Attachment grant

This document pretains to SAT-AMD-20090331-00039 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2009033100039_720706

See also 1B2009000892 File # sRT— AMb— 20030331— 06039 Spr—Laoj— 22081223 00238 $2756 SAT—AMD—20090331—00039 New Skies Satellites B.V. Call Sign S2.75(@_ Grant Date o7/o/o0$_ (or other identifier) Torm Dates Approved by OMB 3060—0678 _Sgig)Duall From_____ _ TB enrerr GRANTED* Date & Time Filed: Mar 31 2009 2:54:47:473PM International Bureau Approved: Duq” File Number: SAT—AMD—20090331—00039 *E sub, ed +0 condifions Chse? Pohcj Granch FCC APPLICATION FOR SPACE AND EARTH STATION:MOD OR AMD — MAIN FORM FCC Use Only FCC 312 MAIN FORM FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: AMD — NSS—9 — minor frequency alteration 1—8. Legal Name ofApplicant Name: New Skies Satellites B.V. Phone Number: 202—478—7183 DBA Fax Number: 202—478—7101 Name: Street: 2001 L Street, NW E—Mail: Suite 800 City: Washington State: DC Country: USA Zipcode: 20036 Attention: Ms Joslyn Read

Attachment — IBFS File No. SAT—LOI—20081223—00238; SAT—AMD—20090331—00039 Call Sign $2756 July 1, 2009 The petition for Declaratory Ruling filed by New Skies Satellites, B.V. (New Skies), IBFS File No. SAT—LOI—20081223—00238 as amended by SAT—AMD—20090331—00039, is GRANTED. Accordingly, New Skies is granted access to the U.S. market to provide Fixed—Satellite Service via the NSS—9 space station (Call Sign $2756), licensed by the Netherlands, at the 177° W.L. orbital location using the extended C—band frequencies of 3625—3700 MHz (space—to—Earth) and 5850—5925 MHz (Earth—to—space). These operations must be in accordance with the terms, conditions and technical specifications set forth in New Skies‘ Petition for Declaratory Ruling, the Commission‘s rules not waived herein, and the following conditions. 1. NSS—9 is not authorized to provide any Direct—to—Home (DTH) service, Direct Broadcast Satellite (DBS) service, or Digital Audio Radio Service (DARS) to, from, or within the United States. 2. Communications between U.S.—licensed earth stations and the NSS—9 space station shall be in compliance with all existing and future space station coordination agreements reached between the Netherlands and other administrations. 3. Earth station operators seeking to access NSS—9 to provide extended C—band services may do so only after obtaining an earth station license that includes the NSS—9 space station using the extended C—band frequencies as an authorized point of communication, or after modifying an existing earth station license to add the NSS—9 space station using the extended C— band frequencies as an authorized point of communication. 4. Use of the 3625—3700 MHz frequency band shall comply with the terms of footnotes US245 and NG185 to the U.S. Table of Frequency Allocations, 47 C.F.R. § 2.106, US245, NG185, and Section 2.108 of the Commission‘s rules, 47 C.F.R. § 2.108, which limit the use of these frequencies to international, intercontinental satellite systems, subject to case—by— case electromagnetic compatibility analysis with all users of the band. 5. Use of the 5850—5925 MHz frequency band shall comply with the terms of Footnote US245 to the U.S. Table of Frequency Allocations, 47 C.F.R. § 2.106, US245, and Section 2.108 of the Commission‘s rules, 47 C.F.R. § 2.108, which limit the use of these frequencies to international, intercontinental satellite systems, subject to case—by—case electromagnetic compatibility analysis with all users of the band. 6. New Skies‘ request for waiver of Section 25.210(a)(1) of the Commission‘s rules, 47 C.F.R. 25.210(a)(1) is GRANTED as conditioned. Section 25.210(a)(1) requires that C—band operations use orthogonal linear polarization. New Skies employs circular polarization. This waiver grant is based upon findings that there is currently no potential for harmful interference from operations at this location with circular polarization, and that there would be an undue hardship to customers if they were required to reconfigure existing circularly—polarized antennas to operate with linear polarization. As a condition of this waiver, New Skies must accommodate future space station networks that are compliant with Section 25.210(a)(1). Further, New Skies

must operate NSS—9 pursuant to any existing or future coordination agreements for this location. 7. New Skies‘ request for waiver of Section 25.210(a)(3) of the Commission‘s rules, 47 C.F.R. 25.210(a)(3) is GRANTED as conditioned. Section 25.210(a)(3) requires FSS space stations using the C—band to be capable of switching polarization sense upon ground command. The Commission requires polarity—switching capability for two reasons: 1) to provide U.S.— licensed space stations with the flexibility to operate at different orbital locations, and (2) to mitigate potential interference between adjacent fixed space station systems transmitting analog television signals. Telesat Canada; Petition for Declaratory Ruling for of Inclusion of ANIK F3 on the Permitted Space Station List, Order, 22 FCC Red 588 (para. 10) (Int‘l Bur., Sat. Div. 2007). This waiver grant is based upon a finding that the ability to switch polarization is not currently necessary to protect other space stations at adjacent orbital locations from harmful interference, because the NSS—9 space station‘s operations will be in compliance with existing coordination agreements. As a condition of granting this waiver, New Skies must accommodate future space station networks that are compliant with Section 25.210(a)(3). Further, New Skies must operate NSS—9 pursuant to any existing or future coordination agreements for this location. 8. New Skies‘ request for waiver of Section 25.211(a) of the Commission‘s rules, 47 C.F.R. 25.211(a), IS GRANTED. Section 25.211(a) provides that downlink analog video transmissions in the C—band shall be transmitted only on a center frequency of 3700+20N MHz, where N=1 to 24, with corresponding uplink frequencies 2225 MHz higher. This waiver grant is based upon findings that New Skies designed the NSS—9 space station using the same analog TV center frequencies traditionally used by Intelsat space stations and legacy customers now using New Skies‘ space stations, that existing analog video operations at the 177° W.L. orbital location are fully coordinated and will not cause interference to adjacent space station operators, and that NSS—9 will, over time, shift to digital transmissions that are not subject to this rule. We grant this waiver on the condition that New Skies must accommodate future space station networks serving the United States that are compliant with Section 25.210(a)(3). Further, New Skies must operate NSS—9 pursuant to any existing or future coordination agreements for this location. 9. With respect to the waivers granted above, in the absence of a continuing operator—to—operator coordination agreement, operations of NSS—9 at the 177° W.L. orbital location in the 3625—3700 MHz and 5850—5925 MHz bands will be on a non—harmful interference basis (F.e., New Skies shall not cause harmful interference to, and shall not claim protection from interference caused to it by, any other lawfully operating radiocommunication system) until a future operator—to—operator agreement is concluded. 10. This action is taken pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective immediately. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission‘s rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days of the date of the ublic notice indicating that this action was taken. $ public E SBT—LOIT— 200812 23— CO236 ——71 ...\ y SBT—AMD— 20099 33]— 400393 | s 0| ' It Sigt 5_2_._—15@ Grant Date 07/01/03 ;". | (or on | her identifier) Term Dates yrept | ""— id Pull To: => ‘V,F?O;\SJ N. Dua\l 4. sob\)ed”\o concut CNe f pollCt\ Branch

