1042642--3/6/2008--ECHOSTAR_DBS

related topics

{capital, credit, financial}

{acquisition, growth, future}

{interest, director, officer}

{system, service, information}

{cost, operation, labor}

{stock, price, operating}

{product, candidate, development}

{property, intellectual, protect}

{debt, indebtedness, cash}

{personnel, key, retain}

{investment, property, distribution}

{regulation, change, law}

{product, market, service}

Increased subscriber turnover could harm our financial performance. Increased subscriber acquisition and retention costs could adversely affect our financial performance. Satellite programming signals have been subject to theft, and we are vulnerable to subscriber fraud, which could cause us to lose subscribers and revenue. Our local programming strategy faces uncertainty. We depend on the Cable Act for access to others programming. We depend on others to produce programming. We face increasing competition from other distributors of foreign language programming. We are subject to significant regulatory oversight and changes in applicable regulatory requirements could adversely affect our business. During January 2008, the U.S. Court of Appeals upheld a Texas jury verdict that certain of our digital video recorders, or DVRs, infringed a patent held by Tivo. We currently have no commercial insurance coverage on the satellites we own. Our satellites are subject to risks related to launch. Our satellites are subject to significant operational risks. Our satellites have minimum design lives of 12 years, but could fail or suffer reduced capacity before then. Complex technology used in our business could become obsolete. We may have potential conflicts of interest with EchoStar. DNC s agreements with EchoStar may not reflect what two unaffiliated parties might have agreed to. We depend on EchoStar for many services, including the design, manufacture and supply of digital set-top boxes. We rely on key personnel. We are controlled by one principal stockholder. We may pursue new acquisitions, joint ventures and other transactions to complement or expand our business which may not be successful. Our business depends substantially on FCC licenses that can expire or be revoked or modified and applications that may not be granted. Our business relies on intellectual property, some of which is owned by third parties, and we may inadvertently infringe their patents and proprietary rights. We depend on other telecommunications providers, independent retailers and others to solicit orders for DISH Network services. We have substantial debt outstanding and may incur additional debt. We may need additional capital, which may not be available, in order to continue growing, to increase earnings and to make payments on our debt. We may be unable to manage rapidly expanding operations. We cannot be certain that we will sustain profitability.

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1042642--3/6/2008--ECHOSTAR_DBS_CORP