Consent to Use ofEBS Station KNZ65

0604-EX-ST-2009 Images

Intelibs, Inc

2010-01-14ELS_103885

Nadja S. Sodos-Wallace Senior Regulatory Counsel, Assistant Secretary 815 Connecticut Avenue, NW rwire Suite 610 Washington, DC 20006 (202)330-4011 www.clearwire.com December 7, 2009 Roman Catholic Diocese of Rockville Centre clo Telecare Joseph Perrone General Manager 1200 Glenn Curtiss Blvd. Uniondale, NY 11553 Re: EXPERIMENTAL SPECIAL TEMPORARY AUTHORIZATION Consent to Use ofEBS Station KNZ65 Dear Mr. Perrone: The Roman Catholic Diocese of Rockville Centre (the "Diocese") is the licensee ofEBS Station KNZ65. Station KNZ65 is subject to a de facto transfer lease with NSAC, LLC, which is a wholly-owned subsidiary of Clearwire Corporation ("Clearwire"). Intelibs, Inc. ("Intelibs") has made a request'for temporary, experimental use of the Diocese's E1, E2 and E3 channels in the FCC's new 2.5 GHz bandplan (the "Spectrum"). Intelibs proposes to use the Spectrum from January 1,2010 to June 30, 2010 (or for months from grant ofthe experimental application), for the purpose of testing an indoor WiMAX solution using femto and pico cells at SUNY Stony Brook. Prior to testing, Intelibs will file the necessary application with Federal Communications Commission ("FCC") for Experimental Special Temporary Authority (the "Experimental Application"). Upon grant of the Expelimental Application, Intelibs shall operate on the Spectrum in accordance with the rules and regulations of the Federal Communications Commission ("FCC"), including but not limited to those rules and regulations that apply specifically to experimental authorizations. Intelibs further agrees to take all necessary steps to cause no interference to the Diocese's operations and to protect and preserve the status ofthe FCC license for EBS station KNZ65 and the associated de facto transfer lease referenced above. Neither Intelibs nor any other party will use the Spectrum for commercial purposes during the Testing Period. Without limiting the foregoing, lntelibs agrees that in the event of interference, it will immediately cease any use ofthe Spectrum until any interference issues that might arise are resolved to your satisfaction. The parties acknowledge that this letter will be attached to the Experimental Application and filed therewith. Clearwire supports InteIibs's proposed testing and, pursuant to the de facto transfer lease between the Diocese and NSAC, LLC, Clemwire is requesting the Diocese's consent to lntelibs'

Nadja S. Sodos—Wallace Senior Regulatory Counsel, Assistant Secretary 815 Connectiout Avenue, NW Suite 610 Washington, DC 20006 {202}330—4011 www ,cleanwire.com proposed use of the Spectrum from January 1, 2010 until June 30, 2010, subject to the terms and conditions set forth above. If there are any further questions, please contact § }[ YCmE Wf Intelibs, Inc. at % itb — 210 — 'béqf—.é of at as soon as possible. Sincerely, Senior Regulffory Counsel, Assistant Secretary Agreed to: The Roman Catholic Diocese of Rockville Centre Name Title Date Agreed to: Intelibs, Inc. SC yopuC, _POP & Name LE4 FREAIDE/T Title ‘ * Date 121 3,/ e 7


Document Created: 2009-12-10 12:04:59
Document Modified: 2009-12-10 12:04:59
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