Attachment ORBCOMM - Grant Dece

ORBCOMM - Grant Dece

DECISION submitted by IB,FCC

Grant

2015-12-17

This document pretains to SAT-AMD-20150420-00027 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2015042000027_1119022

$2103 SAT—AMD—20150420—00027 182015000736 | File#_SBT—BNp— 20is0tH20 —Cco77 (see also ORBCOMM License Corp. ORBCOMM GENERATION 2 Sht—MoD—261l102}— dory Call Sign 32|3 GrantDate_ 12/17/15 ° / (or other identifier) Term Dates Approved by OMB To: 3060—0678 From 12717715 Date & Time Filed: Apr 20 2015 3:29:50:366PM maln Bureau emational Bureaiu Approved: 8 File Number: SAT—AMD—20150420—00027 * uofh cond{itions eppgn 3. 1 Chiet, Sqi-ell?;(éo\isj Bfan()) 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: Space Segment LIC ModApp AMD4 — Add New Feeder Downlink Channel 1—8. Legal Name of Applicant Name: ORBCOMM License Corp. Phone Number: 585—461—3018 DBA Fax Number: 585—461—3476 Name: Street: 395 West Passaic Street E—Mail: sonnenfeldt.walter@orbcomm.com Suite 325 City: Rochelle Park State: NJ Country: USA Zipcode: 07662 —3016 Attention: Walter H. Sonnenfeldt

ORBCOMM License Corp. IBFS File Nos. SAT—MOD—20111021—00207 and SAT—AMD—20150420—00027 Call Sign $2103 The application of ORBCOMM License Corp. (ORBCOMM), as amended, IBFS File Nos. SAT—MOD— 20111021—00207 and SAT—AMD—20150420—00027, to modify its authorization for a non—voice, non— geostationary mobile—satellite service (NVNG MSS) system IS GRANTED in part and DEFERRED in part. Specifically, we grant the request in IBFS File No. SAT—AMD—20150420—00027 for authority to operate a second 50 kHz feeder downlink channel, centered at 137.4 MHz, with all authorized space stations in the ORBCOMM system. We defer action on ORBCOMM‘s remaining request in IBFS File No. SAT—MOD—20111021—00207, as amended by IBFS File No. SAT—AMD—20130212—00020, for modification or waiver of the final milestone requirement in its authorization for next—generation satellites.‘ This authorization is subject to compliance with the terms, conditions, and technical specifications set forth in ORBCOMM‘s application, the Federal Communications Commission‘s rules not waived herein, and the following conditions: 1. Consistent with International Bureau precedent," we waive Sections 25.156(d)(1) and 25.157 of the Commission‘s rules, 47 C.F.R. §§ 25.156(d)(1), 25.157, on our own motion to permit consideration of ORBCOMM‘s request for assignment of the 137.4125—137.4225 MHz frequency band under the Commission‘s first—come, first—served application processing procedure, rather than under the processing round procedure.} 2. ORBCOMM must provide the Commission with the information required for appropriate advance publication, coordination, and notification of the 137.375—137.425 MHz frequency assignment pursuant to the Radio Regulations of the International Telecommunication Union. No protection from interference caused by radio stations authorized by other Administrations is guaranteed unless ITU procedures are timely completed or, with respect to individual Administrations, coordination agreements are successfully completed. This authorization may be subject to additional terms and conditions required for coordination of the frequency assignment with other Administrations. See 47 C.F.R. § 25.111(b). \ See Applications by Orbcomm License Corp. for Authority to Modify its Non—Voice, Non—Geostationary Satellite System, Order and Authorization, DA 08—633, 23 FCC Red 4804, 4813, [ 23 (IB and OET 2008) (Next Generation License). This grant is without prejudice to any decision on that request. 2 See, eg., Policy Branch Information, Actions Taken, Public Notice, DA 05—3278, 20 FCC Red 20273 (rel. Dec. 22, 2005) (announcing the availability of NVNG MSS spectrum to new applicants under the first—come, first—served processing procedure); Policy Branch Information, Spectrum Available, Public Notice, DA 04—791, 19 FCC Red 5368 (rel. Mar. 25, 2004) (same). 3 See 47 C.F.R. § 25.158. Within the 137.375—137.425 MHz frequency band requested by ORBCOMM, the 137.375—137.4125 MHz band was assigned to System 2 (Final Analysis Communication Services, Inc.) in the second NVNG MSS processing round. See Amendment ofPart 25 ofthe Commission‘s Rules to Establish Rules and Policies Pertaining to the Second Processing Round ofthe Non—Voice, Non—Geostationary Mobile Satellite Service, Report and Order, IB Docket No. 96—220, FCC 97—370, 13 FCC Red 9111, « 34 (1997) (Second Processing Round Order). It has been made available to NVNG MSS applicants under the first—come, first—served application processing procedure. See Final Analysis Communication Services, Inc., Authorization to Construct, Launch and Operate a Non—Voice, Non—Geostationary Mobile Satellite System in the 148—150.5 MHz, 400.15—401 MHz, and 137— 138 MHz Bands, Memorandum Opinion and Order, DA 04—727, 19 FCC Red 4768, 4786, 48 (IB 2004); Policy Branch Information, Spectrum Available, Public Notice, DA 04—732, 19 FCC Red 4804 (rel. Mar. 17, 2004). The 137.4225—137.425 MHz segment is already assigned to ORBCOMM. See Second Processing Round Order, 13 FCC Red 9111, [ 43; Application of Orbital Communications Corporation for Modification ofIts Authorization to Construct, Launch and Operate a Non—Voice, Non—Geostationary Mobile—Satellite System in the 137—138, 148— 150.05, and 400.15—401 MHz Frequency Bands, Order and Authorization, DA 98—617, 13 FCC Red 10828, 10836, « 18; Next Generation License, 23 FCC Red at 4813, € 23a.

ORBCOMM License Corp. IBFS File Nos. SAT—MOD—20111021—00207 and SAT—AMD—20150420—00027 Call Sign $2103 3. ORBCOMM is afforded 30 days from the date of this action to decline this grant, as conditioned. Failure to respond within this period will constitute formal acceptance of the grant, as conditioned. 4. This action is taken pursuantto 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 public notice indicating that this action was taken. File # SBT— AMD— 2015 0420 —O062 1 Call Sign 82103 GrantDate_{2.//7 /15 (or other identifier) Term Dates crantep» *40245 )19 tional Buteau Approved: *coithcoreldions IF. Duall Satellite Policy Branch ** Action on SBT—MoD—Zaf| 1021—00207 [ss PeEFERRED + x

9—16. Name of Contact Representative Name: Walter H. Sonnmenfeldt, Vice Phone Number: 585—461—3018 President Regulatory Affairs Company: ORBCOMM Inc. Fax Number: 585—461—3476 Street: 395 West Passaic Street E—Mail: sonnenfeldt.walter@orbcomm.com Suite 325 City: Rochelle Park State: NJ Country: USA Zipcode: 07662—3016 Attention: Relationship: CLASSIFICATION OF FILING

17. Choose the button next to the classification that applies to this filing for (N/A) b1. Application for License of NewStation both questions a. and b. Choose only one (N/A) b2. Application for Registration of NewDomestic Receive—Only Station for 17a and only one for 176. © b3. Amendment to a Pending Application C3 b4. Modification of License or Registration £4 al. Earth Station b5. Assignment of License or Registration & a2. Space Station b6. Transfer of Control of License or Registration. «34 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) b1 1. 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 g3 b13. Amendment to a Pending Database Entry Application C b14. Modification of Database Entry 17¢. Is a fee submitted with this application? & IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.FR.Section 1.1114). gy Governmental Entity 54 Noncommercial educational licensee 4 Other(please explain): 174. Fee Classification CAW — Space Station Amendment(Non— Geostationary) 4o

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 ofstation: (a) Date pending application was filed: (b) File number: $2103 10/21/2011 SATMOD2011102100207 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: D a. Fixed Satellite E b. Mobile Satellite D c. Radiodetermination Satellite D d. Earth Exploration Satellite E] 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 122. If earth station applicant, check all that apply. only one. E] Using U.S. licensed satellites C3 Common Carrier fol 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: g¢y Connected to a Public Switched Network g*% Not connected to a Public Switched Network @ 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) E] b. Ku—Band (12/14 GHz) E c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: 137 Frequency Upper: 401 (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. j a Fixed Earth Station g34 b. Temporary—Fixed Earth Station «y o. 12/14 GHz VSAT Network <3 d. Mobile Earth Station y & Geostationary Space Station @ f. Non—Geostationary Space Station y & Other (please specify) 26. TYPE OF EARTH STATION FACILITY: [e] Transmit/Receive 3 Transmit—Only 3 Receive—Only @ N/A "For Space Station applications, select N/A."

