EchoStar Communications Corporation, General Motors Corporation, And Hughes Electronics Corporation

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.

Timeline

Record Documents

• Ex Parte Presentations
• Responses to Information Requests
• Oppositions/Responses
• Comments
• 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.

1/10/03
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

12/10/02
Letter Withdrawing and Requesting Dismissal of Application filed by EchoStar Communications Corporation, et al.

12/4/02
Public Notice - Amendment to Transfer of Control Applications

11/29/02
Addendum To Amendment To Consolidated Application For Authority To Transfer Control filed by EchoStar Communications Corporation

11/27/02
Amendment To Consolidated Application For Authority To Transfer Control filed by EchoStar Communications Corporation Acrobat | Acrobat | Acrobat

10/18/02
Hearing Designation Order, FCC 02-284, Redacted Acrobat | Word | Text

10/15/02
Letter Extending Deadlines For Taking Certain Actions filed by EchoStar Communications Corporation, Hughes Eletronics Corporation and General Motors Corporation

10/10/02
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 Dominion Video Satellite, Inc. October 4 Ex Parte Filing filed by R/L DBS Company, LLC

10/09/02
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

10/08/02
Opposition to the filing made by EchoStar Communications Corporation and Hughes Electronics Corporation on October 7, 2002 filed by National Rural Telecommunications Cooperative

10/07/02
Letter/Request the Commission expeditiously to consider two additional matters of process filed by EchoStar Communications Corporation and Hughes Electronics Corporation

10/02/02
Letter From W. Kenneth Ferree, Chief, Media Bureau, Responding to NRTC's August 15 Request for Additional Disclosure

09/27/02
Letter regarding a new and innovative direct broadcast satellite service, "AMERICOM2Home," filed by SES Americom, Inc.

09/12/02
Follow-up to Materials Filed on August 27 and September 6 Addressing Continuing Concerns Regarding EchoStar's Recent Commercial Activities filed by Pegasus Communications, Inc.

09/12/02
Response to Pegasus' 8/27/02 Letter regarding EchoStar's recent commercial activities filed by EchoStar Communications Corporation

09/11/02
Analysis of EchoStar and DirecTV Confidential Documents (Redacted) filed National Association of Broadcasters

09/10/02
Reply Comments in MB Docket No. 01-145 in response to comments filed by EchoStar Satellite Corporation and DirecTV filed by National Association of Broadcasters

09/06/02
Follow-up to Materials Filed on August 27 Addressing Continuing Concerns Regarding EchoStar's Recent Commercial Activities filed by Pegasus Communications, Inc.

09/04/02
Ex Parte Comments filed by National Rural Telecommunications Cooperative
Acrobat |Acrobat |Acrobat |Acrobat |Acrobat |Acrobat

09/03/02
Letter, documents inadvertently produced to the Commission, filed by Hughes Eletronics Corporation and General Motors Corporation

08/30/02
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

08/29/02
Response to Echostar Communications Corporation's, et al., Response to Request for Additional Disclosure filed by National Rural Telecommunications Cooperative

08/28/02
Acknowledgements of Confidentiality filed by National Rural Telecommunications Cooperative

08/27/02
Correspondence between Pegasus and Echostar regarding EchoStar's recent commercial activities filed by Pegasus Communications, Inc.

8/26/02
Acknowledgements of Confidentiality filed by National Association of Broadcasters

08/23/02
Acknowledgements of Confidentiality filed by National Association of Broadcasters

08/22/02
Response to Dominion Video Satellite, Inc.'s July 23, 2002 ex parte filing filed by R/L DBS Company, LLC

Response to National Rural Telecommunications Cooperative's Request for Additional Disclosure filed by EchoStar Communications Corporation, Hughes Electronic Corporation and General Motors Corporation

08/15/02
Request for Additional Disclosure filed by National Rural Telecommunications Cooperative

08/05/02
Reply to Applicant's Ex Parte Presentation filed by American Cable Association

07/30/02
Letter, updating the record, filed by EchoStar Communications Corporation

07/25/02
Acknowledgements of Confidentiality filed by National Rural Telecommunications Cooperative

07/23/02
Letter From W. Kenneth Ferree, Chief, Media Bureau to Applicants, Restarts the Clock

Letter/Response to Rainbow DBSs Divestiture Plan filed by Dominion Video Satellite, Inc.

07/19/02
Acknowledgements of Confidentially filed by National Association of Broadcasters

07/15/02
Acknowledgements of Confidentially filed by National Association of Broadcasters

07/09/02
Letter Requesting Conditions filed by Dominion Video Satellite, Inc.

06/17/02
Petition To Deny By The National Rural Telecommunications Cooperative

05/24/02
Acknowledgements of Confidentiality filed by the National Rural Telecommunications Cooperative

05/20/02
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

Petition to Deny and Motion to Dismiss filed by National Council of LaRaza

04/25/02
Order Adopting Second Protective Order by the Chief, Media Bureau (DA 02-964) Text | Word | Acrobat

04/22/02
Ex Parte Letter/Request for Enhanced Confidential Treatment filed by EchoStar Communications Corporation and Hughes Electronics Corporation

04/19/02
Public Notice, Echostar Communications Corporation and Hughes Electronics Corporation Seek FCC Authority To Launch And Operate New Echostar 1 DBS Satellite, DA 02-922 Acrobat | Word | Text

04/12/02
Data used by Dr. Paul W. MacAvoy in his Declaration filed by National Rural Telecommunications Cooperative Acrobat | Acrobat

03/12/02
Letter clarifying filing requirements to the Applicants from the Cable Services Bureau

03/082
Hart-Scott Rodino Letter filed by EchoStar Communications Corporation

03/07/02
Letter Denying Request for Extension of Time to the Applicants from the Cable Services Bureau

03/05/02
Request for a Partial Extension of Time to Respond filed by Echostar Communications Corporation

03/01/02
Acknowledgements of Confidentiality filed by the National Assocation of Broadcasters

Acknowledgements of Confidentiality filed by the National Assocation of Broadcasters

Oppositions/Responses due: 2/25/02
Filed Oppositions/Responses

02/21/02
Amendment to Application filed by EchoStar Communications Corporation et al.

Acknowledgements of Confidentiality filed by Pegasus Communications Corporation

02/13/02
Acknowledgements of Confidentiality filed by National Rural Telecommunications Cooperative

Petitions/Comments due: 2/4/02
Filed Comments

2/4/02
Initial Information and Document Request by the Chief, Cable Services Bureau

1/28/02
Petition to Deny filed by Johnson Broadcasting, Inc. and Johnson Broadcasting of Dallas, Inc.

1/24/02
Acknowledgements of Confidentiality filed by Pegasus Communications Corporation

Order Denying Petition to Suspend the Pleading Cycle, by the Chief, Cable Services Bureau (DA No. 02-178) Text | Word | Acrobat

Pegasus Communications Corporation's Reply in Support of Its Petition to Suspend the Pleading Cycle

1/18/02
Corrected Opposition filed by Echostar Communications Corporation et al

Statement of National Association of Broadcasters in Support of Pegasus Communications Corporation's Petition to Suspend Proceedings

1/17/02
Opposition of EchoStar Communications Corporation, General Motors Corporation, and Hughes Electronics Corporation

1/14/02
Pegasus Communications Corporation's Petition To Suspend The Pleading Cycle

1/9/02
Order Adopting Protective Order by the Chief, Cable Services Bureau (DA 02-27) Text | Word | Acrobat

1/7/02
Hart-Scott-Rodino Waiver Letter to the U.S. Department of Justice from EchoStar Communications Corporation, General Motors Corporation, and Hughes Electronics Corporation

Public Notice

12/21/01
EchoStar Communications Corporation, General Motors Corporation, and Hughes Electronics Corporation Seek FCC Consent For a Proposed Transfer of Control CS Docket No. 01-348, DA 01-3005

 

Applications

 

04/02/02
Application For Authority to Launch and Operate New EchoStar 1 filed by EchoStar Communications Corporation, General Motors Corporation and Hughes Electronics Corporation Technical Supplement

12/18/01
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

12/3/01
VOLUME I -
Consolidated Application For Authority to Transfer Control 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)

VOLUME III -
Transfer of Control Applications for Licenses Controlled by EchoStar Communications Corporation
Acrobat | Acrobat | Acrobat

VOLUME IV -
Transfer of Control Applications for Licenses Controlled by Hughes Electronics Corporation
Acrobat | Acrobat | Acrobat | Acrobat | Acrobat | Acrobat | Acrobat | Acrobat | Acrobat | Acrobat

Background

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.

Additionally, the Applicants request that the Commission approve the transfer of control of Section 214 authorizations controlled by Hughes to New EchoStar.

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. §§ 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.

Clock History

Day 1 was on: 12/21/01
This information was last updated on: 10/10/02

Clock Stopped		Clock Restarted	Days Stopped	Reason for Stop
Day	Date
156	10/9/02			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
77	3/7/02	7/23/02	138	Restart: Letter From W. Kenneth Ferree, Chief, Media Bureau to Applicants, Restarts the Clock Stop: Letter Denying Request for Extension of Time to the Applicants from the Cable Services Bureau