The New York Times The New York Times Business November 28, 2002  

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EchoStar Plan to Get Hughes Is Revised

By BLOOMBERG NEWS

WASHINGTON, Nov. 27 (Bloomberg News) — EchoStar Communications revised its plan today to buy Hughes Electronics for $26 billion in an effort to persuade regulators to reverse a decision blocking the proposed merger.

EchoStar refused to make public its filing to the Federal Communications Commission. The agency had set today as the deadline for any changes to the planned purchase of Hughes, the owner of DirecTV, from General Motors.

An EchoStar spokesman, Marc Lumpkin, declined to provide the revised documents. He terminated a phone call and did not return voice mail messages. "We are filing with the F.C.C.," he said before hanging up.

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An F.C.C. spokesman, David Fiske, and a Hughes spokesman, Richard Dore, said they could not confirm that a filing had been made or provide it. Both declined further comment.

The F.C.C. and the Justice Department oppose the proposed deal, which would create a company serving more than 95 percent of the nation's satellite TV subscribers. That concentration of market power will make it difficult for EchoStar, owner of the Dish Network satellite service, to overcome the agencies' competition concerns. EchoStar continues to push for regulatory approval to avoid paying Hughes a $600 million breakup fee, analysts said.

"Rigor mortis has set in on this merger even though the companies remain in deep denial," said Scott Cleland, chief executive of the Precursor Group.

Under the purchase agreement, Hughes can end the accord if the F.C.C. has not approved the deal by Jan. 6 or if the transaction has not been completed by Jan. 21.

If either company backs away from the purchase before those deadlines, it could be liable for the break-up fee, analysts said.

EchoStar and Hughes say they need to combine, reaching 18 million viewers, to compete with cable operators and offer advanced services like high-speed Internet access. The companies last month offered to sell Cablevision Systems enough spectrum for a rival satellite service.

F.C.C. officials said it would take too long for any potential new rival to become competitive.





U.S. to Challenge Deal by EchoStar To Acquire DirecTV  (October 31, 2002)  $

COMPANY NEWS; ECHOSTAR MAY SEEK TO EXIT DEAL FOR HUGHES ELECTRONICS  (October 23, 2002) 

F.C.C. Blocks EchoStar Deal With DirecTV  (October 11, 2002)  $

A Merger Unlikely, What's Next for EchoStar?  (October 11, 2002)  $

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