Attachment GRANT

This document pretains to SAT-LOI-20081223-00238 for Letter of Intent on a Satellite Space Stations filing.

IBFS_SATLOI2008122300238_720712

Sce. Q\So TPT—LOTIT— 20081223 —0023¢ SBi—rmp—2009033) SAT—LOI—20081223—00238 1B2008003093 file# —(o3$ $2756 New Skies Satellites B.V. NSS—9 Call Sign Grant Date O7/01/069_ (or other identifier) FynBk Approved by OMB erm Dates 3060—0678 From To: CRANTED* Date & Time Filed: Dec 23 2008 9:53:37:326AM International Bureau Approved: %WQ/}H’LQC M,é/ File Number: SAT—LOI—20081223—00238 *Esublect o _ ' Sf‘egé n J. Dual! Callsign/Satellite ID: $2782 corcdifions CHE4), Folicy Bronch 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: PDR — NSS—9 — Market Access Using Extended C—band 1—8. Legal Name ofApplicant Name: New Skies Satellites, B.V. Phone Number: 202—478—7183 DBA Name: Fax Number: 202—478—7101 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.FE.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.FE.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 publi blic notice indicating g that this action ion was was taken. taken SBT—LOT— 200812 o223— C0238 7 ..\ y SBT— AMD— 20090 33)— 400393 {! Sign SZ;LS__@_M Grant Date 07/0'/()& other identifiet) ; | Term Dates E. Fro: To: mm w SE $3 C eoommnnrGcnerrmcmmrect 2 urcau ’ Approved: »%‘0/” /QMM Ahins § ecHo concut E. su\o\) Ble (/m? Dua \I Chief, \')ol‘ncg 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, NW 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 buttonnext to the b. classification that applies to thisfiling for «3 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 @ b9. Letter of Intent to Use Non—U.S. Licensed Satellite to Provide Service in the United States q4 b10. Replacement Satellite Application — no new frequency bands C b11. Replacement Satellite Application — new frequency bands (Not eligible for streamlined processing) « 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? g34 IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). {74 Governmental Entity £74 Noncommercial educational licensee 8 Other(please explain): Petition for Declaratory Ruling 17c¢. Fee Classification BNY — Space Station (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: E a. Fixed Satellite D b. Mobile Satellite D c. Radiodetermination Satellite L'] 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 C3 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: 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 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 ) e. Geostationary Space Station. ¢74 f. Non—Geostationary Space Station «*4 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.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 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? «y Yes @No 30. Is the applicant an alien or the representative of an alien? @ Yes 3 No [3 N/A 31. Is the applicant a corporation organized under the laws of any foreign government? | @ Yes y 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 @Ye No p 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 @Yes No 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 Exhibit A 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 C 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 C3 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 C 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, £3 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 Exhibit B 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 g4 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 £; 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.) New Skies seeks a Declaratory Ruling authorizing the NSS—9 satellite to serve the U.S. market using extended C—band frequencies from the 177 degree W.L. orbital location. Petition 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. 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. 4 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.) «7y Individual ¢4 Unincorporated Association ¢y Partnership #) Corporation «4 Governmental Entity £3 Other (please specify) 45. Name of Person Signing 46. Title of Person Signing Thai E. Rubin General Counsel 47. Please supply any need attachments. 1: 2: 3: WILLEFUL 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 10

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@fec.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 L&AW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507. 11


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Document Modified: 2019-04-11 22:20:46
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