Attachment Skybox - corrected G

This document pretains to SAT-LOA-20120322-00058 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2012032200058_970468

                                                                * COreECTEp on i0/63 /12 +
                                                                         File #_ SBT—LO8— 201203 22— (AOOS§
            SAT—LOA—20120322—00058      1B2012000867
$2862
Skybox Imaging, Inc.
SKYSAT                                                                          Call Sign $2862._ Grant Date os3/20/12
                                                                                (or other identifier)
                                                                                       gee ;.            Term Dates      See .         Approved by OMB
                                                                                From _conditions                  To:   COl“difiOfiS            3060—0678


    Date & Time Filed: Mar 22 2012 6:08:18:680PM         International Bureau   Approved:
    File Number: SAT—LOA—20120322—00058                ¥€loith conditions                                fephey     J Duall
     Callsign/Satellite ID: $2862                                                                       ChieS, Seitel lf’re%ik:} Branch

                           APPLICATION FOR SATELLITE SPACE STATION AUTHORIZATIONS                                       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:
    March 2012 Resubmission of Skybox Imaging Application for EESS Satellite System
       1—8. Legal Name ofApplicant
                Name:          Skybox Imaging, Inc.           Phone Number:                              650—316—6661
                DBA Name:                                     Fax Number:

                Street:        1061 Terra Bella Ave.          E—Mail:                                    jim@skyboximaging.com


                City:          Mountain View                  State:                                      CA
                Country:       USA                            Zipcode:                                   94043            —
                Attention:     Mr. Jim McClelland


                                    Attachment to Grant
                          IBFS File No. SAT—LOA—20120322—00058
                                       Call Sign $2862

The application of Skybox Imaging, Inc. (Skybox), IBFS File No. SAT—LOA—20120322—00058,
for authority to construct, launch and operate a non—geostationary—orbit satellite system, Call
Sign $2862, consisting of two Earth Exploration Satellite Service space stations, SkySat—1 and
SkySat—2, IS GRANTED. Accordingly, SkySat—1 and SkySat—2 are authorized to transmit
telemetry signals and remote—sensing data in the 8025—8400 MHz frequency band (space—to—
Earth) from circular orbits with altitudes from 450 to 637 km, depending on the launch vehicle
used, and with inclination ranging between 85 and 100 degrees, and to receive command signals
on center frequencies of 2081 MHz and 2083 MHz. Operations under this authorization must be
in accordance with the technical specifications in the above—referenced application and Federal
Communications Commission rules not waived herein, and are subject to the following
conditions:

         1. Skybox 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 for these space
stations, in accordance with the ITU Radio Regulations. Skybox shall be held responsible for all
cost—recovery fees associated with ITU filings. 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. § 25.111(b).

      2. Power flux—density from operation of the SkySat—1 and SkySat—2 space stations in the
8025—8400 MHz band must not exceed the limits in No. 22.5 or Table 21—4 of the International
Telecommunication Union‘s Radio Regulations or the limits in ITU—R Recommendation SA—
1157.

        3. Operations pursuant to this authorization must not cause harmful interference to
stations operating in the 2025—2110 MHz band in accordance with the U.S. Table of Frequency
Allocations. See 47 C.F.R. § 2.106, Footnote US347.

       4. Given the opportunity for additional entrants to operate in Skybox‘s requested
frequency bands, we grant Skybox‘s request for a waiver of the modified processing round
requirements in 47 C.F.R. §§ 25.156 and 25.157. See DigitalGlobe, Inc., Order and
Authorization, 20 FCC Red 15696 (Sat. Div., Int‘l Bur. 2005) at paragraph 8.

       5. Because Skybox must comply with technical requirements in Part 2 of the
Commission‘s rules, which should prevent harmful interference to other operators in the band,
we grant its request for a waiver of the default service rules in 47 C.F.R. § 25.217(b). See
DigitalGlobe, Inc., supra, at paragraph 15.

       6. Unless extended by the Commuission for good cause shown, this authorization shall
become null and void in the event the space stations are not constructed and launched in
accordance with this application by the schedule set forth in Section 25.164(b) of the
Commission‘s rules.


                                     Attachment to Grant
                           IBFS File No. SAT—LOA—20120322—00058
                                          Call Sign $2862

                a.     Enter into a binding non—contingent contract to construct the licensed
satellite system by September 20, 2013.
              b.    Complete the Critical Design Review of the licensed satellite system by
September 20, 2014.
               c.      Begin construction of the first satellite by March 20, 2015.
               d.      Launch and begin operation of the first satellite by March 20, 2016.
               e.      Bring the second satellite into operation by September 20, 2018.

       7.   Skybox must file a bond with the Commission in the amount of $5,000,000 pursuant
to 47 C.F.R. § 25.165 and the procedures set forth in Public Notice, DA 03—2602, 18 FCC Red
16283 (2003), within 30 days of the date of this grant, i.e., by October 20, 2012.

        8. Within 30 days after launching each satellite authorized herein, Skybox must file a
notification with the Commission specifying the satellite‘s orbital altitude and inclination.

         9. The license term for the constellation is 15 years and will begin on 3 a.m. EST on the
date that Skybox certifies to the Commission that its initial space station has been successfully
placed into orbit and its operations fully conform to the terms and conditions of this
authorization. Skybox must file such certification within five business days of placing its initial
satellite into operation.

        10. Skybox is afforded 30 days from the date of release of this authorization to decline
this authorization as conditioned. Failure to respond within this period will constitute formal
acceptance of the authorization as conditioned.

