-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, CSyalkRFtkr59Dx+1+3fKT/oImg2039eFWlUXauuR8CIf1oVdORrt7T1FWeUX7R6 e7ppbwbNQRLOYe5tx53BGw== 0000950134-04-003549.txt : 20040316 0000950134-04-003549.hdr.sgml : 20040316 20040315215508 ACCESSION NUMBER: 0000950134-04-003549 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20040315 ITEM INFORMATION: Regulation FD Disclosure FILED AS OF DATE: 20040316 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ECHOSTAR DBS CORP CENTRAL INDEX KEY: 0001042642 STANDARD INDUSTRIAL CLASSIFICATION: COMMUNICATION SERVICES, NEC [4899] IRS NUMBER: 841328967 STATE OF INCORPORATION: CO FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 333-31929 FILM NUMBER: 04671093 BUSINESS ADDRESS: STREET 1: 9601 S. MERIDIAN BLVD. CITY: ENGLEWOOD STATE: CO ZIP: 80112 BUSINESS PHONE: 3037231277 MAIL ADDRESS: STREET 1: 9601 S. MERIDIAN BLVD. CITY: ENGLEWOOD STATE: CO ZIP: 80112 8-K 1 d13695e8vk.htm FORM 8-K e8vk
Table of Contents



SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): March 15, 2004

ECHOSTAR DBS CORPORATION

(Exact name of registrant as specified in charter)
         
COLORADO
(State or other jurisdiction
of incorporation)
  333-31929
(Commission
File Number)
  84-1328967
(IRS Employer
Identification No.)
         
9601 S. MERIDIAN BLVD.
ENGLEWOOD, COLORADO
(Address of principal executive offices)
       
80112
(Zip Code)

Registrant’s telephone number, including area code:                    (303) 723-1000



 


TABLE OF CONTENTS

Item 9. Regulation FD Disclosure
SIGNATURES


Table of Contents

Item 9. Regulation FD Disclosure

The following information is furnished pursuant to Item 9, “Regulation FD Disclosure,” and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section.

In a Form 8-K filed with the Securities and Exchange Commission (the “SEC”) on March 11, 2004, our parent company, EchoStar Communications Corporation (“EchoStar”) announced that it might seek a 15-day extension of the filing deadline for its Annual Report on Form 10-K for the year ended Dec. 31, 2003. The SEC recently informed EchoStar it believes we over reserved approximately $30 million for the replacement of smart cards. Those cards, which provide security that only paying customers can receive programming delivered by us, become obsolete as a result of piracy. During prior years, ending in 2002, we accrued the estimated cost to replace those cards, which are included in satellite receivers that we sell and lease to consumers. The SEC did not object to the accruals to replace the smart cards in satellite receivers sold to and owned by consumers. However, the SEC believes that we should not have accrued a liability for the replacement of smart cards in satellite receivers owned by us and leased to consumers.

The SEC initially expressed the view that reversal of the accrual would require us to restate our results for 2001, which would have required a re-audit of those financial statements. On March 12, 2004, the SEC informed EchoStar it would not object if we were to restate our financial statements for 2002 to record a reversal of approximately $17 million originally accrued in 2001 and $4 million originally accrued in 2000, and to reverse the approximately $9 million originally accrued in 2002 for these smart cards. As a result, a restatement of results for 2001 is not required to be performed. We intend to restate our financial statements for 2002 to reduce Subscriber related expenses by approximately $30 million, improving previously reported pre-tax operating results by an equal amount.

Reversal of the accrual will not affect previously reported free cash flow. To our knowledge, the SEC has no other outstanding issues concerning our financial or other reporting. A restatement of the 2002 consolidated financial statements must be completed before KPMG can complete its audits and report on our consolidated financial statements for the years ended December 31, 2003 and 2002 and before we can file our Annual Report on Form 10-K for 2003.

SIGNATURES

     Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
         
  ECHOSTAR DBS CORPORATION
 
 
Dated: March 15, 2004  By:   /s/ Michael R. McDonnell    
    Michael R. McDonnell   
    Senior Vice President and Chief Financial Officer   
 

 

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