Attachment bond

bond

OTHER submitted by EchoStar

bond

2008-03-31

This document pretains to SAT-MOD-20061218-00154 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2006121800154_634221

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

                                          A T T O R N E Y S AT L A W



 Pantelis Michalopoulos                                                                        1330 Connecticut Avenue, NW
 202.429.6494                                                                                   Washington, DC 200364795
 prnichalo@steptoe.com                                                                                    Tel 202.429.3000
                                                FILED/ACCEPTED                                             Fax 202.429.3902
                                                                                                               steptoe.com
                                                    MAR 3 12008
                                                Federal Communications Commission
                                                       Ofticeof the Secretary


March 3 1,2008



BY HAND

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

Re:     Bond Reduction for Echostar-113W
        SAT-L0A-20040803-00154; SAT-MOD-20051007-00198; SAT-MOD-20061218-00154
        Call Sign S2636

Dear Ms. Dortch

                 EchoStar Corporation (“EchoStar”) hereby submits two bond riders (see attached)
substituting (1) EchoStar Holding Corporation for EchoStar Satellite L.L.C., and then (2) EchoStar
Corporation for EchoStar Holding Corporation, as the named principal on the performance bond
submitted in connection with the above-referenced space station authorization. These substitutions
reflect (1) the pro forma assignment and transfer of control of this authorization to EchoStar Holding
Corporation, as approved by the International Bureau on November 15,2007, and consummated on
January 1,2008; and ( 2 ) the fact that EchoStar Holding Corporation changed its name to EchoStar
Corporation on January 25,2008. See File Nos. SAT-ASG-20071108-00153, SAT-T/C-20071108-
001 5 1; Letter from Petra A. Vonvig, Counsel for EchoStar Holding corporation, to Marlene H. Dortch,
Secretary, FCC (filed Jan. 8,2008); Letter from Pantelis hlichalopoulos, Counsel for EchoStar
Corporation, to Marlene H. Dortch, Secretary, FCC (filed Jan. 31,2008). All other terms and conditions
of the bond, including the bond amount, remain unchanged.




WASIiINGION               NEW YORK      PHOtNIX             LOS    ANCELLS                *   lONDON           BKUSSt1.S


                                                                              ST E P TO E   oHNsoN   ILP




Marlene H. Dortch
March 3 1,2008
Page 2


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

                                            Respectfully submitted,



                                            Counselfor EchoStar Corporation


Attachment (Rider for Bond No. 08757320)

cc:
Andrea Kelly, International Bureau


                                    G E N E U L SURETY RIDER


    To be attached and form a part of


               Bond No. :08797320

          Original Effective Date: 10/28/2004


             Executed by: EchoSfPr Satellite L.L.C.,as Principal,
                               (PWYCIPAL)

                  mnd by: F'idelitv and DtDosit CornDanv of Mawland, as Surety,
                          (smnu,
          and in favor of: United States Treasuw
                               (OBLIGEE)

            In the rmaurt dONE MILLION FIYE HUNDRED THOUSAND AND W/tW DOLLARS(Sl.!W,OO@.W).

    In consideration of tbe mutual agreementJ;berein contained tbe Principal and the Surety hereby
    consent to cbanging




    Principal Name             EcboStar Satellite L.L.C.           Echostar Holding Corporation
I                          1                                   I                                              I
      Nothing herein contained shall vary, alter or extend any provision or condition of this bond except
      as herein exprasty stated.

      This rider is effective Januarv 2.2008

       Sinned and sealed Januarv 2.2008.

