Attachment Spectrum Five - Gran

Spectrum Five - Gran

DECISION submitted by IB, FCC

grant

2016-10-05

This document pretains to SAT-LOI-20160308-00025 for Letter of Intent on a Satellite Space Stations filing.

IBFS_SATLOI2016030800025_1154093

$2957 SAT—LOI—20160308—00025 182016000636 Spectrum Five LLC BSSNET2A—111W Catsign$2357_GraDarw_1O/S/ Lt #iz ) Term Dates "Sde Approved by OMB From_conditions 3o; condilions 3060—0678 GRANTED® Date & Time Filed: Mar 8 2016 2:01:28:270PM iternational Bureau File Number: SAT—LOI—20160308—00025 *with condiions Callsign/Satellite ID: $2957 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: Spectrum Five LLC Petition for Declaratory Ruling to Provide Service from 110.9 1—8. Legal Name ofApplicant Name: Spectrum Five LLC Phone Number: 202—293—3483 DBA Name: Fax Number: Street: 1776 K Street, NW E—Mail: dwilson@spectrumfive.com Suite 200 City: Washington State: DC Country: USA Zipcode: 20006 « Attention: Mr David Wilson

ATTACHMENT TO GRANT Spectrum Five LLC IBFS File No. SAT—LOI—20160308—00025 IBFS File No(s): SAT—LOI—20160308—00025 GR A NTE D — _Liéensee/Grantee: Spectrum Five LLC With Conditions Call Sign: $2957 B Satellite Name: BSSNET2A—111W Orbital Location: 110.9° W.L. (required station— (+/— 0.05 degrees east/west) keeping tolerance) Administration: Netherlands International Bureau Nature of Service: 17/24 GHz Broadcast Satellite Service Satellite Division Scope of Grant: Authority to access the U.S. market to provide Direct—to—Home service using the 17/24 GHz BSS bands. Service Area(s): See Item S$6 of Schedule S and accompanying .gxt files. Frequencies: 17.3—17.7 GHz (space—to—Earth) 24.75—25.15 GHz (Earth—to—space) Telemetry, tracking, and command operations at the center frequencies of 17.303 and 17.306 GHz (space—to—Earth) and 24.753 GHz and 24.755 GHz (Earth—to—space). Operations under this grant must comport with the legal and technical specifications set forth by the applicant or petitioner and with Federal Communication Commission‘s rules not waived herein. This grant is also subject to the following conditions: 1. Spectrum Five may access the U.S. market using its BSSNET2A—111 W space station at the 110.9° W.L. orbital location up to power flux density (pfd) levels that are reduced from those specified in 47 CFR § 25.208(w) in accordance with the following calculation methodology: For a given location on the surface of the Earth at which the required pfd reduction value needs to be determined, calculate the topocentric angular separation ‘q‘ of the 107° W and 111° W.L. geostationary orbital locations, and the corresponding off—axis gain GCO1(q) of the antenna specified in Section 25.224(a)(1) of the Commission‘s rules at that angular separation. For the same location on the surface of the Earth, also calculate the topocentric angular separation of the 107° W.L. and 110.9° W.L. geostationary orbital locations, and the gain of the antenna GCO2(q) specified in Section 25.224(a)(1) of the Commission‘s rules at that angular separation. Then, perform the subtraction GCO2(q) — GCO1(q). The result is the required reduction in pfd from the value specified in Section 25.208(w). The pfd levels of Spectrum Five‘s space station transmissions must not exceed the lower of these calculated levels or the levels stated in its application, and must meet the reduced pfd limits under all atmospheric conditions. 2. When designing its system, Spectrum Five is reminded to take into consideration the geographic service requirements of Section 25.225 of the Commission‘s rules. 47 CFR § 25.225. 3. Operations of Spectrum Five‘s 17/24 GHz BSS space station at the 110.9° W.L. orbital location must comply with coordination agreements reached between the Netherlands and other Administrations. 4. This grant of U.S. market access is subject to the following requirements: a. Spectrum Five must post a surety bond in satisfaction of 47 CFR §§ 25.165(a)(2) & (b) no later than 30 days after grant (November 4, 2016) and thereafter maintain on file a surety bond requiring payment in the event of a default in an amount, at minimum, determined according to the formula set forth in 47 CFR § 25.165(a)(2); and Page 1 of 2

