Document_and_Entity_Informatio
Document and Entity Information | 9 Months Ended | ||
Sep. 30, 2013 | Nov. 06, 2013 | Nov. 06, 2013 | |
Class A common stock | Class B common stock | ||
Entity Registrant Name | 'EchoStar CORP | ' | ' |
Entity Central Index Key | '0001415404 | ' | ' |
Document Type | '10-Q | ' | ' |
Document Period End Date | 30-Sep-13 | ' | ' |
Amendment Flag | 'false | ' | ' |
Current Fiscal Year End Date | '--12-31 | ' | ' |
Entity Current Reporting Status | 'Yes | ' | ' |
Entity Filer Category | 'Large Accelerated Filer | ' | ' |
Entity Common Stock, Shares Outstanding | ' | 42,460,766 | 47,687,039 |
Document Fiscal Year Focus | '2013 | ' | ' |
Document Fiscal Period Focus | 'Q3 | ' | ' |
CONDENSED_CONSOLIDATED_BALANCE
CONDENSED CONSOLIDATED BALANCE SHEETS (USD $) | Sep. 30, 2013 | Dec. 31, 2012 |
In Thousands, unless otherwise specified | ||
Current Assets: | ' | ' |
Cash and cash equivalents | $821,356 | $731,614 |
Marketable investment securities | 887,628 | 815,951 |
Trade accounts receivable, net of allowance for doubtful accounts of $14,806 and $16,894, respectively | 165,255 | 211,373 |
Trade accounts receivable - DISH Network, net of allowance for doubtful accounts of zero | 336,164 | 281,845 |
Inventory | 73,567 | 84,348 |
Deferred tax assets | 20,583 | 23,317 |
Other current assets | 70,552 | 66,201 |
Total current assets | 2,375,105 | 2,214,649 |
Noncurrent Assets: | ' | ' |
Restricted cash and marketable investment securities | 14,951 | 29,045 |
Property and equipment, net of accumulated depreciation of $2,410,412 and $2,261,699, respectively | 2,529,575 | 2,612,284 |
Regulatory authorizations | 536,770 | 562,712 |
Goodwill | 507,924 | 507,924 |
Other intangible assets, net | 283,403 | 347,496 |
Other investments | 168,894 | 183,211 |
Other noncurrent assets, net | 247,837 | 142,912 |
Total noncurrent assets | 4,289,354 | 4,385,584 |
Total assets | 6,664,459 | 6,600,233 |
Current Liabilities: | ' | ' |
Trade accounts payable | 242,022 | 284,728 |
Trade accounts payable - DISH Network | 32,907 | 26,960 |
Current portion of long-term debt and capital lease obligations | 68,662 | 67,706 |
Deferred revenue and other | 47,279 | 47,652 |
Accrued interest | 42,500 | 6,775 |
Accrued compensation | 31,409 | 29,008 |
Accrued royalties | 20,389 | 18,034 |
Accrued expenses and other | 93,294 | 106,462 |
Total current liabilities | 578,462 | 587,325 |
Noncurrent Liabilities: | ' | ' |
Long-term debt and capital lease obligations, net of current portion | 2,364,121 | 2,420,793 |
Deferred tax liabilities | 440,388 | 373,447 |
Long-term deferred revenue and other long-term liabilities | 89,697 | 68,441 |
Total noncurrent liabilities | 2,894,206 | 2,862,681 |
Total liabilities | 3,472,668 | 3,450,006 |
Commitments and Contingencies (Note 13) | ' | ' |
Stockholders' Equity: | ' | ' |
Preferred Stock, $.001 par value, 20,000,000 shares authorized, none issued and outstanding | ' | ' |
Additional paid-in capital | 3,473,099 | 3,394,646 |
Accumulated other comprehensive income (loss) ("AOCI") | -15,248 | 18,752 |
Accumulated deficit | -176,420 | -174,439 |
Treasury stock, at cost | -98,162 | -98,162 |
Total EchoStar stockholders' equity | 3,183,365 | 3,140,890 |
Noncontrolling interests | 8,426 | 9,337 |
Total stockholders' equity | 3,191,791 | 3,150,227 |
Total liabilities and stockholders' equity | 6,664,459 | 6,600,233 |
Class A common stock | ' | ' |
Stockholders' Equity: | ' | ' |
Common stock | 48 | 45 |
Class B common stock | ' | ' |
Stockholders' Equity: | ' | ' |
Common stock | 48 | 48 |
Class C common stock | ' | ' |
Stockholders' Equity: | ' | ' |
Common stock | ' | ' |
Class D common stock | ' | ' |
Stockholders' Equity: | ' | ' |
Common stock | ' | ' |
CONDENSED_CONSOLIDATED_BALANCE1
CONDENSED CONSOLIDATED BALANCE SHEETS (Parenthetical) (USD $) | Sep. 30, 2013 | Dec. 31, 2012 |
In Thousands, except Share data, unless otherwise specified | ||
Current Assets: | ' | ' |
Allowance for doubtful accounts on trade accounts receivable (in dollars) | $14,806 | $16,894 |
Allowance for doubtful accounts on trade accounts receivable - DISH Network (in dollars) | 0 | 0 |
Property and equipment, accumulated depreciation (in dollars) | $2,410,412 | $2,261,699 |
Preferred Stock, par value (in dollars per share) | $0.00 | $0.00 |
Preferred stock, shares authorized (in shares) | 20,000,000 | 20,000,000 |
Preferred stock, shares issued (in shares) | 0 | 0 |
Preferred stock, shares outstanding (in shares) | 0 | 0 |
Class A common stock | ' | ' |
Common stock | ' | ' |
Common stock, par value (in dollars per share) | $0.00 | $0.00 |
Common stock, shares authorized (in shares) | 1,600,000,000 | 1,600,000,000 |
Common stock, shares issued (in shares) | 47,918,385 | 45,449,362 |
Common stock, shares outstanding (in shares) | 42,386,067 | 39,917,044 |
Class B common stock | ' | ' |
Common stock | ' | ' |
Common stock, par value (in dollars per share) | $0.00 | $0.00 |
Common stock, shares authorized (in shares) | 800,000,000 | 800,000,000 |
Common stock, shares issued (in shares) | 47,687,039 | 47,687,039 |
Common stock, shares outstanding (in shares) | 47,687,039 | 47,687,039 |
Class C common stock | ' | ' |
Common stock | ' | ' |
Common stock, par value (in dollars per share) | $0.00 | $0.00 |
Common stock, shares authorized (in shares) | 800,000,000 | 800,000,000 |
Common stock, shares issued (in shares) | 0 | 0 |
Common stock, shares outstanding (in shares) | 0 | 0 |
Class D common stock | ' | ' |
Common stock | ' | ' |
Common stock, par value (in dollars per share) | $0.00 | $0.00 |
Common stock, shares authorized (in shares) | 800,000,000 | 800,000,000 |
Common stock, shares issued (in shares) | 0 | 0 |
Common stock, shares outstanding (in shares) | 0 | 0 |
CONDENSED_CONSOLIDATED_STATEME
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS AND COMPREHENSIVE INCOME (LOSS) (USD $) | 3 Months Ended | 9 Months Ended | ||
In Thousands, except Per Share data, unless otherwise specified | Sep. 30, 2013 | Sep. 30, 2012 | Sep. 30, 2013 | Sep. 30, 2012 |
Revenue: | ' | ' | ' | ' |
Equipment revenue - DISH Network | $360,744 | $256,935 | $1,003,612 | $748,650 |
Equipment revenue - other | 77,084 | 143,764 | 270,049 | 487,097 |
Services and other revenue - DISH Network | 163,067 | 129,842 | 457,055 | 387,479 |
Services and other revenue - other | 248,013 | 234,180 | 743,649 | 712,279 |
Total revenue | 848,908 | 764,721 | 2,474,365 | 2,335,505 |
Costs and Expenses: | ' | ' | ' | ' |
Cost of sales - equipment | 378,665 | 342,230 | 1,097,557 | 1,046,423 |
Cost of sales - services and other | 203,268 | 175,346 | 571,892 | 513,208 |
Selling, general and administrative expenses | 84,071 | 93,871 | 268,088 | 282,357 |
General and administrative expenses - DISH Network | 228 | 1,168 | 773 | 4,406 |
Research and development expenses | 17,030 | 17,448 | 50,878 | 50,416 |
Depreciation and amortization | 124,742 | 110,778 | 379,585 | 339,472 |
Impairment of long-lived asset | ' | ' | 34,664 | ' |
Total costs and expenses | 808,004 | 740,841 | 2,403,437 | 2,236,282 |
Operating income | 40,904 | 23,880 | 70,928 | 99,223 |
Other Income (Expense): | ' | ' | ' | ' |
Interest income | 2,982 | 2,697 | 6,941 | 8,864 |
Interest expense, net of amounts capitalized | -47,713 | -33,840 | -145,485 | -109,258 |
Realized gains on marketable investment securities and other investments (includes reclassification of realized gains on available-for-sale ("AFS") securities out of AOCI of $1,754, $19,088, $36,252, and $147,093, respectively), net | 1,754 | 21,216 | 39,184 | 149,443 |
Equity in earnings (losses) of unconsolidated affiliates, net | 726 | -1,003 | -5,656 | 5,029 |
Other, net | 295 | 8,910 | 5,423 | 30,215 |
Total other income (expense), net | -41,956 | -2,020 | -99,593 | 84,293 |
Income (loss) before income taxes | -1,052 | 21,860 | -28,665 | 183,516 |
Income tax benefit, net | 5,689 | 409 | 27,217 | 704 |
Net income (loss) | 4,637 | 22,269 | -1,448 | 184,220 |
Less: Net income (loss) attributable to noncontrolling interests | 317 | -285 | 533 | -604 |
Net income (loss) attributable to EchoStar | 4,320 | 22,554 | -1,981 | 184,824 |
Weighted-average common shares outstanding - Class A and B common stock: | ' | ' | ' | ' |
Basic (in shares) | 89,868 | 87,279 | 89,081 | 87,031 |
Diluted (in shares) | 91,266 | 87,998 | 89,081 | 87,752 |
Earnings per share - Class A and B common stock: | ' | ' | ' | ' |
Basic (in dollars per share) | $0.05 | $0.26 | ($0.02) | $2.12 |
Diluted (in dollars per share) | $0.05 | $0.26 | ($0.02) | $2.11 |
Comprehensive Income (Loss) | ' | ' | ' | ' |
Net income (loss) | 4,637 | 22,269 | -1,448 | 184,220 |
Other comprehensive loss, net of tax: | ' | ' | ' | ' |
Foreign currency translation adjustments | -1,232 | 2,868 | -12,541 | -667 |
Unrealized gains (losses) on AFS securities and other | -848 | 6,536 | 13,816 | 42,318 |
Recognition of previously unrealized gains on AFS securities in net income (loss) | -1,754 | -19,088 | -36,252 | -147,093 |
Total other comprehensive loss, net of tax | -3,834 | -9,684 | -34,977 | -105,442 |
Comprehensive income (loss) | 803 | 12,585 | -36,425 | 78,778 |
Less: Comprehensive income (loss) attributable to noncontrolling interests | -36 | 192 | -444 | -235 |
Comprehensive income (loss) attributable to EchoStar | $839 | $12,393 | ($35,981) | $79,013 |
CONDENSED_CONSOLIDATED_STATEME1
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS AND COMPREHENSIVE INCOME (LOSS) (Parenthetical) (USD $) | 3 Months Ended | 9 Months Ended | ||
In Thousands, unless otherwise specified | Sep. 30, 2013 | Sep. 30, 2012 | Sep. 30, 2013 | Sep. 30, 2012 |
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS AND COMPREHENSIVE INCOME (LOSS) | ' | ' | ' | ' |
Reclassification of realized gains on available-for-sale ("AFS") securities out of AOCI | $1,754 | $19,088 | $36,252 | $147,093 |
CONDENSED_CONSOLIDATED_STATEME2
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS (USD $) | 9 Months Ended | |
In Thousands, unless otherwise specified | Sep. 30, 2013 | Sep. 30, 2012 |
Cash Flows from Operating Activities: | ' | ' |
Net income (loss) | ($1,448) | $184,220 |
Adjustments to reconcile net income (loss) to net cash flows from operating activities: | ' | ' |
Depreciation and amortization | 379,585 | 339,472 |
Realized gains on marketable investment securities and other investments, net | -39,184 | -149,443 |
Equity in losses (earnings) of unconsolidated affiliates, net | 5,656 | -5,029 |
Impairment of long-lived asset | 34,664 | ' |
Stock-based compensation | 13,988 | 14,361 |
Deferred tax benefit | -32,823 | -3,153 |
Changes in current assets and current liabilities, net | 19,972 | -32,948 |
Changes in noncurrent assets and noncurrent liabilities, net | -11,866 | -7,079 |
Other, net | 22,800 | 9,940 |
Net cash flows from operating activities | 391,344 | 350,341 |
Cash Flows from Investing Activities: | ' | ' |
Purchases of marketable investment securities | -745,822 | -698,738 |
Sales and maturities of marketable investment securities | 680,789 | 929,179 |
Purchases of property and equipment | -264,843 | -371,385 |
Changes in restricted cash and marketable investment securities | 14,094 | -2,582 |
Acquisition of regulatory authorizations | ' | -82,477 |
Transfer of regulatory authorization to DISH Network | 23,148 | ' |
Purchase of strategic investments included in other investment securities | -7,357 | -954 |
Other, net | -9,245 | -3,215 |
Net cash flows from investing activities | -309,236 | -230,172 |
Cash Flows from Financing Activities: | ' | ' |
Net proceeds from Class A common stock options exercised and stock issued under the Employee Stock Purchase Plan | 59,375 | 10,022 |
Repayment of long-term debt and capital lease obligations | -56,413 | -49,654 |
Other | 1,339 | -545 |
Net cash flows from financing activities | 4,301 | -40,177 |
Effect of exchange rates on cash and cash equivalents | 3,333 | 437 |
Net increase in cash and cash equivalents | 89,742 | 80,429 |
Cash and cash equivalents, beginning of period | 731,614 | 614,035 |
Cash and cash equivalents, end of period | 821,356 | 694,464 |
Supplemental Disclosure of Cash Flow Information: | ' | ' |
Cash paid for interest (including capitalized interest) | 110,456 | 110,131 |
Capitalized interest | 1,727 | 39,637 |
Cash received for interest | 20,922 | 22,551 |
Cash paid for income taxes | 9,747 | 12,602 |
Cash received for income taxes | 24,108 | 3,848 |
Employee benefits paid in Class A common stock | 4,761 | 4,282 |
Satellites and other assets financed under capital lease obligations | 5,219 | 30,263 |
Capitalized in-orbit incentive obligations | 18,000 | 24,950 |
Reduction of capital lease obligation for AMC-16 | 6,694 | 12,599 |
Changes in capital expenditures included in accounts payable | 10,947 | -30,767 |
Regulatory authorization included in accrued liabilities | ' | $16,000 |
Organization_and_Business_Acti
Organization and Business Activities | 9 Months Ended |
Sep. 30, 2013 | |
Organization and Business Activities | ' |
Organization and Business Activities | ' |
Note 1. Organization and Business Activities | |
Principal Business | |
EchoStar Corporation (together with its subsidiaries is referred to as “EchoStar,” the “Company,” “we,” “us” and/or “our”) is a holding company that was organized in October 2007 as a corporation under the laws of the State of Nevada. In 2008, DISH Network Corporation and its subsidiaries (“DISH Network”) contributed their digital set-top box business and certain infrastructure and other assets, including certain of their satellites, uplink and satellite transmission assets, real estate, and other assets and related liabilities to us (the “Spin-off”). Since the Spin-off, EchoStar and DISH Network have operated as separate publicly-traded companies, and neither entity has any ownership interest in the other. However, a substantial majority of the voting power of the shares of both companies is owned beneficially by Charles W. Ergen, our Chairman, and by certain trusts established by Mr. Ergen for the benefit of his family. Our Class A common stock is publicly traded on the Nasdaq Global Select Market under the symbol “SATS.” We are a global provider of satellite operations, video delivery solutions, and broadband satellite technologies and services for home and office, delivering innovative network technologies, managed services, and solutions for enterprises and governments. | |
We currently operate in three business segments. | |
· EchoStar Technologies — which designs, develops and distributes digital set-top boxes and related products and technology, primarily for satellite TV service providers, telecommunication and international cable companies. In addition, we provide our Slingboxes directly to consumers via retail outlets and we are in discussions with original equipment manufacturers to provide our Sling technology licensing to cable and telco operators worldwide. Our EchoStar Technologies segment also provides digital broadcast operations, including satellite uplinking/downlinking, transmission services, signal processing, conditional access management, and other services, primarily to DISH Network. | |
· Hughes — which provides satellite broadband Internet access to North American consumers and broadband network services and systems to the domestic and international enterprise markets. The Hughes segment also provides managed services to large enterprises and networking systems solutions to customers for mobile satellite and wireless backhaul systems. | |
· EchoStar Satellite Services — which uses certain of our owned and leased in-orbit satellites and related licenses to lease capacity on a full-time and occasional-use basis primarily to DISH Network and secondarily to Dish Mexico, S. de R.L. de C.V. (“Dish Mexico”), a joint venture we entered into in 2008, United States government service providers, state agencies, internet service providers, broadcast news organizations, programmers, and private enterprise customers. |
Summary_of_Significant_Account
Summary of Significant Accounting Policies | 9 Months Ended |
Sep. 30, 2013 | |
Summary of Significant Accounting Policies | ' |
Summary of Significant Accounting Policies | ' |
Note 2. Summary of Significant Accounting Policies | |
Basis of Presentation | |
The accompanying unaudited Condensed Consolidated Financial Statements have been prepared in accordance with accounting principles generally accepted in the United States (“GAAP”) and with the instructions to Form 10-Q and Article 10 of Regulation S-X for interim financial information. Accordingly, these financial statements do not include all of the information and notes required for complete financial statements prepared in accordance with GAAP. In our opinion, all adjustments (consisting of normal recurring adjustments) considered necessary for a fair presentation have been included. Our results of operations for the interim periods presented are not necessarily indicative of the results that may be expected for the full year. For further information, refer to the Consolidated Financial Statements and notes thereto included in our Annual Report on Form 10-K for the year ended December 31, 2012. Certain prior period amounts have been reclassified to conform to the current period presentation. | |
Principles of Consolidation | |
We consolidate all majority owned subsidiaries, investments in entities in which we have controlling interest and variable interest entities where we are the primary beneficiary. Non-majority owned investments are accounted for using the equity method when we have the ability to significantly influence the operating decisions of the investee. When we do not have the ability to significantly influence the operating decisions of the investee, the cost method is used. All significant intercompany accounts and transactions have been eliminated in consolidation. | |
Use of Estimates | |
The preparation of financial statements in accordance with GAAP requires us to make certain estimates and assumptions that affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenue and expense for each reporting period. Estimates are used in accounting for, among other things, amortization periods of deferred revenue and deferred subscriber acquisition costs, percentage-of-completion related to revenue recognition, allowances for doubtful accounts, allowances for sales returns and rebates, warranty obligations, self-insurance obligations, deferred taxes and related valuation allowances, uncertain tax positions, loss contingencies, fair value of financial instruments, fair value of our stock-based compensation, fair value of assets and liabilities acquired in business combinations, lease classifications, asset impairments, useful lives and amortization methods of property, equipment and intangible assets, and royalty obligations. Weakened economic conditions may increase the inherent uncertainty in the estimates and assumptions indicated above. We base our estimates and assumptions on historical experience and on various other factors that we believe to be relevant under the circumstances. Due to the inherent uncertainty involved in making estimates, actual results may differ from previously estimated amounts, and such differences may be material to our Condensed Consolidated Financial Statements. Estimates and assumptions are reviewed periodically, and the effects of revisions are reflected prospectively in the period they occur. | |
Fair Value Measurements | |
We determine fair value based on the exchange price that would be received for an asset or paid to transfer a liability (an exit price) in the principal or most advantageous market for the asset or liability in an orderly transaction between market participants. Market or observable inputs are the preferred source of values, followed by unobservable inputs or assumptions based on hypothetical transactions in the absence of market inputs. We utilize the highest level of inputs available according to the following hierarchy in determining fair value: | |
· Level 1, defined as observable inputs being quoted prices in active markets for identical assets; | |
· Level 2, defined as observable inputs other than quoted prices included in Level 1, including quoted prices for similar assets and liabilities in active markets; quoted prices for identical or similar instruments in markets that are not active; and model-derived valuations in which significant inputs and significant value drivers are observable in active markets; and | |
· Level 3, defined as unobservable inputs for which little or no market data exists, consistent with reasonably available assumptions made by other participants, therefore requiring assumptions based on the best information available. | |
Transfers between levels in the fair value hierarchy are considered to occur at the beginning of the quarterly accounting period. There were no transfers between levels for the nine months ended September 30, 2013 or 2012. | |
As of September 30, 2013 and December 31, 2012, the carrying amount of our cash and cash equivalents, trade accounts receivable, net of allowance for doubtful accounts, and accrued liabilities were equal to or approximated fair value due to their short-term nature or proximity to current market rates. | |
Fair values of our current marketable investment securities are based on a variety of observable market inputs. For our investments in publicly traded equity securities, fair value ordinarily is determined based on a Level 1 measurement that reflects quoted prices for identical securities in active markets. Fair values of our investments in marketable debt securities generally are based on Level 2 measurements as the markets for debt securities are less active. Trades of identical debt securities on or near the measurement date are considered a strong indication of fair value. Matrix pricing techniques that consider par value, coupon rate, credit quality, maturity and other relevant features also may be used to determine fair value of our investments in marketable debt securities. | |
Fair values for our publicly traded long-term debt are based on quoted market prices in less active markets and are categorized as Level 2 measurements. The fair values of our privately held debt are Level 2 measurements and are estimated to approximate their carrying amounts based on the proximity of their interest rates to current market rates. See Note 10 for the fair value of our long-term debt. As of September 30, 2013 and December 31, 2012, the fair values of our orbital incentive obligations, based on measurements categorized within Level 2 of the fair value hierarchy, approximated their carrying amounts of $47.8 million and $30.0 million, respectively. We use fair value measurements from time-to-time in connection with impairment testing and the assignment of purchase consideration to assets and liabilities of acquired companies. Those fair value measurements typically include significant unobservable inputs and are categorized within Level 3 of the fair value hierarchy. | |
New Accounting Pronouncements | |
In February 2013, the Financial Accounting Standards Board (“FASB”) issued Accounting Standards Update (“ASU”) No. 2013-02 amending the presentation guidance on the reporting of amounts reclassified out of accumulated other comprehensive income (loss). ASU No. 2013-02 requires entities to report the effect of significant reclassifications out of accumulated other comprehensive income (loss) on the respective line items either on the face of the statements of operations or in the notes to the financial statements. ASU No. 2013-02 is effective for annual and interim periods beginning after December 15, 2012. The adoption of ASU No. 2013-02 on January 1, 2013 did not have a material impact on our financial condition, results of operations, or cash flows. The presentation of our Condensed Consolidated Statements of Operations and Comprehensive Income (Loss) reflects the disclosure required by ASU No. 2013-02. | |
In July 2013, the FASB issued ASU No. 2013-11 amending requirements for the presentation of unrecognized tax benefits when a net operating loss carryforward, a similar tax loss, or a tax credit carryforward exists. ASU No. 2013-11 requires entities to present in the financial statements an unrecognized tax benefit, or a portion of an unrecognized tax benefit as a reduction to a deferred tax asset for a net operating loss carryforward, a similar tax loss, or a tax credit carryforward except to the extent such items are not available or not intended to be used at the reporting date to settle any additional income taxes that would result from the disallowance of a tax position. In such instances, the unrecognized tax benefit is required to be presented in the financial statements as a liability and not be combined with deferred tax assets. ASU No. 2013-11 is effective for annual and interim periods beginning after December 15, 2013. We do not expect the adoption of ASU No. 2013-11 to have a material impact on our financial condition, results of operations, or cash flows. |