        11. This action is issued 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
Commussion‘s rules, 47 C.F.R. §§ 1.106 and 1.115, may be filed within 30 days of the date of the
public notice indicating that this action was taken.


                                    e CORRECTED on               I0/o3/12 *

                                                          File #_SBT— Lop— 20120322 CoO6S5

                                                          Call Sign $2562                GrantDate ©3/20/12
                                                          (or other identifier)
                                                                 See                     Term Dates 5C §
                                                          From_Cordifions
                                                               @ommmmnenmmmmnemmnmumet
                                                                                              43 conditions
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                                 | ’-Jijw tfonal Efim'c;m~ Approved:
                                                                                 Jé%/fi» 4@&4/
                                *with conditions                                  S+ép  . Dugl
                                                                                  Chies] Satellite Pol'f(\&j Branch


  9—16. Name of Contact Representative
            Name:            Stephen D. Baruch                    Phone Number:                       202—416—6782
            Company:        Lerman Senter PLLC                    Fax Number:                         202—429—4626
            Street:         2000 K Street, NW                     E—Mail:                             sbaruch@lermansenter.com

                             Suite 600
            City:           Washington                            State:                               DC
            Country:         USA                                  Zipcode:                            20006      —
            Attention:                                            Relationship:                       Legal Counsel


CLASSIFICATION OF FILING
17. Choose the buttonnext to the                  b.
classification that applies to thisfiling for   «) 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.                   (N/A) b3. Amendment to a Pending Application
                                                (N/A) b4. Modification of License or Registration
  a.                                            (N/A) b5. Assignment of License or Registration
(N/A) al. Earth Station                         (N/A) b6. Transfer of Control of License or Registration
  ) a2. Space Station                           (N/A) b7. Notification of Minor Modification
                                                (N/A) b8. Application for License of New Receive—Only Station Using Non—U.S. Licensed Satellite

                                                C b9. Letter of Intent to Use Non—U.S. Licensed Satellite to Provide Service in the United States
                                                «34 b10. Replacement Satellite Application — no new frequency bands
                                                C b1 1. Replacement Satellite Application — new frequency bands (Not eligible for streamlined
                                                processing)
                                                {4 b12. Petition for Declaratory Ruling to be Added to the Permitted List
                                                (N/A) b13. Other (Please specify)


  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.F.R.Section 1.1114).
  «4 Governmental Entity g3, Noncommercial educational licensee
@ Other(please explain):       Resubmission per DA 12—410


17c¢. Fee Classification    CLW — Space Station (Non—Geostationary)


18. If this filing is in reference to an existing station, enter:
(a) Call sign of station:
    Not Applicable




19. If this filing is an amendment to a pending application enter:
(a) Date pending application was filed:                                     (b) File number of pending application:

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:

D a. Fixed Satellite
D b. Mobile Satellite
D c. Radiodetermination Satellite
E d. Earth Exploration Satellite
D e. Direct to Home Fixed Satellite
D £. Digital Audio Radio Service
D g. Other (please specify)


21. STATUS: Choose thebutton next to the applicable status. Choose       22. If earth station applicant, check all that apply.
only one.                                                                Not Applicable
   C»    Common Carrier @ Non—Common Carrier

23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one.Are these
facilities:
      C Connected to a Public Switched Network       C 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) D b. Ku—Band (12/14 GHz)
   E c.Other (Please specify upper and lower frequencies in MHz.)
              Frequency Lower: 2025.0000        Frequency Upper: 8400.0000         (Please specify additional frequencies in an attachment)


TYPE OF STATION
25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one.

 (N/A) a. Fixed Earth Station
 (N/A) b. Temporary—Fixed Earth Station
 (N/A) c. 12/14 GHz VSAT Network
 (N/A) d. Mobile Earth Station
 4 e. Geostationary Space Station.
 @ £. Non—Geostationary Space Station
 «24 g. Other (please specify)




26. TYPE OF EARTH STATION                FACILITY: Not Applicable
PURPOSE OF MODIFICATION


 27. The purpose of this proposed modification is to: (Place an "X" in the box(es) next to all that   Not Applicable
 apply.)

 ENVIRONMENTAL POLICY


 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental     4 Yes @ 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?                                3 Yes @No




30. Is the applicant an alien or the representative of an alien?                                                          < Yes @No C N/A




31. Is the applicant a corporation organized under the laws of any foreign government?                                    34 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       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          «3 Yes @ No 4 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 underthe 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 QUALIFICATION®S


35. Does the Applicant request any waivers or exemptions from any of the Commission‘s Rules?                             @ Yes (ed 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         G 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    D 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   .D 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   Exhibit 40
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 gy 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 &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? IfYes,     4 Yes @ No
answer 42b and attach an exhibit providing the information specified in 47 C.E.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?


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 Exhibit 43.




  Exhibit 43


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 specifiedin 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.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.


44.   Applicant is a (an): (Choose the button next to applicable response.)


 g¢y Individual
 C Unincorporated Association
 ¢7y Partnership
 @ Corporation
 C Governmental Entity
 C Other (please specify)



45. Name of Person Signing                                               46. Title of Person Signing
Jim McClelland                                                           Vice President, Mission Assurance

47. Please supply any need attachments.
 1:                                              2:                                               3:




          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).



Completed Schedule S




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Document Created: 2012-10-05 14:38:44
Document Modified: 2012-10-05 14:38:44

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