Attachment 2002EchoStar withdra

2002EchoStar withdra

LETTER submitted by EchoStar

withdrawal of Petition

2002-12-26

This document pretains to SAT-PDR-19981202-00094 for Petition for Declaratory Ruling on a Satellite Space Stations filing.

IBFS_SATPDR1998120200094_1073231

1330 Connecticut Avenue, NW STEPTOE & JOI—INSON LLIP Washington, DC 20036—1795 Telephone 202.429.3000 ATTORNEYS AT LAW Facsimile 202.429.3902 www.steptoe.com Pantelis Michalopoulos 202.429.6494 pmichalo@steptoe.com December 26, 2002 RECEIVED VIA HAND DELIVERY DEC 2 6 2002 COMMUNICATIONS EEDERALderice COM MISSION Marlene H. Dortch OF THE SECRETARY Secretary Federal Communications Commission h earnenie sene*l The Portals ' O 445 12th Street, S.W. — e Washington, D.C. 20554 JAN 6 0B Re: EchoStar Communications Corporation SAT—PDR—19981202—00094 Dear Ms. Dortch: Onbehalf of EchoStar Communications Corporation ("EchoStar"), I am writing to withdraw the above—captioned Petition for Declaratory Ruling ("Petition"), filed December 2, 19$8, to the extent that the Petition is still pending, requesting authority to exceed the indirect foreign ownership benchmark up to non—controlling levels with respect to a license held by EchoStar‘s wholly—owned subsidiary, EchoStar Satellite Corporation, for a Ka—band satellite system in the Fixed—Satellite Service ("FSS"). EchoStar has already declared to the Commission that it does not intend to provide any common—carrier services from its Ka—band system. Indeed, the CommlsSQn long ago approved the transaction that had triggered the filing of the Petition, and in that decision waived all foreign ownership limits that needed to be waived.‘ In any event, EchoStar believes that the level of indirect foreign ownership in EchoStar Satellite Corporation would be well below the 25% benchmark even if that benchmark applied. Even standing alone, each of these reasons renders this Petition moot. Accordingly, there is no need to burden Commission resources with further processing of the Petition. \ See MCI Telecommunications Corp., Assignor, and EchoStar 110 Corp., Assignee, For Consent to Assignment ofAuthorization to Construct, Launch and Operate a Direct Broadcast Satellite System Using 28 Frequency Channels at the 110° W.L. Orbital Location, Order and Authorization, 16 FCC Red. 21608, 21629—30 (1999). MCI Telecommunications Corporation; For Authority to Construct, Launch and Operate a Direct Broadcasting Satellite System at 110° W.L., Memorandum Opinion and Order, 14 FCC Red. 11077, 11087 (1999). WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS

Ms. Marlene H. Dortch December 26, 2002 Page 2 Please call the undersigned if you have any questions about this letter. Sincerely, tils Mikebptinage Pantelis Michalopoulos Counselfor EchoStar Communications Corporation ce: Jennifer Gilsenan Selina Khan


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Document Modified: 2015-01-14 17:59:44
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