Attachment 20110211124644.pdf

This document pretains to SES-T/C-20091211-01576 for Transfer of Control on a Satellite Earth Station filing.

IBFS_SESTC2009121101576_868441

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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