                                                                               EchoStar Holdinv CorDoration
                                                                                                  PRINCIPAL
                                                  '        \




                                                                   Fidelitv and Dewsit:Comoany of Mawland
                                                                                                    SUHETY
                           BY:
                                                                   Mona D. Weaver, Attorney-in-Fact


                                       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 MARY LAND, and the
COLONIAL A M ERICAN CASUALTY AND SURETY COMPANY, corporations
THEODORE G. MAKTINEZ, Vice President, and GREGORY E. MURRAY,                                                  ursuance of authority
granted by Article VI,                                                                                            hereof and are
hereby certified to be
C ZAJ KO WSKI ,Cel
MONTOYA and Char
Fact, to make, execute, sea                                                   nd as its act and deed: any and all bonds and
undertakings,
Companies, as                                                                                     d and acknowledged by the
regularly electe                                                                                  r persons. This power of attorney
revokes that issue                                                                               eleste 'r. HELMS, Mona D.
WEAVER, Amy WICKETT,Aiiuj JAW, Katalin CHURCH, Sheila J MONTOYA, dated December 6, 2006.
  The said Assistant Secretary does hereby certify that the extract set forth on the reverse side Iweof is a true copy of Article VI.
Section 2, of the By-Lawsof said Companies, and is now m 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 MARYI'AND, and the COLONJAL
AMERICAN CASUALTY AND SUKE'L'Y COMPANY, this 2nd day of November, A.D. 2007.

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




    State of Maryland
     City of Baltimore  I ss:

   On this 2nd day of Novembcr, A D . 2007. before the subscriber, a Notary Public of the State of Maryland, duly
coimilissioricd and qualified, came 'T1IEODORE G. .MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant
Secretary of the FlI)EI,I'rY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMEKIC14N
CASUALTY AKD SURETY COMPANY, to me personally hiown lo be the individuals and officers described in and who
executed the preceding uistmmcnt, and they each acknowledged the execution of the same, and being by me duly S N C ) ~ ,
severally and each for himself deposeth and saith, that they are the said officers oftlie Companies aforesaid, and that the seals
affixed to the preceding instrument is the Corporate Scals of said Conipaiiies, a i d that the said Corporate Seals and Lhelr
signatures as such officers were duly affixed and subscribed to the said instrument by the authority arid direction of the s a d
C o i p r a ~ons
              i
   IN 'TESTIMONY WIIEREOF, I lzave hereunto set my hand and affixed my Official Seal the day and year tirst above
written.




POA-F 020-5028


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


  “Article VI, Section 2. Thc Chairnian of the Board, or the President. or aiiy Executive Vice-President, or m y of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the BoaId of Directors or by the Csecutivc Committce,
shall have power, by and with the conctirrence of the Secretary or any one of the tlssistatit Secretaries, to appoint Residcnt
Vice-presidents, Assistant Vice-Presidents and Attorneys-iii-Fact 3s the business of the Conipany may rrqiiirc, or t o
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognjzinces, stipulations,
policies, contracts, aigrceinents, deeds, and releases and assignments of judgements, decrees, iiiortgages m d instruments iii
the nature of mortgages ,...andto affix the seal of the Conipany 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 Sciiior
Vice-Presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Coxmiittee.
shall have power, by and with the coiicurrcnce of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents arid Attorneys-in-Fact as the business of the Company niay 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 judgenients, decrees, mortgages and iiistrurnunts in
the nature of mortgages, ...and to aftix the seal of the Company thereto.”

                                                           C ERTlFICATE


   I, the undersigned, Assistant Secretary of the FIDEI,ITY AND DEPOSIT COMPANY OF ,MARYLAND, and the
COLONIAL AMERICAN CASUALIY AND SURETY COMPANY, do hereby certify that the foregoing Power of
rittorney is still in full force arid effect on the date of this certificate; and I do further certify that the Vice-President who
executed the said Power of Attortiey was one of‘the additional Vice-Presidents specially authorized by the Board of Directors
to appoint aiiy Attorney-in-Fact 3s provided in Article VI, Section 2, of die respective By-L,aws of the FIDELITY A N D
DEPOSI’T COMPANY OF MARY LAND. and the COLONIAL AMkRICAN CASUAL‘I’Y AND SURETY COMPANY.
  ‘I’hisPower of Attorney and Certificate niay be signed by facsimile under and by authority of the following resolution of h e
Hoard of Directors of the FIDELLTY AND DEPOSlT C0,MPANY OF MARYLAND at a niccting duly called and held on
[lie I O r h Jay of May, 1990 ,id of the h a i d of Directirrs of the COLONIAL AMCNCAN CAYI;AL?’Y AXD SCRETY
COMPANY d d rnwliiig duly c a l k d a i d hehi on the 5111 J a y oI-hfay, 1994.
   RESOLVED: ‘ T h a t the facsiinik or ~nechanically reproduced seal of the company and facsimile or mcchanicaily
ruprocluced sigiuture of any Vice-Presideiit, Secretdry, or Assistant Sccreirrry oC the Company, wliethc-1 nixie heretofore or
ticreafter, wlierever appcmng upon a certitied copy of m y power of attonicy is~ittdby the Company, shall be valid m d
binding upon the Company \t ith the same force anti effect as though mariually affixed.”
   IN TES?‘IMONY !Vi I EKEOF, I have heremto subscribcd my name and affixed thc cu-porat‘c seals o f ilic s a d ( ‘ O I I I ~ ~ I W ~ ,