9—16. Name of Contact Representative Name: William M. Wiltshire Phone Number: 202—730—1350 Company: Harris, Wiltshire & Grannis LLP__ Fax Number: ©202—730—1301 Street: 1200 18th Street E—Mail: wwiltshire@harriswiltshire.com City: Washington State: DC Country: USA Zipcode: 20036— Attention: William M. Wiltshire Relationship: Legal Counsel CLASSIFICATION OF FILING 17. Choose the button next to the classification that applies to this filing for (N/A) b1. Application for License of New Station both questions a. and b. Choose only one (N/A) b2. Application for Registration of New Domestic Receive—Only Station for 17a and only one for 17b. @ b>. Amendment to a Pending Application «4 b4. Modification of License or Registration C al. Earth Station b5. Assignment of License or Registration ; a2. Space Station b6. Transfer of Control of License or Registration 3 b7. Notification of Minor Modification (N/A) b8. Application for License of New Receive—Only Station Using Non—U.S. Licensed Satellite (N/A) b9. Letter of Intent to Use Non—U.S. Licensed Satellite to Provide Service in the United States (N/A) b10. Other (Please specify) (N/A) b11. Application for Earth Station to Access a Non—U.S.satellite Not Currently Authorized to Provide the Proposed Service in the Proposed Frequencies in the United States (N/A) b12. Application for Database Entry g34 b13. Amendment to a Pending Database Entry Application (al b14. Modification of Database Entry

17¢. Is a fee submitted with this application? J IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). ol Governmental Entity C Noncommercial educational licensee @ Other(please explain): Amendments to LOI applications are not covered by the fee schedule 17d. Fee Classification CWY — Space Station Amendment(Geostationary) 18. If this filing is in reference to an 19. If this filing is an amendment to a pending application enter both fields, if this filing is a existing station, enter: modification please enter only the file number: (a) Call sign of station: (a) Date pending application was filed: (b) File number: $2756 12/23/2008 SATLOI2008122300238

TYPE OF SERVICE 20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Select all that apply: E a. Fixed Satellite D b. Mobile Satellite D c. Radiodetermination Satellite D d. Earth Exploration Satellite D e. Direct to Home Fixed Satellite D £. Digital Audio Radio Service D g. Other (please specify) 21. STATUS: Choose the button next to the applicable status. Choose |22. If earth station applicant, check all that apply. only one. D Using U.S. licensed satellites 3 Common Carrier @ Non—Common Carrier D Using Non—U.S. licensed satellites 23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one. Are these facilities: 34 Connected to a Public Switched Network g*y Not connected to a Public Switched Network @4 N/A 24. FREQUENCY BAND(S): Place an ‘X" in the box(es) next to all applicable frequency band(s). D a. C—Band (4/6 GHz) D b. Ku—Band (12/14 GHz) E c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: 3625 Frequency Upper: 5925 (Please specify additional frequencies in an attachment)

TYPE OF STATION 25. CLASS OF STATION: Choose the button next to the class ofstation that applies. Choose only one. {4 a. Fixed Earth Station g3 b. Temporary—Fixed Earth Station {3 c. 12/14 GHz VSAT Network ¢74 d. Mobile Earth Station @ c Geostationary Space Station (a £f. Non—Geostationary Space Station «4 g. Other (please specify) 26. TYPE OF EARTH STATION FACILITY: 3 Transmit/Receive f4 Transmit—Only f*y Receive—Only @ N/A "For Space Station applications, select N/A."

PURPOSE OF MODIFICATION 27. The purpose of this proposed modification is to: (Place an °‘X" in the box(es) next to all that apply.) D a —— authorization to add new emission designator and related service D b — authorization to change emission designator and related service [:] c —— authorization to increase EIRP and EIRP density D d —— authorization to replace antenna D e —— authorization to add antenna D f— authorization to relocate fixed station D g —— authorization to change frequency(ies) D h —— authorization to add frequency D i —— authorization to add Points of Communication (satellites & countries) D j —— authorization to change Points of Communication (satellites & countries) k —— authorization for facilities for which environmental assessment and radiation hazard reporting is required D 1—— authorization to change orbit location D m —— authorization to perform fleet management D n —— authorization to extend milestones E o —— Other (Please specify)

ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental 3 Yes @ No impact as defined by 47 CFR 1.13077? IfYES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission‘s rules, 47 C.F.R. 1.1308 and 1.1311, as an exhibit to this application.A Radiation Hazard Study must accompany all applications for new transmitting facilities, major modifications, or major amendments. ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or acronautical fixed radio station services are not required to respond to Items 30—34. 29. Is the applicant a foreign government or the representative of any foreign government? ; Yes @ No 30. Is the applicant an alien or the representative of an alien? @ Yes ; No g4 N/A 31. Is the applicant a corporation organized under the laws of any foreign government? @ Yes C» No C) N/A 32. Is the applicant a corporation of which more than one—fifth of the capital stock is owned of record or voted by @ Yes ; No & N/A aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country?

