Attachment GRANT

GRANT

DECISION submitted by FCC,IB

GRANT

2006-01-09

This document pretains to SAT-AMD-20051118-00234 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2005111800234_475073

Approved by OMB 3050—0678 Date & Time Filed: May 11 2005 7 File Number: SAT—MOD—2005051 FCC APPLICATION FoR SPACE AND EARTH STATION:MOD OR AMD = MAIN FORM FCC Use Only FCe 312 MAIN FORM FOR OFFICIALUSE ONLY APPLICANT INFORMaATION Enter a description ofthis application toidentify it on the main menu: OrbView—5 T—K Legal Name ofApplicant Name: ORBIMAGE Inc. Phone Number: 703—480—7500 DBA Fax Number: 703—480—7544 Name: Streets 21700 Atlantic Boolevard E—Mails warrenwliam@orbimage.com City: Dulles State: VA Country: USA Zipeode: 20166 Attentions Mr Willam L Warren i sat—inoo— 2cososiidar7 See also S6t— 80—2005|118~ ©o234 | 22 | un bae _4\ 3\8 & igle:" go T: §GBinQ) whoodNOB Roltc @4 wen C

ATracimMENT saT—Mop—20050511—00007 sar—Antb—20051118—00234 January 9, 2006 ORBIMAGE, Inc.‘s (ORBIMAGE‘s) application, SAT—MOD—2005051 1—00097, as amended by SAT—AMD—20051 1 18—00234," to modify its existing authorization‘ to operate a Non—Geosynchronous Orbit Satellte System (NGSO) in the Earth Exploration Satellte Service (EESS) 18 GRANTED. Accordingly, ORBIMAGE is authorized to construct, launch, and operate an additional NGSO satellte, OrbView—5,that will be in a sun—synchronous orbit 684 Km above the Earth, with an inclination of 98.1272 degrees. Specifically, ORBIMAGE is authorized to operate an X—band data downlink centered at 8210 MHz with a 370 MHz bandwidth and an X—band data downlink centered at 8210 MHz with a 150 megaherte bandwidth for EESS service and to conduct an uplink tracking, telemetry and control (TT&C)in a 128 kiloherte channel at 2092.6 MHcenter frequency and downlink TT&C in a 59.7 kiloberte channel at $394 MHz center frequency,‘ in accordance with the technical parameters set forth in its application, the Commission‘s Rules, and the terms and conditions set forth below. 1. ORBIMAGE‘s downlink operations on the frequencies centered at 8210 MHz and 8394 MHz with Orbview—5 should not iterfere with the Pederal Aviation Authority‘s fixed microwave links transmitting in a 20 megaherte bandwidth channel at $300 MHz center frequency from Fort Meade, MD and Fairfax station, VA. 2. ORBIMAGE‘s downlink operation on the frequency centered at 8304 MHz with Orbview—$ should not cause interference to the Defense Satellite Communications System satellites uplink operations in Virginia and Earechson, Alaska. 3. ORBVIEW—S must be constructed, launched and placed into operation in accordance with the technical parameters of ts application and the dates set forth below in accordance with in Section 25.164(b) of the Commission‘s rules. ‘ ORBIMAGE‘s modifeation was placed on public noiceasacceptableforflingon 061005, Report No. $AT—00207, No commentswerefled. IBFS file NoSAT—AMD—20081118—00234 contains Orbimage‘s orbital debrisdisclosur tatement. Based upon ourreview, we conclude hat he planpreseted by ORBIMAGE fothe Orbwiew5 stellte demonstrates it operation rises no public inerest concems related o rbital debri, The FCC has neitherreviewed noapproved Orbimage‘s aunch vehicl and end— oFlife plans. Any necessry review or approvals for thos plans mustbeobtined from othr govemment agencies * ORBIMAGE carently perates asigle NGSO satelite, OrbView:3, Se File No. SAT—LOA—19980203— 00012; Call Sign $2348. Orbwiew3 currenly peratesan X—hand downlik in the 81154268 Mtz band Itcurenty operates tacking. telemeny, and contral (TT&C) uplink at 402,705—102.738 Mc an in the Sthand at 2092536—2092 664 MHs, and TT&C downlinks at 401,47—401.53 MHHz bands. > All TT&C and thepricipaldats downlink fo th OrbView—5 stelite wllbe performed at the Dulls, VA (E980375) and Barrow, AK. (E980376) ground sarions.

