Attachment bond

bond

SUBMISSION FOR THE RECORD submitted by DIRECTV

bond

2006-08-10

This document pretains to SAT-RPL-20050322-00070 for Replacement Application on a Satellite Space Stations filing.

IBFS_SATRPL2005032200070_523950

1200 EIGHTEENTH STREET, NW WASHINGTON, DC 20036 TEL 202.730.I 300 FAX 202.730.I 30I \NWW.HARRISWILTSHIRE.COM ATTORNEYS AT LAW August 10,2006 AUG I 0 2006 Federal Cammunications Commission BY HAND DELIVERY Office of Secretary Marlene H. Dortch Office of the Secretary Federal Communications Commission Street, S.W. 445 1 2 ‘ ~ Washington, D.C. 20554 Re: Performance Bond for DIRECTV 9s; Call Signs S2669/S2689 File No. SAT-RPL-20050322-00070 File No. SAT-LOA-20051 123-00250 File No. SAT-AMD-20051114-00216 Dear Ms. Dortch: On July 21,2006, the International Bureau released an order authorizing DIRECTV Enterprises, LLC (“DIRECTV”) to launch and operate DIRECTV 9S, a hybrid Direct Broadcast Satellite and Ka-band space station, at the nominal 101”W.L. orbital location. In accordance with paragraph 29(e) of that authorization and Section 25.165 of the Commission’s rules, DIRECTV hereby files a copy of its required $3 million performance bond and related documents. Please direct any questions regarding this matter directly to the undersigned. Sincerely yours, William M. Wiltshire Counselfor DIRECTV Enterprises, LLC Enclosure cc: Robert Nelson Andrea Kelly

Bond Number: 6389390 Federal Communications Corporation (FCC) Satellite License Payment Bond KNOW ALL PERSONS BY THESE PRESENTS, DIRECTV ENTERPRISES, LLC. (hereinafter called the Principal) and SAFECO INSURANCE COMPANY OF AMERICA, a corporation of the State of Washington (hereinafter called the Surety), are I held and firmly bound unto the United States Treasury (hereinafter called the Obligee), in the maximum penal sum of THREE MILLION DOLLARS ($3,000,000.00) to the payment of which sum, well and truly be made, the Principal and Surety bind themselves, and each of their heirs, administrators, executors and assigns, jointly and severally, f m l y by these presents. Regardless of the number of years this bond may be in force, the aggregate liability of the Surety payable under this bond shall not be cumulative and is limited to the stated maximum penal sum. WHEREAS, the Principal’s application to launch and operate the DIRECTV 9 s satellite has been granted by the Federal Communications Commission (“FCC”) and the Principal is authorized to launch and operate its DIRECTV 9s satellite at 101 degrees West Longitude in accordance with the terms and conditions set forth in its authorization which authorization is hereby referred to and made a part hereof. WHEREAS, in accordance with FCC the conditions of the DIRECTV 9s authorization grant, the Principal must file a payment bond with the FCC within 30 days of the application being granted. PROVIDED, HOWEVER, that this bond is subject to the foIlowing conditions: 1. DIRECTV 9s must be constructed, launched, and placed into operation in accordance with the technical parameters and terms and conditions of the grant authorization by the following specified time periods-milestones. a. Execute a binding contract for construction by July 21,2007 b. Complete the Critical Design Review by July 21,2008 c. Commence construction by July 21,201 1 d. Launch and begin operations by July 21,2011 2. Upon filing of this bond with the FCC, Principal will file confirmation of F completion of milestone a, b and c with the FCC. Upon issuance of a Public Notice by the FCC confirming the same, the maximum penal sum of the Bond shall be reduced by 75% ($2,250,000.00) via a rider to this bond sent to the FCC and the Obligee.

