Attachment GRANT

GRANT

DECISION submitted by FCC,IB

GRANT

2004-06-15

This document pretains to SAT-LOA-20020114-00008 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2002011400008_377377

FCC Form 3\2:$S Page 1 of 5 APPLICATION FOR SATELLITE SPACE STATION F CUseOnly AUTHORIZATIONS FCC 312 MAIN FORM FOR OFFICIAL USE ONLY / c I APPLICANT INFO: Phone 6099874000 ~0004448 Street: 4 Research Way E-Mail: mark.oleary@ses-amercom.com City: Princeton State: NJ Zipcode: 08540 - Name: Laura B. Sherman, Esq. Number: Phone (202) 223-7365 Company: Paul, Weiss, Rifkind, Wharton & Garrison Fax Number: (202) 223-7420 Street: 1615 L Street, N.W. E-Mail: lsherman@paul City: Washington Zipcode: 22036 - CLASSIFICATION OF FILING 1117. Choose the button next to the lib. > that to this bl. Application for License ofNew Station for both questions a. and b* @/A) b2. Application for Registration ofNew Domestic Re Choose Only One for and Only (N/A) b3. Amendment to a Pending Application one for 17b. @/A) b4. Modification of License or Registration (N/A) b5. Assignment of License or Registration a. (N/A) b6. Transfer of Control of License or Registration @/A) a l . Earth Station @/A) b7. Notification of Minor Modification a2. Space Station . @/A) b8. Application for License of New Receive-0oly Station Using Non-U.S. Licensed Satellite b9. Letter of Intent to Use Non-U.S. Licensed Satellite to Provide Service in the http://svartifoss2 .fcc.gov/cgi-bin/ws.exe/prod/ib/forms/getappn.hts 1/24/2002

FCC Form 312:SS Page 2 of 5 II United States (N/A) b 10. Other (Please specify) fl If Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 CTF.R.Section 1.1114). r C Governmental Entity Noncommercial edwational licensee 19. If this filing is an amendment to a pending application enter: an existing station, enter: (a) Date pending application was filed: (b) File number of pending application: (a) Call sign of station: Not Applicable Not Applicable Not Applicable 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: F a. Fixed Satellite r b. Mbbile Satellite c. Radiodetermination Satellite r d. Earth Exploration Satellite r e. Direct to Home Fixed Satellite r f. Digital Audio Radio Service r g. Other (please specify) STATUS: Choose the button next to the applicable 22. If earth station applicant, check all that apply. status. Choose only one. Not Applicable r Common Carrier @ Non-Common Carrier If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 2 14 - I(filings.'Choose one. Are these facilities: I c Connected to a Public Switched Network t 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). a. C-Band (4/6 GHz) b. Ku-Band (12/14 GHz) r c.Other (Please specify upper and lower frequencies -1 in MHz.) Frequency Lower: Frequency Upper: 25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one. .fcc.gov/cgi-bin/ws.exe/prodib/forms/getappn.hts http://svartifoss2 1 /24/2002

