This page provides information on applications for consent to the transfer of control of licenses and authorizations held by Hughes Electronics Corporation and its subsidiaries and affiliates and by EchoStar Communications Corporation and its subsidiaries and affiliates to EchoStar Communications Corporation, a Delaware corporation.
These applications have been consolidated under CS Docket No. 01-348, and most of the record in the proceeding is accessible through the Electronic Comment Filing System. Copies of documents in the record may also be obtained for a fee from FCC's duplicating contractor Qualex International, or may be viewed and/or copied at the FCC Reference Center. The Media Bureau’s EchoStar-DirecTV merger page will also contain electronic versions of selected key documents.
- Ex Parte Presentations
- Responses to Information Requests
- Hearing Webpage
- District Court Complaint Webpage
- Short Letter Comments/Petitions
- Comments Filed By Government Representatives and FCC Replies
Below is a list of record documents in reverse chronological order.
Order Dismissed Amendment to Consolidated Application for Authority to Transfer Control of various Commission authorizations and directed the Administrative Law Judge to terminate the pending hearing Acrobat | Word | Text
FCC Declines To Approve EchoStar-DIRECTV Merger.
Hearing Designation Order, FCC 02-284, Redacted (10/18/02) Acrobat | Word | Text
News Release: Word | Acrobat | Text
Powell Statement: Word | Acrobat | Text
Abernathy Statement: Word | Acrobat | Text
Copps Statement: Word | Acrobat | Text
Martin Statement: Word | Acrobat | Text
Press Conference: Audio/Video
Response to the Ex Parte filing made by Dominion Video Satellite, Inc. on October 4, 2002 and white paper by Harold Furtchgott-Roth, Resolving Antitrust Concerns by Facilitating New Entryfiled by R/L DBS Company, LLC
Reply Comments in the Commission's Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, CS Docket No. 02-145, filed by National Rural Telecommunications Cooperative
Response to National Rural Telecommunications Cooperative's Request for Additional Disclosure filed by EchoStar Communications Corporation, Hughes Electronic Corporation and General Motors Corporation
Petition to Dismiss filed by National Rural Telecommunications Cooperative
Exhibit 1 - Article "More Thoughts On The Road To Monopoly" by Bob Scherman
Exhibit 2 - Declaration of Walter L. Morgan
Exhibit 3 - Reply Declaration of Walter L. Morgan
Certificate of Service
Oppositions/Responses due: 2/25/02
Petitions/Comments due: 2/4/02
Letter pursuant to 47 C.F.R. § 1.65 notifying the Commission of the definitive agreement with Vivendi Universal S.A. filed by EchoStar Communications Corporation, General Motors Corporation and Hughes Electronics Corporation
VOLUME II -
Agreement and Plan of Merger by and between EchoStar Communications Corporation and Hughes Electronics Corporation (October 28, 2001)
Implementation Agreement by and among General Motors Corporation, Hughes Electronics Corporation and EchoStar Communications Corporation (October 28, 2001) Acrobat | Acrobat
Separation Agreement by and between General Motors Corporation and Hughes Electronics Corporation (October 28, 2001)
Stock Purchase Agreement Among EchoStar Communications Corporation, Hughes Electronics Corporation, Hughes Communications Galaxy, Inc., Hughes Communications Satellite Services, Inc. and Hughes Communications, Inc. (October 28, 2001)
On December 3, 2001, the Commission received applications requesting consent to the transfer of control of licenses and authorizations held by Hughes Electronics Corporation (“Hughes”) and its subsidiaries and affiliates and by EchoStar Communications Corporation (“ECC”) and its subsidiaries and affiliates (collectively, the “Applicants”) to EchoStar Communications Corporation, a Delaware corporation (“New EchoStar”). Hughes controls various space station, earth station, wireless and experimental licenses and Section 214 authorizations, including licenses and Section 214 authorizations held by PanAmSat Corporation (“PanAmSat”) and its wholly-owned subsidiaries. ECC controls various space station and earth station licenses, including licenses and authorizations held by EchoStar Satellite Corporation, EchoStar 110 Corporation, EchoStar North America Corporation and EchoStar VisionStar Corporation.
The proposed license transfers will result from the spin-off of Hughes from General Motors Corporation (“GM”), which currently owns all of the capital stock of Hughes, and the merger of ECC with and into Hughes. Hughes will be the surviving corporation, with a new ownership structure, and the merged entity will be renamed EchoStar Communications Corporation. The proposed transaction includes the transfer of Hughes’ indirect majority equity stake in PanAmSat, either to New EchoStar through the merger, or in the event the merger agreement is terminated under certain specified circumstances to ECC through a separate purchase of Hughes’ interest in PanAmSat.
On December 18, 2001, the Applicants submitted a letter advising the Commission that on December 14, 2001, ECC signed definitive agreements relating to a transaction with Vivendi Universal S.A. (“Vivendi”) that will, among other things, result in certain minor changes to ECC’s ownership structure and composition of its Board of Directors. In addition, as part of the transaction, ECC has agreed to carry five new Vivendi channels, to make available the equivalent of about eight video channels on its system for new interactive services, to deploy certain “middleware” technology on some set-top boxes, and to carry Vivendi films and music on a pay-per-view basis. The Applicants indicate that they will amend their application to reflect the changes in ownership structure and composition of the Board of Directors following the closing of ECC’s transaction with Vivendi. The Commission is reviewing the letter and will inform the Applicants when it determines what additional information and/or amendments to the applications may be appropriate in light of the arrangement it describes.
ECC and Hughes, through its DirecTV subsidiary, are the two major direct broadcast satellite (“DBS”) providers in the United States. ECC, GM, and Hughes submit that the proposed transaction will promote the public interest. They state that New EchoStar will more efficiently use spectrum to offer more local-into-local programming, provide a competitive alternative to cable television, offer more broadband services, provide better service to rural and outlying areas at nationally standardized prices, and offer more niche, educational and high-definition television programming. Further, the Applicants assert that the transaction with Vivendi will provide consumers with additional programming diversity and enhanced services.
Because this proceeding involves broad public policy issues, the proceeding will be treated as “permit but disclose” for purposes of the Commission’s ex parte rules. See generally 47 C.F.R. Â§Â§ 1.1200-1.1216. Should circumstances warrant, this proceeding or any related proceeding may be designated as restricted. As a “permit but disclose” proceeding, ex parte presentations will be governed by the procedures set forth in Section 1.1206 of the Commission’s rules applicable to non-restricted proceedings.
Day 1 was on: 12/21/01
This information was last updated on: 10/10/02
|Reason for Stop|
FCC Declines To Approve EchoStar-DIRECTV Merger.
|77||3/7/02||7/23/02||138||Restart: Letter From W. Kenneth Ferree, Chief, Media Bureau to Applicants, Restarts the Clock|
This page contains an indexed unofficial listing of and electronic links to most materials in this docket. The applications and any associated documents are also available for public inspection and copying during normal reference room hours at the FCC Reference Center. Copies of the applications and any subsequently-filed documents in this matter also may be obtained through the Commission's Electronic Comment Filing System. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to firstname.lastname@example.org or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).