3. In the event of a Notice of Default (i.e. an order or public notice revoking Principal's authorization) issued by the FCC to the Principal and the Surety regarding the performance of the milestones specified above during the term of this bond, the Surety shall be liable only up to the current outstanding maximum penal sum amount after giving effect to applicable milestone reductions. It is also understood and unconditionally agreed that upon receipt of such Notice of Default, the Sole remedy under this bond will be the tender of payment of the current outstanding maximum penal sum of the bond (taking into account subsequent riders to the maximum penal sum of the bond described above) within thirty (30) business days of such Notice of Default. Any such Notice of Default made under this Bond shall be made in writing and shall be given a personal delivery or expedited delivery service, postage pre-paid, addressed to the parties at the addresses specified below: To the Surety: Safeco Insurance Company of America 330 N. Brand Blvd., lo* Floor Glendale, CA 91203 To the Principal: DIRECTV Enterprises, LLC 2230 E. Imperial Highway, LA2/A141 El Segundo, CA 90245 With a required copy to: Brian M. Regan, Esq. DIRECTV Enterprises, LLC 2230 East Imperial Highway, LAlN340 El Segundo, CA 90245 4. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. 5 . If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this bond and as described in other documents, statutes or regulations, the terms of this bond shall prevail. This bond shall be effective the 1'' day of August, 2006 and shall cease at such time as the FCC confirms that the Principal has satisfied all of the milestones set forth in paragraph 1. Signed and sealed this 2day of August 2006.

I Principal: DIRECTV ENTERPRISES LLC By: resident (Witness) D. A . Hall Surety: SAFE0 INSURANCE COMPANY OF AMERICA - J . Cesar F. Javier, Attorney-In-Fact Natalie K. Trofimoff

Safeco InsuranceCompany of America General InsuranceCompany of America POWER Safecu Plaza a OF ATTORNEY Seattle, WA 98185 KNOW ALL BY THESE PRESENTS: NO. 9085 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint "Y"*TENZER V. CUNNINGHAM; CESAR F. JAVIER; SHANNA E. JUDSON; KRISTINE MENDEZ; JEFFREY STRASSNER; NATALIE K. TROFIMOFF; CHRISTINA TURMAN; Los Angeles, California"Y"Ymmm++Y+*wHm*w***w**w~ its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company Wereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents June , 2006 this 12th day of STEPHANIE DALEY-WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, h e Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrumentor undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28.1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attomay appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.'' I,Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certitj that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct. and that both the By-Laws. the Resolution and h e Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporatlon this day of AUG 3 - 2006 I A?&#b#dydjud& STEPHANIE DALEY-WATSON, SECRETARY Safe& and the Safeco bgo are registered trademarks of Safeco Corporation. S-0974lDS 4105 WEB PDF

Acknowledgment State of California County of Los Angeles before me, Nolia N. DeRoche, (Notary Public) personally appeared , personally known to me to be the person(s) whose name@) is/- nstrument and acknowledaed to me that he/she/they executed the same in his/tx&#reir authorized capacity(ies), and-that by his/bwWeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. rcc (Seal) I iI !

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Anneles On AUG 3 - 2006 before me, Natalie K. Trofimoff. Notaw Public personally appeared Cesar F. Javier personally known to me OR - - proved to me on the basis of satisfactory evidence the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signature@)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Notary Public Seal 0 PTIONAL Fhough the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: DOCUMENT DATE: CAPACITY(IES) CLAIMED BY SIGNER@) Signer's Name: Signer's Name INDIVIDUAL INDIVIDUAL CORPORATE OFFICER CORPORATE OFFICER Title(s) Title@) 0 P A R T N E R ( S ) ~LIMITED 0GENERAL 0 P A R T N E R ( S ) LIMITED ~ GENERAL X ATTORNEY-IN-FACT 0 ATTORNEY-IN-FACT TRUSTEE(S) 0 TRUSTEE(S) 0GUARDIANKONSERVATOR 0GUARDIANKONSERVATOR OTHER: 0OTHER: Signer is representing: Signer is representing: NAME OF PERSON(S)OR ENTITY(IES) NAME OF PERSON(S) OR ENTITY(IES)


Document Created: 2006-08-24 09:09:23
Document Modified: 2006-08-24 09:09:23
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC