ViaSat 89 WL Replace

SUPPLEMENT submitted by ViaSat, Inc.

Submission of Escalating Bond

2017-04-17

This document pretains to SAT-LOI-20140204-00013 for Letter of Intent on a Satellite Space Stations filing.

IBFS_SATLOI2014020400013_1206422

                                                                555 Eleventh Street, N.W., Suite 1000
                                                                Washington, D.C. 20004-1304
                                                                Tel: +1.202.637.2200 Fax: +1.202.637.2201
                                                                www.lw.com

                                                                FIRM / AFFILIATE OFFICES
                                                                Barcelona       Moscow
                                                                Beijing         Munich
                                                                Boston          New York
                                                                Brussels        Orange County
                                                                Century City    Paris
April 17, 2017                                                  Chicago         Riyadh
                                                                Dubai           Rome
                                                                Düsseldorf      San Diego
VIA ELECTRONIC FILING                                           Frankfurt       San Francisco
                                                                Hamburg         Seoul
                                                                Hong Kong       Shanghai

Ms. Marlene H. Dortch                                           Houston         Silicon Valley
                                                                London          Singapore
Secretary                                                       Los Angeles     Tokyo
Federal Communications Commission                               Madrid          Washington, D.C.
445 12th Street, S.W.                                           Milan

Washington, D.C. 20554


                 Re:   ViaSat, Inc., Replacement Satellite Bond, IBFS File Nos. SAT-LOI-
                       20140204-00013, SAT-AMD-20140218-00023, SAT-MOD-20150618-
                       00037; Call Sign S2917

Dear Ms. Dortch:

        ViaSat, Inc. (“ViaSat”) hereby submits a copy of the replacement performance bond that
reflects the modified milestone and bond conditions for the above-referenced authorization re-
issued on March 23, 2017.

       Should you have any questions regarding this filing, please contact the undersigned.



                                            Respectfully submitted,

                                                   /s/

                                            Elizabeth R. Park


Enclosure

cc:    Stephen Duall


                                                                          This bond is executed in Duplicate

                                                                                           Bond No. 0696281

                                     License and/or Permit Continuous Bond

KNOW ALL MEN BY THESE PRESENTS, that we_ViaSat, Inc_, as Principal, and International
Fidelity Insurance Company, a New Jersey corporation, as Surety, are held and firmly bound unto the
United States Treasury, as Obligee, in the maximum penal sum of Two Million Six Hundred Thousand
and No/100 ($2,600,000.00) U.S. Dollars, which said penal sum shall cover the maximum liability that
may accrue through June 18, 2018 ("Maximum Accrual Date"), and which may be increased by Surety
pursuant to the terms and conditions set forth below, for which payment, well and truly to be made, we
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly,
by these presents.

WHEREAS, the above bounden the Principal has obtained authorization from the Federal
Communications Commission ("FCC") for authority to access the United States market using a
Geostationary Orbit ("GSO") Satellite pursuant to its applications, FCC File Nos. SAT—LOI—20140204—
00013, SAT—AMD—20140218—00023, SAT—MOD—20150618—0037; Call Sign _$2917_("Authorization"),
in accordance with the terms and conditions set forth in the Conditions for Letter of Intent attached to the
FCC‘s original grant of the Authorization on _June 18, 2014_, including the filing of this bond with the
FCC pursuant to the Authorization;

WHEREAS, on December 15, 2015, the FCC adopted revisions to its rules, which among other things
eliminated all GSO space station construction milestones, except the requirement to bring the space
station into operation at the assigned location within five years after grant of the authorization, and
modified the bond requirements to replace the $3 million decreasing bond structure with a bond that
increases from $1 million to $3 million on a pro rata basis over a five—year period, and the revised FCC
rules became effective on September 19, 2016;

WHEREAS, on March 23, 2017 the FCC granted the Principal‘s request to replace the milestone schedule
and bond obligation in the Authorization with a single, final milestone and escalating bond requirement,
and has reissued the Authorization with modified conditions to reflect these modified requirements;

WHEREAS, the previously issued bond pursuant to the Application, bond number 0588382, is being
replaced and superseded to reflect the new bond requirement; and

WHEREAS, the Principal is required by law to file with the FCC a bond conditioned as hereinafter set
forth:

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall
well and truly perform each and every obligation set forth below at the time and in the manner specified
during the term of this bond, then this obligation shall be void, otherwise to remain in full force and
effect.

