:13:33
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