PURPOSE OF MODIFICATION 27. The purpose ofthis 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 D 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) E h ———authorization to add frequency D i —— authorization to add Points of Communication(satellites &amp; countries) D j —— authorization to change Points of Communication (satellites &amp; countries) k —— authorization for facilities for which environmental assessment and radiation hazard reporting is required D 1—— authorization to change orbit location [:] m —— authorization to perform fleet management D n —— authorization to extend milestones D o —— Other (Please specify)

ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental Yes g No impact as defined by 47 CFR 1.1307? IfYES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission‘s rules, 47 C.E.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 aeronautical 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? 1( Y3 ®@ No 30. Is the applicant an alien or the representative of an alien? 3 Yes @ No 4 N/A 31. Is the applicant a corporation organized underthe laws of any foreign governinent? 4 Yes @ No ;3 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 q3 Yes y No & N/A aliens or their representatives or by a foreign government or representative thereofor 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 y Yes g» No & N/A one—fourth of the capital stock is owned ofrecord or voted by aliens, their representatives, or by a foreign government or representative thereofor by any corporation organized under the laws ofa foreign country? 34. If any answerto 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 ownor vote. BASIC QUALIFICATIONS 35. Does the Applicant request any waivers or exemptions from any ofthe Commission‘s Rules? 3 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 orlicense 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? If Yes, 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 e RG @No the applicant ever been convicted ofa felony by anystate 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, «4 Yes |@.I\(o 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 4 Yes @.No matter referred to in the preceding two items? If yes, attach as anexhinit, an explanation ofthe circumstances. 40. Ifthe applicant is a corporation and is applying for a space station license, attach as an exhibit the names, address, and citizenship ofthose 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 Ownership Exhibit beneficiaries. Also list the names andaddresses 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 ofthe Anti—Drug Act of 1988, 21 U.S.C. Section 862, because ofa conviction for possession ordistribution ofa controlled substance. See 47 CFR 1.2002(b) for the meaning of &quot;party to the application&quot; for these purposes. 42a. Does the applicant intend to use a non—U.S. licensed satellite to provide service in the United States? If Yes, C Yes @ No answer 42b and attach an exhibit providing the information specified in 47 C.ER. 25.137, as appropriate. If No, proceed to question 43. 42b. What administration has licensed oris in the process oflicensing the space station? If no license will be issued, what administration has coordinated oris in the process ofcoordinating the space station? 43. Description. (Summarize the nature of the application and the services to be provided). (If the complete description does not appearin this box, please go to the end of the form to view it in its entirety.) Space Seqgment License Modification Application Amendment adding request to authorize a second 50 kHz feeder downlink channel for use by all ORBCOMM satellites. Narrative Exhibit

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. y B By selecting B, the undersigned certifies that the applicant is subject to the geographic service or geographic coverage requirements specified in 47 C.ER. Part 25 and will comply with such requirements. i C By selecting C, the undersigned certifies that the applicant is subject to the geographic service or geographic coverage requirements specified in 47 C.ER. 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 ofany particular frequency or ofthe 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 ofthis application would not cause the applicant to be in violation ofthe spectrum aggregation limit in 47 CFR Part 20. All statements made in exhibits are a material part hereof and are incorporated herein as ifset 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 ofhis 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 «y Unincorporated Association 3 Partnership ) Corporation {3 Governmental Entity C Other {please specify) 45. Name of Person Signing 46. Title of Person Signing Marc J. Eisenberg Chief Executive Officer Lllty ts 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).

