Attachment 20110211124644.pdf

This document pretains to SES-T/C-20091211-01575 for Transfer of Control on a Satellite Earth Station filing.

IBFS_SESTC2009121101575_868439

                                      SES—T/C—20091211—01575
                                     SES—T/C—20091211—015786
      Een _—’ se                     SAT—T/C—20091211—00144



                          Call Sign _________ Grant Date o4 } [\ 20(                      DBSD Satellite Services G.P.
                          (or other identifier)                                           11700 Plaza America Drive
                                                  Term Dates                              Suite 1010
                                                                                          Reston, Virginia 20190
      PEAALTEEN           From31</‘\g qo1|              To: J    ;2    {
      GRANTED           |                           =~                                    Main     703.964.1400
                     :_| Approved>Qg/ftd(e KQ . Wu/\;  <2                                 Fax      703.964.1401


February 10, 2011

By Electronic Filing

Marlene L. Dortch
Secretary
Federal Communications Commission.
445 12th Street, SW
Washington, DC 20554

Re:      Request for Extension of Time to Consummate Transfer of Control
         File Nos. SES—T/C—20091211—01575, SES—T/C—20091211—01576 & SAT— T/C—
         20091211—00144

Dear Ms. Dortch:

         Pursuant to Section 1.46 of the Commission‘s rules," New DBSD Satellite Services G.P.,
Debtor—in—Possession (together with its debtor—affiliates, "DBSD") hereby requests a further
extension of the period (the "Transfer Period") to consummate the transfer of control of its earth
station licenses, as approved by the Commission," from March 28 through July 28, 201 1 *

         Good cause exists for a further extension. On October 5, 2010, the United States Court
of Appeals for the Second Circuit (the "Second Circuit") stayed consummation of DBSD‘s
original plan of reorganization ("Original Plan") pending the outcome of two appeals.* On
February 7, 2011, the Second Circuit issued a written opinion affirming in part and reversing in
part the bankruptcy court order approving the Original Plan, and remanding the case for further
proceedings consistent with its opinion." DBSD has filed with the bankruptcy court a modified
plan of reorganization that would allow consummation consistent with existing Commission

\ See 47 C.F.R. § 1.46.
 See New DBSD Satellite Services G.P., Debtor—in—Possession, 25 FCC Red 13664 (IB 2010).
> See 47 C.F.R. § 25.119(f)}. DBSD previously obtained an extension of the Transfer Period through March 28,
2011. See Letter from Peter A. Corea, DBSD, to Marlene L. Dortch, Secretary, FCC, File Nos. SES—T/C—20091211—
01575 et al. (Oct. 18, 2010) (stamp—granted on Oct. 22, 2010).
* In re: DBSD N. Am., Inc., Case No. 10—1175 (2d Cir. Oct. 5, 2010) (order staying consummation); see also Sprint
Nextel Corp. v. DBSD N. Am., Inc. (In re DBSD N. Am., Inc.), Case No. 10—1352 (2d Cir. filed Oct. 5, 2010); DISH
Network Corp. v. DBSD N. Am., Inc. (In re DBSD N. Am., Inc.), Case No. 10—1175 (2d Cir. filed Oct. 5, 2010).
* In re DBSD N. Am., Inc., 2010 U.S. App. Lexis 27007 (2d Cir. Dec. 6, 2010, opinion filed Feb. 7, 2011).


approval and the Second Circuit opinion, but has tabled that plan pending further consideration
of an alternative proposal made by DISH Networks ("DISH"). Notably, DBSD filed a motion
with the bankruptcy court seeking approval of an investment agreement with DISH, which, if
approved, would form the foundation for an alternative plan of reorganization. Additionally,
during a status conference on February 7, 2011, the bankruptey court noted that it expects
"aggressive efforts by the debtors to do whatever it takes to maximize value for the estate and
entertain alternative offers.""

        DBSD thus believes it is prudent to withhold seeking confirmation of the modified plan
of reorganization until it considers all reasonable alternative proposals, including the DISH
proposal, and receives bankruptcy court approval of a final plan of reorganization. Grant of this
request for further extension through July 28, 2011 would maintain the status quo, preserve
Commission resources, and maximize regulatory flexibility, while allowing DBSD additional
time to meet its fiduciary duties and secure bankruptcy court approval of a final plan of
reorganization.

        Please direct any questions regarding this submission to the undersigned.

                                                    Respectfully submitted,

                                                      /s/ Peter A. Corea
                                                      Peter A. Corea




co:     Mindel de la Torre
        Roderick Porter
        Robert Nelson
        Karl Kensinger
        Jeanette Spriggs
        Stewart Block
        Sally Stone




° Transcript of Status Conference at 62, In re DBSD N. Am., Inc., Case No. 09—13061 (Bankr. S.D.N.Y. Feb. 7,
2011).



Document Created: 2019-04-22 10:25:13
Document Modified: 2019-04-22 10:25:13

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