PROVIDED HOWEVER, that this bond is subject to the following conditions:

         1.       The GSO Satellite authorized by the FCC must be launched, positioned in its assigned
orbital location, and operated in accordance with the station authorization no later than June 18, 2019.




US—DOCS\83619387.1


         2.        This bond shall be in effect from March 23, 2017 until the FCC issues a notice of release
of this bond.

        3:         Upon agreement by the Surety and the Principal, the maximum penal sum of this bond
may be increased to cover the maximum liability that may accrue after the Maximum Accrual Date and
until the Principal has satisfied the milestone set forth in paragraph 1. Failure of either party to increase
the maximum penal sum pursuant to this paragraph shall not be considered a default hereof. If either
party elects not to increase the maximum penal sum to cover any liability that may accrue after the
Maximum Accrual Date, the Surety or the Principal, as the case may be, shall provide to the other party
written notice of such election at least sixty (60) days prior to the Maximum Accrual Date. If the Surety
and the Principal agree to increase the maximum penal sum beyond the Maximum Accrual Date, the
maximum penal sum of the bond shall be increased on an annual basis, via a certificate or rider to this
bond sent to the FCC and the Obligee, commencing on the day after the Maximum Accrual Date. Such
certificate or rider shall increase the maximum penal sum in the amount by $400,000 per year until the
earlier of (i) the date on which the condition in paragraph 1 above shall have been satisfied, and (ii) the
date on which the Authorization is surrendered, revoked, or declared null and void.

        4.      In the event of a Notice of Default (¥.e., an order or public notice, or notice of action
taken) issued by the FCC revoking or declaring null and void the Authorization, or accepting surrender of
the Authorization by the Principal, the Surety shall be liable only up to the amount that equals $1,000,000
+ $2,000,000*D/1827, where D is the lesser of 1827 or the number of days that have elapsed from June
18, 2014 until the date the authorization is surrendered, revoked or declared null and void, as identified in
the Notice of Default. It is also understood and unconditionally agreed that upon receipt of such Notice of
Default, the sole remedy under this bond will be the tender of payment of the amount calculated pursuant
to this formula within thirty (30) business days of such Notice of Default, except that the liability of the
Surety shall not exceed the maximum penal sum of the bond (taking into account any subsequent
certificates or riders to the bond that may be executed, as described above).

Any such Notice of Default made under this Bond shall be made in writing and shall be given by a
personal delivery or expedited delivery service, postage pre—paid, addressed to the parties at the addresses
specified below:

        To the Surety:             International Fidelity Insurance Company
                                   2999 Oak Rd., Ste 820
                                   Walnut Creek, CA 94597

        To the Principal:          ViaSat, Inc.
                                   Attn: Office of the Chief Financial Officer
                                   6155 El Camino Real
                                   Carlsbad, CA 92009


S;      No right of action shall accrue on this bond to or for the use of any person or corporation other
than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee.

6.      If any conflict or inconsistency exists between the Surety‘s obligation or undertakings as
described in this bond and as described in other documents, statutes or regulations, then the terms of this
bond shall prevail.

PROVIDED FURTHER, that regardless of the number of years this bond shall continue or be continued
in force and of the number of premiums that shall be payable or paid, the Surety shall not be liable



US—DOCS\83619387.1


hereunder for a larger amount than the maximum penal sum (taking into account any subsequent
certificates or riders to the bond that may be executed, as described above).

PROVIDED FURTHER, that this bond shall be effective on the 23rd day of March, 2017 and shall cease
at such time as the FCC confirms that the Principal has satisfied the milestone set forth in paragraph 1
above, unless earlier cancelled as provided herein.

        Signed, sealed and dated the 11th day of April, 2017.



Principal: ViaSat, Inc.




ShawnDuf , Senior Vice President and Chief Financial Officer


Surety: International Fidelity Insurance Company


By:   W
Jeremy Bdfk, An(@lFact




US—DOCS\83619387.1


ACKNOWLEDGEMENT




State ofArizona

County of Maricopa



On         L?’      I      /7            before me personally appeared Jeremy Polk whose
identity was proven to me on the basis of satisfactory evidence to be the person
who he or she claims to be, and acknowledged that he or she signed the attached
document.



(Seal)

                                                                                   Notary Signature
 $    4)           Jessica Hollaender

     gE) ‘MRFiCGPACooNTY_                                                           Jessica Holltzender
      4          My Commission Expires                               —   ABF   &               t
                   January 13, 2021                         My commission Expires January 13°", 2021


                                    ACKNOWLEDGMENT


  A notary public or other officer completing this
  certificate verifies only the identity of the individual
  who signed the document to which this certificate is
  attached, and not the truthfulness, accuracy, or
  validity of that document.
State of California
County of é b\t’q 0                               )


On     D\’Afln‘l — *4b 11              before me, %‘DAAI), Nfllk\—{fi’l:/\h\% Ugllo
                                                            V (insert name and fitle of the officer)

personally appeared      %\/wwn          Dl,u%q/                                  , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.

| certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.


WITNESS my hand and official seal.                                             Notary Public — California   ?,
                                                                         2         San Diego County
                                                                 ]   *       M; Comm. Exelres Aug 30, 2018 E


Signature WW                                            (Seal)
                         _      2


  Trei(ore) aze—7200                                                                     POWER OF ATTORNEY
                                                                              INTERNATIONAL FIDELITY INSURANCE COMPANY
                                                                           ALLEGHENY CASUALTY COMPANY
                                                               ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102—5207
 KNOW ALL MEN BY THESE PRESENTS:                                                     —That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under
the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of
 Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint

JESSICA HOLLAENDER, JEREMY POLK




Phoenix, AZ.

their true and lawful attorney(s)—in—fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other wrmngs obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, rgflulahon, contract or otherwise
and the execution of such mstrument(an ursuance of these presents, shall be as binding upon the said_INTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUAL                      OMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and
acknowledged by their regularly elected officers at their principal offices.
This Power of Attorne){_' is executed, and may                                         be revoked, pursuant to and by     authority   of the By—Laws of INTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority                                                          of the following   resolution adopted by the Board of Directors
of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY
CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000:
"RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretaryof the Corporation shall have the power to appoint, and to revoke
the appointments of, Attorneys—in—Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf
of the Corporation and affix the Corporation‘s seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the
nature thereof or related thereto; and (2) any such Officers of the Corgorati_on may appoint and revoke the apfiomtmen                                                  of joint—control custodians, agents
for acceptance of process, and Attorneys—in—fact with authority to execute waivers and consents on behalf of the Corporation; and $3) the signature                                                of any
such Officer of the Corporation and the Corporation‘s seal may be affixed by facsimile to any power of attorney or certification given for the execution                                           of any
bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals                                              when
so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original snfinature of such officer and the original seal                                                    of the
Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."

IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and
attested these presents on this 22nd day of July, 2014.


                                                                            STATE OF NEW JERSEY
                                                                            County of Essex                             22Z;/wfl* #A‘.4’_:(51*




                                                                                                                 {       ROBERT W. MINSTER
                                                                                                              Chief Executive Officer (International Fideli
                                                                                                              Insurance_ Company) and President (Allegheny
                                                                                                              Casualty Company)

On this 22nd day of July 2014, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were
duly affixed by order of the Boards of Directors of said Companies.
                                                                                                              IN TESTIMONY WHEREOF, | have hereunto set my hand affixed my Official Seal,
                                 uht)                                                                         at the City of Newark, New Jersey the day and year first above written.
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                                                                                                                                           My Commission Expires April 16, 2019
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                         "I"                    w
                                44 * NEW ;‘\“
                                 d                                                                   CERTIFICATION
1, the undersigned officer.of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foreyoing—copy of. the.Power of Attorney and affidavit, and the copy of the Sections of the By—Laws of said Companies as set forth in said
Power of Attorney,« with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole
of the said origingls, and that the —said—Power of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY                         WHEREOF,                            "I nave ‘hereunto set my hand this          11th               day of     April,       2017




                                                                                                                                             MARIA BRANCO, Assistant Secretary —



Document Created: 2017-04-17 19:22:36
Document Modified: 2017-04-17 19:22:36

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