33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than & Yss q N N/A one—fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? 34. If any answer to questions 29, 30, 31, 32 and/or 33 is Yes, attach as an exhibit an identification of the aliens or foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote. BASIC QUALIFICATIONS 35. Does the Applicant request any waivers or exemptions from any of the Commission‘s Rules? 4 Yes @ No IfYes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents. 36. Has the applicant or any party to this application or amendment had any FCC station authorization or license y Yes «& No revoked or had any application for an initial, modification or renewal of FCC station authorization, license, or construction permit denied by the Commission? IfYes, attach as an exhibit, an explination of circumstances.

37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling .O Yes @No the applicant ever been convicted of a felony by any state or federal court? IfYes, attach as an exhibit, an explination of circumstances. 38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant, C Yes @.No guilty of unlawfully monopolizing or attemptiing unlawfully to monopolize radio communication, directly or indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement or any other means or unfair methods of competition?IfYes, attach as an exhibit, an explanation of circumstances 39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending C Yes .@.No matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances. 40. If the applicant is a corporation and is applying for a space station license, attach as an exhibit the names, address, and citizenship of those stockholders owning a record and/or voting 10 percent or more of the Filer‘s voting stock and the percentages so held. In the case of fiduciary control, indicate the beneficiary(ies) or class of beneficiaries. Also list the names and addresses of the officers and directors of the Filer.

41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is @ Yes y No subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act of 1988, 21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. See 47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes. 42a. Does the applicant intend to use a non—U.S. licensed satellite to provide service in the United States? IfYes, @ Yes gy No answer 42b and attach an exhibit providing the information specified in 47 C.F.R. 25.137, as appropriate. If No, proceed to question 43. 42b. What administration has licensed or is in the process of licensing the space station? If no license will be issued, what administration has coordinated or is in the process of coordinating the space station?The Netherlands 43. Description. (Summarize the nature of the application and the services to be provided). (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) See Narrative Exhibit. Narrative Exhibit 10

43a. Geographic Service Rule Certification @ A By selecting A, the undersigned certifies that the applicant is not subject to the geographic service or geographic coverage requirements specified in 47 C.F.R. Part 25. 3 B By selecting B, the undersigned certifies that the applicant is subject to the geographic service or geographic coverage requirements specified in 47 C.F.R. Part 25 and will comply with such requirements. «y C By selecting C, the undersigned certifies that the applicant is subject to the geographic service or geographic coverage requirements specified in 47 C.F.R. Part 25 and will not comply with such requirements because it is not feasible as a technical matter to do so, or that, while technically feasible, such services would require so many compromises in satellite design and operation as to make it economically unreasonable. A narrative description and technical analysis demonstrating this claim are attached. CERTIFICATION The Applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this application. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit in 47 CFR Part 20. All statements made in exhibits are a material part hereof and are incorporated herein as if set out in full in this application. The undersigned, individually and for the applicant, hereby certifies that all statements made in this application and in all attached exhibits are true, complete and correct to the best of his or her knowledge and belief, and are made in good faith. 11

44. Applicant is a (an): (Choose the button next to applicable response.) C Individual (ad Unincorporated Association «74 Partnership ggy Corporation C3 Governmental Entity q33 Other (please specify) 45. Name of Person Signing 46. Title of Person Signing Thai E. Rubin General Counsel ——> WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). 12

FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. If you have any comments on this burden estimate, or how we can improve the collection and reduce the burden it causes you, please write to the Federal Communications Commission, AMD—PERM, Paperwork Reduction Project (3060—0678), Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects of this collection via the Internet if you send them to jboley@fcee.gov. PLEASE DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember — You are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060—0678. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507. 13


Document Created: 2019-04-18 09:11:39
Document Modified: 2019-04-18 09:11:39
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