Earnings_per_Share
Earnings per Share | 9 Months Ended | |||||||||||||
Sep. 30, 2013 | ||||||||||||||
Earnings per Share | ' | |||||||||||||
Earnings per Share | ' | |||||||||||||
Note 3. Earnings per Share | ||||||||||||||
We present both basic earnings per share (“EPS”) and diluted EPS. Basic EPS excludes potential dilution and is computed by dividing “Net income (loss) attributable to EchoStar” by the weighted-average number of common shares outstanding for the period. Diluted EPS reflects the potential dilution that could occur if stock awards were exercised. The potential dilution from stock awards was computed using the treasury stock method based on the average market value of our Class A common stock during the period. The calculation of our diluted weighted-average common shares outstanding excluded (i) underlying options to purchase shares of our Class A common stock as their effect is anti-dilutive of 1.9 million and 4.5 million shares for the three months ended September 30, 2013 and 2012, respectively, and 4.0 thousand and 5.0 million shares for the nine months ended September 30, 2013 and 2012, respectively, and (ii) our Class A common stock that are contingently issuable based upon meeting a company-specific goal by March 31, 2015 pursuant to our performance based stock incentive plan, which was not probable of being achieved as of September 30, 2013 of 0.7 million and 0.7 million shares for the three and nine months ended September 30, 2013 and 2012, respectively. | ||||||||||||||
The following table presents basic and diluted EPS amounts for all periods and the corresponding weighted-average shares outstanding used in the calculations. | ||||||||||||||
For the Three Months | For the Nine Months | |||||||||||||
Ended September 30, | Ended September 30, | |||||||||||||
2013 | 2012 | 2013 | 2012 | |||||||||||
(In thousands, except per share amounts) | ||||||||||||||
Net income (loss) attributable to EchoStar | $ | 4,320 | $ | 22,554 | $ | (1,981 | ) | $ | 184,824 | |||||
Weighted-average common shares outstanding - Class A and B common stock: | ||||||||||||||
Basic | 89,868 | 87,279 | 89,081 | 87,031 | ||||||||||
Dilutive impact of stock awards outstanding | 1,398 | 719 | — | 721 | ||||||||||
Diluted | 91,266 | 87,998 | 89,081 | 87,752 | ||||||||||
Earnings per share - Class A and B common stock: | ||||||||||||||
Basic | $ | 0.05 | $ | 0.26 | $ | (0.02 | ) | $ | 2.12 | |||||
Diluted | $ | 0.05 | $ | 0.26 | $ | (0.02 | ) | $ | 2.11 |
Other_Comprehensive_Income_Los
Other Comprehensive Income (Loss) and Related Tax Effects | 9 Months Ended |
Sep. 30, 2013 | |
Other Comprehensive Income (Loss) and Related Tax Effects | ' |
Other Comprehensive Income (Loss) and Related Tax Effects | ' |
Note 4. Other Comprehensive Income (Loss) and Related Tax Effects | |
We have not recognized any tax effects on foreign currency translation adjustments because they are not expected to result in future taxable income or deductions. We have not recognized any tax effects on unrealized gains or losses on available-for-sale securities because such gains or losses would affect the amount of existing capital loss carryforwards for which the related deferred tax asset has been fully offset by a valuation allowance. |
Investment_Securities
Investment Securities | 9 Months Ended | |||||||||||||||||||
Sep. 30, 2013 | ||||||||||||||||||||
Investment Securities | ' | |||||||||||||||||||
Investment Securities | ' | |||||||||||||||||||
Note 5. Investment Securities | ||||||||||||||||||||
Our marketable investment securities, restricted cash and cash equivalents, and other investments consisted of the following: | ||||||||||||||||||||
As of | ||||||||||||||||||||
September 30, | December 31, | |||||||||||||||||||
2013 | 2012 | |||||||||||||||||||
(In thousands) | ||||||||||||||||||||
Marketable investment securities—current: | ||||||||||||||||||||
Corporate bonds | $ | 765,006 | $ | 654,096 | ||||||||||||||||
VRDNs | 50,770 | 66,145 | ||||||||||||||||||
Strategic | 28,435 | 56,288 | ||||||||||||||||||
Other | 43,417 | 39,422 | ||||||||||||||||||
Total marketable investment securities—current | 887,628 | 815,951 | ||||||||||||||||||
Restricted marketable investment securities (1) | 5,951 | 7,529 | ||||||||||||||||||
Total | 893,579 | 823,480 | ||||||||||||||||||
Restricted cash and cash equivalents (1) | 9,000 | 21,516 | ||||||||||||||||||
Other investments—noncurrent: | ||||||||||||||||||||
Cost method | 25,977 | 27,711 | ||||||||||||||||||
Equity method | 142,917 | 155,500 | ||||||||||||||||||
Total other investments—noncurrent | 168,894 | 183,211 | ||||||||||||||||||
Total marketable investment securities, restricted cash and cash equivalents, and other investments | $ | 1,071,473 | $ | 1,028,207 | ||||||||||||||||
(1) Restricted marketable investment securities and restricted cash and cash equivalents are included in “Restricted cash and marketable investment securities” on our Condensed Consolidated Balance Sheets. | ||||||||||||||||||||
Marketable Investment Securities | ||||||||||||||||||||
Our marketable investment securities portfolio consists of various debt and equity instruments, all of which are classified as available-for-sale. | ||||||||||||||||||||
Corporate bonds | ||||||||||||||||||||
Our corporate bond portfolio includes debt instruments issued by individual corporations, primarily in the industrial and financial services industries. | ||||||||||||||||||||
Variable rate demand notes (“VRDNs”) | ||||||||||||||||||||
VRDNs are long-term floating rate bonds with embedded put options that allow the bondholder to sell the security at par plus accrued interest. All of the put options are secured by a pledged liquidity source. Our VRDN portfolio is comprised of investments in municipalities and corporations, which are backed by financial institutions or other highly rated companies that serve as the pledged liquidity source. While they are classified as marketable investment securities, the put option allows VRDNs to be liquidated generally on a same day or on a five business day settlement basis. | ||||||||||||||||||||
Strategic | ||||||||||||||||||||
Our strategic investment portfolio consists of investments in shares of common stock of public companies, which are highly speculative and have experienced and continue to experience volatility. The value of our investment portfolio depends on the value of such shares of common stock. | ||||||||||||||||||||
Other | ||||||||||||||||||||
Our other current marketable investment securities portfolio includes investments in various debt instruments, including government bonds. | ||||||||||||||||||||
Restricted Cash and Marketable Investment Securities | ||||||||||||||||||||
As of September 30, 2013 and December 31, 2012, our restricted marketable investment securities, together with our restricted cash, included amounts required as collateral for our letters of credit or surety bonds. | ||||||||||||||||||||
Other Investments - Noncurrent | ||||||||||||||||||||
We have several strategic investments in certain equity securities that are accounted for using either the equity or the cost method of accounting. Our ability to realize value from our strategic investments in companies that are not publicly traded depends on the success of those companies’ businesses and their ability to obtain sufficient capital to execute their business plans. Because private markets are not as liquid as public markets, there is also increased risk that we will not be able to sell these investments, or that when we desire to sell them we will not be able to obtain fair value for them. | ||||||||||||||||||||
Unrealized Gains (Losses) on Marketable Investment Securities | ||||||||||||||||||||
The components of our available-for-sale investments are summarized in the table below. | ||||||||||||||||||||
Amortized | Unrealized | Estimated | ||||||||||||||||||
Cost | Gains | Losses | Fair Value | |||||||||||||||||
(In thousands) | ||||||||||||||||||||
As of September 30, 2013 | ||||||||||||||||||||
Debt securities: | ||||||||||||||||||||
Corporate bonds | $ | 764,896 | $ | 327 | $ | (217 | ) | $ | 765,006 | |||||||||||
VRDNs | 50,770 | — | — | 50,770 | ||||||||||||||||
Other (including restricted) | 49,375 | 4 | (11 | ) | 49,368 | |||||||||||||||
Equity securities - strategic | 15,272 | 13,500 | (337 | ) | 28,435 | |||||||||||||||
Total marketable investment securities | $ | 880,313 | $ | 13,831 | $ | (565 | ) | $ | 893,579 | |||||||||||
As of December 31, 2012 | ||||||||||||||||||||
Debt securities: | ||||||||||||||||||||
Corporate bonds | $ | 653,812 | $ | 591 | $ | (307 | ) | $ | 654,096 | |||||||||||
VRDNs | 66,145 | — | — | 66,145 | ||||||||||||||||
Other (including restricted) | 46,946 | 5 | — | 46,951 | ||||||||||||||||
Equity securities - strategic | 21,214 | 35,074 | — | 56,288 | ||||||||||||||||
Total marketable investment securities | $ | 788,117 | $ | 35,670 | $ | (307 | ) | $ | 823,480 | |||||||||||
As of September 30, 2013, our restricted and non-restricted marketable investment securities included debt securities of $731.7 million with contractual maturities of one year or less and $133.4 million with contractual maturities greater than one year. We may realize proceeds from certain investments prior to their contractual maturity as a result of our ability to sell these securities prior to their contractual maturity. | ||||||||||||||||||||
Marketable Investment Securities in a Loss Position | ||||||||||||||||||||
The following table reflects the length of time that our available-for-sale securities have been in an unrealized loss position. We do not intend to sell these securities before they recover or mature, and it is more likely than not that we will hold these securities until they recover or mature. In addition, we are not aware of any specific factors indicating that the underlying issuers of these securities would not be able to pay interest as it becomes due or repay the principal at maturity. Therefore, we believe that these changes in the estimated fair values of these securities are primarily related to temporary market fluctuations. | ||||||||||||||||||||
As of | ||||||||||||||||||||
September 30, 2013 | December 31, 2012 | |||||||||||||||||||
Fair | Unrealized | Fair | Unrealized | |||||||||||||||||
Value | Losses | Value | Losses | |||||||||||||||||
(In thousands) | ||||||||||||||||||||
Less than 12 months | $ | 256,380 | $ | (517 | ) | $ | 275,587 | $ | (288 | ) | ||||||||||
12 months or more | 54,907 | (48 | ) | 12,963 | (19 | ) | ||||||||||||||
Total | $ | 311,287 | $ | (565 | ) | $ | 288,550 | $ | (307 | ) | ||||||||||
Realized Gains (Losses) on Marketable Investment Securities | ||||||||||||||||||||
We recognized gains from the sales of our marketable investment securities of $1.8 million and $19.1 million for the three months ended September 30, 2013 and 2012, respectively, and $36.3 million and $147.1 million for the nine months ended September 30, 2013 and 2012, respectively. We recognized minimal losses from the sales of our marketable investment securities for the three and nine months ended September 30, 2013 and 2012. | ||||||||||||||||||||
Proceeds from sales of our marketable investment securities totaled $47.4 million and $49.5 million for the three months ended September 30, 2013 and 2012, respectively, and $142.7 million and $499.8 million for the nine months ended September 30, 2013 and 2012, respectively. | ||||||||||||||||||||
Fair Value Measurements | ||||||||||||||||||||
Our current marketable investment securities are measured at fair value on a recurring basis as summarized in the table below. As of September 30, 2013 and December 31, 2012, we did not have investments that were categorized within Level 3 of the fair value hierarchy. | ||||||||||||||||||||
As of | ||||||||||||||||||||
September 30, 2013 | December 31, 2012 | |||||||||||||||||||
Total | Level 1 | Level 2 | Total | Level 1 | Level 2 | |||||||||||||||
(In thousands) | ||||||||||||||||||||
Cash equivalents (including restricted) | $ | 680,320 | $ | 48,234 | $ | 632,086 | $ | 533,943 | $ | 23,621 | $ | 510,322 | ||||||||
Debt securities: | ||||||||||||||||||||
Corporate bonds | $ | 765,006 | $ | — | $ | 765,006 | $ | 654,096 | $ | — | $ | 654,096 | ||||||||
VRDNs | 50,770 | — | 50,770 | 66,145 | — | 66,145 | ||||||||||||||
Other (including restricted) | 49,368 | — | 49,368 | 46,951 | — | 46,951 | ||||||||||||||
Equity securities - strategic | 28,435 | 28,435 | — | 56,288 | 56,288 | — | ||||||||||||||
Total marketable investment securities | $ | 893,579 | $ | 28,435 | $ | 865,144 | $ | 823,480 | $ | 56,288 | $ | 767,192 | ||||||||
Investments in TerreStar | ||||||||||||||||||||
In February 2008, we completed several transactions under a Master Investment Agreement between us, TerreStar Corporation and TerreStar Networks Inc. (“TerreStar”). Under the Master Investment Agreement, we acquired, among other things, $50.0 million in aggregate principal amount of TerreStar’s 6 1/2% Senior Exchangeable Paid-in-Kind Notes due June 15, 2014 (“Exchangeable Notes”). TerreStar and certain of its affiliates filed for bankruptcy protection under Chapter 11 of the United States Bankruptcy Code on October 19, 2010. The United States Bankruptcy Court for the Southern District of New York confirmed TerreStar’s Chapter 11 plan of reorganization (the “TerreStar Plan”) on February 15, 2012. Effective March 29, 2012, the Exchangeable Notes were cancelled pursuant to the TerreStar Plan. As of September 30, 2013 and December 31, 2012, we had no investment in TerreStar. |
Trade_Accounts_Receivable
Trade Accounts Receivable | 9 Months Ended | |||||||
Sep. 30, 2013 | ||||||||
Trade Accounts Receivable | ' | |||||||
Trade Accounts Receivable | ' | |||||||
Note 6. Trade Accounts Receivable | ||||||||
Our trade accounts receivable consisted of the following: | ||||||||
As of | ||||||||
September 30, | December 31, | |||||||
2013 | 2012 | |||||||
(In thousands) | ||||||||
Trade accounts receivable | $ | 167,626 | $ | 188,463 | ||||
Contracts in process, net | 12,435 | 39,804 | ||||||
Total trade accounts receivable | 180,061 | 228,267 | ||||||
Allowance for doubtful accounts | (14,806 | ) | (16,894 | ) | ||||
Total trade accounts receivable, net | $ | 165,255 | $ | 211,373 | ||||
As of September 30, 2013 and December 31, 2012, progress billings offset against contracts in process amounted to $6.3 million and $5.4 million, respectively. |
Inventory
Inventory | 9 Months Ended | |||||||
Sep. 30, 2013 | ||||||||
Inventory | ' | |||||||
Inventory | ' | |||||||
Note 7. Inventory | ||||||||
Our inventory consisted of the following: | ||||||||
As of | ||||||||
September 30, | December 31, | |||||||
2013 | 2012 | |||||||
(In thousands) | ||||||||
Finished goods | $ | 51,835 | $ | 57,540 | ||||
Raw materials | 13,782 | 19,041 | ||||||
Work-in-process | 7,950 | 7,767 | ||||||
Total inventory | $ | 73,567 | $ | 84,348 |
Property_and_Equipment
Property and Equipment | 9 Months Ended | |||||||||||||
Sep. 30, 2013 | ||||||||||||||
Property and Equipment | ' | |||||||||||||
Property and Equipment | ' | |||||||||||||
Note 8. Property and Equipment | ||||||||||||||
Property and equipment consisted of the following: | ||||||||||||||
Depreciable | As of | |||||||||||||
Life | September 30, | December 31, | ||||||||||||
(In Years) | 2013 | 2012 | ||||||||||||
(In thousands) | ||||||||||||||
Land | — | $ | 42,849 | $ | 42,312 | |||||||||
Buildings and improvements | Jan-40 | 375,322 | 363,338 | |||||||||||
Furniture, fixtures, equipment and other | 12-Jan | 1,146,020 | 1,064,071 | |||||||||||
Customer rental equipment | 5-Jan | 338,181 | 251,708 | |||||||||||
Satellites - owned (1) | 15-Oct | 1,949,040 | 1,762,264 | |||||||||||
Satellites acquired under capital leases | 15-Oct | 935,104 | 935,104 | |||||||||||
Construction in progress | — | 153,471 | 455,186 | |||||||||||
Total property and equipment | 4,939,987 | 4,873,983 | ||||||||||||
Accumulated depreciation (1) | (2,410,412 | ) | (2,261,699 | ) | ||||||||||
Property and equipment, net | $ | 2,529,575 | $ | 2,612,284 | ||||||||||
(1) Balances previously reported as of December 31, 2012 have been reduced to exclude a fully-depreciated satellite that was retired from commercial service prior to December 31, 2012. | ||||||||||||||
“Construction in progress” consisted of the following: | ||||||||||||||
As of | ||||||||||||||
September 30, | December 31, | |||||||||||||
2013 | 2012 | |||||||||||||
(In thousands) | ||||||||||||||
Progress amounts for satellite construction, including certain amounts prepaid under satellite service agreements and launch costs: | ||||||||||||||
EchoStar XIX | $ | 65,101 | $ | 9,325 | ||||||||||
TerreStar-2 | 10,317 | — | ||||||||||||
EchoStar XVI | — | 345,090 | ||||||||||||
Other | 28,153 | 25,710 | ||||||||||||
Uplinking equipment | 22,366 | 37,264 | ||||||||||||
Other | 27,534 | 37,797 | ||||||||||||
Construction in progress | $ | 153,471 | $ | 455,186 | ||||||||||
Depreciation expense associated with our property and equipment consisted of the following: | ||||||||||||||
For the Three Months | For the Nine Months | |||||||||||||
Ended September 30, | Ended September 30, | |||||||||||||
2013 | 2012 | 2013 | 2012 | |||||||||||
(In thousands) | ||||||||||||||
Satellites | $ | 43,722 | $ | 35,443 | $ | 136,795 | $ | 109,561 | ||||||
Furniture, fixtures, equipment and other | 31,323 | 28,638 | 96,094 | 90,877 | ||||||||||
Customer rental equipment | 24,611 | 20,123 | 71,691 | 58,414 | ||||||||||
Buildings and improvements | 3,343 | 3,195 | 10,024 | 9,595 | ||||||||||
Total depreciation expense | $ | 102,999 | $ | 87,399 | $ | 314,604 | $ | 268,447 | ||||||
Satellites | ||||||||||||||
As of September 30, 2013, we utilized 12 of our owned and leased satellites in geostationary orbit approximately 22,300 miles above the equator. Four of our satellites are accounted for as capital leases and are depreciated on a straight-line basis over the terms of the satellite service agreements. We depreciate our owned satellites on a straight-line basis over the estimated useful life of each satellite. | ||||||||||||||
Recent Developments | ||||||||||||||
EchoStar VI and VIII. DISH Network leases satellite capacity from us on certain of our satellites. The leases for the EchoStar VI and VIII satellites expired in accordance with their terms in the first quarter of 2013. DISH Network no longer leases capacity from us on the EchoStar VI satellite; however, in May 2013 DISH Network began leasing capacity from us on EchoStar VIII as an in-orbit spare. Subject to certain terms and conditions, this lease expires on February 1, 2014. EchoStar VI was fully depreciated in August 2012. | ||||||||||||||
EchoStar XVI. In November 2012, we launched the EchoStar XVI satellite, a direct broadcast satellite (“DBS”). EchoStar XVI is leased to DISH Network for the delivery of direct-to-home (“DTH”) broadcast services to DISH Network customers in the United States. We began to lease capacity on EchoStar XVI to DISH Network in January 2013. | ||||||||||||||
EchoStar XIX. In March 2013, we entered into a contract for the design and construction of the EchoStar XIX satellite, which is expected to be launched in mid-2016. EchoStar XIX is our next-generation, high throughput geostationary satellite that will employ a multi-spot beam, bent pipe Ka-band architecture and will provide additional capacity for our broadband services to the consumer market in North America. | ||||||||||||||
TerreStar-2. In August 2013, we and DISH Network entered into a development agreement (“T2 Development Agreement”) with respect to the TerreStar-2 (“T2”) satellite under which we will reimburse DISH Network for amounts it pays pursuant to an authorization to proceed with Space Systems/Loral, LLC in connection with the construction of the T2 satellite. In exchange, DISH Network granted us a right of first refusal and right of first offer to purchase the T2 satellite during the term of the T2 Development Agreement. In addition, under certain circumstances, we have a right to receive a portion of the sale proceeds in the event T2 is sold to a third party during or following the term of the T2 Development Agreement. | ||||||||||||||
Satellite Anomalies | ||||||||||||||
Certain of our satellites have experienced anomalies, some of which have had a significant adverse impact on their remaining useful lives and/or commercial operations. There can be no assurance that future anomalies will not further impact the remaining useful life and commercial operation of any of the satellites in our fleet. In addition, there can be no assurance that we can recover critical transmission capacity in the event one or more of our in-orbit satellites were to fail. We generally do not carry in-orbit insurance on our satellites; therefore, we generally bear the risk of any uninsured in-orbit failures. Pursuant to the terms of the agreements governing certain portions of our indebtedness, we are required, subject to certain limitations on coverage, to maintain launch and in-orbit insurance for SPACEWAY 3, EchoStar XVI, and EchoStar XVII. The recent satellite anomalies that affected certain of our satellites are discussed below. | ||||||||||||||
Owned Satellites | ||||||||||||||
EchoStar III. EchoStar III was originally designed to operate a maximum of 32 DBS transponders in a mode that provides service to the entire continental United States (“CONUS”). As a result of the failure of traveling wave tube amplifiers (“TWTAs”) in previous years, including the most recent failures in February 2013 and April 2013, only six transponders are currently available for use. It is likely that additional TWTA failures will occur from time to time in the future and such failures could further impact commercial operation of the satellite. EchoStar III was fully depreciated in 2009. | ||||||||||||||
Leased Satellites | ||||||||||||||
Pursuant to our satellite lease agreements, we are entitled to a reduction in our monthly recurring lease payments in the event of a partial loss of satellite capacity, which ordinarily results in a corresponding reduction in the related capital lease obligation and the carrying amount of the respective satellite. | ||||||||||||||
AMC-16. As a result of prior period depreciation and adjustments associated with satellite anomalies, the net carrying amount of AMC-16 was reduced to zero as of December 31, 2010. Therefore, subsequent reductions in our recurring lease payments are recognized as gains in “Other, net” on our Condensed Consolidated Statements of Operations and Comprehensive Income (Loss). In each of February 2012, April 2012, and November 2012, AMC-16 experienced a solar-power anomaly, which caused a partial loss of satellite capacity. Accordingly, we reduced our capital lease obligation for AMC-16 and recognized corresponding gains of $4.7 million in the second quarter of 2012, $7.9 million in the third quarter of 2012, and $6.7 million in the first quarter of 2013. There can be no assurance that the existing anomalies or any future anomalies will not reduce AMC-16’s useful life or further impact its commercial operations. | ||||||||||||||
Satellite Impairments | ||||||||||||||
We evaluate our satellites for impairment and test for recoverability whenever events or changes in circumstances indicate that their carrying amount may not be recoverable. Certain of the anomalies discussed above, and previously disclosed, may be considered to represent a significant adverse change in the physical condition of a particular satellite. However, based on the redundancy designed within each satellite, these anomalies are not necessarily considered to be significant events that would require a test of recoverability. | ||||||||||||||
EchoStar XII. Prior to 2012, EchoStar XII experienced anomalies resulting in the loss of electrical power available from its solar arrays, which reduced the number of transponders that could be operated. In September 2012, November 2012, and January 2013, EchoStar XII experienced additional solar array anomalies, which further reduced electrical power available. Our ongoing engineering analysis, completed in consultation with the satellite manufacturer, has indicated that further loss of available electrical power and resulting capacity loss is likely. The satellite is currently leased to DISH Network pursuant to an agreement that entitles DISH Network to a reduction in its monthly recurring lease payments in the event of a partial loss of satellite capacity or complete failure of the satellite. In the second quarter of 2013, we determined that the undiscounted cash flows from DISH Network were not likely to be sufficient to recover the carrying amount of the satellite. Consequently, in the second quarter of 2013, we recognized a $34.7 million impairment loss within our EchoStar Satellite Services segment to reduce the carrying amount of the satellite to its estimated fair value of $11.3 million as of June 30, 2013. Our fair value estimate was determined using probability weighted discounted cash flow techniques and is categorized within Level 3 of the fair value hierarchy. Our estimate included significant unobservable inputs related to predicted electrical power levels and the number of billable transponders that can be supported by predicted available power. In connection with our impairment analysis, we revised our estimate of the useful life of the satellite. Effective July 2013, the $11.3 million adjusted carrying amount of EchoStar XII is depreciated on a straight-line basis over its then remaining estimated useful life of 18 months. |
Goodwill_and_Other_Intangible_
Goodwill and Other Intangible Assets | 9 Months Ended | |||||||||||||||||||||
Sep. 30, 2013 | ||||||||||||||||||||||
Goodwill and Other Intangible Assets | ' | |||||||||||||||||||||
Goodwill and Other Intangible Assets | ' | |||||||||||||||||||||
Note 9. Goodwill and Other Intangible Assets | ||||||||||||||||||||||
Goodwill | ||||||||||||||||||||||
Goodwill is assigned to reporting units of our operating segments and is subject to impairment testing annually or more frequently when events or changes in circumstances indicate the fair value of a reporting unit may be less than its carrying amount. As of September 30, 2013, approximately $504.2 million of our goodwill is assigned to the Hughes segment. We applied a qualitative assessment in our annual impairment testing of goodwill assigned to reporting units of the Hughes segment as of April 1, 2013. Based on our assessment as of that date, we determined that no further testing of goodwill for impairment was necessary as it was not more likely than not that the fair values of the Hughes segment reporting units were less than the corresponding carrying amounts. | ||||||||||||||||||||||
Regulatory Authorizations | ||||||||||||||||||||||
In June 2013 we entered into an agreement with DISH Network pursuant to which we conveyed to DISH Network certain of our rights under a Canadian regulatory authorization to develop certain spectrum rights at the 103 degree west longitude orbital location, which we acquired in 2012. In the third quarter of 2013, we received $23.1 million from DISH Network in exchange for these rights. In accordance with accounting principles that apply to transfers of assets between companies under common control, we did not recognize any gain on this transaction. Rather, we increased our additional paid-in capital to reflect the excess of the cash payment over the carrying amount of the derecognized intangible asset, net of related income taxes. | ||||||||||||||||||||||
Other Intangible Assets | ||||||||||||||||||||||
Our other intangible assets, which are subject to amortization, consisted of the following: | ||||||||||||||||||||||
Weighted | As of | |||||||||||||||||||||
Average | September 30, 2013 | December 31, 2012 | ||||||||||||||||||||
Useful life | Accumulated | Carrying | Accumulated | Carrying | ||||||||||||||||||
(in Years) | Cost | Amortization | Amount | Cost | Amortization | Amount | ||||||||||||||||
(In thousands) | ||||||||||||||||||||||
Customer relationships | 8 | $ | 293,932 | $ | (142,962 | ) | $ | 150,970 | $ | 293,932 | $ | (113,906 | ) | $ | 180,026 | |||||||
Contract-based | 10 | 255,366 | (198,161 | ) | 57,205 | 255,366 | (178,138 | ) | 77,228 | |||||||||||||
Technology-based | 7 | 126,272 | (79,240 | ) | 47,032 | 126,387 | (66,338 | ) | 60,049 | |||||||||||||
Trademark portfolio | 20 | 29,700 | (3,465 | ) | 26,235 | 29,700 | (2,351 | ) | 27,349 | |||||||||||||
Favorable leases | 4 | 4,707 | (2,746 | ) | 1,961 | 4,707 | (1,863 | ) | 2,844 | |||||||||||||
Total other intangible assets | $ | 709,977 | $ | (426,574 | ) | $ | 283,403 | $ | 710,092 | $ | (362,596 | ) | $ | 347,496 | ||||||||
Customer relationships are amortized predominantly in relation to the estimated cash flows over the life of the intangible asset. Other intangible assets are amortized on a straight-line basis over the periods the assets are expected to contribute to our cash flows. Our total amortization expense was $21.7 million and $23.4 million for the three months ended September 30, 2013 and 2012, respectively, and $65.0 million and $71.0 million for the nine months ended September 30, 2013 and 2012, respectively. |
Debt
Debt | 9 Months Ended | |||||||||||||
Sep. 30, 2013 | ||||||||||||||
Debt | ' | |||||||||||||
Debt | ' | |||||||||||||
Note 10. Debt | ||||||||||||||
The following table summarizes the carrying amounts and fair values of our debt: | ||||||||||||||
As of | ||||||||||||||
September 30, 2013 | December 31, 2012 | |||||||||||||
Carrying | Fair | Carrying | Fair | |||||||||||
Amount | Value | Amount | Value | |||||||||||
(In thousands) | ||||||||||||||
6 1/2% Senior Secured Notes due 2019 | $ | 1,100,000 | $ | 1,168,750 | $ | 1,100,000 | $ | 1,210,000 | ||||||
7 5/8% Senior Notes due 2021 | 900,000 | 972,000 | 900,000 | 1,026,450 | ||||||||||
Other | 1,452 | 1,452 | 2,041 | 2,041 | ||||||||||
Subtotal | 2,001,452 | $ | 2,142,202 | 2,002,041 | $ | 2,238,491 | ||||||||
Capital lease obligations (1) | 431,331 | 486,458 | ||||||||||||
Total debt and capital lease obligations | 2,432,783 | 2,488,499 | ||||||||||||
Less: Current portion | (68,662 | ) | (67,706 | ) | ||||||||||
Long-term portion of debt and capital lease obligations | $ | 2,364,121 | $ | 2,420,793 | ||||||||||
(1) Disclosure regarding the fair value of capital lease obligations is not required. | ||||||||||||||
We estimated the fair value of our publicly traded long-term debt using market prices in less active markets (Level 2). |
Income_Taxes
Income Taxes | 9 Months Ended |
Sep. 30, 2013 | |
Income Taxes | ' |
Income Taxes | ' |
Note 11. Income Taxes | |
Our tax provision for interim periods is determined using an estimate of our annual effective tax rate, adjusted for discrete items, if any, that are taken into account in the relevant period. Each quarter we update our estimate of the annual effective tax rate, and if our estimated tax rate changes, we make a cumulative adjustment. | |
Our quarterly tax provision, and our quarterly estimate of our annual effective tax rate, is subject to significant volatility due to several factors, including variability in accurately predicting our pre-tax and taxable income and loss and the mix of jurisdictions to which they relate, income and losses from investments, changes in laws and relative changes of expenses or losses for which tax benefits are not recognized. Additionally, our effective tax rate can be more or less volatile based on the amount of pre-tax income. For example, the impact of discrete items and non-deductible expenses on our effective tax rate is greater when our pre-tax income is lower. | |
Income tax benefit totaled approximately $27.2 million and $0.7 million for the nine months ended September 30, 2013 and 2012, respectively. Our effective income tax rate was 94.9% for the nine months ended September 30, 2013 compared to (0.4%) for the same period in 2012. The variation in our current year effective tax rate from a U.S. federal statutory rate for the current period was primarily due to the release of our valuation allowance associated with capital loss carryforwards in conjunction with the sale of certain of our capital investments, higher state effective tax rates due to geographic distribution of income, current year research and experimentation credits, and reinstatement of the research and experimentation tax credit for 2012, as provided by the American Taxpayer Relief Act enacted on January 2, 2013. For the same period in 2012, the variation from a U.S. federal statutory rate was primarily attributable to the release of our valuation allowance associated with the sale of certain of our capital investments. In addition, significant fluctuation in the effective tax rate from a U.S. federal statutory rate resulted from our pre-tax losses in the current year. | |
The IRS has completed its audit of the Company’s federal income tax return for calendar year 2008. We may be subject to examination by the IRS for all years thereafter. The completion of the audit did not have a material effect on our income tax benefit or our estimated effective tax rate for calendar year 2013. |
StockBased_Compensation
Stock-Based Compensation | 9 Months Ended | |||||||||||||
Sep. 30, 2013 | ||||||||||||||
Stock-Based Compensation | ' | |||||||||||||
Stock-Based Compensation | ' | |||||||||||||
Note 12. Stock-Based Compensation | ||||||||||||||
We maintain stock incentive plans to attract and retain officers, directors and key employees. Stock awards under these plans include both performance based and non-performance based stock incentives. We granted 450,000 and 1.2 million stock options to our employees for the three and nine months ended September 30, 2013, respectively and 55,000 and 356,000 for the three and nine months ended September 30, 2012, respectively. | ||||||||||||||
Our stock-based compensation expense was recorded in the Condensed Consolidated Statements of Operations and Comprehensive Income (Loss) as follows: | ||||||||||||||
For the Three Months | For the Nine Months | |||||||||||||
Ended September 30, | Ended September 30, | |||||||||||||
2013 | 2012 | 2013 | 2012 | |||||||||||
(In thousands) | ||||||||||||||
Research and development expenses | $ | 798 | $ | 697 | $ | 2,647 | $ | 2,564 | ||||||
Selling, general and administrative expenses | 3,138 | 3,051 | 11,341 | 11,797 | ||||||||||
Total stock-based compensation | $ | 3,936 | $ | 3,748 | $ | 13,988 | $ | 14,361 | ||||||
As of September 30, 2013, total unrecognized stock-based compensation cost, net of estimated forfeiture, related to our non-performance based unvested stock awards was $37.7 million, which included stock-based compensation expense related to DISH Network stock awards granted to our employees prior to the Spin-off. |
Commitments_and_Contingencies
Commitments and Contingencies | 9 Months Ended |
Sep. 30, 2013 | |
Commitments and Contingencies | ' |
Commitments and Contingencies | ' |
Note 13. Commitments and Contingencies | |
Commitments | |
As of September 30, 2013, our satellite-related obligations were approximately $955.1 million. Our satellite-related obligations include, among other things, costs relating to our capital lease satellites, transponder service agreements, launch contracts, in-orbit incentives, the design and construction of EchoStar XIX, the construction of T2, and the lease of EchoStar XV. | |
In November 2012, we entered into a launch services agreement with Arianespace, SA (“Ariane”). On September 30, 2013, we designated DISH Network to receive certain launch services from Ariane under this agreement. During the fourth quarter 2013, DISH Network reimbursed us for costs previously incurred under the agreement with Ariane prior to the designation of DISH Network. As a result of this arrangement, our satellite related obligations were reduced by approximately $100.0 million as of September 30, 2013. | |
Contingencies | |
Separation Agreement | |
In connection with the Spin-off, we entered into a separation agreement with DISH Network that provides, among other things, for the division of certain liabilities, including liabilities resulting from litigation. Under the terms of the separation agreement, we have assumed certain liabilities that relate to our business including certain designated liabilities for acts or omissions that occurred prior to the Spin-off. Certain specific provisions govern intellectual property related claims under which, generally, we will only be liable for our acts or omissions following the Spin-off and DISH Network will indemnify us for any liabilities or damages resulting from intellectual property claims relating to the period prior to the Spin-off as well as DISH Network’s acts or omissions following the Spin-off. | |
Litigation | |
We are involved in a number of legal proceedings (including those described below) concerning matters arising in connection with the conduct of our business activities. Many of these proceedings are at preliminary stages, and many of these proceedings seek an indeterminate amount of damages. We regularly evaluate the status of the legal proceedings in which we are involved to assess whether a loss is probable or there is a reasonable possibility that a loss or an additional loss may have been incurred and to determine if accruals are appropriate. If accruals are not appropriate, we further evaluate each legal proceeding to assess whether an estimate of the possible loss or range of possible loss can be made. | |
For certain cases described below, management is unable to provide a meaningful estimate of the possible loss or range of possible loss because, among other reasons, (i) the proceedings are in various stages; (ii) damages have not been sought; (iii) damages are unsupported and/or exaggerated; (iv) there is uncertainty as to the outcome of pending appeals or motions; (v) there are significant factual issues to be resolved; and/or (vi) there are novel legal issues or unsettled legal theories to be presented or a large number of parties (as with many patent-related cases). For these cases, however, management does not believe, based on currently available information, that the outcomes of these proceedings will have a material adverse effect on our financial condition, though the outcomes could be material to our operating results for any particular period, depending, in part, upon the operating results for such period. | |
California Institute of Technology | |
On October 1, 2013, the California Institute of Technology (“Caltech”) filed suit against two of our indirect wholly-owned subsidiaries, Hughes Communications, Inc. and Hughes Network Systems, LLC, as well as against DISH Network Corporation, DISH Network L.L.C., and dishNET Satellite Broadband L.L.C., in the United States District Court for the Central District of California alleging infringement of United States Patent Nos. 7,116,710; 7,421,032; 7,916,781; and 8,284,833, each of which is entitled “Serial Concatenation of Interleaved Convolutional Codes forming Turbo-Like Codes.” Caltech appears to assert that encoding data as specified by the DVB-S2 standard used by our Hughes segment, infringes each of the asserted patents. | |
We intend to vigorously defend this case. In the event that a court ultimately determines that we infringe the asserted patents, we may be subject to substantial damages, which may include treble damages, and/or an injunction that could require us to materially modify certain features that we currently offer to our consumers. We cannot predict with any degree of certainty the outcome of the suit or determine the extent of any potential liability or damages. | |
CreateAds, LLC | |
On February 7, 2013, CreateAds, LLC (“CreateAds”) filed suit against Hughes Network Systems, LLC, our indirect wholly-owned subsidiary, in the United States District Court for the District of Delaware alleging infringement of United States Patent No. 5,535,320, which is entitled “Method of Generating a Visual Design.” CreateAds appears to assert that some portion of HughesNet web design services infringes its patent. | |
We intend to vigorously defend this case. In the event that a court ultimately determines that we infringe the asserted patent, we may be subject to substantial damages, which may include treble damages, and/or an injunction that could require us to materially modify certain features that we currently offer to our consumers. We cannot predict with any degree of certainty the outcome of the suit or determine the extent of any potential liability or damages. | |
E-Contact Technologies, LLC | |
On February 22, 2012, E-Contact Technologies, LLC (“E-Contact”) filed suit against two of our indirect wholly-owned subsidiaries, Hughes Communications, Inc. and Hughes Network Systems, LLC, in the United States District Court for the Eastern District of Texas alleging infringement of United States Patent No. 5,347,579, which is entitled “Personal Computer Diary.” E-Contact appeared to assert that some portion of HughesNet email services infringed that patent. On April 17, 2013, the Court ordered E-Contact to show cause as to why the case should not be dismissed in light of a number of E-Contact’s patent claims being invalidated in an associated case, E-Contact Technologies, Inc. v. Apple, Inc. et al., 1:11-cv-432 (E.D. Tex.). On April 22, 2013, the Court granted a stipulated motion that dismissed with prejudice E-Contact’s claims against us. | |
Harbinger Capital Partners, LLC, et al. | |
On August 6, 2013, Harbinger Capital Partners, LLC, HGW US Holdings Company LP, Blue Line DZM Corp., and Harbinger Capital Partners SP, Inc. (collectively “Harbinger”), the majority and controlling shareholders of LightSquared, Inc. and its subsidiaries (“LightSquared”), filed an adversary proceeding against EchoStar Corporation, as well as against Charles W. Ergen, DISH Network Corporation, L-Band Acquisition, LLC (“LBAC”), SP Special Opportunities LLC (“SPSO”), SP Special Opportunities Holdings LLC, Sound Point Capital Management LP, and Stephen Ketchum. The adversary proceeding was filed in the LightSquared bankruptcy cases pending in the United States Bankruptcy Court for the Southern District of New York, which cases are jointly administered under the caption In re LightSquared Inc., et al., Case No. 12-12080 (SCC). Harbinger filed an amended complaint on August 30, 2013. Harbinger has alleged, among other things, claims based on fraud, unfair competition, civil conspiracy and tortious interference with prospective economic advantage related to certain purchases of LightSquared secured debt by SPSO, an entity controlled by Mr. Ergen. LightSquared has intervened to join in certain claims alleged against certain defendants other than us, LBAC and DISH Network Corporation. Harbinger has alleged damages in excess of $4.0 billion. | |
On October 29, 2013, the Bankruptcy Court dismissed all of Harbinger’s claims in the action in their entirety. The Bankruptcy Court Judge granted leave for LightSquared to file an amended pleading solely related to certain contract and other related claims under the credit agreement pursuant to which SPSO made certain purchases of LightSquared secured debt and dismissed all other claims alleged by LightSquared in the action. | |
We intend to vigorously defend this proceeding and cannot predict with any degree of certainty the outcome of this proceeding or determine the extent of any potential liability or damages. | |
The Hopper Litigation | |
On May 24, 2012, DISH Network L.L.C., filed suit in the United States District Court for the Southern District of New York against American Broadcasting Companies, Inc. (“ABC”), CBS Corporation (“CBS”), Fox Entertainment Group, Inc., Fox Television Holdings, Inc., Fox Cable Network Services, L.L.C. (collectively, “Fox”) and NBCUniversal Media, LLC (“NBC”). The lawsuit seeks a declaratory judgment that DISH Network L.L.C is not infringing any defendant’s copyright, or breaching any defendant’s retransmission consent agreement, by virtue of the PrimeTime Anytime™ and AutoHop™ features in the Hopper™ set-top boxes we design and sell to DISH Network. A consumer can use the PrimeTime Anytime feature at his or her option, to record certain primetime programs airing on ABC, CBS, Fox, and/or NBC up to every night, and to store those recordings for up to eight days. A consumer can use the AutoHop feature at his or her option, to watch certain recordings the subscriber made with our PrimeTime Anytime feature, commercial-free, if played back the next day after the show’s original airing. | |
Later on May 24, 2012, (i) Fox Broadcasting Company, Twentieth Century Fox Film Corp. and Fox Television Holdings, Inc. filed a lawsuit against DISH Network Corporation and DISH Network L.L.C. (collectively, “DISH”) in the United States District Court for the Central District of California, alleging that the PrimeTime Anytime feature, the AutoHop feature, as well as DISH’s use of Sling placeshifting functionality infringe their copyrights and breach their retransmission consent agreements, (ii) NBC Studios LLC, Universal Network Television, LLC, Open 4 Business Productions LLC and NBCUniversal Media, LLC filed a lawsuit against DISH in the United States District Court for the Central District of California, alleging that the PrimeTime Anytime feature and the AutoHop feature infringe their copyrights, and (iii) CBS Broadcasting Inc., CBS Studios Inc. and Survivor Productions LLC filed a lawsuit against DISH in the United States District Court for the Central District of California, alleging that the PrimeTime Anytime feature and the AutoHop feature infringe their copyrights. The Central District of California matters have been assigned to a single judge, but remain separate cases. | |
As a result of certain parties’ competing counterclaims and venue-related motions brought in both the New York and California actions, and certain networks filing various amended complaints, the claims are presently pending in the following venues: (1) the copyright and contract claims regarding the ABC parties are pending in New York; (2) the copyright and contract claims regarding the CBS parties are pending in New York; (3) the copyright and contract claims regarding the Fox parties are pending in California; and (4) the copyright and contract claims regarding the NBC parties are pending in California. | |
On September 21, 2012, the United States District Court for the Central District of California heard the Fox plaintiffs’ motion for a preliminary injunction to enjoin the Hopper set-top box’s PrimeTime Anytime and AutoHop features and, on November 7, 2012, entered an order denying the motion. The Fox plaintiffs appealed and on July 24, 2013, the United States Court of Appeals for the Ninth Circuit affirmed the denial of the Fox plaintiffs’ motion for a preliminary injunction as to the PrimeTime Anytime and AutoHop features. On August 7, 2013, the Fox plaintiffs filed a petition for rehearing and rehearing en banc. On March 27, 2013, at the request of the parties, the United States District Court for the Central District of California granted a stay of all proceedings in the action brought by the NBC plaintiffs, pending resolution of the appeal by the Fox plaintiffs. | |
On August 17, 2012, the NBC plaintiffs filed a first amended complaint in their California action adding us and our wholly-owned subsidiary EchoStar Technologies L.L.C. to the NBC litigation, alleging various claims of copyright infringement. We and our subsidiary answered on September 18, 2012. On October 9, 2012, the ABC plaintiffs filed copyright counterclaims in the New York action against EchoStar Technologies, L.L.C., with the CBS plaintiffs filing similar copyright counterclaims in the New York action against EchoStar Technologies L.L.C. on October 12, 2012. Additionally, the CBS plaintiffs have filed a counterclaim alleging that DISH fraudulently concealed the AutoHop feature when negotiating renewal of its CBS retransmission consent agreement. On November 23, 2012, the ABC plaintiffs filed a motion in the New York action for a preliminary injunction to enjoin the Hopper set-top box’s PrimeTime Anytime and AutoHop features, and on September 18, 2013, the New York court denied that motion. The ABC plaintiffs have filed a notice of appeal. On February 21, 2013, the Fox plaintiffs filed a second motion for preliminary injunction against: (i) DISH, seeking to enjoin the Hopper Transfers™ feature in the second-generation Hopper set-top box, alleging breach of a retransmission consent agreement; and (ii) EchoStar Technologies L.L.C. and DISH, seeking to enjoin the Sling placeshifting functionality in the second-generation Hopper set-top box, alleging copyright infringement by both defendants, and breach of the earlier-mentioned retransmission consent agreement by DISH. A hearing on that motion was held on April 19, 2013 and on September 23, 2013, the Fox plaintiffs’ motion was denied. | |
We intend to vigorously prosecute and defend our position in these cases. In the event that a court ultimately determines that we infringe the asserted copyrights, we may be subject to substantial damages, and/or an injunction that could require us to materially modify certain features that we currently offer to DISH Network. An adverse decision against DISH Network could decrease the number of Sling enabled set-top boxes we sell to DISH Network, which could have an adverse impact on the business operations of our EchoStar Technologies segment. In addition, to the extent that DISH Network experiences fewer gross new subscriber additions, sales of our digital set-top boxes and related components to DISH Network may further decline, which in turn could have a material adverse effect on our financial position and results of operations. We cannot predict with any degree of certainty the outcome of these suits or determine the extent of any potential liability or damages. | |
Nazomi Communications, Inc. | |
On February 10, 2010, Nazomi Communications, Inc. (“Nazomi”) filed suit against Sling Media, Inc. (“Sling”), our indirect wholly owned subsidiary, as well as Nokia Corp, Nokia Inc., Microsoft Corp., Amazon.com Inc., Western Digital Corp., Western Digital Technologies, Inc., Garmin Ltd., Garmin Corp., Garmin International, Inc., Garmin USA, Inc., Vizio Inc. and iOmega Corp in the United States District Court for the Central District of California alleging infringement of United States Patent No. 7,080,362 (the “362 patent”) and United States Patent No. 7,225,436 (the “436 patent”). The 362 patent and the 436 patent relate to Java hardware acceleration. On August 14, 2012, the United States District Court for the Northern District of California, to which the case had earlier been transferred, granted Sling’s motion for summary judgment of non-infringement. Nazomi’s appeal is pending before the United States Court of Appeals for the Federal Circuit. | |
We intend to vigorously defend this case. In the event that a court ultimately determines that we infringe any of the asserted patents, we may be subject to substantial damages, which may include treble damages, and/or an injunction that could require us to materially modify certain features that we currently offer to consumers. We cannot predict with any degree of certainty the outcome of the suit or determine the extent of any potential liability or damages. | |
Network Acceleration Technologies, LLC | |
On November 30, 2012, Network Acceleration Technologies, LLC (“NAT”) filed suit against Hughes Network Systems, LLC, our indirect wholly-owned subsidiary, in the United States District Court for the District of Delaware alleging infringement of United States Patent No. 6,091,710 (the “710 patent”), which is entitled “System and Method for Preventing Data Slow Down Over Asymmetric Data Transmission Links.” NAT re-filed its case on July 19, 2013. NAT is an entity that seeks to license an acquired patent portfolio without itself practicing any of the claims recited therein. | |
We intend to vigorously defend this case. In the event that a court ultimately determines that we infringe the asserted patent, we may be subject to substantial damages, which may include treble damages, as well as an ongoing royalty obligation. We cannot predict with any degree of certainty the outcome of the suit or determine the extent of any potential liability or damages. | |
Personalized Media Communications, Inc. | |
During 2008, Personalized Media Communications, Inc. (“PMC”) filed suit against EchoStar Corporation, DISH Network and Motorola Inc. in the United States District Court for the Eastern District of Texas alleging infringement of United States Patent Nos. 5,109,414, 4,965,825, 5,233,654, 5,335,277, and 5,887,243, which relate to satellite signal processing. PMC is an entity that seeks to license an acquired patent portfolio without itself practicing any of the claims recited therein. Subsequently, Motorola Inc. settled with PMC, leaving DISH Network and us as defendants. On July 18, 2012, pursuant to a Court order, PMC filed a Second Amended Complaint that added Rovi Guides, Inc. (f/k/a/ Gemstar-TV Guide International, Inc.) and TVG-PMC, Inc. (collectively, “Gemstar”) as a party, and added a new claim against all defendants seeking a declaratory judgment as to the scope of Gemstar’s license to the patents in suit, under which DISH Network and we are sub licensees. A new trial date has not yet been set. | |
We intend to vigorously defend this case. In the event that a court ultimately determines that we infringe any of the asserted patents, we may be subject to substantial damages, which may include treble damages, and/or an injunction that could cause us to materially modify certain features that we currently offer to consumers. We are being indemnified by DISH Network for any potential liability or damages resulting from this suit relating to the period prior to the effective date of the Spin-off. We cannot predict with any degree of certainty the outcome of the suit or determine the extent of any potential liability or damages. | |
Premier International Associates, LLC | |
On August 3, 2012, Premier International Associates, LLC (“Premier International Associates”) filed suit against EchoStar Corporation, our wholly-owned subsidiary EchoStar Technologies L.L.C. and DISH Network and its indirect wholly owned subsidiaries, DISH DBS and DISH Network L.L.C., in the United States District Court for the Northern District of Illinois alleging infringement of United States Patent No. 6,243,725 (the “725 patent”), which is entitled “List Building System.” The 725 patent relates to a system for building an inventory of audio/visual works. Premier International Associates is an entity that seeks to license an acquired patent portfolio without itself practicing any of the claims recited therein. On March 27, 2013, Premier International Associates dismissed the action against us and the DISH Network defendants with prejudice, pursuant to a settlement under which we and the DISH Network defendants made an immaterial payment in exchange for a license to certain patents and patent applications. | |
Shareholder Derivative Litigation | |
On December 5, 2012, Greg Jacobi, derivatively on behalf of EchoStar Corporation, filed suit (the “Jacobi Litigation”) against Charles W. Ergen, Michael T. Dugan, R. Stanton Dodge, Tom A. Ortolf, C. Michael Schroeder, Joseph P. Clayton, David K. Moskowitz, and EchoStar Corporation in the United States District Court for the District of Nevada. The complaint alleges that a March 2011 attempted grant of 1.5 million stock options to Charles Ergen breached defendants’ fiduciary duties, resulted in unjust enrichment, and constituted a waste of corporate assets. | |
On December 18, 2012, Chester County Employees’ Retirement Fund, derivatively on behalf of EchoStar Corporation, filed a suit (the “Chester County Litigation”) against Charles W. Ergen, Michael T. Dugan, R. Stanton Dodge, Tom A. Ortolf, C. Michael Schroeder, Anthony M. Federico, Pradman P. Kaul, Joseph P. Clayton, and EchoStar Corporation in the United States District Court for the District of Colorado. The complaint similarly alleges that the March 2011 attempted grant of 1.5 million stock options to Charles Ergen breached defendants’ fiduciary duties, resulted in unjust enrichment, and constituted a waste of corporate assets. | |
On February 22, 2013, the Chester County Litigation was transferred to the District of Nevada, and on April 3, 2013, the Chester County Litigation was consolidated into the Jacobi Litigation. | |
Of the attempted grant of 1.5 million options to Mr. Ergen in 2011, only 800,000 were validly granted and remain outstanding. We intend to vigorously defend these cases. We cannot predict with any degree of certainty the outcome of the suit or determine the extent of any potential liability. | |
Technology Development and Licensing, LLC | |
On January 22, 2009, Technology Development and Licensing, LLC (“TDL”) filed suit against EchoStar Corporation and DISH Network in the United States District Court for the Northern District of Illinois alleging infringement of United States Patent No. Re. 35,952, which relates to certain favorite channel features. TDL is an entity that seeks to license an acquired patent portfolio without itself practicing any of the claims recited therein. In July 2009, the Court granted our motion to stay the case pending two reexamination petitions before the United States Patent and Trademark Office. | |
We intend to vigorously defend this case. In the event that a court ultimately determines that we infringe the asserted patent, we may be subject to substantial damages, which may include treble damages, and/or an injunction that could cause us to materially modify certain features that we currently offer to consumers. We are being indemnified by DISH Network for any potential liability or damages resulting from this suit relating to the period prior to the effective date of the Spin-off. We cannot predict with any degree of certainty the outcome of the suit or determine the extent of any potential liability or damages. | |
TQP Development, LLC | |
On October 11, 2012, TQP Development, LLC (“TQP”) filed suit against our indirectly wholly-owned subsidiary, Sling Media, Inc. in the United States District Court for the Eastern District of Texas, alleging infringement of United States Patent No. 5,412,730, which is entitled “Encrypted Data Transmission System Employing Means for Randomly Altering the Encryption Keys.” On November 14, 2012, TQP filed suit in the same venue against Hughes Network Systems, LLC, our indirectly wholly owned subsidiary, alleging infringement of the same patent. TQP is an entity that seeks to license an acquired patent portfolio without itself practicing any of the claims recited therein. On July 8, 2013, the Court granted a joint motion to dismiss the claims against Sling without prejudice. | |
We intend to vigorously defend this case. In the event that a court ultimately determines that we infringe the asserted patent, we may be subject to substantial damages, which may include treble damages. We cannot predict with any degree of certainty the outcome of the suit or determine the extent of any potential liability or damages. | |
Other | |
In addition to the above actions, we are subject to various other legal proceedings and claims which arise in the ordinary course of our business. In our opinion, the amount of ultimate liability with respect to any of these actions is unlikely to materially affect our financial position, results of operations or liquidity, though the outcomes could be material to our operating results for any particular period, depending, in part, upon the operating results for such period. |
Segment_Reporting
Segment Reporting | 9 Months Ended | ||||||||||||||||
Sep. 30, 2013 | |||||||||||||||||
Segment Reporting | ' | ||||||||||||||||
Segment Reporting | ' | ||||||||||||||||
Note 14. Segment Reporting | |||||||||||||||||
Operating segments are business components of an enterprise for which separate financial information is available and regularly evaluated by the chief operating decision maker(s) (“CODM”) of an enterprise. Under this definition, we operate three primary business segments. | |||||||||||||||||
· EchoStar Technologies — which designs, develops and distributes digital set-top boxes and related products and technology, primarily for satellite TV service providers, telecommunication and international cable companies. In addition, we provide our Slingboxes directly to consumers via retail outlets and we are in discussions with original equipment manufacturers to provide our Sling technology licensing to cable and telco operators worldwide. Our EchoStar Technologies segment also provides digital broadcast operations including satellite uplinking/downlinking, transmission services, signal processing, conditional access management, and other services primarily to DISH Network. | |||||||||||||||||
· Hughes — which provides satellite broadband Internet access to North American consumers and broadband network services and systems to the domestic and international enterprise markets. The Hughes segment also provides managed services to large enterprises and networking systems solutions to customers for mobile satellite and wireless backhaul systems. | |||||||||||||||||
· EchoStar Satellite Services — which uses certain of our owned and leased in-orbit satellites and related licenses to lease capacity on a full-time and occasional-use basis primarily to DISH Network, and secondarily to Dish Mexico, United States government service providers, state agencies, internet service providers, broadcast news organizations, programmers, and private enterprise customers. | |||||||||||||||||
The primary measure of segment profitability that is reported regularly to our CODM is earnings before interest, taxes, depreciation and amortization, or EBITDA. Our segment operating results do not include certain minor business activities, expenses of various corporate departments, and our centralized treasury operations, including income from our investment portfolio and interest expense on our debt. Total assets by segment have not been reported herein because the information is not provided to our CODM on a regular basis. For the three and nine months ended September 30, 2013 and 2012, transactions between segments were not significant. | |||||||||||||||||
The following tables present revenue, capital expenditures, and EBITDA for each of our operating segments and reconciles total consolidated EBITDA to reported “Income (loss) before income taxes” in our Condensed Consolidated Statements of Operations and Comprehensive Income (Loss): | |||||||||||||||||
EchoStar | All | ||||||||||||||||
EchoStar | Satellite | Other and | Consolidated | ||||||||||||||
Technologies | Hughes | Services | Eliminations | Total | |||||||||||||
(In thousands) | |||||||||||||||||
For the Three Months Ended September 30, 2013 | |||||||||||||||||
Total revenue | $ | 456,129 | $ | 302,217 | $ | 85,945 | $ | 4,617 | $ | 848,908 | |||||||
Capital expenditures | $ | 16,246 | $ | 49,443 | $ | 71 | $ | 40,811 | $ | 106,571 | |||||||
EBITDA | $ | 42,975 | $ | 65,620 | $ | 68,808 | $ | (9,299 | ) | $ | 168,104 | ||||||
For the Three Months Ended September 30, 2012 | |||||||||||||||||
Total revenue | $ | 416,120 | $ | 285,974 | $ | 65,682 | $ | (3,055 | ) | $ | 764,721 | ||||||
Capital expenditures | $ | 22,161 | $ | 53,955 | $ | 12,806 | $ | 4,740 | $ | 93,662 | |||||||
EBITDA | $ | 25,211 | $ | 75,634 | $ | 57,065 | $ | 6,156 | $ | 164,066 | |||||||
For the Nine Months Ended September 30, 2013 | |||||||||||||||||
Total revenue | $ | 1,308,670 | $ | 906,564 | $ | 245,019 | $ | 14,112 | $ | 2,474,365 | |||||||
Capital expenditures | $ | 43,898 | $ | 139,276 | $ | 12,403 | $ | 69,266 | $ | 264,843 | |||||||
EBITDA | $ | 104,947 | $ | 202,995 | $ | 167,281 | $ | 13,708 | $ | 488,931 | |||||||
For the Nine Months Ended September 30, 2012 | |||||||||||||||||
Total revenue | $ | 1,270,415 | $ | 843,017 | $ | 210,703 | $ | 11,370 | $ | 2,335,505 | |||||||
Capital expenditures | $ | 51,946 | $ | 230,350 | $ | 70,758 | $ | 18,331 | $ | 371,385 | |||||||
EBITDA | $ | 88,648 | $ | 215,060 | $ | 162,737 | $ | 157,541 | $ | 623,986 | |||||||
For the Three Months | For the Nine Months | ||||||||||||||||
Ended September 30, | Ended September 30, | ||||||||||||||||
2013 | 2012 | 2013 | 2012 | ||||||||||||||
(In thousands) | |||||||||||||||||
EBITDA | $ | 168,104 | $ | 164,066 | $ | 488,931 | $ | 623,986 | |||||||||
Interest expense, net | (44,731 | ) | (31,143 | ) | (138,544 | ) | (100,394 | ) | |||||||||
Depreciation and amortization | (124,742 | ) | (110,778 | ) | (379,585 | ) | (339,472 | ) | |||||||||
Net income (loss) attributable to noncontrolling interests | 317 | (285 | ) | 533 | (604 | ) | |||||||||||
Income (loss) before income taxes | $ | (1,052 | ) | $ | 21,860 | $ | (28,665 | ) | $ | 183,516 |
Related_Party_Transactions
Related Party Transactions | 9 Months Ended | |||||||||||||||||||
Sep. 30, 2013 | ||||||||||||||||||||
Related Party Transactions | ' | |||||||||||||||||||
Related Party Transactions | ' | |||||||||||||||||||
Note 15. Related Party Transactions | ||||||||||||||||||||
DISH Network | ||||||||||||||||||||
Following the Spin-off, we and DISH Network have operated as separate public companies and DISH Network has no ownership interest in us. However, a substantial majority of the voting power of the shares of both companies is owned beneficially by Charles W. Ergen, our Chairman, and by certain trusts established by Mr. Ergen for the benefit of his family. | ||||||||||||||||||||
In connection with and following the Spin-off, we and DISH Network have entered into certain agreements pursuant to which we obtain certain products, services and rights from DISH Network; DISH Network obtains certain products, services and rights from us; and we and DISH Network have indemnified each other against certain liabilities arising from our respective businesses. We also may enter into additional agreements with DISH Network in the future. | ||||||||||||||||||||
Generally, the amounts DISH Network pays for products and services provided under the agreements are based on our cost plus a fixed margin (unless noted differently below), which varies depending on the nature of the products and services provided. | ||||||||||||||||||||
The following is a summary of the terms of our principal agreements with DISH Network that may have an impact on our financial position and results of operations. | ||||||||||||||||||||
“Equipment revenue — DISH Network” | ||||||||||||||||||||
Receiver Agreement. Effective January 1, 2012, we and DISH Network entered into a receiver agreement (the “2012 Receiver Agreement”), pursuant to which DISH Network has the right, but not the obligation, to purchase digital set-top boxes, related accessories, and other equipment from us for the period from January 1, 2012 to December 31, 2014. The 2012 Receiver Agreement allows DISH Network to purchase digital set-top boxes, related accessories, and other equipment from us either: (i) at cost (decreasing as we reduce costs and increasing as costs increase) plus a dollar mark-up which will depend upon the cost of the product subject to a collar on our mark-up; or (ii) at cost plus a fixed margin, which will depend on the nature of the equipment purchased. Under the 2012 Receiver Agreement, our margins will be increased if we are able to reduce the costs of our digital set-top boxes and our margins will be reduced if these costs increase. We provide DISH Network with standard manufacturer warranties for the goods sold under the 2012 Receiver Agreement. Additionally, the 2012 Receiver Agreement includes an indemnification provision, whereby the parties indemnify each other for certain intellectual property matters. DISH Network is able to terminate the 2012 Receiver Agreement for any reason upon at least 60 days notice to us. We are able to terminate the 2012 Receiver Agreement if certain entities acquire DISH Network. DISH Network has an option, but not the obligation, to extend the 2012 Receiver Agreement for one additional year upon 180 days notice prior to the end of the term. | ||||||||||||||||||||
“Services and other revenue — DISH Network” | ||||||||||||||||||||
Broadcast Agreement. Effective January 1, 2012, we and DISH Network entered into a broadcast agreement (the “2012 Broadcast Agreement”) pursuant to which we provide certain broadcast services to DISH Network, including teleport services such as transmission and downlinking, channel origination services, and channel management services, for the period from January 1, 2012 to December 31, 2016. The fees for the services provided under the 2012 Broadcast Agreement are calculated at either: (a) our cost of providing the relevant service plus a fixed dollar fee, which is subject to certain adjustments; or (b) our cost of providing the relevant service plus a fixed margin, which will depend on the nature of the services provided. DISH Network has the ability to terminate channel origination services and channel management services for any reason and without any liability upon at least 60 days notice to us. If DISH Network terminates the teleport services provided under the 2012 Broadcast Agreement for a reason other than our breach, DISH Network generally is obligated to reimburse us for any direct costs we incur related to any such termination that we cannot reasonably mitigate. | ||||||||||||||||||||
Broadcast Agreement for Certain Sports Related Programming. During May 2010, we and DISH Network entered into a broadcast agreement pursuant to which we provide certain broadcast services to DISH Network in connection with its carriage of certain sports related programming. The term of this agreement is for ten years. If DISH Network terminates this agreement for a reason other than our breach, DISH Network generally is obligated to reimburse us for any direct costs we incur related to any such termination that we cannot reasonably mitigate. The fees for the broadcast services provided under this agreement depend, among other things, upon the cost to develop and provide such services. | ||||||||||||||||||||
Satellite Capacity Leased to DISH Network. Since the Spin-off, we have entered into certain satellite capacity agreements pursuant to which DISH Network leases satellite capacity on certain satellites owned or leased by us. The fees for the services provided under these satellite capacity agreements depend, among other things, upon the orbital location of the applicable satellite and the length of the lease. The term of each lease is set forth below: | ||||||||||||||||||||
EchoStar VI, VIII and XII. The leases for EchoStar VI, VIII and XII generally terminate upon the earlier of: (i) the end of life or replacement of the satellite (unless DISH Network determines to renew on a year-to-year basis); (ii) the date the satellite fails; (iii) the date the transponders on which service is being provided fail; or (iv) a certain date, which depends upon, among other things, the estimated useful life of the satellite, whether the replacement satellite fails at launch or in orbit prior to being placed into service, and the exercise of certain renewal options. DISH Network generally has the option to renew each lease on a year-to-year basis through the end of the respective satellite’s life. There can be no assurance that any options to renew such agreements will be exercised. Beginning in the first quarter of 2013, the leases for the EchoStar VI and VIII satellites expired in accordance with their terms. DISH Network no longer leases capacity from us on the EchoStar VI satellite; however, in May 2013 DISH Network began leasing capacity from us on EchoStar VIII as an in-orbit spare. Subject to certain conditions, this lease expires on February 1, 2014. | ||||||||||||||||||||
EchoStar IX. DISH Network leases certain satellite capacity from us on EchoStar IX. Subject to availability, DISH Network generally has the right to continue to lease satellite capacity from us on EchoStar IX on a month-to-month basis. | ||||||||||||||||||||
EchoStar XVI. During December 2009, we entered into an initial ten-year transponder service agreement with DISH Network to lease from us all of the capacity on EchoStar XVI, a DBS satellite. EchoStar XVI was launched in November 2012 and placed at the 61.5 degree orbital location. Under the original transponder service agreement, the initial term generally expired upon the earlier of: (i) the end-of-life or replacement of the satellite; (ii) the date the satellite failed; (iii) the date the transponder(s) on which service was being provided under the agreement failed; or (iv) ten years following the actual service commencement date. Effective December 21, 2012, we and DISH Network amended the transponder service agreement to, among other things, change the initial term to generally expire upon the earlier of: (i) the end-of-life or replacement of the satellite; (ii) the date the satellite fails; (iii) the date the transponder(s) on which service is being provided under the agreement fails; or (iv) four years following the actual service commencement date. Prior to expiration of the initial term, we, upon certain conditions, and DISH Network have the option to renew for an additional six-year period. If either we or DISH Network exercise our respective six-year renewal options, DISH Network has the option to renew for an additional five-year period prior to expiration of the then-current term. There can be no assurance that any option to renew this agreement will be exercised. We began to lease capacity on EchoStar XVI to DISH Network in January 2013. | ||||||||||||||||||||
Nimiq 5 Agreement. During 2009, we entered into a fifteen-year satellite service agreement with Telesat Canada (“Telesat”) to receive service on all 32 DBS transponders on the Nimiq 5 satellite at the 72.7 degree west longitude orbital location (the “Telesat Transponder Agreement”). During 2009, we also entered into a satellite service agreement (the “DISH Nimiq 5 Agreement”) with DISH Network, pursuant to which DISH Network leases from us all 32 of the DBS transponders covered by the Telesat Transponder Agreement. | ||||||||||||||||||||
Under the terms of the DISH Nimiq 5 Agreement, DISH Network makes certain monthly payments to us that commenced in September 2009 when the Nimiq 5 satellite was placed into service and continue through the service term. Unless earlier terminated under the terms and conditions of the DISH Nimiq 5 Agreement, the service term will expire ten years following the date it was placed into service. Upon expiration of the initial term, DISH Network has the option to renew the DISH Nimiq 5 Agreement on a year-to-year basis through the end of life of the Nimiq 5 satellite. Upon in-orbit failure or end of life of the Nimiq 5 satellite, and in certain other circumstances, DISH Network has certain rights to receive service from us on a replacement satellite. There can be no assurance that any options to renew the DISH Nimiq 5 Agreement will be exercised or that DISH Network will exercise its option to receive service on a replacement satellite. | ||||||||||||||||||||
QuetzSat-1 Agreement. During 2008, we entered into a ten-year satellite service agreement with SES, which provides, among other things, for the provision by SES to us of service on 32 DBS transponders on the QuetzSat-1 satellite. Concurrently, in 2008, we entered into a transponder service agreement with DISH Network, pursuant to which DISH Network leases 24 of the DBS transponders on QuetzSat-1. QuetzSat-1 was launched on September 29, 2011 and was placed into service during the fourth quarter of 2011 at the 67.1 degree west longitude orbital location. In the interim, we provided DISH Network with alternate capacity at the 77 degree west longitude orbital location. During the third quarter of 2012, we and DISH Network entered into an agreement pursuant to which we sublease back from DISH Network five of the 24 DBS transponders on the QuetzSat-1 satellite leased to DISH Network. In January 2013, QuetzSat-1 was moved to the 77 degree west longitude orbital location and DISH Network commenced commercial operations at such location in February 2013. | ||||||||||||||||||||
Under the terms of our contractual arrangements with DISH Network, we began to provide service to DISH Network on the QuetzSat-1 satellite in February 2013 and will continue to provide service through the remainder of the service term. Unless extended or earlier terminated under the terms and conditions of our agreement with DISH Network for the QuetzSat-1 satellite, the initial service term will expire in November 2021. Upon expiration of the initial service term, DISH Network has the option to renew the agreement for the QuetzSat-1 satellite on a year-to-year basis through the end of life of the QuetzSat-1 satellite. Upon an in-orbit failure or end of life of the QuetzSat-1 satellite, and in certain other circumstances, DISH Network has certain rights to receive service from us on a replacement satellite. There can be no assurance that any options to renew this agreement will be exercised or that DISH Network will exercise its option to receive service on a replacement satellite. | ||||||||||||||||||||
103 Degree Orbital Location/SES-3. During May 2012, we entered into a spectrum development agreement (the “103 Spectrum Development Agreement”) with Ciel Satellite Holdings Inc. (“Ciel”) to develop certain spectrum rights at the 103 degree west longitude orbital location (the “103 Spectrum Rights”). During June 2013, we and DISH Network entered into a spectrum development agreement (the “DISH 103 Spectrum Development Agreement”) pursuant to which DISH Network may use and develop the 103 Spectrum Rights. During the third quarter 2013, DISH Network made a payment to us in exchange for these rights. Unless earlier terminated under the terms and conditions of the DISH 103 Spectrum Development Agreement, the term generally will continue for the duration of the 103 Spectrum Rights Agreement. | ||||||||||||||||||||
In connection with the 103 Spectrum Development Agreement, during May 2012, we also entered into a ten-year service agreement with Ciel pursuant to which we lease certain satellite capacity from Ciel on the SES-3 satellite at the 103 degree orbital location (the “103 Service Agreement”). During June 2013, we and DISH Network entered into an agreement pursuant to which DISH Network leases certain satellite capacity from us on the SES-3 satellite (the “DISH 103 Service Agreement”). Under the terms of the DISH 103 Service Agreement, DISH Network makes certain monthly payments to us through the service term. Unless earlier terminated under the terms and conditions of the DISH 103 Service Agreement, the initial service term will expire on the earlier of: (i) the date the SES-3 satellite fails; (ii) the date the transponder(s) on which service was being provided under the agreement fails; or (iii) ten years following the actual service commencement date. Upon in-orbit failure or end of life of the SES-3 satellite, and in certain other circumstances, DISH Network has certain rights to receive service from us on a replacement satellite. There can be no assurance that DISH Network will exercise its option to receive service on a replacement satellite. | ||||||||||||||||||||
TT&C Agreement. Effective January 1, 2012, we entered into a telemetry, tracking and control (“TT&C”) agreement pursuant to which we provide TT&C services to DISH Network and its subsidiaries for a period ending on December 31, 2016 (the “2012 TT&C Agreement”). The fees for services provided under the 2012 TT&C Agreement are calculated at either: (i) a fixed fee or (ii) cost plus a fixed margin, which will vary depending on the nature of the services provided. DISH Network is able to terminate the 2012 TT&C Agreement for any reason upon 60 days notice. | ||||||||||||||||||||
Real Estate Lease Agreements. We have entered into lease agreements pursuant to which DISH Network leases certain real estate from us. The rent on a per square foot basis for each of the leases is comparable to per square foot rental rates of similar commercial property in the same geographic area at the time of the lease, and DISH Network is responsible for its portion of the taxes, insurance, utilities and maintenance of the premises. The term of each of the leases is set forth below: | ||||||||||||||||||||
Inverness Lease Agreement. The lease for certain space at 90 Inverness Circle East in Englewood, Colorado is for a period ending on December 31, 2016. This agreement can be terminated by either party upon six months prior notice. | ||||||||||||||||||||
Meridian Lease Agreement. The lease for all of 9601 S. Meridian Blvd. in Englewood, Colorado is for a period ending on December 31, 2016. | ||||||||||||||||||||
Santa Fe Lease Agreement. The lease for all of 5701 S. Santa Fe Dr. in Littleton, Colorado is for a period ending on December 31, 2016 with a renewal option for one additional year. | ||||||||||||||||||||
EchoStar Data Networks Sublease Agreement. The sublease for certain space at 211 Perimeter Center in Atlanta, Georgia is for a period ending on October 31, 2016. | ||||||||||||||||||||
Gilbert Lease Agreement. The lease for certain space at 801 N. DISH Dr. in Gilbert, Arizona is a month to month lease and can be terminated by either party upon 30 days prior notice. | ||||||||||||||||||||
Cheyenne Lease Agreement. The lease for certain space at 530 EchoStar Drive in Cheyenne, Wyoming is for a period ending on December 31, 2031. | ||||||||||||||||||||
Product Support Agreement. In connection with the Spin-off, we entered into a product support agreement pursuant to which DISH Network has the right, but not the obligation, to receive product support from us (including certain engineering and technical support services) for all set-top boxes and related components that our subsidiaries have previously sold and in the future may sell to DISH Network. The fees for the services provided under the product support agreement are calculated at cost plus a fixed margin, which varies depending on the nature of the services provided. The term of the product support agreement is the economic life of such set-top boxes and related components, unless terminated earlier. DISH Network may terminate the product support agreement for any reason upon at least 60 days notice. In the event of an early termination of this agreement, DISH Network is entitled to a refund of any unearned fees paid to us for the services. | ||||||||||||||||||||
DISHOnline.com Services Agreement. Effective January 1, 2010, DISH Network entered into a two-year agreement with us pursuant to which DISH Network receives certain services associated with an online video portal. The fees for the services provided under this services agreement depend, among other things, upon the cost to develop and operate such services. DISH Network has the option to renew this agreement for three successive one year terms and the agreement may be terminated by DISH Network for any reason upon at least 120 days notice to us. In November 2013, DISH Network exercised its right to renew this agreement for a one-year period ending on December 31, 2014. | ||||||||||||||||||||
DISH Remote Access Services Agreement. Effective February 23, 2010, we entered into an agreement with DISH Network pursuant to which DISH Network receives, among other things, certain remote digital video recorder (“DVR”) management services. The fees for the services provided under this services agreement depend, among other things, upon the cost to develop and operate such services. This agreement has a term of five years with automatic renewal for successive one year terms and may be terminated by DISH Network for any reason upon at least 120 days notice to us. | ||||||||||||||||||||
SlingService Services Agreement. Effective February 23, 2010, we entered into an agreement with DISH Network pursuant to which DISH Network receives certain services related to placeshifting. The fees for the services provided under this services agreement depend, among other things, upon the cost to develop and operate such services. This agreement has a term of five years with automatic renewal for successive one year terms and may be terminated by DISH Network for any reason upon at least 120 days notice to us. | ||||||||||||||||||||
Blockbuster. On April 26, 2011, DISH Network acquired substantially all of the assets of Blockbuster, Inc. (the “Blockbuster Acquisition”). On June 8, 2011, we completed the acquisition of Hughes Communications, Inc. and its subsidiaries (the “Hughes Acquisition”). Hughes Network Systems, LLC (“HNS”), a wholly-owned subsidiary of Hughes Communications, Inc., provided certain broadband products and services to Blockbuster pursuant to an agreement that was entered into prior to the Blockbuster Acquisition and the Hughes Acquisition. Subsequent to both the Blockbuster Acquisition and the Hughes Acquisition, Blockbuster entered into a new agreement with HNS pursuant to which Blockbuster may continue to purchase broadband products and services from our Hughes segment. The term of the agreement is through October 31, 2014 and Blockbuster has the option to renew the agreement for an additional one year period. | ||||||||||||||||||||
Radio Access Network Agreement. On November 29, 2012, HNS entered into an agreement with DISH Network L.L.C. pursuant to which HNS will construct for DISH Network a ground-based satellite radio access network (“RAN”) for a fixed fee. The completion of the RAN under this agreement is expected to occur on or before November 29, 2014. This agreement generally may be terminated by DISH Network at any time for convenience. | ||||||||||||||||||||
RUS Implementation Agreement. In September 2010, DISH Broadband L.L.C. (“DISH Broadband”), DISH Network’s wholly owned subsidiary, was selected by the Rural Utilities Service (“RUS”) of the United States Department of Agriculture to receive up to approximately $14.1 million in broadband stimulus grant funds (the “Grant Funds”). Effective November 2011, HNS and DISH Broadband entered into a RUS Implementation Agreement (the “RUS Agreement”) pursuant to which HNS provides certain portions of the equipment and broadband service used to implement DISH Broadband’s RUS program. The initial term of the RUS Agreement continues until the earlier of: (i) September 24, 2013; or (ii) the date that the Grant Funds have been exhausted. In addition, DISH Broadband may terminate the RUS Agreement for convenience upon 45 days prior written notice to HNS. The RUS Agreement expired in June 2013 when the Grant Funds were exhausted. | ||||||||||||||||||||
TerreStar Agreement. On March 9, 2012, DISH Network completed its acquisition of substantially all the assets of TerreStar. Prior to DISH Network’s acquisition of substantially all the assets of TerreStar and our completion of the Hughes Acquisition, TerreStar and HNS entered into various agreements pursuant to which our Hughes segment provides, among other things, hosting, operations and maintenance services for TerreStar’s satellite gateway and associated ground infrastructure. These agreements generally may be terminated by DISH Network at any time for convenience. | ||||||||||||||||||||
Hughes Broadband Distribution Agreement. Effective October 1, 2012, HNS and dishNET Satellite Broadband L.L.C. (“dishNET”), a wholly-owned subsidiary of DISH Network, entered into a distribution agreement (the “Distribution Agreement”) pursuant to which dishNET has the right, but not the obligation, to market, sell and distribute the Hughes satellite Internet service (the “Hughes service”). dishNET pays HNS a monthly per subscriber wholesale service fee for the Hughes service based upon a subscriber’s service level, and, beginning January 1, 2014, based upon certain volume subscription thresholds. The Distribution Agreement also provides that dishNET has the right, but not the obligation, to purchase certain broadband equipment from us to support the sale of the Hughes service. The Distribution Agreement has a five year term with automatic renewal for successive one year terms unless terminated by either party with a written notice at least 180 days before the expiration of the then-current term. Upon expiration or termination of the Distribution Agreement, the parties will continue to provide the Hughes service to the then-current dishNET subscribers pursuant to the terms and conditions of the Distribution Agreement. | ||||||||||||||||||||
Set-Top Box Application Development Agreement. During the fourth quarter of 2012, we and DISH Network entered into a set-top box application development agreement (the “Application Development Agreement”) pursuant to which we provide DISH Network with certain services relating to the development of web-based applications for the period ending on February 1, 2015. The Application Development Agreement renews automatically for successive one-year periods thereafter, unless terminated earlier by us or DISH Network at any time upon at least 90 days notice. The fees for services provided under the Application Development Agreement are calculated at our cost of providing the relevant service plus a fixed margin, which will depend on the nature of the services provided. | ||||||||||||||||||||
XiP Encryption Agreement. During the third quarter of 2012, we entered into an encryption agreement with DISH Network for our whole-home HD DVR line of set-top boxes (the “XiP Encryption Agreement”) pursuant to which we provide certain security measures on our whole-home HD DVR line of set-top boxes to encrypt the content delivered to the set-top box via a smart card and secure the content between set-top boxes. The term of the XiP Encryption Agreement is until December 31, 2014. DISH Network has an option, but not the obligation to extend the XiP Encryption Agreement for one additional year upon 180 days notice prior to the end of the term. We and DISH Network each have the right to terminate the XiP Encryption Agreement for any reason upon at least 180 days’ notice and 30 days’ notice, respectively. The fees for the services provided under the XiP Encryption Agreement are calculated on a monthly basis based on the number of receivers utilizing such security measures each month. | ||||||||||||||||||||
“General and administrative expenses — DISH Network” | ||||||||||||||||||||
Management Services Agreement. In connection with the Spin-off, we entered into a Management Services Agreement with DISH Network pursuant to which DISH Network made certain of its officers available to provide services (which were primarily accounting services) to us. The Management Services Agreement automatically renewed on January 1, 2013 for an additional one-year period until January 1, 2014. Effective June 15, 2013, we terminated the Management Services Agreement. We made payments to DISH Network based upon an allocable portion of the personnel costs and expenses incurred by DISH Network with respect to such DISH Network officers (taking into account wages and fringe benefits). These allocations were based upon the estimated percentages of time to be spent by the DISH Network executive officers performing services for us under the Management Services Agreement. We also reimbursed DISH Network for direct out-of-pocket costs incurred by DISH Network for management services provided to us. We and DISH Network evaluated all charges for reasonableness at least annually and made any adjustments to these charges as we and DISH Network mutually agreed upon. | ||||||||||||||||||||
Professional Services Agreement. In connection with the Spin-off, we entered into various agreements with DISH Network including the Transition Services Agreement, Satellite Procurement Agreement and Services Agreement, which all expired on January 1, 2010 and were replaced by a Professional Services Agreement. During 2009, we and DISH Network agreed that we shall continue to have the right, but not the obligation, to receive the following services from DISH Network, among others, certain of which were previously provided under the Transition Services Agreement: information technology, travel and event coordination, internal audit, legal, accounting and tax, benefits administration, program acquisition services and other support services. Additionally, we and DISH Network agreed that DISH Network shall continue to have the right, but not the obligation, to engage us to manage the process of procuring new satellite capacity for DISH Network (previously provided under the Satellite Procurement Agreement), receive logistics, procurement and quality assurance services from us (previously provided under the Services Agreement) and other support services. The Professional Services Agreement automatically renewed on January 1, 2013 for an additional one-year period and renews automatically for successive one-year periods thereafter, unless terminated earlier by either party upon at least 60 days notice. However, either party may terminate the Professional Services Agreement in part with respect to any particular service it receives for any reason upon at least 30 days notice. | ||||||||||||||||||||
Real Estate Lease Agreements. Since the Spin-off, we have entered into lease agreements pursuant to which we lease certain real estate from DISH Network. The rent on a per square foot basis for each of the leases is comparable to per square foot rental rates of similar commercial property in the same geographic areas at the time of the lease, and we are responsible for our portion of the taxes, insurance, utilities and maintenance of the premises. The term of each of the leases is set forth below: | ||||||||||||||||||||
Varick Sublease Agreement. During 2008, we subleased certain space at 185 Varick Street, New York, New York from DISH Network for a period of approximately seven years. | ||||||||||||||||||||
El Paso Lease Agreement. During 2012, we leased certain space at 1285 Joe Battle Blvd. El Paso, Texas from DISH Network for a period ending on August 1, 2015, which also provides us with renewal options for four consecutive three year terms. | ||||||||||||||||||||
American Fork Occupancy License Agreement. The license for certain space at 796 East Utah Valley Drive in American Fork, Utah is for a period ending on July 31, 2017, subject to the terms of the underlying lease agreement. | ||||||||||||||||||||
Other Agreements — DISH Network | ||||||||||||||||||||
Satellite Capacity Leased from DISH Network. Since the Spin-off, we entered into certain satellite capacity agreements pursuant to which we acquire certain satellite capacity from DISH Network on certain satellites owned or leased by DISH Network. The fees for the services provided under these satellite capacity agreements depend, among other things, upon the orbital location of the applicable satellite and the length of the lease. The term of each satellite capacity agreement is set forth below: | ||||||||||||||||||||
EchoStar I. During 2009, we entered into a satellite capacity agreement pursuant to which we leased certain satellite capacity from DISH Network on EchoStar I. Effective July 1, 2012, we and DISH Network mutually agreed to terminate this satellite capacity agreement. | ||||||||||||||||||||
D-1. In November 2012, HNS entered into a satellite capacity agreement pursuant to which HNS leases certain satellite capacity from DISH Network on the D-1 satellite for research and development. This service agreement terminates upon the earlier of: (i) the end-of-life of the satellite; (ii) the date the satellite fails; (iii) the date the spectrum capacity on which service is being provided under the agreement fails; or (iv) December 31, 2013. | ||||||||||||||||||||
EchoStar XV. In May 2013, we began leasing satellite capacity from DISH Network on EchoStar XV and relocated the satellite to the 45 degree west longitude orbital location for testing pursuant to our Brazilian authorization. Subject to certain conditions, the capacity agreement expires on February 1, 2014. Additionally, subject to certain conditions, we have certain rights to extend the service term of the satellite capacity agreement for three years. Subject to certain conditions, DISH Network has the right to terminate the capacity agreement prior to the date of expiration and have the satellite relocated from the 45 degree west longitude orbital location. | ||||||||||||||||||||
Remanufactured Receiver Agreement. In connection with the Spin-off, we entered into a remanufactured receiver agreement with DISH Network pursuant to which we have the right, but not the obligation, to purchase remanufactured receivers and related components from DISH Network at cost plus a fixed margin, which varies depending on the nature of the equipment purchased. In November 2013, we and DISH Network extended this agreement until December 31, 2014. We may terminate the remanufactured receiver agreement for any reason upon at least 60 days notice to DISH Network. DISH Network may also terminate this agreement if certain entities acquire it. Our purchase of remanufactured receivers and related components from DISH Network was minimal and $2.8 million for the three months ended September 30, 2013 and 2012, respectively, and minimal and $3.5 million for the nine months ended September 30, 2013 and 2012, respectively. | ||||||||||||||||||||
Tax Sharing Agreement. In connection with the Spin-off, we entered into a tax sharing agreement with DISH Network which governs our respective rights, responsibilities and obligations after the Spin-off with respect to taxes for the periods ending on or before the Spin-off. Generally, all pre-Spin-off taxes, including any taxes that are incurred as a result of restructuring activities undertaken to implement the Spin-off, are borne by DISH Network, and DISH Network will indemnify us for such taxes. However, DISH Network is not liable for and will not indemnify us for any taxes that are incurred as a result of the Spin-off or certain related transactions failing to qualify as tax-free distributions pursuant to any provision of Section 355 or Section 361 of the Internal Revenue Code of 1986, as amended because of: (i) a direct or indirect acquisition of any of our stock, stock options or assets; (ii) any action that we take or fail to take; or (iii) any action that we take that is inconsistent with the information and representations furnished to the IRS in connection with the request for the private letter ruling, or to counsel in connection with any opinion being delivered by counsel with respect to the Spin-off or certain related transactions. In such case, we will be solely liable for, and will indemnify DISH Network for, any resulting taxes, as well as any losses, claims and expenses. The tax sharing agreement will only terminate after the later of the full period of all applicable statutes of limitations, including extensions, or once all rights and obligations are fully effectuated or performed. | ||||||||||||||||||||
In light of the tax sharing agreement, among other things, and in connection with our consolidated federal income tax returns for certain tax years prior to and for the year of the Spin-off, during the third quarter of 2013, we and DISH Network agreed upon a supplemental allocation of the tax benefits arising from certain tax items resolved in the course of the IRS’s examination of our consolidated tax returns. Prior to the agreement with DISH Network, the federal tax benefits of $82.8 million were reflected as a deferred tax asset for depreciation and amortization, which was netted in our noncurrent deferred tax liabilities. The agreement requires DISH Network to pay us $82.8 million of the federal tax benefit it receives at such time as we would have otherwise been able to realize such tax benefit, which we currently estimate would be after 2014. Accordingly, we recorded a noncurrent receivable from DISH Network for $82.8 million in “Other noncurrent assets, net” and a corresponding increase in our net noncurrent deferred tax liabilities to reflect the effects of this agreement in the third quarter of 2013. In addition, during the third quarter of 2013, we and DISH Network agreed upon a tax sharing arrangement for filing certain combined state income tax returns and a method of allocating the respective tax liabilities between us and DISH Network for such combined returns, through the taxable period ending on December 31, 2017. | ||||||||||||||||||||
TiVo. On April 29, 2011, we and DISH Network entered into a settlement agreement with TiVo, Inc. (“TiVo”). The settlement resolved all pending litigation between us and DISH Network, on the one hand, and TiVo, on the other hand, including litigation relating to alleged patent infringement involving certain DISH Network DVRs. | ||||||||||||||||||||
Under the settlement agreement, all pending litigation has been dismissed with prejudice and all injunctions that permanently restrain, enjoin or compel any action by us or DISH Network have been dissolved. We and DISH Network are jointly responsible for making payments to TiVo in the aggregate amount of $500.0 million, including an initial payment of $300.0 million and the remaining $200.0 million in six equal annual installments between 2012 and 2017. Pursuant to the terms and conditions of the agreements entered into in connection with the Spin-off, DISH Network made the initial payment to TiVo in May 2011, except for the contribution from us totaling approximately $10.0 million, representing an allocation of liability relating to our sales of DVR-enabled receivers to an international customer. Future payments will be allocated between us and DISH Network based on historical sales of certain licensed products, with EchoStar being responsible for 5% of each annual payment. | ||||||||||||||||||||
Patent Cross-License Agreements. During December 2011, we and DISH Network entered into separate patent cross-license agreements with the same third party whereby: (i) we and such third party licensed our respective patents to each other subject to certain conditions; and (ii) DISH Network and such third party licensed their respective patents to each other subject to certain conditions (each, a “Cross-License Agreement”). Each Cross-License Agreement covers patents acquired by the respective party prior to January 1, 2017 and aggregate payments under both Cross-License Agreements total less than $10.0 million. Each Cross-License Agreement also contains an option to extend each Cross-License Agreement to include patents acquired by the respective party prior to January 1, 2022. If both options are exercised, the aggregate additional payments to such third party would total less than $3.0 million. However, we and DISH Network may elect to extend our respective Cross-License Agreement independently of each other. Since the aggregate payments under both Cross-License Agreements were based on the combined annual revenues of us and DISH Network, we and DISH Network agreed to allocate our respective payments to such third party based on our respective percentage of combined total revenue. | ||||||||||||||||||||
Voom Settlement Agreement. On October 21, 2012, we entered into the Voom Settlement Agreement with Voom and Cablevision, and for certain limited purposes, MSG Holdings, L.P., The Madison Square Garden Company and DISH Network. The Voom Settlement Agreement resolved the litigation between the parties relating to the Voom programming services. We were a party to the Voom Settlement Agreement solely for the purposes of executing a mutual release of claims with Voom, Cablevision, MSG Holdings, L.P. and The Madison Square Garden Company related to the Voom programming services. | ||||||||||||||||||||
DBSD North America Agreement. On March 9, 2012, DISH Network completed its acquisition of 100% of the equity of reorganized DBSD North America. Prior to DISH Network’s acquisition for DBSD North America and our completion of the Hughes Acquisition, DBSD North America and HNS entered into an agreement pursuant to which our Hughes segment provides, among other things, hosting, operations and maintenance services of DBSD North America’s satellite gateway and associated ground infrastructure. This agreement was renewed for a one-year period ending on February 15, 2014, and renews for three successive one-year periods unless terminated by DBSD North America upon at least 30 days notice prior to the expiration of any renewal term. | ||||||||||||||||||||
DISH Digital Holding L.L.C. Effective July 1, 2012, we and DISH Network formed DISH Digital, which is owned two-thirds by DISH Network and one-third by EchoStar. DISH Digital was formed to develop and commercialize certain advanced technologies. We, DISH Network and DISH Digital entered into the following agreements with respect to DISH Digital: (i) a contribution agreement pursuant to which we and DISH Network contributed certain assets in exchange for our respective ownership interests in DISH Digital; (ii) a limited liability company operating agreement, which provides for the governance of DISH Digital; and (iii) a commercial agreement pursuant to which, among other things, DISH Digital has: (a) certain rights and corresponding obligations with respect to DISH Digital’s business; and (b) the right, but not the obligation, to receive certain services from us and DISH Network, respectively. We account for our investment in DISH Digital using the equity method. | ||||||||||||||||||||
TerreStar-2 Development Agreement. In August 2013, we and DISH Network entered into a development agreement (“T2 Development Agreement”) with respect to the TerreStar-2 (“T2”) satellite under which we will reimburse DISH Network for amounts it pays pursuant to an authorization to proceed (the “T2 ATP”) with Space Systems/Loral, LLC in connection with the construction of the T2 satellite. In exchange, DISH Network granted us a right of first refusal and right of first offer to purchase the T2 satellite during the term of the T2 Development Agreement. In addition, under certain circumstances, we have a right to receive a portion of the sale proceeds in the event T2 is sold to a third party during or following the term of the T2 Development Agreement. The T2 Development Agreement expires on the later of: (i) December 31, 2013, or (ii) the date on which the T2 ATP expires. | ||||||||||||||||||||
Other Agreements | ||||||||||||||||||||
In November 2009, Mr. Roger J. Lynch became employed by both us and DISH Network as Executive Vice President. Mr. Lynch is responsible for the development and implementation of advanced technologies that are of potential utility and importance to both us and DISH Network. Mr. Lynch’s compensation consists of cash and equity compensation and is borne by both DISH Network and us. | ||||||||||||||||||||
Hughes Systique Corporation (“Hughes Systique”) | ||||||||||||||||||||
We contract with Hughes Systique for software development services. In addition to our 44.4% ownership in Hughes Systique, Mr. Pradman Kaul, the President of Hughes Communications, Inc. and a member of our Board of Directors and his brother, who is the CEO and President of Hughes Systique, in the aggregate, owned approximately 26.1%, on an undiluted basis, of Hughes Systique’s outstanding shares as of September 30, 2013. Furthermore, Mr. Pradman Kaul serves on the board of directors of Hughes Systique. We are considered the “primary beneficiary” of Hughes Systique due to, among other factors, our ability to significantly influence and direct the operating and financial decisions of Hughes Systique and our obligation to provide financial support in the form of term loans. As a result, we are required to consolidate Hughes Systique’s financial statements in our Condensed Consolidated Financial Statements. For the three and nine months ended September 30, 2012, Hughes Systique provided $0.1 million and $0.6 million, respectively, of software development services to us. For the three and nine months ended September 30, 2013, Hughes Systique did not provide software development services to us. | ||||||||||||||||||||
NagraStar L.L.C. | ||||||||||||||||||||
We own 50% of NagraStar L.L.C. (“NagraStar”), a joint venture that is our primary provider of encryption and related security technology used in our set-top boxes. We account for our investment in NagraStar using the equity method. | ||||||||||||||||||||
The table below summarizes our transactions with NagraStar. | ||||||||||||||||||||
For the Three Months | For the Nine Months | |||||||||||||||||||
Ended September 30, | Ended September 30, | |||||||||||||||||||
2013 | 2012 | 2013 | 2012 | |||||||||||||||||
(In thousands) | ||||||||||||||||||||
Purchases from NagraStar | $ | 4,626 | $ | 2,832 | $ | 12,781 | $ | 8,169 | ||||||||||||
As of | ||||||||||||||||||||
September 30, | December 31, | |||||||||||||||||||
2013 | 2012 | |||||||||||||||||||
(In thousands) | ||||||||||||||||||||
Due to NagraStar | $ | 1,243 | $ | 2,694 | ||||||||||||||||
Commitments to purchase from NagraStar | $ | 5,835 | $ | 7,303 | ||||||||||||||||
Dish Mexico | ||||||||||||||||||||
During 2008, we entered into a joint venture for a DTH satellite service in Mexico known as Dish Mexico. Pursuant to these arrangements, we provide certain broadcast services and satellite capacity and sell hardware such as digital set-top boxes and related equipment to Dish Mexico. We account for our investment in Dish Mexico using the equity method. | ||||||||||||||||||||
The following table summarizes services we provided to Dish Mexico that are not related to the original contribution commitment associated with our investment. | ||||||||||||||||||||
For the Three Months | For the Nine Months | |||||||||||||||||||
Ended September 30, | Ended September 30, | |||||||||||||||||||
2013 | 2012 | 2013 | 2012 | |||||||||||||||||
(In thousands) | ||||||||||||||||||||
Digital set-top boxes and related accessories | $ | 6,751 | $ | 13,229 | $ | 32,602 | $ | 39,991 | ||||||||||||
Satellite services | $ | 5,834 | $ | 4,530 | $ | 16,801 | $ | 8,790 | ||||||||||||
Uplink services | $ | 1,732 | $ | 2,229 | $ | 4,887 | $ | 6,831 | ||||||||||||
Other services | $ | — | $ | — | $ | 18 | $ | 640 | ||||||||||||
As of | ||||||||||||||||||||
September 30, | December 31, | |||||||||||||||||||
2013 | 2012 | |||||||||||||||||||
(In thousands) | ||||||||||||||||||||
Due from Dish Mexico | $ | 5,509 | $ | 11,699 | ||||||||||||||||
Deluxe/EchoStar LLC | ||||||||||||||||||||
We own 50% of Deluxe/EchoStar LLC (“Deluxe”), a joint venture that we entered into in 2010 to build an advanced digital cinema satellite distribution network targeting delivery to digitally equipped theaters in the U.S. and Canada. We account for our investment in Deluxe using the equity method. We recognized revenue from Deluxe for transponder services and the sale of broadband equipment of $0.2 million and $0.1 million for the three months ended September 30, 2013 and 2012, respectively, and $1.1 million and $0.7 million for the nine months ended September 30, 2013 and 2012, respectively. As of September 30, 2013 and December 31, 2012, we have receivables from Deluxe of approximately $0.6 million and $0.8 million, respectively. |
Summary_of_Significant_Account1
Summary of Significant Accounting Policies (Policies) | 9 Months Ended |
Sep. 30, 2013 | |
Summary of Significant Accounting Policies | ' |
Basis of Presentation | ' |
Basis of Presentation | |
The accompanying unaudited Condensed Consolidated Financial Statements have been prepared in accordance with accounting principles generally accepted in the United States (“GAAP”) and with the instructions to Form 10-Q and Article 10 of Regulation S-X for interim financial information. Accordingly, these financial statements do not include all of the information and notes required for complete financial statements prepared in accordance with GAAP. In our opinion, all adjustments (consisting of normal recurring adjustments) considered necessary for a fair presentation have been included. Our results of operations for the interim periods presented are not necessarily indicative of the results that may be expected for the full year. For further information, refer to the Consolidated Financial Statements and notes thereto included in our Annual Report on Form 10-K for the year ended December 31, 2012. Certain prior period amounts have been reclassified to conform to the current period presentation. | |
Principles of Consolidation | ' |
Principles of Consolidation | |
We consolidate all majority owned subsidiaries, investments in entities in which we have controlling interest and variable interest entities where we are the primary beneficiary. Non-majority owned investments are accounted for using the equity method when we have the ability to significantly influence the operating decisions of the investee. When we do not have the ability to significantly influence the operating decisions of the investee, the cost method is used. All significant intercompany accounts and transactions have been eliminated in consolidation. | |
Use of Estimates | ' |
Use of Estimates | |
The preparation of financial statements in accordance with GAAP requires us to make certain estimates and assumptions that affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenue and expense for each reporting period. Estimates are used in accounting for, among other things, amortization periods of deferred revenue and deferred subscriber acquisition costs, percentage-of-completion related to revenue recognition, allowances for doubtful accounts, allowances for sales returns and rebates, warranty obligations, self-insurance obligations, deferred taxes and related valuation allowances, uncertain tax positions, loss contingencies, fair value of financial instruments, fair value of our stock-based compensation, fair value of assets and liabilities acquired in business combinations, lease classifications, asset impairments, useful lives and amortization methods of property, equipment and intangible assets, and royalty obligations. Weakened economic conditions may increase the inherent uncertainty in the estimates and assumptions indicated above. We base our estimates and assumptions on historical experience and on various other factors that we believe to be relevant under the circumstances. Due to the inherent uncertainty involved in making estimates, actual results may differ from previously estimated amounts, and such differences may be material to our Condensed Consolidated Financial Statements. Estimates and assumptions are reviewed periodically, and the effects of revisions are reflected prospectively in the period they occur. | |
Fair Value Measurements | ' |
Fair Value Measurements | |
We determine fair value based on the exchange price that would be received for an asset or paid to transfer a liability (an exit price) in the principal or most advantageous market for the asset or liability in an orderly transaction between market participants. Market or observable inputs are the preferred source of values, followed by unobservable inputs or assumptions based on hypothetical transactions in the absence of market inputs. We utilize the highest level of inputs available according to the following hierarchy in determining fair value: | |
· Level 1, defined as observable inputs being quoted prices in active markets for identical assets; | |
· Level 2, defined as observable inputs other than quoted prices included in Level 1, including quoted prices for similar assets and liabilities in active markets; quoted prices for identical or similar instruments in markets that are not active; and model-derived valuations in which significant inputs and significant value drivers are observable in active markets; and | |
· Level 3, defined as unobservable inputs for which little or no market data exists, consistent with reasonably available assumptions made by other participants, therefore requiring assumptions based on the best information available. | |
Transfers between levels in the fair value hierarchy are considered to occur at the beginning of the quarterly accounting period. There were no transfers between levels for the nine months ended September 30, 2013 or 2012. | |
As of September 30, 2013 and December 31, 2012, the carrying amount of our cash and cash equivalents, trade accounts receivable, net of allowance for doubtful accounts, and accrued liabilities were equal to or approximated fair value due to their short-term nature or proximity to current market rates. | |
Fair values of our current marketable investment securities are based on a variety of observable market inputs. For our investments in publicly traded equity securities, fair value ordinarily is determined based on a Level 1 measurement that reflects quoted prices for identical securities in active markets. Fair values of our investments in marketable debt securities generally are based on Level 2 measurements as the markets for debt securities are less active. Trades of identical debt securities on or near the measurement date are considered a strong indication of fair value. Matrix pricing techniques that consider par value, coupon rate, credit quality, maturity and other relevant features also may be used to determine fair value of our investments in marketable debt securities. | |
Fair values for our publicly traded long-term debt are based on quoted market prices in less active markets and are categorized as Level 2 measurements. The fair values of our privately held debt are Level 2 measurements and are estimated to approximate their carrying amounts based on the proximity of their interest rates to current market rates. See Note 10 for the fair value of our long-term debt. As of September 30, 2013 and December 31, 2012, the fair values of our orbital incentive obligations, based on measurements categorized within Level 2 of the fair value hierarchy, approximated their carrying amounts of $47.8 million and $30.0 million, respectively. We use fair value measurements from time-to-time in connection with impairment testing and the assignment of purchase consideration to assets and liabilities of acquired companies. Those fair value measurements typically include significant unobservable inputs and are categorized within Level 3 of the fair value hierarchy. | |
New Accounting Pronouncements | ' |
New Accounting Pronouncements | |
In February 2013, the Financial Accounting Standards Board (“FASB”) issued Accounting Standards Update (“ASU”) No. 2013-02 amending the presentation guidance on the reporting of amounts reclassified out of accumulated other comprehensive income (loss). ASU No. 2013-02 requires entities to report the effect of significant reclassifications out of accumulated other comprehensive income (loss) on the respective line items either on the face of the statements of operations or in the notes to the financial statements. ASU No. 2013-02 is effective for annual and interim periods beginning after December 15, 2012. The adoption of ASU No. 2013-02 on January 1, 2013 did not have a material impact on our financial condition, results of operations, or cash flows. The presentation of our Condensed Consolidated Statements of Operations and Comprehensive Income (Loss) reflects the disclosure required by ASU No. 2013-02. | |
In July 2013, the FASB issued ASU No. 2013-11 amending requirements for the presentation of unrecognized tax benefits when a net operating loss carryforward, a similar tax loss, or a tax credit carryforward exists. ASU No. 2013-11 requires entities to present in the financial statements an unrecognized tax benefit, or a portion of an unrecognized tax benefit as a reduction to a deferred tax asset for a net operating loss carryforward, a similar tax loss, or a tax credit carryforward except to the extent such items are not available or not intended to be used at the reporting date to settle any additional income taxes that would result from the disallowance of a tax position. In such instances, the unrecognized tax benefit is required to be presented in the financial statements as a liability and not be combined with deferred tax assets. ASU No. 2013-11 is effective for annual and interim periods beginning after December 15, 2013. We do not expect the adoption of ASU No. 2013-11 to have a material impact on our financial condition, results of operations, or cash flows. |
Earnings_per_Share_Tables
Earnings per Share (Tables) | 9 Months Ended | |||||||||||||
Sep. 30, 2013 | ||||||||||||||
Earnings per Share | ' | |||||||||||||
Tabular disclosure of the effect of income (loss) on the entity's basic and diluted earnings per share | ' | |||||||||||||
For the Three Months | For the Nine Months | |||||||||||||
Ended September 30, | Ended September 30, | |||||||||||||
2013 | 2012 | 2013 | 2012 | |||||||||||
(In thousands, except per share amounts) | ||||||||||||||
Net income (loss) attributable to EchoStar | $ | 4,320 | $ | 22,554 | $ | (1,981 | ) | $ | 184,824 | |||||
Weighted-average common shares outstanding - Class A and B common stock: | ||||||||||||||
Basic | 89,868 | 87,279 | 89,081 | 87,031 | ||||||||||
Dilutive impact of stock awards outstanding | 1,398 | 719 | — | 721 | ||||||||||
Diluted | 91,266 | 87,998 | 89,081 | 87,752 | ||||||||||
Earnings per share - Class A and B common stock: | ||||||||||||||
Basic | $ | 0.05 | $ | 0.26 | $ | (0.02 | ) | $ | 2.12 | |||||
Diluted | $ | 0.05 | $ | 0.26 | $ | (0.02 | ) | $ | 2.11 |
Investment_Securities_Tables
Investment Securities (Tables) | 9 Months Ended | |||||||||||||||||||
Sep. 30, 2013 | ||||||||||||||||||||
Investment Securities | ' | |||||||||||||||||||
Schedule of marketable investment securities, restricted cash and cash equivalents, and other investments | ' | |||||||||||||||||||
As of | ||||||||||||||||||||
September 30, | December 31, | |||||||||||||||||||
2013 | 2012 | |||||||||||||||||||
(In thousands) | ||||||||||||||||||||
Marketable investment securities—current: | ||||||||||||||||||||
Corporate bonds | $ | 765,006 | $ | 654,096 | ||||||||||||||||
VRDNs | 50,770 | 66,145 | ||||||||||||||||||
Strategic | 28,435 | 56,288 | ||||||||||||||||||
Other | 43,417 | 39,422 | ||||||||||||||||||
Total marketable investment securities—current | 887,628 | 815,951 | ||||||||||||||||||
Restricted marketable investment securities (1) | 5,951 | 7,529 | ||||||||||||||||||
Total | 893,579 | 823,480 | ||||||||||||||||||
Restricted cash and cash equivalents (1) | 9,000 | 21,516 | ||||||||||||||||||
Other investments—noncurrent: | ||||||||||||||||||||
Cost method | 25,977 | 27,711 | ||||||||||||||||||
Equity method | 142,917 | 155,500 | ||||||||||||||||||
Total other investments—noncurrent | 168,894 | 183,211 | ||||||||||||||||||
Total marketable investment securities, restricted cash and cash equivalents, and other investments | $ | 1,071,473 | $ | 1,028,207 | ||||||||||||||||
(1) Restricted marketable investment securities and restricted cash and cash equivalents are included in “Restricted cash and marketable investment securities” on our Condensed Consolidated Balance Sheets. | ||||||||||||||||||||
Schedule of unrealized gains (losses) on marketable investment securities | ' | |||||||||||||||||||
Amortized | Unrealized | Estimated | ||||||||||||||||||
Cost | Gains | Losses | Fair Value | |||||||||||||||||
(In thousands) | ||||||||||||||||||||
As of September 30, 2013 | ||||||||||||||||||||
Debt securities: | ||||||||||||||||||||
Corporate bonds | $ | 764,896 | $ | 327 | $ | (217 | ) | $ | 765,006 | |||||||||||
VRDNs | 50,770 | — | — | 50,770 | ||||||||||||||||
Other (including restricted) | 49,375 | 4 | (11 | ) | 49,368 | |||||||||||||||
Equity securities - strategic | 15,272 | 13,500 | (337 | ) | 28,435 | |||||||||||||||
Total marketable investment securities | $ | 880,313 | $ | 13,831 | $ | (565 | ) | $ | 893,579 | |||||||||||
As of December 31, 2012 | ||||||||||||||||||||
Debt securities: | ||||||||||||||||||||
Corporate bonds | $ | 653,812 | $ | 591 | $ | (307 | ) | $ | 654,096 | |||||||||||
VRDNs | 66,145 | — | — | 66,145 | ||||||||||||||||
Other (including restricted) | 46,946 | 5 | — | 46,951 | ||||||||||||||||
Equity securities - strategic | 21,214 | 35,074 | — | 56,288 | ||||||||||||||||
Total marketable investment securities | $ | 788,117 | $ | 35,670 | $ | (307 | ) | $ | 823,480 | |||||||||||
Schedule of available-for-sale securities in continuous unrealized loss position by length of time and their fair value | ' | |||||||||||||||||||
As of | ||||||||||||||||||||
September 30, 2013 | December 31, 2012 | |||||||||||||||||||
Fair | Unrealized | Fair | Unrealized | |||||||||||||||||
Value | Losses | Value | Losses | |||||||||||||||||
(In thousands) | ||||||||||||||||||||
Less than 12 months | $ | 256,380 | $ | (517 | ) | $ | 275,587 | $ | (288 | ) | ||||||||||
12 months or more | 54,907 | (48 | ) | 12,963 | (19 | ) | ||||||||||||||
Total | $ | 311,287 | $ | (565 | ) | $ | 288,550 | $ | (307 | ) | ||||||||||
Schedule of fair value measurements | ' | |||||||||||||||||||
As of | ||||||||||||||||||||
September 30, 2013 | December 31, 2012 | |||||||||||||||||||
Total | Level 1 | Level 2 | Total | Level 1 | Level 2 | |||||||||||||||
(In thousands) | ||||||||||||||||||||
Cash equivalents (including restricted) | $ | 680,320 | $ | 48,234 | $ | 632,086 | $ | 533,943 | $ | 23,621 | $ | 510,322 | ||||||||
Debt securities: | ||||||||||||||||||||
Corporate bonds | $ | 765,006 | $ | — | $ | 765,006 | $ | 654,096 | $ | — | $ | 654,096 | ||||||||
VRDNs | 50,770 | — | 50,770 | 66,145 | — | 66,145 | ||||||||||||||
Other (including restricted) | 49,368 | — | 49,368 | 46,951 | — | 46,951 | ||||||||||||||
Equity securities - strategic | 28,435 | 28,435 | — | 56,288 | 56,288 | — | ||||||||||||||
Total marketable investment securities | $ | 893,579 | $ | 28,435 | $ | 865,144 | $ | 823,480 | $ | 56,288 | $ | 767,192 |
Trade_Accounts_Receivable_Tabl
Trade Accounts Receivable (Tables) | 9 Months Ended | |||||||
Sep. 30, 2013 | ||||||||
Trade Accounts Receivable | ' | |||||||
Schedule of trade accounts receivable | ' | |||||||
As of | ||||||||
September 30, | December 31, | |||||||
2013 | 2012 | |||||||
(In thousands) | ||||||||
Trade accounts receivable | $ | 167,626 | $ | 188,463 | ||||
Contracts in process, net | 12,435 | 39,804 | ||||||
Total trade accounts receivable | 180,061 | 228,267 | ||||||
Allowance for doubtful accounts | (14,806 | ) | (16,894 | ) | ||||
Total trade accounts receivable, net | $ | 165,255 | $ | 211,373 |
Inventory_Tables
Inventory (Tables) | 9 Months Ended | |||||||
Sep. 30, 2013 | ||||||||
Inventory | ' | |||||||
Schedule of inventory | ' | |||||||
As of | ||||||||
September 30, | December 31, | |||||||
2013 | 2012 | |||||||
(In thousands) | ||||||||
Finished goods | $ | 51,835 | $ | 57,540 | ||||
Raw materials | 13,782 | 19,041 | ||||||
Work-in-process | 7,950 | 7,767 | ||||||
Total inventory | $ | 73,567 | $ | 84,348 |
Property_and_Equipment_Tables
Property and Equipment (Tables) | 9 Months Ended | |||||||||||||
Sep. 30, 2013 | ||||||||||||||
Property and Equipment | ' | |||||||||||||
Schedule of property and equipment | ' | |||||||||||||
Depreciable | As of | |||||||||||||
Life | September 30, | December 31, | ||||||||||||
(In Years) | 2013 | 2012 | ||||||||||||
(In thousands) | ||||||||||||||
Land | — | $ | 42,849 | $ | 42,312 | |||||||||
Buildings and improvements | Jan-40 | 375,322 | 363,338 | |||||||||||
Furniture, fixtures, equipment and other | 12-Jan | 1,146,020 | 1,064,071 | |||||||||||
Customer rental equipment | 5-Jan | 338,181 | 251,708 | |||||||||||
Satellites - owned (1) | 15-Oct | 1,949,040 | 1,762,264 | |||||||||||
Satellites acquired under capital leases | 15-Oct | 935,104 | 935,104 | |||||||||||
Construction in progress | — | 153,471 | 455,186 | |||||||||||
Total property and equipment | 4,939,987 | 4,873,983 | ||||||||||||
Accumulated depreciation (1) | (2,410,412 | ) | (2,261,699 | ) | ||||||||||
Property and equipment, net | $ | 2,529,575 | $ | 2,612,284 | ||||||||||
(1) Balances previously reported as of December 31, 2012 have been reduced to exclude a fully-depreciated satellite that was retired from commercial service prior to December 31, 2012. | ||||||||||||||
Schedule of construction in process | ' | |||||||||||||
As of | ||||||||||||||
September 30, | December 31, | |||||||||||||
2013 | 2012 | |||||||||||||
(In thousands) | ||||||||||||||
Progress amounts for satellite construction, including certain amounts prepaid under satellite service agreements and launch costs: | ||||||||||||||
EchoStar XIX | $ | 65,101 | $ | 9,325 | ||||||||||
TerreStar-2 | 10,317 | — | ||||||||||||
EchoStar XVI | — | 345,090 | ||||||||||||
Other | 28,153 | 25,710 | ||||||||||||
Uplinking equipment | 22,366 | 37,264 | ||||||||||||
Other | 27,534 | 37,797 | ||||||||||||
Construction in progress | $ | 153,471 | $ | 455,186 | ||||||||||
Schedule of depreciation expense | ' | |||||||||||||
For the Three Months | For the Nine Months | |||||||||||||
Ended September 30, | Ended September 30, | |||||||||||||
2013 | 2012 | 2013 | 2012 | |||||||||||
(In thousands) | ||||||||||||||
Satellites | $ | 43,722 | $ | 35,443 | $ | 136,795 | $ | 109,561 | ||||||
Furniture, fixtures, equipment and other | 31,323 | 28,638 | 96,094 | 90,877 | ||||||||||
Customer rental equipment | 24,611 | 20,123 | 71,691 | 58,414 | ||||||||||
Buildings and improvements | 3,343 | 3,195 | 10,024 | 9,595 | ||||||||||
Total depreciation expense | $ | 102,999 | $ | 87,399 | $ | 314,604 | $ | 268,447 |
Goodwill_and_Other_Intangible_1
Goodwill and Other Intangible Assets (Tables) | 9 Months Ended | |||||||||||||||||||||
Sep. 30, 2013 | ||||||||||||||||||||||
Goodwill and Other Intangible Assets | ' | |||||||||||||||||||||
Schedule of other intangible assets subject to amortization | ' | |||||||||||||||||||||
Weighted | As of | |||||||||||||||||||||
Average | September 30, 2013 | December 31, 2012 | ||||||||||||||||||||
Useful life | Accumulated | Carrying | Accumulated | Carrying | ||||||||||||||||||
(in Years) | Cost | Amortization | Amount | Cost | Amortization | Amount | ||||||||||||||||
(In thousands) | ||||||||||||||||||||||
Customer relationships | 8 | $ | 293,932 | $ | (142,962 | ) | $ | 150,970 | $ | 293,932 | $ | (113,906 | ) | $ | 180,026 | |||||||
Contract-based | 10 | 255,366 | (198,161 | ) | 57,205 | 255,366 | (178,138 | ) | 77,228 | |||||||||||||
Technology-based | 7 | 126,272 | (79,240 | ) | 47,032 | 126,387 | (66,338 | ) | 60,049 | |||||||||||||
Trademark portfolio | 20 | 29,700 | (3,465 | ) | 26,235 | 29,700 | (2,351 | ) | 27,349 | |||||||||||||
Favorable leases | 4 | 4,707 | (2,746 | ) | 1,961 | 4,707 | (1,863 | ) | 2,844 | |||||||||||||
Total other intangible assets | $ | 709,977 | $ | (426,574 | ) | $ | 283,403 | $ | 710,092 | $ | (362,596 | ) | $ | 347,496 |
Debt_Tables
Debt (Tables) | 9 Months Ended | |||||||||||||
Sep. 30, 2013 | ||||||||||||||
Debt | ' | |||||||||||||
Schedule of carrying amounts and fair values of the entity's debt | ' | |||||||||||||
As of | ||||||||||||||
September 30, 2013 | December 31, 2012 | |||||||||||||
Carrying | Fair | Carrying | Fair | |||||||||||
Amount | Value | Amount | Value | |||||||||||
(In thousands) | ||||||||||||||
6 1/2% Senior Secured Notes due 2019 | $ | 1,100,000 | $ | 1,168,750 | $ | 1,100,000 | $ | 1,210,000 | ||||||
7 5/8% Senior Notes due 2021 | 900,000 | 972,000 | 900,000 | 1,026,450 | ||||||||||
Other | 1,452 | 1,452 | 2,041 | 2,041 | ||||||||||
Subtotal | 2,001,452 | $ | 2,142,202 | 2,002,041 | $ | 2,238,491 | ||||||||
Capital lease obligations (1) | 431,331 | 486,458 | ||||||||||||
Total debt and capital lease obligations | 2,432,783 | 2,488,499 | ||||||||||||
Less: Current portion | (68,662 | ) | (67,706 | ) | ||||||||||
Long-term portion of debt and capital lease obligations | $ | 2,364,121 | $ | 2,420,793 | ||||||||||
(1) Disclosure regarding the fair value of capital lease obligations is not required. |
StockBased_Compensation_Tables
Stock-Based Compensation (Tables) | 9 Months Ended | |||||||||||||
Sep. 30, 2013 | ||||||||||||||
Stock-Based Compensation | ' | |||||||||||||
Schedule of stock-based compensation expense | ' | |||||||||||||
For the Three Months | For the Nine Months | |||||||||||||
Ended September 30, | Ended September 30, | |||||||||||||
2013 | 2012 | 2013 | 2012 | |||||||||||
(In thousands) | ||||||||||||||
Research and development expenses | $ | 798 | $ | 697 | $ | 2,647 | $ | 2,564 | ||||||
Selling, general and administrative expenses | 3,138 | 3,051 | 11,341 | 11,797 | ||||||||||
Total stock-based compensation | $ | 3,936 | $ | 3,748 | $ | 13,988 | $ | 14,361 |
Segment_Reporting_Tables
Segment Reporting (Tables) | 9 Months Ended | ||||||||||||||||
Sep. 30, 2013 | |||||||||||||||||
Segment Reporting | ' | ||||||||||||||||
Schedule of revenue, capital expenditures and EBITDA by operating segments | ' | ||||||||||||||||
EchoStar | All | ||||||||||||||||
EchoStar | Satellite | Other and | Consolidated | ||||||||||||||
Technologies | Hughes | Services | Eliminations | Total | |||||||||||||
(In thousands) | |||||||||||||||||
For the Three Months Ended September 30, 2013 | |||||||||||||||||
Total revenue | $ | 456,129 | $ | 302,217 | $ | 85,945 | $ | 4,617 | $ | 848,908 | |||||||
Capital expenditures | $ | 16,246 | $ | 49,443 | $ | 71 | $ | 40,811 | $ | 106,571 | |||||||
EBITDA | $ | 42,975 | $ | 65,620 | $ | 68,808 | $ | (9,299 | ) | $ | 168,104 | ||||||
For the Three Months Ended September 30, 2012 | |||||||||||||||||
Total revenue | $ | 416,120 | $ | 285,974 | $ | 65,682 | $ | (3,055 | ) | $ | 764,721 | ||||||
Capital expenditures | $ | 22,161 | $ | 53,955 | $ | 12,806 | $ | 4,740 | $ | 93,662 | |||||||
EBITDA | $ | 25,211 | $ | 75,634 | $ | 57,065 | $ | 6,156 | $ | 164,066 | |||||||
For the Nine Months Ended September 30, 2013 | |||||||||||||||||
Total revenue | $ | 1,308,670 | $ | 906,564 | $ | 245,019 | $ | 14,112 | $ | 2,474,365 | |||||||
Capital expenditures | $ | 43,898 | $ | 139,276 | $ | 12,403 | $ | 69,266 | $ | 264,843 | |||||||
EBITDA | $ | 104,947 | $ | 202,995 | $ | 167,281 | $ | 13,708 | $ | 488,931 | |||||||
For the Nine Months Ended September 30, 2012 | |||||||||||||||||
Total revenue | $ | 1,270,415 | $ | 843,017 | $ | 210,703 | $ | 11,370 | $ | 2,335,505 | |||||||
Capital expenditures | $ | 51,946 | $ | 230,350 | $ | 70,758 | $ | 18,331 | $ | 371,385 | |||||||
EBITDA | $ | 88,648 | $ | 215,060 | $ | 162,737 | $ | 157,541 | $ | 623,986 | |||||||
Schedule of reconciliation of EBITDA to reported income (loss) before income taxes | ' | ||||||||||||||||
For the Three Months | For the Nine Months | ||||||||||||||||
Ended September 30, | Ended September 30, | ||||||||||||||||
2013 | 2012 | 2013 | 2012 | ||||||||||||||
(In thousands) | |||||||||||||||||
EBITDA | $ | 168,104 | $ | 164,066 | $ | 488,931 | $ | 623,986 | |||||||||
Interest expense, net | (44,731 | ) | (31,143 | ) | (138,544 | ) | (100,394 | ) | |||||||||
Depreciation and amortization | (124,742 | ) | (110,778 | ) | (379,585 | ) | (339,472 | ) | |||||||||
Net income (loss) attributable to noncontrolling interests | 317 | (285 | ) | 533 | (604 | ) | |||||||||||
Income (loss) before income taxes | $ | (1,052 | ) | $ | 21,860 | $ | (28,665 | ) | $ | 183,516 |
Related_Party_Transactions_Tab
Related Party Transactions (Tables) | 9 Months Ended | |||||||||||||||||||
Sep. 30, 2013 | ||||||||||||||||||||
NagraStar | ' | |||||||||||||||||||
Related party transactions | ' | |||||||||||||||||||
Schedule of related party transactions | ' | |||||||||||||||||||
For the Three Months | For the Nine Months | |||||||||||||||||||
Ended September 30, | Ended September 30, | |||||||||||||||||||
2013 | 2012 | 2013 | 2012 | |||||||||||||||||
(In thousands) | ||||||||||||||||||||
Purchases from NagraStar | $ | 4,626 | $ | 2,832 | $ | 12,781 | $ | 8,169 | ||||||||||||
As of | ||||||||||||||||||||
September 30, | December 31, | |||||||||||||||||||
2013 | 2012 | |||||||||||||||||||
(In thousands) | ||||||||||||||||||||
Due to NagraStar | $ | 1,243 | $ | 2,694 | ||||||||||||||||
Commitments to purchase from NagraStar | $ | 5,835 | $ | 7,303 | ||||||||||||||||
Dish Mexico | ' | |||||||||||||||||||
Related party transactions | ' | |||||||||||||||||||
Schedule of related party transactions | ' | |||||||||||||||||||
For the Three Months | For the Nine Months | |||||||||||||||||||
Ended September 30, | Ended September 30, | |||||||||||||||||||
2013 | 2012 | 2013 | 2012 | |||||||||||||||||
(In thousands) | ||||||||||||||||||||
Digital set-top boxes and related accessories | $ | 6,751 | $ | 13,229 | $ | 32,602 | $ | 39,991 | ||||||||||||
Satellite services | $ | 5,834 | $ | 4,530 | $ | 16,801 | $ | 8,790 | ||||||||||||
Uplink services | $ | 1,732 | $ | 2,229 | $ | 4,887 | $ | 6,831 | ||||||||||||
Other services | $ | — | $ | — | $ | 18 | $ | 640 | ||||||||||||
As of | ||||||||||||||||||||
September 30, | December 31, | |||||||||||||||||||
2013 | 2012 | |||||||||||||||||||
(In thousands) | ||||||||||||||||||||
Due from Dish Mexico | $ | 5,509 | $ | 11,699 |
Organization_and_Business_Acti1
Organization and Business Activities (Details) | 9 Months Ended |
Sep. 30, 2013 | |
item | |
Organization and Business Activities | ' |
Number of business segments | 3 |
Summary_of_Significant_Account2
Summary of Significant Accounting Policies (Details) (USD $) | 9 Months Ended | |||
In Millions, unless otherwise specified | Sep. 30, 2013 | Sep. 30, 2012 | Sep. 30, 2013 | Dec. 31, 2012 |
Level 2 | Level 2 | |||
Accounting policy disclosures | ' | ' | ' | ' |
Amount of transfers between levels within the fair value hierarchy | $0 | $0 | ' | ' |
Fair value measurements | ' | ' | ' | ' |
Orbital incentive obligations | ' | ' | $47.80 | $30 |
Earnings_per_Share_Details
Earnings per Share (Details) (USD $) | 3 Months Ended | 9 Months Ended | ||
In Thousands, except Share data, unless otherwise specified | Sep. 30, 2013 | Sep. 30, 2012 | Sep. 30, 2013 | Sep. 30, 2012 |
Net income (loss) attributable to EchoStar | ' | ' | ' | ' |
Net income (loss) attributable to EchoStar | $4,320 | $22,554 | ($1,981) | $184,824 |
Weighted-average common shares outstanding - Class A and B common stock: | ' | ' | ' | ' |
Basic (in shares) | 89,868,000 | 87,279,000 | 89,081,000 | 87,031,000 |
Dilutive impact of stock awards outstanding (in shares) | 1,398,000 | 719,000 | ' | 721,000 |
Diluted (in shares) | 91,266,000 | 87,998,000 | 89,081,000 | 87,752,000 |
Earnings per share - Class A and B common stock: | ' | ' | ' | ' |
Basic (in dollars per share) | $0.05 | $0.26 | ($0.02) | $2.12 |
Diluted (in dollars per share) | $0.05 | $0.26 | ($0.02) | $2.11 |
Long-term performance based plans | Class A common stock | ' | ' | ' | ' |
Dilutive securities excluded from computation of earnings per share | ' | ' | ' | ' |
Dilutive securities excluded from computation of earnings per share (in shares) | 700,000 | 700,000 | 700,000 | 700,000 |
Stock awards | Class A common stock | ' | ' | ' | ' |
Antidilutive Securities Excluded From Computation Of Earnings Per Share | ' | ' | ' | ' |
Anti-dilutive securities excluded from computation of earnings per share (in shares) | 1,900,000 | 4,500,000 | 4,000 | 5,000,000 |
Other_Comprehensive_Income_Los1
Other Comprehensive Income (Loss) and Related Tax Effects (Details) (USD $) | 9 Months Ended |
Sep. 30, 2013 | |
Other comprehensive income, tax (expense) benefit | ' |
Tax effects on foreign currency translation adjustments | $0 |
Tax effects on unrealized gains or losses on available-for-sale securities | $0 |
Investment_Securities_Details
Investment Securities (Details) (USD $) | Sep. 30, 2013 | Dec. 31, 2012 |
In Thousands, unless otherwise specified | ||
Marketable investment securities, restricted cash and cash equivalents, and other investments | ' | ' |
Total marketable investment securities - current | $887,628 | $815,951 |
Restricted marketable investment securities | 5,951 | 7,529 |
Total | 893,579 | 823,480 |
Restricted cash and cash equivalents | 9,000 | 21,516 |
Other investments-noncurrent: | ' | ' |
Cost method | 25,977 | 27,711 |
Equity method | 142,917 | 155,500 |
Total other investments-noncurrent | 168,894 | 183,211 |
Total marketable investment securities, restricted cash and cash equivalents, and other investments | 1,071,473 | 1,028,207 |
Restricted cash and marketable investment securities | ' | ' |
Marketable investment securities, restricted cash and cash equivalents, and other investments | ' | ' |
Restricted marketable investment securities | 5,951 | 7,529 |
Restricted cash and cash equivalents | 9,000 | 21,516 |
Corporate Bonds | ' | ' |
Marketable investment securities, restricted cash and cash equivalents, and other investments | ' | ' |
Total marketable investment securities - current | 765,006 | 654,096 |
VRDNs | ' | ' |
Marketable investment securities, restricted cash and cash equivalents, and other investments | ' | ' |
Total marketable investment securities - current | 50,770 | 66,145 |
Strategic | ' | ' |
Marketable investment securities, restricted cash and cash equivalents, and other investments | ' | ' |
Total marketable investment securities - current | 28,435 | 56,288 |
Other | ' | ' |
Marketable investment securities, restricted cash and cash equivalents, and other investments | ' | ' |
Total marketable investment securities - current | $43,417 | $39,422 |
Investment_Securities_Details_
Investment Securities (Details 2) (USD $) | Sep. 30, 2013 | Dec. 31, 2012 |
In Thousands, unless otherwise specified | ||
Unrealized Gains (Losses) on Marketable Investment Securities | ' | ' |
Amortized cost | $880,313 | $788,117 |
Unrealized Gains | 13,831 | 35,670 |
Unrealized Losses | -565 | -307 |
Total | 893,579 | 823,480 |
Estimated Fair Value | 731,700 | ' |
Corporate Bonds | ' | ' |
Unrealized Gains (Losses) on Marketable Investment Securities | ' | ' |
Amortized cost | 764,896 | 653,812 |
Unrealized Gains | 327 | 591 |
Unrealized Losses | -217 | -307 |
Estimated Fair Value | 765,006 | 654,096 |
VRDNs | ' | ' |
Unrealized Gains (Losses) on Marketable Investment Securities | ' | ' |
Amortized cost | 50,770 | 66,145 |
Estimated Fair Value | 50,770 | 66,145 |
Other (including restricted) | ' | ' |
Unrealized Gains (Losses) on Marketable Investment Securities | ' | ' |
Amortized cost | 49,375 | 46,946 |
Unrealized Gains | 4 | 5 |
Unrealized Losses | -11 | ' |
Estimated Fair Value | 49,368 | 46,951 |
Equity securities - Strategic | ' | ' |
Unrealized Gains (Losses) on Marketable Investment Securities | ' | ' |
Amortized cost | 15,272 | 21,214 |
Unrealized Gains | 13,500 | 35,074 |
Unrealized Losses | -337 | ' |
Estimated Fair Value | $28,435 | $56,288 |
Investment_Securities_Details_1
Investment Securities (Details 3) (USD $) | Sep. 30, 2013 |
In Millions, unless otherwise specified | |
Investment Securities | ' |
Debt security with contractual maturities of one year or less | $731.70 |
Debt securities with contractual maturities greater than one year | $133.40 |
Investment_Securities_Details_2
Investment Securities (Details 4) (USD $) | 3 Months Ended | 9 Months Ended | |||
Sep. 30, 2013 | Sep. 30, 2012 | Sep. 30, 2013 | Sep. 30, 2012 | Dec. 31, 2012 | |
Realized gains (losses) on marketable investment securities | ' | ' | ' | ' | ' |
Realized gains on the sales of marketable investment securities | $1,800,000 | $19,100,000 | $36,300,000 | $147,100,000 | ' |
Proceeds from sales of marketable investment securities | 47,400,000 | 49,500,000 | 142,700,000 | 499,800,000 | ' |
Fair value of marketable investment securities in a loss position | ' | ' | ' | ' | ' |
Less than 12 months | 256,380,000 | ' | 256,380,000 | ' | 275,587,000 |
12 months or more | 54,907,000 | ' | 54,907,000 | ' | 12,963,000 |
Total | 311,287,000 | ' | 311,287,000 | ' | 288,550,000 |
Unrealized losses on marketable investment securities in a loss position | ' | ' | ' | ' | ' |
Less than 12 months | -517,000 | ' | -517,000 | ' | -288,000 |
12 or more | -48,000 | ' | -48,000 | ' | -19,000 |
Total | ($565,000) | ' | ($565,000) | ' | ($307,000) |
Investment_Securities_Details_3
Investment Securities (Details 5) (USD $) | Sep. 30, 2013 | Dec. 31, 2012 |
In Thousands, unless otherwise specified | ||
Fair value of marketable securities | ' | ' |
Total marketable investment securities | $893,579 | $823,480 |
Debt security | 731,700 | ' |
Investments | 1,071,473 | 1,028,207 |
Corporate Bonds | ' | ' |
Fair value of marketable securities | ' | ' |
Debt security | 765,006 | 654,096 |
VRDNs | ' | ' |
Fair value of marketable securities | ' | ' |
Debt security | 50,770 | 66,145 |
Other (including restricted) | ' | ' |
Fair value of marketable securities | ' | ' |
Debt security | 49,368 | 46,951 |
Level 3 | ' | ' |
Fair value of marketable securities | ' | ' |
Investments | 0 | 0 |
Fair value measurements on recurring basis | Total | ' | ' |
Fair value of marketable securities | ' | ' |
Cash equivalents (including restricted) | 680,320 | 533,943 |
Total marketable investment securities | 893,579 | 823,480 |
Fair value measurements on recurring basis | Total | Corporate Bonds | ' | ' |
Fair value of marketable securities | ' | ' |
Debt security | 765,006 | 654,096 |
Fair value measurements on recurring basis | Total | VRDNs | ' | ' |
Fair value of marketable securities | ' | ' |
Debt security | 50,770 | 66,145 |
Fair value measurements on recurring basis | Total | Other (including restricted) | ' | ' |
Fair value of marketable securities | ' | ' |
Debt security | 49,368 | 46,951 |
Fair value measurements on recurring basis | Total | Equity securities - Strategic | ' | ' |
Fair value of marketable securities | ' | ' |
Equity security | 28,435 | 56,288 |
Fair value measurements on recurring basis | Level 1 | ' | ' |
Fair value of marketable securities | ' | ' |
Cash equivalents (including restricted) | 48,234 | 23,621 |
Total marketable investment securities | 28,435 | 56,288 |
Fair value measurements on recurring basis | Level 1 | Equity securities - Strategic | ' | ' |
Fair value of marketable securities | ' | ' |
Equity security | 28,435 | 56,288 |
Fair value measurements on recurring basis | Level 2 | ' | ' |
Fair value of marketable securities | ' | ' |
Cash equivalents (including restricted) | 632,086 | 510,322 |
Total marketable investment securities | 865,144 | 767,192 |
Fair value measurements on recurring basis | Level 2 | Corporate Bonds | ' | ' |
Fair value of marketable securities | ' | ' |
Debt security | 765,006 | 654,096 |
Fair value measurements on recurring basis | Level 2 | VRDNs | ' | ' |
Fair value of marketable securities | ' | ' |
Debt security | 50,770 | 66,145 |
Fair value measurements on recurring basis | Level 2 | Other (including restricted) | ' | ' |
Fair value of marketable securities | ' | ' |
Debt security | $49,368 | $46,951 |
Investment_Securities_Details_4
Investment Securities (Details 6) (Terre Star Network Inc., 6 1/2 % Senior Exchangeable Paid-In-Kind Notes Due June 15, 2014, USD $) | 1 Months Ended | 9 Months Ended | |
In Millions, unless otherwise specified | Feb. 29, 2008 | Sep. 30, 2013 | Dec. 31, 2012 |
Terre Star Network Inc. | 6 1/2 % Senior Exchangeable Paid-In-Kind Notes Due June 15, 2014 | ' | ' | ' |
Marketable investment securities: | ' | ' | ' |
Aggregate principal amount of investment acquired | $50 | ' | ' |
Interest rate (as a percent) | ' | 6.50% | ' |
Aggregate principal amount of investment held | ' | $0 | $0 |
Trade_Accounts_Receivable_Deta
Trade Accounts Receivable (Details) (USD $) | Sep. 30, 2013 | Dec. 31, 2012 |
Trade Accounts Receivable | ' | ' |
Total trade accounts receivable | $180,061,000 | $228,267,000 |
Allowance for doubtful accounts | -14,806,000 | -16,894,000 |
Total trade accounts receivable, net | 165,255,000 | 211,373,000 |
Progress billings offset against contracts in process | 6,300,000 | 5,400,000 |
Trade accounts receivables | ' | ' |
Trade Accounts Receivable | ' | ' |
Total trade accounts receivable | 167,626,000 | 188,463,000 |
Contracts in process, net | ' | ' |
Trade Accounts Receivable | ' | ' |
Total trade accounts receivable | $12,435,000 | $39,804,000 |
Inventory_Details
Inventory (Details) (USD $) | Sep. 30, 2013 | Dec. 31, 2012 |
In Thousands, unless otherwise specified | ||
Inventory | ' | ' |
Finished goods | $51,835 | $57,540 |
Raw materials | 13,782 | 19,041 |
Work-in-process | 7,950 | 7,767 |
Total inventory | $73,567 | $84,348 |
Property_and_Equipment_Details
Property and Equipment (Details) (USD $) | Sep. 30, 2013 | Dec. 31, 2012 | Sep. 30, 2013 | Dec. 31, 2012 | Sep. 30, 2013 | Dec. 31, 2012 | Sep. 30, 2013 | Sep. 30, 2013 | Sep. 30, 2013 | Dec. 31, 2012 | Sep. 30, 2013 | Sep. 30, 2013 | Sep. 30, 2013 | Dec. 31, 2012 | Sep. 30, 2013 | Sep. 30, 2013 | Sep. 30, 2013 | Dec. 31, 2012 | Sep. 30, 2013 | Sep. 30, 2013 | Sep. 30, 2013 | Dec. 31, 2012 | Sep. 30, 2013 | Sep. 30, 2013 | Sep. 30, 2013 | Dec. 31, 2012 |
In Thousands, unless otherwise specified | Land | Land | Buildings and improvements | Buildings and improvements | Buildings and improvements | Buildings and improvements | Furniture, fixtures, equipment and other | Furniture, fixtures, equipment and other | Furniture, fixtures, equipment and other | Furniture, fixtures, equipment and other | Customer rental equipment | Customer rental equipment | Customer rental equipment | Customer rental equipment | Satellites - owned | Satellites - owned | Satellites - owned | Satellites - owned | Satellites acquired under capital leases | Satellites acquired under capital leases | Satellites acquired under capital leases | Satellites acquired under capital leases | Construction in progress | Construction in progress | ||
Minimum | Maximum | Minimum | Maximum | Minimum | Maximum | Minimum | Maximum | Minimum | Maximum | |||||||||||||||||
Property and equipment | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Total property and equipment | $4,939,987 | $4,873,983 | $42,849 | $42,312 | $375,322 | $363,338 | ' | ' | $1,146,020 | $1,064,071 | ' | ' | $338,181 | $251,708 | ' | ' | $1,949,040 | $1,762,264 | ' | ' | $935,104 | $935,104 | ' | ' | $153,471 | $455,186 |
Accumulated depreciation | -2,410,412 | -2,261,699 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Property and equipment, net | $2,529,575 | $2,612,284 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Depreciable Life | ' | ' | ' | ' | ' | ' | '1 year | '40 years | ' | ' | '1 year | '12 years | ' | ' | '1 year | '5 years | ' | ' | '10 years | '15 years | ' | ' | '10 years | '15 years | ' | ' |
Property_and_Equipment_Details1
Property and Equipment (Details 2) (USD $) | Sep. 30, 2013 | Dec. 31, 2012 |
In Thousands, unless otherwise specified | ||
Property and equipment | ' | ' |
Construction in progress | $153,471 | $455,186 |
EchoStar XIX | ' | ' |
Property and equipment | ' | ' |
Construction in progress | 65,101 | 9,325 |
Terrestar 2 | ' | ' |
Property and equipment | ' | ' |
Construction in progress | 10,317 | ' |
EchoStar XVI | ' | ' |
Property and equipment | ' | ' |
Construction in progress | ' | 345,090 |
Satellite under construction: Other | ' | ' |
Property and equipment | ' | ' |
Construction in progress | 28,153 | 25,710 |
Uplinking equipment | ' | ' |
Property and equipment | ' | ' |
Construction in progress | 22,366 | 37,264 |
Construction in progress: Other | ' | ' |
Property and equipment | ' | ' |
Construction in progress | $27,534 | $37,797 |
Property_and_Equipment_Details2
Property and Equipment (Details 3) (USD $) | 3 Months Ended | 9 Months Ended | ||
In Thousands, unless otherwise specified | Sep. 30, 2013 | Sep. 30, 2012 | Sep. 30, 2013 | Sep. 30, 2012 |
Depreciation expense | ' | ' | ' | ' |
Total depreciation expense | $102,999 | $87,399 | $314,604 | $268,447 |
Satellites | ' | ' | ' | ' |
Depreciation expense | ' | ' | ' | ' |
Total depreciation expense | 43,722 | 35,443 | 136,795 | 109,561 |
Furniture, fixtures, equipment and other | ' | ' | ' | ' |
Depreciation expense | ' | ' | ' | ' |
Total depreciation expense | 31,323 | 28,638 | 96,094 | 90,877 |
Customer rental equipment | ' | ' | ' | ' |
Depreciation expense | ' | ' | ' | ' |
Total depreciation expense | 24,611 | 20,123 | 71,691 | 58,414 |
Buildings and improvements | ' | ' | ' | ' |
Depreciation expense | ' | ' | ' | ' |
Total depreciation expense | $3,343 | $3,195 | $10,024 | $9,595 |
Property_and_Equipment_Details3
Property and Equipment (Details 4) (USD $) | 9 Months Ended | 9 Months Ended | 6 Months Ended | 9 Months Ended | 3 Months Ended | 3 Months Ended | |||||||||||
Sep. 30, 2013 | Dec. 31, 2012 | Sep. 30, 2013 | Sep. 30, 2013 | Dec. 31, 2009 | Aug. 31, 2012 | Jun. 30, 2013 | Sep. 30, 2013 | Jul. 31, 2013 | Jun. 30, 2013 | Mar. 31, 2013 | Sep. 30, 2012 | Jun. 30, 2012 | Dec. 31, 2010 | Mar. 31, 2013 | Sep. 30, 2012 | Jun. 30, 2012 | |
Satellites | EchoStar III - fully depreciated | EchoStar III - fully depreciated | EchoStar VI - fully depreciated | EchoStar XII | EchoStar XII | EchoStar XII | EchoStar XII | AMC-16 | AMC-16 | AMC-16 | AMC-16 | AMC-16 | AMC-16 | AMC-16 | |||
item | item | EchoStar Satellite Services | EchoStar Satellite Services | EchoStar Satellite Services | EchoStar Satellite Services | Other, net | Other, net | Other, net | |||||||||
DISH Network | DISH Network | DISH Network | Level 3 | ||||||||||||||
DISH Network | |||||||||||||||||
Property and equipment | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Number of satellites utilized in geostationary orbit approximately 22,300 miles above the equator | ' | ' | 12 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Number of satellites utilized under capital lease | ' | ' | 4 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Number of DBS transponders, option one | ' | ' | ' | 32 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Number of transponders available for use | ' | ' | ' | 6 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Carrying amount | $2,529,575,000 | $2,612,284,000 | ' | ' | $0 | $0 | ' | ' | $11,300,000 | ' | ' | ' | ' | $0 | ' | ' | ' |
Gain recognized due to decrease in capital lease obligation | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 6,700,000 | 7,900,000 | 4,700,000 |
Impairment loss | 34,664,000 | ' | ' | ' | ' | ' | 34,700,000 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Estimated fair value | ' | ' | ' | ' | ' | ' | ' | ' | ' | 11,300,000 | ' | ' | ' | ' | ' | ' | ' |
Remaining estimated useful life | ' | ' | ' | ' | ' | ' | ' | '18 months | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Decrease in capital lease obligations | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | $6,700,000 | $7,900,000 | $4,700,000 | ' | ' | ' | ' |
Goodwill_and_Other_Intangible_2
Goodwill and Other Intangible Assets (Details) (USD $) | Sep. 30, 2013 | Dec. 31, 2012 |
In Thousands, unless otherwise specified | ||
Goodwill | ' | ' |
Goodwill | $507,924 | $507,924 |
Hughes Business | ' | ' |
Goodwill | ' | ' |
Goodwill | $504,200 | ' |
Goodwill_and_Other_Intangible_3
Goodwill and Other Intangible Assets (Details 2) (USD $) | 3 Months Ended | 9 Months Ended | |||
Sep. 30, 2013 | Sep. 30, 2012 | Sep. 30, 2013 | Sep. 30, 2012 | Dec. 31, 2012 | |
Other intangible assets | ' | ' | ' | ' | ' |
Amount received from exchange of spectrum rights | ' | ' | $23,148,000 | ' | ' |
Cost | 709,977,000 | ' | 709,977,000 | ' | 710,092,000 |
Accumulated Amortization | -426,574,000 | ' | -426,574,000 | ' | -362,596,000 |
Carrying Amount | 283,403,000 | ' | 283,403,000 | ' | 347,496,000 |
Total amortization expense | 21,700,000 | 23,400,000 | 65,000,000 | 71,000,000 | ' |
Canadian regulatory authorization | DISH Network | ' | ' | ' | ' | ' |
Other intangible assets | ' | ' | ' | ' | ' |
Amount received from exchange of spectrum rights | 23,100,000 | ' | ' | ' | ' |
Customer relationships | ' | ' | ' | ' | ' |
Other intangible assets | ' | ' | ' | ' | ' |
Cost | 293,932,000 | ' | 293,932,000 | ' | 293,932,000 |
Accumulated Amortization | -142,962,000 | ' | -142,962,000 | ' | -113,906,000 |
Carrying Amount | 150,970,000 | ' | 150,970,000 | ' | 180,026,000 |
Weighted Average Useful life | ' | ' | '8 years | ' | ' |
Contract-based | ' | ' | ' | ' | ' |
Other intangible assets | ' | ' | ' | ' | ' |
Cost | 255,366,000 | ' | 255,366,000 | ' | 255,366,000 |
Accumulated Amortization | -198,161,000 | ' | -198,161,000 | ' | -178,138,000 |
Carrying Amount | 57,205,000 | ' | 57,205,000 | ' | 77,228,000 |
Weighted Average Useful life | ' | ' | '10 years | ' | ' |
Technology-based | ' | ' | ' | ' | ' |
Other intangible assets | ' | ' | ' | ' | ' |
Cost | 126,272,000 | ' | 126,272,000 | ' | 126,387,000 |
Accumulated Amortization | -79,240,000 | ' | -79,240,000 | ' | -66,338,000 |
Carrying Amount | 47,032,000 | ' | 47,032,000 | ' | 60,049,000 |
Weighted Average Useful life | ' | ' | '7 years | ' | ' |
Trademark portfolio | ' | ' | ' | ' | ' |
Other intangible assets | ' | ' | ' | ' | ' |
Cost | 29,700,000 | ' | 29,700,000 | ' | 29,700,000 |
Accumulated Amortization | -3,465,000 | ' | -3,465,000 | ' | -2,351,000 |
Carrying Amount | 26,235,000 | ' | 26,235,000 | ' | 27,349,000 |
Weighted Average Useful life | ' | ' | '20 years | ' | ' |
Favorable leases | ' | ' | ' | ' | ' |
Other intangible assets | ' | ' | ' | ' | ' |
Cost | 4,707,000 | ' | 4,707,000 | ' | 4,707,000 |
Accumulated Amortization | -2,746,000 | ' | -2,746,000 | ' | -1,863,000 |
Carrying Amount | $1,961,000 | ' | $1,961,000 | ' | $2,844,000 |
Weighted Average Useful life | ' | ' | '4 years | ' | ' |
Debt_Details
Debt (Details) (USD $) | Sep. 30, 2013 | Dec. 31, 2012 |
In Thousands, unless otherwise specified | ||
Debt and Capital Lease Obligations | ' | ' |
Carrying Amount | $2,001,452 | $2,002,041 |
Fair Value | 2,142,202 | 2,238,491 |
Capital lease obligations | 431,331 | 486,458 |
Total debt and capital lease obligations | 2,432,783 | 2,488,499 |
Less: Current portion | -68,662 | -67,706 |
Long-term portion of debt and capital lease obligations | 2,364,121 | 2,420,793 |
6 1/2% Senior Secured Notes due 2019 | ' | ' |
Debt and Capital Lease Obligations | ' | ' |
Carrying Amount | 1,100,000 | 1,100,000 |
Fair Value | 1,168,750 | 1,210,000 |
Interest rate (as a percent) | 6.50% | ' |
7 5/8% Senior Notes due 2021 | ' | ' |
Debt and Capital Lease Obligations | ' | ' |
Carrying Amount | 900,000 | 900,000 |
Fair Value | 972,000 | 1,026,450 |
Interest rate (as a percent) | 7.63% | ' |
Other | ' | ' |
Debt and Capital Lease Obligations | ' | ' |
Carrying Amount | 1,452 | 2,041 |
Fair Value | $1,452 | $2,041 |
Income_Taxes_Details
Income Taxes (Details) (USD $) | 3 Months Ended | 9 Months Ended | ||
In Thousands, unless otherwise specified | Sep. 30, 2013 | Sep. 30, 2012 | Sep. 30, 2013 | Sep. 30, 2012 |
Income Taxes | ' | ' | ' | ' |
Income tax benefit | $5,689 | $409 | $27,217 | $704 |
Effective income tax rate (as a percent) | ' | ' | 94.90% | -0.40% |
StockBased_Compensation_Detail
Stock-Based Compensation (Details) (USD $) | 3 Months Ended | 9 Months Ended | ||
Sep. 30, 2013 | Sep. 30, 2012 | Sep. 30, 2013 | Sep. 30, 2012 | |
Stock-Based Compensation | ' | ' | ' | ' |
Allocated share-based compensation expense | $3,936,000 | $3,748,000 | $13,988,000 | $14,361,000 |
Research and development expenses | ' | ' | ' | ' |
Stock-Based Compensation | ' | ' | ' | ' |
Allocated share-based compensation expense | 798,000 | 697,000 | 2,647,000 | 2,564,000 |
Selling, general and administrative expenses | ' | ' | ' | ' |
Stock-Based Compensation | ' | ' | ' | ' |
Allocated share-based compensation expense | 3,138,000 | 3,051,000 | 11,341,000 | 11,797,000 |
Stock options | ' | ' | ' | ' |
Stock option activity | ' | ' | ' | ' |
Stock options granted (in shares) | 450,000 | 55,000 | 1,200,000 | 356,000 |
Non-Performance Based Stock Awards | ' | ' | ' | ' |
Stock-Based Compensation | ' | ' | ' | ' |
Unrecognized stock-based compensation cost, net of estimated forfeiture | $37,700,000 | ' | $37,700,000 | ' |
Commitments_and_Contingencies_
Commitments and Contingencies (Details) (USD $) | 9 Months Ended |
In Millions, unless otherwise specified | Sep. 30, 2013 |
Commitments and Contingencies | ' |
Satellite-related obligations | $955.10 |
Reduction in satellite related obligations under the launch services agreement with Arianespace, SA | $100 |
Commitments_and_Contingencies_1
Commitments and Contingencies (Details 2) (USD $) | 1 Months Ended | 12 Months Ended | 0 Months Ended | ||||
In Billions, except Share data, unless otherwise specified | Mar. 31, 2011 | Dec. 31, 2011 | Sep. 30, 2013 | Feb. 22, 2012 | Jul. 31, 2009 | Aug. 06, 2013 | Oct. 01, 2013 |
Breach of fiduciary duties | Breach of fiduciary duties | Breach of fiduciary duties | E-Contact Technologies, LLC | Technology Development and Licensing, LLC | Harbinger Capital Partners, et al. | Caltech | |
item | item | Minimum | Subsequent event | ||||
item | |||||||
Commitment and Contingencies | ' | ' | ' | ' | ' | ' | ' |
Number of indirect wholly-owned subsidiaries against which lawsuit was filed | ' | ' | ' | 2 | ' | ' | 2 |
Alleged damages | ' | ' | ' | ' | ' | $4 | ' |
Number of reexamination petitions pending before the United States Patents and Trademark Office | ' | ' | ' | ' | 2 | ' | ' |
Stock option grants attempted (in shares) | 1,500,000 | ' | ' | ' | ' | ' | ' |
Stock option grants (in shares) | ' | 800,000 | ' | ' | ' | ' | ' |
Stock options outstanding (in shares) | ' | ' | 800,000 | ' | ' | ' | ' |
Segment_Reporting_Details
Segment Reporting (Details) (USD $) | 3 Months Ended | 9 Months Ended | ||
In Thousands, unless otherwise specified | Sep. 30, 2013 | Sep. 30, 2012 | Sep. 30, 2013 | Sep. 30, 2012 |
item | ||||
Segment Reporting | ' | ' | ' | ' |
Number of business segments | ' | ' | 3 | ' |
Segment Reporting | ' | ' | ' | ' |
Total revenue | $848,908 | $764,721 | $2,474,365 | $2,335,505 |
Capital expenditures | 106,571 | 93,662 | 264,843 | 371,385 |
EBITDA | 168,104 | 164,066 | 488,931 | 623,986 |
Interest expense, net | -44,731 | -31,143 | -138,544 | -100,394 |
Depreciation and amortization | -124,742 | -110,778 | -379,585 | -339,472 |
Net income (loss) attributable to noncontrolling interests | 317 | -285 | 533 | -604 |
Income (loss) before income taxes | -1,052 | 21,860 | -28,665 | 183,516 |
Operating segments | EchoStar Technologies Business | ' | ' | ' | ' |
Segment Reporting | ' | ' | ' | ' |
Total revenue | 456,129 | 416,120 | 1,308,670 | 1,270,415 |
Capital expenditures | 16,246 | 22,161 | 43,898 | 51,946 |
EBITDA | 42,975 | 25,211 | 104,947 | 88,648 |
Operating segments | Hughes Business | ' | ' | ' | ' |
Segment Reporting | ' | ' | ' | ' |
Total revenue | 302,217 | 285,974 | 906,564 | 843,017 |
Capital expenditures | 49,443 | 53,955 | 139,276 | 230,350 |
EBITDA | 65,620 | 75,634 | 202,995 | 215,060 |
Operating segments | EchoStar Satellite Services Business | ' | ' | ' | ' |
Segment Reporting | ' | ' | ' | ' |
Total revenue | 85,945 | 65,682 | 245,019 | 210,703 |
Capital expenditures | 71 | 12,806 | 12,403 | 70,758 |
EBITDA | 68,808 | 57,065 | 167,281 | 162,737 |
All Other and Eliminations | All Other and Eliminations | ' | ' | ' | ' |
Segment Reporting | ' | ' | ' | ' |
Total revenue | 4,617 | -3,055 | 14,112 | 11,370 |
Capital expenditures | 40,811 | 4,740 | 69,266 | 18,331 |
EBITDA | ($9,299) | $6,156 | $13,708 | $157,541 |
Related_Party_Transactions_Det
Related Party Transactions (Details) (USD $) | Sep. 30, 2013 | Dec. 31, 2012 | Sep. 30, 2013 | Sep. 30, 2013 | Dec. 31, 2011 | Oct. 31, 2012 | Sep. 30, 2013 | Sep. 30, 2013 | Sep. 30, 2013 | Sep. 30, 2013 | Apr. 30, 2011 | Apr. 29, 2011 | Sep. 30, 2013 | Sep. 30, 2013 | 31-May-10 | Dec. 31, 2012 | Sep. 30, 2013 | Dec. 31, 2009 | 31-May-12 | Sep. 30, 2013 | Sep. 30, 2013 | Dec. 31, 2008 | Sep. 30, 2013 | Sep. 30, 2013 | Sep. 30, 2013 | Nov. 30, 2013 | Jan. 31, 2010 | Sep. 30, 2013 | Feb. 28, 2010 | Sep. 30, 2013 | Feb. 28, 2010 | Sep. 30, 2013 | Sep. 30, 2013 | Sep. 30, 2013 | Mar. 09, 2012 | Sep. 30, 2012 | Sep. 30, 2013 | Sep. 30, 2012 | Sep. 30, 2013 | Jun. 30, 2013 | Sep. 30, 2013 | Sep. 30, 2013 | Dec. 31, 2009 | Sep. 30, 2013 | Sep. 30, 2013 | Sep. 30, 2012 | Dec. 31, 2009 | Dec. 31, 2008 | Sep. 30, 2012 | Sep. 30, 2013 | Sep. 30, 2012 | Sep. 30, 2013 | Sep. 30, 2012 | Sep. 30, 2013 | Sep. 30, 2012 | Dec. 31, 2012 | Sep. 30, 2013 | Sep. 30, 2012 | Sep. 30, 2013 | Sep. 30, 2012 | Dec. 31, 2012 | Sep. 30, 2013 | Sep. 30, 2012 | Sep. 30, 2013 | Sep. 30, 2012 | Dec. 31, 2012 | Sep. 30, 2013 | Sep. 30, 2010 |
DISH Digital | EchoStar XVI | Patent Cross-License Agreements | Hughes Broadband Distribution Agreement | Hughes Broadband Distribution Agreement | DBSD North America Agreement | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | DISH Network | Telesat Canada | SES | Hughes Systique Corporation | Hughes Systique Corporation | Hughes Systique Corporation | NagraStar | NagraStar | NagraStar | NagraStar | NagraStar | Dish Mexico | Dish Mexico | Dish Mexico | Dish Mexico | Dish Mexico | Deluxe | Deluxe | Deluxe | Deluxe | Deluxe | Blockbuster | DISH Broadband | |||
item | EchoStar XV | DISH Digital | TiVo vs. Dish Network and Echostar Corporation | TiVo vs. Dish Network and Echostar Corporation | 2012 Receiver Agreement | Broadcast Agreement | Broadcast Agreement for Certain Sports Related Programming | EchoStar XVI | EchoStar XVI | EchoStar XVI | Service agreement to lease certain satellite capacity | TT&C Agreement | Inverness Lease Agreement | Varick Sublease Agreement | Santa Fe Lease Agreement | Gilbert Lease Agreement | Product Support Agreement | DISH Online.com Services Agreement | DISH Online.com Services Agreement | DISH Online.com Services Agreement | DISH Remote Access Services Agreement | DISH Remote Access Services Agreement | SlingService Services Agreement | SlingService Services Agreement | Management Services Agreement | RUS Service Implementation Agreement | DBSD North America Agreement | Remanufactured Receiver Agreement | Remanufactured Receiver Agreement | Remanufactured Receiver Agreement | Tax Sharing Agreement | Tax Sharing Agreement | Set-Top Box Application Development Agreement | XiP Encryption Agreement | DISH Telesat Agreement | El Paso Lease Agreement | Professional Services Agreement | QuetzSat-1 Transponder | Nimiq 5 Agreement | QuetzSat-1 Lease Agreement | RUS Service Implementation Agreement | |||||||||||||||||||||||||||
item | Ciel | item | Other noncurrent assets, net | Noncurrent deferred tax liabilities | item | item | item | item | item | Maximum | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Related party transactions | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Minimum required notice period for termination of agreement by related party | ' | ' | ' | ' | ' | ' | ' | '30 days | ' | ' | ' | ' | '60 days | '60 days | ' | ' | ' | ' | ' | '60 days | ' | ' | ' | ' | '60 days | ' | ' | '120 days | ' | '120 days | ' | '120 days | ' | '45 days | ' | ' | ' | ' | ' | ' | ' | '30 days | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Agreement term | ' | ' | ' | ' | ' | '5 years | ' | '1 year | ' | ' | ' | ' | ' | ' | '10 years | ' | ' | ' | '10 years | ' | ' | '7 years | ' | ' | ' | '1 year | '2 years | ' | '5 years | ' | '5 years | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | '1 year | ' | '15 years | '10 years | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Agreement term from commencement of service date | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | '4 years | ' | '10 years | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | '10 years | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Additional term of renewal option | ' | ' | ' | ' | ' | ' | ' | ' | '3 years | ' | ' | ' | '1 year | ' | ' | ' | '5 years | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Number of DBS transponders available to receive services | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 32 | ' | ' | ' | 32 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Number of DBS transponders expected to receive services | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 32 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Number of DBS transponders currently receiving services | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 24 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Number of DBS transponders currently receiving services subleased back from related party | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 5 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Automatic renewal period | ' | ' | ' | ' | ' | ' | '1 year | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | '1 year | ' | '1 year | ' | '1 year | '1 year | ' | ' | ' | ' | ' | ' | ' | '1 year | ' | ' | ' | '1 year | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Required minimum notice for termination of agreement | ' | ' | ' | ' | ' | ' | '180 days | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | '6 months | ' | ' | '30 days | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | '90 days | ' | ' | ' | '60 days | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Required minimum notice for termination of individual service | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | '30 days | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Required minimum notice period for termination of agreement by the reporting entity | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | '60 days | ' | ' | ' | ' | '180 days | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Number of successive three year renewal options | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 4 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Grants receivable by related party | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | $14,100,000 |
Term of renewal option | ' | ' | ' | '6 years | ' | ' | ' | '1 year | ' | ' | ' | ' | ' | ' | ' | ' | '6 years | ' | ' | ' | ' | ' | '1 year | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | '1 year | ' | '3 years | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | '1 year | ' |
Minimum notice period required to extend the agreement term | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | '180 days | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | '180 days | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Equity interest in joint venture | ' | ' | 33.00% | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Number of successive one year renewal options | ' | ' | ' | ' | ' | ' | ' | 3 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 3 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Ownership interest in related party (as a percent) | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 44.40% | ' | ' | ' | 50.00% | ' | ' | ' | ' | ' | ' | ' | ' | ' | 50.00% | ' | ' | ' | ' |
Ownership interest acquired by related party (as a percent) | ' | ' | ' | ' | ' | ' | ' | ' | ' | 67.00% | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 100.00% | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Maximum aggregate payments required under cross license agreements | ' | ' | ' | ' | 10,000,000 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Maximum additional aggregate payments required under cross license agreements if options are exercised | ' | ' | ' | ' | 3,000,000 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Ownership percentage by related party | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 26.10% | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Purchases from related party | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 2,800,000 | ' | 3,500,000 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 4,626,000 | 2,832,000 | 12,781,000 | 8,169,000 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Amount payable to related party | 32,907,000 | 26,960,000 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 1,243,000 | ' | 1,243,000 | ' | 2,694,000 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Commitments to purchase from NagraStar | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 5,835,000 | ' | 5,835,000 | ' | 7,303,000 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Federal tax benefits reflected as a deferred tax asset for depreciation and amortization | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 82,800,000 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Net amount of the allocated tax attributes receivable | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 82,800,000 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Settlement amount | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 500,000,000 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Portion of the $300 million initial settlement agreement payment paid by EchoStar | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 10,000,000 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Initial settlement amount paid | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 300,000,000 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Aggregate of six annual installment amounts between 2012 and 2017 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 200,000,000 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Litigation settlement, number of annual installments | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 6 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Estimated percentage of annual future payments payable by EchoStar | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 5.00% | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' |
Digital set-top boxes and related accessories | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 6,751,000 | 13,229,000 | 32,602,000 | 39,991,000 | ' | ' | ' | ' | ' | ' | ' | ' |
Sales of satellite services | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 5,834,000 | 4,530,000 | 16,801,000 | 8,790,000 | ' | ' | ' | ' | ' | ' | ' | ' |
Uplink services | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 1,732,000 | 2,229,000 | 4,887,000 | 6,831,000 | ' | ' | ' | ' | ' | ' | ' | ' |
Other services | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 18,000 | 640,000 | ' | ' | ' | ' | ' | ' | ' | ' |
Amount receivable from related party | 336,164,000 | 281,845,000 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 5,509,000 | ' | 5,509,000 | ' | 11,699,000 | ' | ' | ' | ' | ' | ' | ' |
Revenue recognized from equipment and services provided to related party | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 100,000 | ' | 600,000 | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | 200,000 | 100,000 | 1,100,000 | 700,000 | ' | ' | ' |
Receivables from related party | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | ' | $600,000 | ' | $600,000 | ' | $800,000 | ' | ' |