As Enter into a binding non—contingent contract to construct Orbview— by Junuary 9, 207. Complete the Critical Design Review of Orbview5 by January 9, 2008. oo# Begin the construction ofOrbview=5 by July 9, 2009. Launch and begin operations ofOrbview5 by July 9, 2010. 5 ORBIMAGE must file a bond with the Commission in the amount of t $5,000,000.00 pursuantto the procedures set forth in Public Notice, DA 03—2602, 18 FCC Red 16283 (2003), within 30 days of the date of this grant. Failure to meet any of these dates shall render this authorization null and void. 5. We GRANT ORIMAGE‘s request for waiver of the "default service rules," contained Section 25.217 (b) of the Commission‘s rules, which apply to satellite facilities that operate in frequency bands in which the Commission has yet to adopt service specific rules. Although the Commission has not adopted band specific service rules for EESS NGSO operations in the X—band, EESS X—band operators are required to comply with technical requirements in Part 2 ofthe Commission‘s rules," and the applicable ITU rules, We have previously found that these requirements are sufficient to prevent harmful interference in the X—band.? Accordingly, we decline to impose additional technical requirements on X—band operations and grant ORBIMAGE a waiver of Section 25.217(b) of the Commission rules. ‘This grant is consistent with previous Commission decisions granting of waivers of the default service rulesin Section 25.217(b) ofthe Commission‘s rules to NGSO EESS system licensees.° 6. We GRANT ORBIMAGE‘s request for waiver of Sections 25.156 and 25.157 of the Commission‘s rules, to the extent necessary, to enable the Bureau to consider its EESS application on a first—come, frst—served basis as set forth in Section 25.158 of the Commission‘s rules. ORBIMAGE is requesting authorization for 220 megshertz of additional spectrum in the X—band for ts operations with ORBVIEW—S. Thus, without a waiver, a processing round would be required. Authorizing ORBIMAGE to operate Orbview$ in the additional spectrum will not preclude others from operating in the bands, and will not cause harmful interference to other ESS systems operating in the trc §$2.106, omote 258 * See DigialGlobe,In, Order and Authorizeion, DA 052540(II Bur, September 30,2005) (PizialGlobe Order) (watorizing DigtalGlobe to modify is EESS system lense t add 3 new remore— sensing stelites that wll operate in the 8025—8400 MHband); Spoce Imaging, LLC, Decluratory Order andduthorizaton, DA 05—1940 (it‘ But, July 6, 2008) (Space Imaging Order) (athoricing Space Imagingto modify s Norman OK, Earth Station lcense t add the ndianicensed remote—scnsing satelte, ResourccSat1,asa point o communication) * Space Imaging Orderat pars. 25. DigialGlobe Orderatpar. 15

bands. Consequently, we find there was no need to conduct a modified processing round for the requested spectrum and grant ORBIMAGE a waiver ofthe processing round requirement in Sections 25.156 and 25.157 ofthe Commission‘s rules. Our action here is consistent with Commission precedent in which we previously granted waivers ofthe modified processing round rules to NGSO EESS operators, where those operators requested additional spectrum for their proposed operations." * IT IS FURTHER ORDERED that, ORBIMAGE is afforded 30 days from release ofthis Order to decline this authorization as conditioned. Failure to respond within that period will constitute formal acceptance of the authorization as conditioned. 8. TT IS FURTHER ORDERED that, ORBIMAGE shall prepare the necessary information, as may be required, for submission to the Intemational Telecommunications Union (ITU) to initiate and complete the advance publication, international coordination, due diligence, and notification process ofthese space stations, in accordance with the ITU Radio Regulations. ORBIMAGE shall be held responsible for all costrecovery fees associated with these ITU filings.. We also note that no protection from interference caused by radio stations authorized by other administrations is guaranteed unless coordination and notifieation procedures are timely completed or, with respect to individual administrations, by successfully completing coordination agreements. Any radio station authorization for which eoordination has not been completed may be subject to additional termsand conditions as required to effect coordination ofthe frequency assignments of other administrations. See 47 C.F.R § 25.111(b). 9. This Orderis issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective upon adoption. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.1 15 ofthe Commission‘s rules, 47 C.F.R. §§ 1.106, 1.115, may be fled within 30 days of the date of the Public Notice announcing that this action was taken. eat— moo— cSE 1—sco47 / cattSpn »_\\al0G §Z) eroteritent is es Nrem s /’ \lfilog éfi;\jlj C vfrov&Ners %te:a&’;m nen Chaie~ " See Space Inaging Ondet parns. —11; DigialGlobe Order t paas. 68.

9—16. Name of Contact Represcntative Name: Willam S.Carnell Phone Number: 202—627—2200 Company: Latham & Watkins Fax Number: 202—637—2201 Streets 555 Eleventh StNW g—Mai william.camell@sccom Suite 1000 City: Washington State: nc Countrys USA Zipeode: 20004—1304 Attention: Relationship: Legal Counsel CLASSIFICATION OF FILING 17. Choose the button nextt the classfiationthat applics to thisfilig for (N/A) b1. Application for License of New Station loth questionsa. and b. Choose only one (N/A) b2. Application for Registration of New Domestic Receive—Only Sttion for 17a and only one for176. (N/A) b3. Amendment to Pending Application @ (N/A) b4. Modifcation of License or Registration a1. Earth Sttion 65. Assignment of License or Repistration @ 12. Space Station 6. Transfer ofControl f License or Renistrtion & (NA) b7. Notifieation ofMinor Modiication (N/A) b%. Application for License of New Receive—Only Station Using Non—U.S. Licensed Suclite (N/A) b9. Letter ofIntent to Use Non—U.3. Licensed Satelteto Provide Servic in the United States @& (NA) b10. Other (Please specify)

1. Is fee submited with thi application? @ 1¥es, complete and attach PC Form 159. IfNo,indi te reason for fee exemption (see 47 C.ER.Section 1.1114) > Governmental Entity qy Noncommercial educational licensce @ Otherfplease explain: 174 Fee Classification CGW — Space Station Modificat Gieostationary) 18 Ifthisfiling is in reference to an 19. Ifthis filing is an amendiment t a pending application enter both feldsifthis fling is a existing station, enter: modification please enteronly tfile number: (a) Call sign of station: (a) Date pending appliation was filed (b) File number: S2348 sation 1998020300012

TYPE OF SERVICE 20. NATURE OF SERVICE: This filing i for an authorization to provide oruse the fllowing type(s) ofservice(s): Sclect all hatapply: [C]a Fixed Satelite C]b. Mobile Satelite [C] ©Radiodetermination Satete [g] 4. arth Exploration Satelite [C]© Direst to Home Fixed Satete [C] ¢ Disital Audio Radio Service [—]# Other (please specify) 21. STATUS: Choose the button next tothe applicablestatus. Choose 122. If earthstation applicant, check alltht apply only one. [7] Using U.S. lcensed stelltes g Common Carrier @p Non—Common Carrier [C] Using Non—U.S. licensed suteites 23. IFapplicant is providng INTERNATIONAL COMNMON CARRIER service, seinstrutions regarding Sec, 214 flings. Choose one. Are these facliies: > Connected to a Public Switched Network gy Not connected to a Public Switched Nemwork @ N/A 24. FREQUENCY BAND(®): Place an ‘X" in the box(es) next t allapplicable frequency bands. [C]#.C—Band @6 Gite). Jb Ki—Band (12/4 GHle) J€] ©Other (Please specify upper and lower frequencies in MH7) Frequeney Lower: 8025 Frequency Upper: 8395 (Please specify additional requencies in anattachment

TVPE OF STATION 25. CLASS OF STATION: Choose the button nexttoth class ofsation tht applics. Choose only one @ a Fixed Eath Station @ b. Temporiy—Fixed Earth Station @ 6 12/14 GHz VSAT Network > 4. Mobile Earth Sution ) c Gcostationary Space Station @ © Non—Gcostiionary Space Station > 1. Other (please specify) 26. TVPE OF EARTH STATION FACILITY: > Transimit/Receive gy Transmit—Only qy Receive—Only @ NA "For Space St ion applications, slect N/A."

PURPOSE OF MODIFICATION 27. The purpose ofthis proposed modificati is to: (Place an *X in the box(es) next t all tat apply.) [K] a — authorization to add new emission desinator and related service [C] b authorization to change emission designator and related service ¥] c authorization to increase EIRP and EIRP density [] 4 authorization to replace anterna [C] e authorization to add antenna [C] {— authorizationto relocate fixed station J#—autorie n to change frequency(ies) [¥ h authorization to add frequeney [C] i authorization to add Points ofCommunication (satellites & countics) [C]i authorization t change Points ofCommuniation (satelites damp; counties) k— authorization for faclities for which environmental assessment and radiaton hazard reporting is required [C] ) —authorization to change of ocation [C] m —authorization to perform flect management [C] n —authoriationto extend milestones [E 0 — Other (Please specify)

ENVIRONMENTAL POLICY 28. Would a Commission grant ofany proposalin this application or amendment have asignifieant environmental gy Yes @ No impact as defined by 47 CFR 1.1307? IFYES, submitthe statement as required by Sections 1.1308 and 1.1311 of the Commission‘s miles, 47 C.ER, 1.1308 and 1.1311, as an exhibittothis applicationA Radiation Hazard Study Exhibic3 must accompny all appliations for new trinsmitingfiltes, major modifications,or major amendments ALIEN OWNERSHIP Earth station applicants not proposing to provide broadeast, common carrier, aeronautical en route o aeronauticalfixed radio station services are not required to respond to Ttems 30—34. 29. s the applicanta foreign goverment or the represcntative of any foreign government? 0 6 @ N o NA 30. s the applicant an alien or the reprosentative oan alien? 0 Y o No @ NA 31. Is the applicanta corporation ormanized under the laws of any foreign govemment? 0 Y o N @ NA 32. Is the applicanta corporation ofwhich more thin one—fih othe eapital stock is owned of record or voted by qy ¥es gy No @ N/A aliens or their representatives or by foreign govermment or representative thereororby any corporation organized under the laws ofa foreign country?

33. Is the applicanta comporation diretly or indirectly controlled by any other corporation ofwhich more than 0 s o N @ NA one—fourth ofthe capital stock is owned ofresord or voted by aliens,thei representatives, or by foreizn goverment orepresentativ thereoforby any corporation ortanized under the laws ofa foreign country? 34, Ifany answer to questions 29, 30, 31, 32 and/or33 is Yesattach as an exhibit an identifation ofthe aliens or Exhibit4 forcign entities, their nationality, theirrelationship to the applicant,and the percentage ofstock they own or vore. BASIC QUALIFICATIONS 35, Does the Applicant request any waivers or exemptions from any of he Commission‘s Rules? evs oN 1f¥es, attach as an exhibi, copies othe requestsfor waivers or exeeptons with supporting documents. Exhibit5 36. Has the applicant or any partytothis appliation or amendment had any FCC sttion authorization orliense o eN revoked or had any application for an inital, modification or renewal of FCC station authorization, license, or construction permit denied by the Commission? If¥es, attach as an exhibt, an explinationof circumstances Exhibit 6

37. Has the applicant, oany party to this application or amendiment,orany party directly oindirecly controlling ovs ew the applicant ever beenconvicted ofa felony by any state or ederal court?IfYes, attach as an exhibit, an explination ofcircumstances. Exhibit7 38, Has any court fnally adjudged the applicant, or any person dirccly oindirectly contrllingthe applicant, ovs oN guilty of untawfully monopolizing oattemptiing untawfuly to monopolize radio communication, drectly or indirectly, trough control of manufacture or sale of radio apparatus, exclusivetrificaringement or any other means or unfiir methods ofcompetition?IfYes,attach as an exhibt, an explanation of circumstances 39.Isthe applicant, or any person dircctly or indirectly contraling the applicant, currenty a part any pending ovs eN matter refered to in the preceding two items? Ifyes, atach as an exhi , an explanation of the circumstances 40. fthe applicant is a corporation and is applying for a space station license, attich as an exhibit he names, address, and citizenship ofthose stockholders owning a record and/or voting 10 percent or more ofthe Filer‘s voting stock and the percentages so held. Inthe case of Aiduciary control,indicate the beneficiary(ics) or class of beneficiaries, Also is the names and addresses of the oficers and directors of he Filer

41. By checking Yes, the undersigned certifis, that neither aplicant nor any other party to the appliation is e*s oN subjectto a denialoRederal beneftsthatincludes FCC benefits pursuant to Section 5301 ofthe Anti~Drug Act of 1988,21 U.S.C. Section 862, because oa comviction for possessionor distibution of a contralled substance. See 47 CFR 1.2002(b)for the meaning of&quotpart to theapplicationquot;forthese purposes 42a. Does the appliant ntend to use a non—U.S.liensed satellteto provide servicein the United States? f¥os ovs @N answer 42b and attach an exhibit providing thinformation specified in 47 C.ER, 25.137,asappropriate. If No, proceed to question 43. 42. What administration has licensed or s n the process oflicensingthe space station? f no license willbe issued, what administration has coortinated oris in the process ofcoordinating the space station? 43. Description.(Summarize the nature othe appliation and the services t be provided),_ (If the complete description docs not appearin this lbox,please go to the end of the form to view it in ts entiety) This application, is a request for authorization to medify Space Station license call sign 82348, under which a single NGSO satellite is currently operated, to include an additional commercial remote sensing satellite planned for launch Feb 15, 2007. ExtibicT 10

CERTIFICATION (The Applicant waives any claim to the use of any partcular frequency orothe electromagnctic spectrum as againstthe regulatory power ofthe United States because ofthe previous use othe same, whether by license or otherwise, anrequests an authorization in accordance with this lappliation. The applicant certfesthat grant ofthis application would not cause the applicant to be in violation ofthe spectrum agaregation limit in 47 CFR Part 20. Allsatements made in exhibis are a materil part hereof and are incorporated herein asif set out in fllin this application. (The undersigned, individually and for the applicant, hereby certfies that all sttements made in this applicationand in allattached exhibits are iuc, complete and correct to the best ohis or her knowledzeand belie, and are made in good fith. (£4.Applicant is a (an): (Choose the button next to applicable response.) g Individual g Unincomorated Association g Partmership @ Comoration g Governmental Entity g Oter (please spcify) [45. NameofPerson Sizning 46. Tiof Person Signing Williom L. Warren (General Counset ss WILLEUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (US. Code, Titl 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Te 47, Section 312(a)(1)), AND/OR FORFETTURE (US. Code, Titl 47, Section 503). 1

ECC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT "The public reporting forthi calletion ofinformation is esimated t average 2 hours perresponse, including thetime for reviewing instructions, searching existing data sources, athering and maintaining the required data,and completing and reviewing the collction oinformation. Ifyou have any comments on this burden estimate, or how we can improve the collection and reduc the burden it causes you, please write to the Federal Communications Commission, AMD—PERM, Paperwork Reduction Project (3060—0678), Washington, DC 20554, We willalso accept your comments regarding the Paperwork Reduction Act aspects of this collection viathe Intemc ifyou send themto boley@fec.gov. PLEASE o NOT SEND COMPLETED FORMS To THIS ADDRESS Remember ~ You are not required t respond to a collection ofinformation sponsored by the Federal govermment,and the government may not conduct or sponsor this callection, unless t displays a curently valid OMB control number orifwe fail to provide you with this notice.. This collection has been assigned an OMB control number of 3060—0678. TiE FOREGOING NOTICE 1 REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 10+—13, OcroBER 1, 1995, 44 U.S.C. SECTION 3807


Document Created: 2006-01-09 17:56:54
Document Modified: 2006-01-09 17:56:54
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