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 Federal  Communications  Commission  DA  02-  294 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of 
 EchoStar  Communications  Corporation, 
 General  Motors  Corporation,  and 
 Hughes  Electronics  Corporation 


 For  a  Transfer  of  Control 


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 )  ) 
 )  ) 
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 CS  Docket  No.  01-  348 


 ORDER  GRANTING  MOTION  FOR  ACCEPTANCE  OF  PETITION 
 Adopted:  February  7,  2002  Released:  February  8,  2002 
 By  the  Chief,  Cable  Services  Bureau: 
 1.  On  February  5,  2002,  Eagle  III  Broadcasting,  LLC  (“  Eagle”),  filed  a  motion  requesting 
 that  the  Commission  accept  its  Petition  to  Deny  (“  Petition”)  the  applications  of  EchoStar 
 Communications  Corporation,  et  al.,  in  the  above-  captioned  proceeding.  1  Eagle  states  that,  on  February 
 4,  2002,  the  due  date  for  such  filings,  it  could  not  gain  entry  at  the  Commission’s  new  filing  location 
 shortly  before  the  stated  7  p.  m.  closing  time.  2  Eagle  asserts  that  the  filing  of  its  Petition  one-  day  late  did 
 not  result  in  any  material  delay  because  it  electronically  served  numerous  Commission  staff  and  the 
 Commission’s  contract  duplicator,  Qualex  International,  on  February  4,  2002.  As  a  result,  according  to 
 Eagle,  acceptance  of  its  Petition  will  not  prejudice  other  participants  in  this  proceeding. 


 2.  We  accept  the  Petition  filed  by  Eagle  as  timely-  filed  in  light  of  its  good  faith  efforts  to 
 comply  with  the  Commission’s  new  filing  procedures.  We  confirm  that  the  Petition  was  e-  mailed  to 
 Commission  staff  and  Qualex  on  February  4,  2002.  Thus,  it  was  publicly  available  through  Qualex  as  if  it 
 had  been  received  at  the  filing  location  on  that  date.  It  is  important  to  obtain  a  full  and  complete  record  in 
 this  proceeding,  and  acceptance  of  Eagle’s  Petition  is  consistent  with  this  objective. 


 3.  Accordingly,  pursuant  to  authority  contained  in  section  1.  3  of  the  Commission’s  rules,  47 
 C.  F.  R.  §  1.  3,  IT  IS  ORDERED  that  the  Motion  for  Acceptance  of  Petition  filed  by  Eagle  is  hereby 
 GRANTED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 W.  Kenneth  Ferree 
 Chief,  Cable  Services  Bureau 


 1  See  Echostar  Communications  Corporation,  General  Motors  Corporation,  And  Hughes  Electronics  Corporation 
 Seek  FCC  Consent  For  A  Proposed  Transfer  Of  Control,  CS  Docket  No.  01-  348,  Public  Notice,  DA  01-  3005  (rel.  Dec.  21,  2001). 


 2  See  FCC  Announces  a  New  Filing  Location  for  Paper  Documents  and  a  New  Fax  Number  for  General 
 Correspondence,  Public  Notice,  DA  01-  2919  (rel.  Dec.  14,  2001). 
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