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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 DA  02-  3173 
 November  14,  2002 


 ECHOSTAR  –  DIRECTV  MERGER  (CS  Docket  No.  01-  348) 
 FEES  FOR  PARTICIPATING  IN  HEARING 


 The  Commission’s  Order  designating  the  EchoStar  –  DirecTV  merger  for  hearing  1  states  that  the  written  appearances  of  the  entities  that  were  made  parties  to  the  proceeding  must  be  accompanied  by  the 
 fee  specified  in  Section  1.1107  of  the  Commission’s  Rules.  Section  1.1107  does  not,  however,  provide  for  a  fee  for  this  type  of  hearing.  2  Accordingly,  no  fee  is  due. 


 1  In  the  Matter  of  Application  of  EchoStar  Communications  Corporation,  (a  Nevada  Corporation), 
 General  Motors  Corporation,  and  Hughes  Electronics  Corporation  (Delaware  Corporations)  (Transferors)  and  EchoStar  Communications  Corporation  (a  Delaware  Corporation)  (Transferee),  CS  Docket  No.  01- 


 348,  Hearing  Designation  Order,  FCC  02-  284  ¶  297  (Oct.  18,  2002). 
 2  Section  1.1107  specifies  a  fee  for  a  hearing  in  the  DBS  service  in  two  instances:  new  and  major/  minor 
 change,  comparative  construction  permit  hearings,  and  comparative  license  renewal  hearings.  Neither  applies  here.  Further,  in  establishing  the  fee  program,  the  Commission  stated  that  with  respect  to  fees  for 


 hearings,  “we  will  not  assess  a  fee  in  the  following  situations:  individuals  or  organizations  named  parties  (47  C.  F.  R.  §1.  221);  intervenors  (47  C.  F.  R.  §1.223);  non-  parties  who  wish  to  appear  and  give  evidence  (47 
 C.  F.  R.  §1.225)  .  .  .  .”  Establishment  of  a  Fee  Collection  Program  to  Implement  the  Provisions  of  the  Consolidated  Omnibus  Budget  Reconciliation  Act  of  1985,  Report  and  Order,  2  FCC  Rcd  947,  966  ¶  143, 
 971  ¶  191,  985  n.  134  (1987).  Accordingly,  even  if  Section  1.1107  specified  a  fee,  it  would  not  apply  to  those  entities  named  as  parties  in  paragraph  297  of  the  Hearing  Designation  Order. 
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