ALJ ORDER ORDER by ALJ, FCC SES-T/C-20011204-02268 ALJ ORDER

Attachment ALJ ORDER

ALJ ORDER

ORDER submitted by ALJ, FCC

ALJ ORDER

2003-01-13

This document pretains to SES-T/C-20011204-02268 for Transfer of Control on a Satellite Earth Station filing.

IBFS_SESTC2001120402268_298562

Before the
Federal Communications Commission FCC 03M-01
Washington, D.C. 20554

In the Matter of Application of )
)
EchoStar Communications Corporation, ) CS Docket No. 01-348
(a Nevada Corporation), General Motors )
Corporation, and Hughes Electronics )
)
Corporation (Delaware Corporations)
)
)
(Transferors) )
)
and )
)
EchoStar Communications Corporation )
(a Delaware Corporation) )
)
(Transferee) )

ORDER

Issued: January 10, 2003 Released: January 13, 2003

The Commission ordered a hearing before an Administrative Law Judge to
examine a Transfer of Control Application and a Satellite Application (collectively the
“Applications”) requested by EchoStar Communications Corporation, General Motors
Corporation, and Hughes Electronics Corporation (collectively the “Applicants”). See
In re Application of EchoStar Corporation (a Nevada Corporation), General Motors
Corporation, and Hughes Electronics Corporation (Delaware Corporations)
(Transferors) and EchoStar Communications Corporation (a Delaware Corporation)
(Transferee), Hearing Designation Order (“HDO”), CS Docket No. 01-348, FCC 02-284,
released October 18, 2002.

An Amendment to Consolidated Application for Authority to Transfer Control
(“Application Amendment”) was filed with the Commission on November 27, 2002, as
authorized by the HDO at Para. 295 (parties may file amended application to ameliorate
competition concerns). The Application Amendment was before the Commission for
consideration, as provided in the HDO. Id. 1

1
In the interim, a Prehearing Conference was set by the Chief Administrative Law Judge for
December 19, 2002, to, inter alia, set a hearing date. See Order, FCC 02M-109, released
December 9, 2002.

-2-

By letter to the Commission dated December10, 2002, the Applicants requested
withdrawal and dismissal of their Transfer of Control and Satellite Applications and
Application Amendment. In that same letter, the Applicants also requested termination of
this hearing and any further proceedings addressing these applications.2

The Commission has granted the request and has ordered that the Application
Amendment filed by the Applicants on November 27, 2002, be dismissed without
prejudice. ORDER FCC 03-4, released January 10, 2003.3 In addition, the Commission
ordered that the Chief Administrative Law Judge terminate this hearing for examining
whether granting the contemplated Transfer of Control and Satellite Applications would
be in the public interest, and further ordered the termination of this proceeding and other
proceedings addressing the Applications. Id.

Rulings

Accordingly, IT IS ORDERED that the hearing ordered to be held for examining
the captioned Transfer of Control and Satellite Applications and any other proceedings
addressing the Applications IS TERMINATED.

IT IS FURTHER ORDERED that this proceeding (CS Docket No. 01-348) IS
ALSO TERMINATED.

FEDERAL COMMUNICATIONS COMMISSION

Richard L. Sippel
Chief Administrative Law Judge

2
As a result, the scheduled Prehearing Conference was cancelled by the Chief Administrative
Law Judge. See Order FCC 02M-112, released December 12, 2002.
3
Any application may be dismissed without prejudice as a matter of right if the applicant
requests its dismissal prior to final Commission action. 47 C.F.R. §35.152(a). The Commission
has yet to take its final action in this matter. See Order FCC 03-4, supra at Para. 6.

Document Created: 2003-01-13 10:33:46
Document Modified: 2003-01-13 10:33:46

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