                                GENERAL SURETY RIDER


To be attached and form a part of

        Type of Bond: Miscellaneous Contracts

           Bond No. : 08757320

      Original Effective Date: 10/28/2004
                       (MONTH, DAY,YEAR)

          Executed by: EchoStar Holdine Cornoration ,as Principal,
                         (PRLNClP.1 L)

                 and by: Fidelitv and Deposit Company of Maryland, as Surety,
                         (SW R ETY)

      and in favor of : United States Treasury
                         (OBLIGEE)

In consideration of the mutual agreements herein contained the Principal and the Surety hereby
consent to changing




Principal Name            EchoStar Holding Corporation   ECHOSTAR CORPORATION

  Nothing herein Contained shall vary, alter or extend any provision or condition of this bond except
  as herein expressly stated.

  This rider is effective January 25,2008
                         (nioxr-mDAY, YEAR)
     Signed and Sealed February 21,2008
                         (%lOh'lH,D A Y , YEAR)




                                                         Fidditv and DeDosit Comnany of 1Marvland
                                                                                              SC'HETY

                         BY:

                                                  (1 on
                                                  v
                                                                 Shelley Cwrjkowski, ATTORNEY-IN- FACT


                                       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 DEPOSlT COMPANY OF MARYLAND, and the

HAMMOND, Vice President, and ERIC D
Section 2, of the By-Laws of said Compani
full force and effect on the date hereof, doe
Shelley CZAJKOWSKI, Celeste T. HEL
and Sheila J MONTOYA, all                                                                                      Attorney-in-Fact, to make,
                                                                                                          and all bonds and undertakings, and
                                                                                                          binding upon said Companies, as fully


behalf of William M              ELL, JR., Shelley CZAJKOWSKI, Celeste T. HELMS, MOM D. WEAVER, Amy
W I C K E T , dated October 31,2006.
  The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a tnie 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 COLONIAI_
ALMEKICANCASUALTY AND SURETY COMPANY, this 6th day of December, A.D. 2006.

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




   State of Maryland
   City of Baltimore
   On this 6th day of December, A.D. 2006, befcm the subscriber, ;f Notary Ptiblic of the State of Maryland, duly
commissioned and qualified. c a m 34. P. HA,MhllOXD. Vice President, and ERIC D. BARNES, Assistant Secretary o f the
f;IDEI.ITY AND DEPOSIT COMPANY OF blAKYLAND, and the COLONIAL tIMEKICAN CASIIALI'Y ANI)
SURETY COILIPANY. to tne personally known to be the individuals and ot'ficcrs dcscribcd in and who executed the
preceding instninient, arid they each ackriawledged the execution of the smic, and being by me duly sivorii, wverallq arid
cacti fcr himself deposeth and saith, [hat they are the said officers of the Companies aforusaiti, md that the seals affixed to the
preceding instrunleiit is the Corpoiate Seals of said Companics, and that the said Corporate Seals and their signatures as wcli
officers were duly dt'fixed and subscribed to the said instruincnt by the authority and direction of the said ('orporatlons.
   IN I'ESTIMONY WI!EKEOE', 1 !?aw hereiiiito set my h a i d and affixed my Ot'ficial Seal the day 411d yea1 first aboLe
cvr1t t e 11.




