Filed by Echostar Communications Corporation
Pursuant to Rule 425 under the Securities Act of 1933
and deemed filed pursuant to Rule 14a-12
of the Securities Exchange Act of 1934
Subject Companies: Hughes Electronics Corporation
Commission File No. 0-26035
General Motors Corporation
Commission File No. 1-00143
Date: December 3, 2001
On December 3, 2001, EchoStar Communications Corporation, Hughes Electronics Corporation and General Motors issued the press release set forth below.
For Release: Monday, December 3, 2001
GM, Hughes, EchoStar File Application at FCC
Proposed Satellite TV Merger Would Bring Significant Benefits to American Consumers
WASHINGTON
General Motors, Hughes Electronics (NYSE: GM, GMH) and EchoStar
Communications Corporation (NASDAQ:DISH) today filed their application to the
U.S. Federal Communications Commission (FCC) for approval to transfer control of
certain licenses to their proposed merged company. The FCC review is designed to
ensure that the transaction serves the public interest.
The
companies state in the application that the proposed transaction would comply
with FCC rules and bring extraordinary benefits to American consumers through
more effective competition to cable television; more programming choices
including local channels in more metropolitan areas and more high definition TV
content; improved satellite-based, high-speed Internet deployment; and enhanced
service to rural communities.
In
late October, the companies announced definitive agreements for a proposed
transaction in which Hughes would separate from General Motors and merge with
EchoStar. The new company would be named Echostar Communications Corporation and
would market its video products and services under the DIRECTV brand. In
todays application, the FCC is being asked to allow the transfer of
control of the satellite, earth station and other related authorizations
currently held by the companies to the proposed new entity.
With
the enormous efficiencies generated by this merger, we can accelerate the
delivery of local TV channels for more Americans, increase HDTV services and
provide for a faster introduction of high-speed Internet access. We will also
commit to continue our practice of offering uniform, nationwide pricing. This
merger is the best hope to provide true competition to cable companies,
said Charlie Ergen, chairman and chief executive officer of EchoStar.
The
proposed merger will create a combined satellite television platform better able
to compete effectively with the dominant and entrenched cable operators in the
pay-television market, also known as the multichannel video programming
distribution (MVPD) market. Todays MVPD market remains dominated by cable
operators, which claim a share of about 80 percent or nearly 70 million
subscribers. In contrast, the combined Hughes-EchoStar would serve only 17
percent of the MVPD market, or approximately 15 million customers.
One
of the most compelling efficiencies of an EchoStar-Hughes merger is elimination
of the duplicative use of the radio spectrum that the FCC has allocated for
Direct Broadcast Satellite (DBS) service, freeing up use of that spectrum for
use for adding local broadcast channels, additional programming and new services
such as video on demand and high definition TV, the application states.
By
combining the resources of EchoStar and Hughes, which would free up a
significant amount of spectrum capacity, the new company would be able to
provide the most meaningful competition to cable companies, benefiting consumers
in numerous ways. For example:
The new company would expand local network television coverage from the current
42 total metropolitan areas the companies serve today, to more than 100
metropolitan areas. Currently, EchoStar and Hughes are limited in their ability
to serve additional metropolitan areas because of scarce spectrum and the advent
of new regulations, known as must carry rules, which take effect on
Jan. 1, 2002.
The combined new company would be better able to provide more programming
choices including the addition of at least 12 high definition TV channels. This
would help spur the digital transition among cable providers, programmers and
broadcasters, as well as encourage the use of digital television equipment by
consumers.
The new company would also accelerate the availability and enhanced quality of
two-way, always on, high-speed Internet access via satellite at
competitive prices, which would provide competition to cable modem and DSL
services. Because it would be available nationwide, satellite-based Internet
access would help bridge the digital divide for rural customers
where cable modem or DSL services are not available.
Rural America would further benefit from the advantages of nationwide
pricing for video services, which would offer customers in rural areas the full
benefits of the rigorous competition occurring in urban and suburban areas.
When measured against
various components of the Commissions public interest standard, the
proposed merger is consistent with all relevant Commission rules and policies,
and will result in very significant, affirmative public interest benefits,
the application states. It will advance the Commissions core
policies in favor of a more competitive video marketplace, efficient use of
scarce spectrum and satellite resources, and the provision of advanced broadband
services to all Americans.
The
merger should be evaluated in a marketplace that includes the entire MVPD
market, according to Robert D. Willig, professor of Economics and Public
Affairs at Princeton University and former deputy assistant attorney general for
Economics in the Antitrust Division of the Justice Department, in a declaration
included in the FCC application. The relevant market for evaluating the
merger of EchoStar and DIRECTV includes cable providers, Willig said.
The primary objective of each firm is to gain market share by luring
consumers away from the leading cable providers, and the firms accordingly price
their DBS programming services at levels based primarily on the prices charged
by cable providers.
In
addition to the FCC review, the transaction is being reviewed by Department of
Justice Antitrust Division to ensure the merger complies with antitrust laws.
The transaction is also subject to other regulatory review, including by the
U.S. Internal Revenue Service and Securities and Exchange Commission.
The text of the filing will be available through company websites:
www.gm.com, www.hughes.com, www.echostar.com.
In connection with the proposed transactions, General Motors Corporation (GM), Hughes Electronics Corporation (Hughes) and EchoStar Communications Corporation (EchoStar) intend to file relevant materials with the
Securities and Exchange Commission, including one or more Registration Statement(s) on Form S-4 that contain a prospectus and proxy/consent solicitation statement. Because those documents will contain important information, holders of GM $1-2/3 and GM Class H common stock are urged to read them, if and when they become available. When filed with the SEC, they will be available for free at the SECs website, www.sec.gov, and GM stockholders will receive information at an appropriate time on how to obtain transaction-related documents for free from General Motors. Such documents are not currently available.
General Motors and its directors and executive officers, Hughes and certain of its officers, and EchoStar and certain of its executive officers may be deemed to be participants in GMs solicitation of proxies or consents from the holders of GM $1-2/3 common stock and GM Class H common stock in connection with the proposed transactions. Information regarding the participants and their interests in the solicitation was filed pursuant to Rule 425 with the SEC by EchoStar on November 1, 2001 and by each of GM and Hughes on November 16, 2001. Investors may obtain additional information regarding the interests of the participants by reading the prospectus and proxy/consent solicitation statement if and when it becomes available.
This communication shall not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of securities in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such jurisdiction. No offering of securities shall be made except by means of a prospectus meeting the requirements of Section 10 of the Securities Act of 1933, as amended.
Materials included in this document contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements involve known and unknown risks, uncertainties and other factors that could cause our actual results to be materially different from historical results or from any future results expressed or implied by such forward-looking statements. The factors that could cause actual results of GM, Hughes, EchoStar, or a combined EchoStar and Hughes, to differ materially, many of which are beyond the control of EchoStar, Hughes or GM include, but are not limited to, the following: (1) the businesses of EchoStar and Hughes may not be integrated successfully or such integration may be more difficult, time-consuming or costly than expected; (2) expected benefits and synergies from the combination may not be realized within the expected time frame or at all; (3) revenues following the transaction may be lower than expected; (4) operating costs, customer loss and business disruption including, without limitation, difficulties in maintaining relationships with employees, customers, clients or suppliers, may be greater than expected following the transaction; (5) generating the incremental growth in the subscriber base of the combined company may be more costly or difficult than expected; (6) the regulatory approvals required for the transaction may not be obtained on the terms expected or on the anticipated schedule; (7) the effects of legislative and regulatory changes; (8) an inability to obtain certain retransmission consents; (9) an inability to retain necessary authorizations from the FCC; (10) an increase in competition from cable as a result of digital cable or otherwise, direct broadcast satellite, other satellite system operators, and other providers of subscription television services; (11) the introduction of new technologies and competitors into the subscription television business; (12) changes in labor, programming, equipment and capital costs; (13) future acquisitions, strategic partnership and divestitures; (14) general business and economic conditions; and (15) other risks described from time to time in periodic reports filed by EchoStar, Hughes or GM with the Securities and Exchange Commission. You are urged to consider statements that include the words may, will, would, could, should, believes, estimates, projects, potential, expects, plans, anticipates, intends, continues, forecast, designed, goal, or the negative of those words or other comparable words to be uncertain and forward-looking. This cautionary statement applies to all forward-looking statements included in this document.
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