Attachment Conditions of Authorization June 15,2004 Call Sign: S2434 File Nos.: SAT-LOA-200201 14-00008; SAT-AMD-2002 1 108-002 12; SAT-AMD-20030722-00133 and SAT-STA-20040302-00026 1. SES Americom, Inc.’s application, File No. SAT-LOA-200201 14-00008 as amended by File Nos. SAT-AMD-2002 1108-00212 and SAT-AMD-20030722-0133, Call Sign S2434, IS GRANTED and SES Americom, Inc. is authorized to operate its AMC-9 satellite at the 85” W.L. orbit location in the 3700-4200 MHz, 5925-6425 MHz, 11.7-12.2 GHz and 14.0-14.5 GHz bands in accordance with the terms, conditions, and technical specifications set forth in its application, as amended, and this Attachment. 2. The license term for the AMC-9 satellite, Call Sign S2434 is 15 years, starting from June 30,2003, the date that SES Americom, Inc. commenced operations on the AMC-9 satellite at the 85” W.L. orbital location. 3. SES Americom’s amendment, SAT-AMD-2002 1 108-00212, Call Sign S2434, is GRANTED and SES Americom, Inc. is authorized to provide direct-to-home services over the AMC-9 satellite in accordance with SES AMERICOM, INC. Applications for Modification of Fixed-Satellite Service Space Station Licenses, Order and Authorization, 18 FCC Rcd 16589 (Int’l Bur. 2003). 4. SES Americom, Inc. shall prepare the necessary information, as may be required, for submission to the International Telecommunication Union (“ITU”) to’ initiate and complete the advance publication, international coordination, due diligence, and notification process of this space station, in accordance with the ITU Radio Regulations. SES Americom, Inc. shall be held responsible for all cost recovery 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 notification procedures are timely completed or, with respect to individual administrations, by successfully completing coordination agreements. Any radio station authorization for which coordination has not been completed may be subject to additional terms and conditions as required to effect coordination of the frequency assignments of other administrations. See 47 C.F.R. 5 25.1 1l(b). 5. This action does not, in any way, prejudice Commission action on any pending requests by SES Americom concerning either operations at the 79” W.L. orbit location, or to relocate any of its satellites for the purposes of fleet management. 6. SES Americom Inc.’s request to extend its special temporary authority to continue to operate the AMC-9 satellite at 85” W.L., SAT-STA-20040302-00026, is dismissed as moot. 7. SES AMERICOM, Inc. is afforded thirty days from the date of adoption of this grant and authorization to decline this authorization as conditioned. Failure to respond within that period will constitute formal acceptance of the authorization as conditioned. 8. This grant is issued pursuant to Section 0.261 of the Commission’s rules on delegated authority, 47 C.F.R. 5 0.261, and is effective upon adoption. Petitions for reconsideration under 1

Section 1.106 or applications for review under Section 1 . 1 15 of the Commission's rules, 47 C.F.R. $5 1.106, 1.1 15, may be filed within thirty days of the date of the public notice indicating that this action was taken. 2

FCC Form 312:SS Page 3 of 5 (N/A) a. Fixed Earth Station (WA) b. Temporary-Fixed Earth Station (N/A) c. 12/14 GHz VSAT Network (N/A) d. Mobile Earth Station G e. Geostationary Space Station f f. Non-Geostationary Space Station r g. Other (please specify) 26. TYPE OF EARTH STATION FACILITY: Not Applicable L PURPOSE OF MODIFICATION J 27. The purpose of this proposed modification is to: (Place an "X" in the box(es) next to all that apply.) Not Applicable ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a . significant environmental impact as defined by 47 CFR 1.1307? If YES, submit the statement r Yes G No as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. and 1.131 1, as an exhibit to'this application. A __Radiation Hazard Study__._. 1.1308 must accompany all atmlications for new transmitting facilities, major modifications, or major amendments. Attachment 1 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? f Yes G No r N/A 30. Is the applicant an alien or the representative of an alien? r Yes 6 No f N/A 3 1. Is the applicant a corporation organized under the laws of any foreign government? f Yes F No f 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 aliens or their representatives or by a foreign government or representative f Yes 6 No f N/A 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 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 Yes No N/A organized under the laws of a foreign country? 34. If any answer to questions 29,30,31,32 andor 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 ~~~ ~ ~~ 16' __ 'I http://svartifoss2.fcc .gov/cgi-bin/ws.exe/prod/ib/forms/getappn. hts 1/24/2002

FCC Form 312:SS Page 4 of 5 35. Does the Applicant request any waivers or exemptions from any of the Commission's r Yes 0 No If Yes, 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 r Yes 6 No authorization or license 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. f Yes No 39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a r Yes G No party in any pending 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 andor 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. ExhibitB 1 41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is 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 0 Yes r NO CERTIFICATION http://svartifoss2.fcc.gov/cgi-bin/ws.exe/prod/ib/forms/getappn.hts 1 /24/2002

FCC Form 312:SS Page 5 of 5 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 fill1 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. 44.Applicant is a (an): (Choose the button next to applicable response.) r Individual c Unincorporated Association Partnership F Corporation r Governmental Entity r Other (please specify) 15. Name of Person Signing 46. Title of Person Signing VIark R. O'Leary Senior Vice PresidendGeneral Counsel WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (US. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S.Code, Title 47, Section 312(a)(l)), AND/OR FORFEITURE (US. Code, Title 47, Section 503). Menu 1 http://svartifoss2.fcc .gov/cgi-bin/ws.exe/prod/ib/forms/getappn.hts 1/24/2002


Document Created: 2004-06-15 16:58:08
Document Modified: 2004-06-15 16:58:08
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