                                                                           c::mf   (1 ! I c' P   '4 .   Dl 111 17                JVOI n q   PI I id I
                                                                                     My Commission Expires: July 14, 20 1 1




POA-F 020-5028


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


  “Artlcle VI, Section 2. The Chairrnan of the Board, or die 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 ihz Executive Committee,
shall hive power, by aid with the concurrence of the Secretary or m y one of the Assistant Secretaries, to appoint Resident
Vice-presidents, Assistant Vice-Presidents and Attorneys-In-Fact as the business of the Company niay require, or to
authorize any person or persons to execute on behalf of the Conipany m y 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 die seal of the Company thereto.”

           EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AN0 SURETY COMPANY


  “Article VI, Section 2. The Chairinan of the Board, or the President, or any Executive Vice-president, or m y of the Senior
Vice-Presidents or Vice-Presidents specially authorized SQ to do by the Board of Directors or by the Execiitive Committce,
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 arid assignments of judgements, decrees, mortgages and iiistrumeiits i n
the nature of mortgages, ...and to aflix the seal of the Company thereto.”

                                                            CERTlFICATE

  I, the undersigned, Assistant Secretary of the FIDEL,ITY AND IJEPOSIT COMPANY O F MARYLAYD, arid thc
COLONIAL AhlERICAN CASUALTY AND SURETY COhlPANY, do hereby certify that thc foregoing Power of
Attorrioy 1.s still in fill1 force and effect on the date of h i s certificate; and I do further certify that the Vice-President who
executed the said Power ot‘littorney was one of the additional Vicc-Presidents specially authorized by the Iloard of Directors
to appoint any Attorney-iii-Fact as pro\.rcled in A~-ticleVI, Section 2, of the respective By-Laws of tlic f~1L)EI~I’T’Y           AND
DEPOSI‘I’ C’OMI’ANY OF MAKYLANII, and the COLONIAL AiMERIC‘AN CAS1IALTY AND SIJKE’I‘Y CC)MI’ANY.
   I his P o w a o f Attorncy anti Certificate may be signed by facsiniilc under and by authority ot’the fbllowing rebolution of the
  F   ,




~~~~d r)lleciols of tilc ITDELITY                 I>EPOSI r corn-zw OF M.WKYI.ASDat a l ~ l e ~ t l lCtLtiy    lg    called and heid oli
tl~r10th day ~ l i ‘h y , i990 a i d u i ~ h cBuard of I)iieciois of the COLOiSI..iL .A.VFRiC‘.AK C‘ASLjA~a*i3’          ASL) SURE I’Y
C‘OMPAN Y at 3 iiict‘tiiig duly called arid lieicl on thc 5th day ~1‘Itlay,1W3.
  K13SOLVEL): “‘That thc facsinult: or meciianically iL*produccd seal of the coinpany am1 facsilnile o r meolianicrilly
rcproclucc~fsigr‘i1urc of ariy Vice-Presidelit, Secretary, or Assistant Secretary o f the (’oniyariy, ~lit‘tlicr111aclclicictofoi-c o r
hereclftrr, wticrever appearing upon ~1 certi tied copy of any poi\cr of attonicy issucti by thc Company, shCtllbt. wlid anti
binding upon the Company M i t h the same t i m e aiid cf*fect tls though m ~ n u a l i yaffixed.”
  IN 1LS i ILlOXY N‘liERIiClF, 1 have l~crcuntosiibscribcd my iiaiiie and at’fiscd the c o i p o ~ a t rseals of tile h a i d Compnies.




                                                                                                 ..             ,--
                                                                                           ’__        ? 9 .
                                                                                                      ,
                                                                                                              I
                                                                                                            , ,
                                                                                                                  .-
                                                                                                          *,..:-- ,    I
                                                                                                                           I   : .



Document Created: 2008-04-02 13:56:37
Document Modified: 2008-04-02 13:56:37

© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC