Dish Network 2010 Annual Report Download - page 5

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DISCLOSURE REGARDING FORWARD-LOOKING STATEMENTS
We make “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995
throughout this report. Whenever you read a statement that is not simply a statement of historical fact (such as when
we describe what we “believe,” “intend,” “plan,” “estimate,” “expect” or “anticipate” will occur and other similar
statements), you must remember that our expectations may not be achieved, even though we believe they are
reasonable. We do not guarantee that any future transactions or events described herein will happen as described or
that they will happen at all. You should read this report completely and with the understanding that actual future
results may be materially different from what we expect. Whether actual events or results will conform with our
expectations and predictions is subject to a number of risks and uncertainties. For further discussion see Item 1A.
Risk Factors. The risks and uncertainties include, but are not limited to, the following:
• We face intense and increasing competition from satellite and cable television providers,
telecommunications companies and providers of video content via the Internet, especially as the pay-
TV industry matures, which may require us to increase subscriber acquisition and retention spending
or accept lower subscriber acquisitions and higher subscriber churn.
• Competition from digital media companies that provide/facilitate the delivery of video content via the
Internet, could materially adversely affect us.
• If we are unsuccessful in overturning the District Court’s ruling on Tivo’s motion for contempt, we are
not successful in developing and deploying potential new alternative technology and we are unable to
reach a license agreement with Tivo on reasonable terms, we would be subject to substantial liability
and would be prohibited from offering DVR functionality that would result in a significant loss of
subscribers and place us at a significant disadvantage to our competitors.
• If we do not improve our operational performance and customer satisfaction, our gross new subscriber
additions may decrease and our subscriber churn may increase.
• If DISH Network gross new subscriber additions decrease, or if subscriber churn, subscriber
acquisition costs or retention costs increase, our financial performance will be adversely affected.
• Economic weakness, including higher unemployment and reduced consumer spending, may adversely
affect our ability to grow or maintain our business.
• Programming expenses are increasing and could adversely affect our future financial condition and
results of operations.
• We depend on others to provide the programming that we offer to our subscribers and, if we lose
access to this programming, our gross new subscriber additions may decline and subscriber churn may
increase.
• We may be required to make substantial additional investments to maintain competitive programming
offerings.
• Technology in our industry changes rapidly and could cause our services and products to become
obsolete. We may have to upgrade or replace subscriber equipment and make substantial investments
in our infrastructure to remain competitive.
• Increased distribution of video content via the Internet could expose us to regulatory risk.
• Our business depends on certain intellectual property rights and on not infringing the intellectual
property rights of others.
• Any failure or inadequacy of our information technology infrastructure could harm our business.
• We may need additional capital, which may not be available on acceptable terms or at all, to continue
investing in our business and to finance acquisitions and other strategic transactions.
• If Voom prevails in its breach of contract suit against us, we could be required to pay substantial
damages, which would have a material adverse affect on our financial position and results of
operations.