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 ofinformation. 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 PRA@fce.gov. PLEASE DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember — You are not required to respondto a collection of information sponsored by the Federal government, and the government maynot conduct or sponsorthis collection, unless it displays a currently valid OMB control numberor 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 LAW104—13, OCTOBER 1, 1995, 44 U.S8.C. SECTION 3507. 13

Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Application of ) ) File No. SAT—MOD—20111021—00207 ORBCOMM License Corp. ) File No. SAT—AMD—20130212—00020 ) For Authority to Modify its Non—Voice, Non— ) File No. SAT—AMD—2015 Geostationary Satellite Service Space ) Segment License (82103) to Revise the Next— ) Generation Satellite Deployment Plan ) NARRATIVE EXHIBIT By this submission (the "Fourth Amendment"), ORBCOMM License Corp. ("ORBCOMM") further amends the above—captioned application to modify its Non—Voice, Non— Geostationary ("NVNG") Satellite Service FCC space segment license (the "Modification Application").‘ Specifically, to the extent necessary, this Fourth Amendment respectfully requests Commission authorization to add a second 50 kHz feeder downlink channel centered at 1 See, FCC Call Sign S2103. See, also, In the Matter ofApplications by ORBCOMM License Corp. For Authority to Modify its Non—Voice, Non—Geostationary Satellite System, Order & Authorization, DA 08—633 (March 21, 2008), 23 FCC Red 4804 (2008) (the "Next—Generation Space Segment License"). Modification Application, File No. SAT—MOD—20111021—00207, FCC Public Notice, Report No. SAT—O00825, released December2, 2011. In addition to the request set forth in this Fourth Amendment, ORBCOMM‘s February 12, 2013, request for waiver or modification ofthe final Next—Generation Space Segment License milestone is the only other Modification Application request that currently remains pending before the Commission. See, Modification Application Further Amendment & Supplement, File No. SAT— AMD—20130212—00020, FCC Public Notice, Report No. SAT—00933, released March 1, 2013. See, also, Stamp Grant, Slip Op., File Nos. SAT—MOD—20111021—00207 & SAT—AMD— 20140116—00006, FCC International Bureau, Satellite Division, Satellite Policy Branch, March 26, 2014, FCC Public Notice, Report No. SAT—01006, released March 28, 2014; Stamp Grant, Slip Op., File Nos. SAT—MOD—20111021—00207 & SAT—AMD—20140116—00006, FCC International Bureau, Satellite Division, Satellite Policy Branch, May 23, 2014; and Stamp Grant, Slip Op., File Nos. SAT—MOD—20111021—00207, SAT—AMD—20120809—00125 & SAT— AMD—20130212—00020, FCC International Bureau, Satellite Division, Satellite Policy Branch, September 18, 2014, FCC Public Notice, Report No. SAT—O01042, released September 19, 2014.

_3 .— 137.4 MHz to the curreatly authorized ORBCOMM feeder link frequency plan. The additional feeder downlink channel is requested to facilitate expanded backhaul throughput capacity and coverage for the ORBCOMM NVNG satellite constellation to support increasing message traffic flow. The new additional feeder downlink channel will be made available for use by all ORBCOMM satellites authorized under FCC Call Sign S2103. All technical parameters for operations on the requested additional feeder downlink channel will be identical to those currently authorized for operations on the existing ORBCOMM 50 kHz feeder downlink channel centered at 137.56 MHz. ORBCOMM‘s search of the Commission‘s records reveals no existing assignments in the 137 — 138 MHz band frequency allocation block that could result in harmful interference to any other Commission licensee from ORBCOMM‘s proposed new feeder downlink channel assignment. Additionally, ORBCOMM searches of the ITU MIFR and ITU frequency coordination data indicate that ORBCOMM‘s proposed new feeder downlink channel assignment can be successfully coordinated and notified in accordance with the International Radio Regulations. CONCLUSION Please associate this submission with the record of ORBCOMM‘s Modification Application. ORBCOMM respectfully requests that the Commission act promptly to grant the above—captioned modification application to modify the ORBCOMM NVNG Satellite Service ECC space segment license, as further amended by this submission. The additional network backhaul capacity and coverage capacity provided by the requested additional feeder downlink

_3 _ channel will allow ORBCOMM to better serve the growing worldwide demand for NVNG services, and will thus serve the public interest, convenience and necessity. bhar.x Respectfully submitted, Walter H. Sonnenfeldt, Esq. Regulatory Counsel ORBCOMM License Corp. & Vice President, Regulatory Affairs ORBCOMM Inc. Direct Tel: (585) 461—3018 E—Mail: sonnenfeldt.walter@orbcomm.com April 20, 2015


Document Created: 2015-12-17 15:19:11
Document Modified: 2015-12-17 15:19:11
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