ATTACHMENT TO GRANT Spectrum Five LLC IBFS File No. SAT—LOI—20160308—00025 b. Spectrum Five must launch the space station, position it in its assigned orbital location, and operate it in accordance with the station authorization no later than 5 years after grant (October 5, 2021), 47 CFR § 25.164(a). This grant of U.S. market access will be null and void automatically, without further Commission action if Spectrum Five fails to comply with any of these requirements. Failure to comply with the milestone requirement of 47 CFR § 25.164(a) will also result in forfeiture of Spectrum Five‘s surety bond. By 5 years plus 15 days after grant (October 20, 2021), Spectrum Five must either demonstrate compliance with its milestone requirement or notify the Commission in writing that the requirement was not met. 47 CFR § 25.164(f). 5. This grant of market access will terminate in the event that the BSSNET2A—1 11W space station is relocated from the 110.9° W.L. orbital location or ceases to operate. 6. This grant will become effective and remain effective on to the extent that launch and space operations are authorized by the Radiocomunications Agency Netherlands under the Netherlands Space Activities Law. Spectrum Five must file evidence in the public record of the proceeding demonstrating grant of any such authorizations within five business days of action by the Radiocommunications Agency of the Netherlands. In addition, Spectrum Five is requested to submit written confirmation that the appropriate registration documents for BSSNET2A—1 11 W have been filed with the United Nations Office of Outer Space Affairs, within 10 days after filing, or to report the status of document preparation no later than six months following launch. 7. This grant of market access and all conditions contained herein are subject to the outcome of the Commission‘s rulemaking in IB Docket No. 06—123 and any requirements subsequently adopted therein. Licensee/grantee is afforded thirty (30) days from the date of release of this action to decline the grant as conditioned. Failure to respond within this period will constitute formal acceptance of the grant as conditioned. This action is taken pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 CFR § 0.261, and is effective upon release. Station licenses are subject to the conditions specified in Section 309(h) of the Communications Act of 1934, as amended, 47 U.S.C. § 309(h). Action October 5, 2016 Date: Term Dates From: see conditions To: see conditions Approved: / W Stephen uall Chief, Satellite Policy Branch Page 2 of 2

9—16. Name of Contact Representative Name: Spectrum Five LLC ._ Phone Number: 202—293—3483 Company: Fax Number: Street: 1776 K Street, NW E—Mail: dwilson@spectrumfive.com Suite 200 City: Washington State: DC Country: _ USA Zipcode: 20006 — Attention: Mr David Wilson Relationship: 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 <3 b10. Replacement Satellite Application — no new frequency bands 4 b11. Replacement Satellite Application — new frequency bands (Not eligible for streamlined processing) C 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? £34 IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). C Governmental Entity 3 Noncommercial educational licensee #g, Other(please explain): No fee &#8722; Petition for Declaratory Ruling 17c¢c. 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: D a. Fixed Satellite D b. Mobile Satellite E] c. Radiodetermination Satellite D d. Earth Exploration Satellite _ D e. Direct to Home Fixed Satellite D £. Digital Audio Radio Service E g. Other (please specify) 17/24 GHz Broadcasting&#8722;Satellite S 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: 17300 Frequency Upper: 25150 (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 & c. Geostationary Space Station. £34 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 «; Yes @ No impact as defined by 47 CFR 1.13077? 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? 4Y~YS! & 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 under the laws of any foreign government? & Yes @ No C 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 3 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 C Yes @ No C 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 foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote. BASIC QUALIFICATIONS

35. Does the Applicant request any waivers or exemptions from any of the Commission‘s Rules? @ Yes [ No IfYes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents. Technical Narrative 36. Has the applicant or any party to this application or amendment had any FCC station authorization or license @ Yes C 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 exthibit, an explination of circumstances. Question 36 37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling Cp 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. Appendix B—1 38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant, G 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 Appendix B—2 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 [ed 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 Question 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 ; 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, @ 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 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.) Spectrum Five LLC seeks authority to provide service to the U.S. market through a Netherlands&#8722;authorized satellite from the 110.9 W.L. orbital location using the 17/24 GHz Broadcasting&#8722;Satellite Service band. Legal Narrative 43a. Geographic Service Rule Certification C 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.FR. Part 25 and will comply with such requirements. 3 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.) fed Individual C Unincorporated Association «4 Partnership g34 Corporation «ty Governmental Entity f&, Other (please specify) Limited Liability Company 45. Name of Person Signing 46. Title of Person Signing David Wilson President, Spectrum Five LLC 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 10

FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT The public reporting for this collection of information is estimated to average 0.25 — 24 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 PRA@fcec.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 LAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507. 11


Document Created: 2016-10-05 17:34:42
Document Modified: 2016-10-05 17:34:42
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC