Attachment grant

grant

DECISION submitted by FCC,IB

grant

2004-10-18

This document pretains to SAT-MOD-20040812-00159 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2004081200159_401655

Fie# SAT— mgo;\gfyogfg =p0157 tm s me Ock 19 Jro¥ m Approved by OMB o Pame . 3060—0578 Fron 5¢¢ (2afites, Te 366 ng. Date & Time Filed: Aug 12 2004 62623:580PM File Number: SAT—MOD—20040812—00150 Appromst All Kele+t 6. Aths.) Engicncy Bed— FCC APPLICATION FoR SPACE AND EARTH STATIONMOD OR AMD — MAIN FORM [FCC Use Only 1 Fee 312 MAIN FoRM FoR OEFICIALUsE ONEY APPLICANT INFORMATION Enter a description ofthis application to identify it on the main menu: Modification of C—3 liense to assign it o 79 deg. WL. 178. Legal Name ofApplicant Name: SES Americom, Inc. Phone Number: 609—987—4000 xt ona Fax Number: so0—087—a233 Name: Streets 4 Research Way E—Mai: nincyeskenazi@ses—americom. com Cit: Princcton State: w usa Zipeote: ossso — Ms. Naney J Esknaei

Attachment Conditions of Authorization October 18, 2004 Call Sign $2447 File No: SAT—MOD—20040812—00159 £ SES Americom, Inc.‘s (*SES Americom") request, File Nos. SAT—MOD— 20040812—00159 to amend its authorization, SAT—LOA—19880930—00038 (Call Sign: §2447),IS GRANTED. Accordingly, SES Americom is authorized to relocate its SATCOM C:3 C—band satelltefrom 131° W.L. to 79° W.L. and to operate it at that location. After the drift, SATCOM C—3 will operate at the 79° W.L orbital location in the 3700—4200 MHz and 5925—6425 MHz frequency bands in accordance with the terms, conditions, and technical specifications set forth in it application, this Attachment and the Federal Communications Commission‘s Rules (*Commission"). 2. SES Americom‘s request for a waiver ofthe Section 25.114(d)() requirement which requires space station antenna gain contours for each transmit and receive antenna beam to be plotted on a map showing the antenna gains at 2, 4, 6 8,10, 15, 20 dB below the peak values IS GRANTED. Although SES Americom has provided a contour map, it does not provide antenna gain contours on the extreme edges of the outer contours due to limitations ofthe data received from the satellite manufacturer. Grant ofthis waiver is consistent with previous Commission actions.\ 3. SES Americom is authorized to provide direct—to—home services over the SATCOM C:3 satellite,consistent with the rationale outlined in SES Americom, Inc., Applications for Modification of Fixed—Satellite Service Space Station Licenses, Order and Authorization, 18 ECC Red 16589 (2003). 4. During the drif, ofthe SATCOM C:3 satellitefrom the 131° W.L. location to the 79° W.L. orbital location, SES Americom shall not operate the communications payload on the satelite. 5. During the drift SES Americom shall coordinate all its Tracking, Telemetry, and Command (TT&C) operations with existing geostationary satellites to ensure no unacceptable interference resultsfrom its TT&C operations. 6. During the drif, SATCOM C:3 shall not cause harmfulinterference to any other lawfully operating in—orbit satellite,and SES Americom must terminate operations on SATCOM C—3 immediately upon notification ofsuch interference and shall inform the Commission in writing immediately of such an event 7. During the drft, SES Americom is required to accept interference from other lawfully operating in—orbit satellites.

8. SES Americom must inform the Commission in writing that it has begun relocation of t satellte upon commencement of maneuvers to drift SATCOM C:3 to 79° WL. 9. The license term for the SATCOM C—3 satellite, Call Sign 82447, is 15 years, starting from October 16, 1992, the date that SES Americom commenced operations on the SATCOM C—3 satellite 10. SES Americom shall prepare the necessary information, as may be required, for submission to the ITU to initiate and complete the advance publication, intemational coordination, due diligence, and notification process of this space station,in accordance with the ITU Radio Regulations. SES Americom shall be held responsible forall cost recovery fees associated with these ITU flings. 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 regquired to effect coordination of the frequency assignments ofother administrations. See 47 C.F.R. § 25.111(b). 11. SES Americom must provide a written statement to the Commission within 60 days of the date of this grant that identifies any known satellites located at, or planned to be located at, SES Americom‘s assigned orbital location, or assigned in the vicinity of that location such that the station—keeping volume of the respective satellites might overiap, and that sates the measures that will be taken to prevent in—orbit collisions with such satellites. This statement should address any licensed Commission systems, or any systems applied for and under consideration by the Commission. The statement need not address every filing with the ITU that meets these criteri, but should assess and address any systems reflected in ITU filings that are in operation or that SES Americom believes may be progressing toward launch, eg. by the appearance of the system on a launch vchicle manifest. If SES Americom elects to rely on coordination with other operators to prevent in—orbit collisions, it shall provide a statement as to the manner in which such coordination will be effected. 12. SES Americom is afforded thirty days from the date of release of this grant to decline this grant as conditioned. Failure to respond within this period will constitute formal acceptance of the grant as conditioned. 13. This Grant is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective upon release. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 ofthe Commission‘srules, 47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken.

5—16. Name of Contact Representative ( other than aplicant) Name: KarisA. Hastings Phone Number: anr—e37—5767 Companys Hogan & Hartson LLP Fax Number: 20r—637—s010 Streets 555 13th Steet, NW. E—Mait: KANastings@hlaw.com Cit: Washington State: nc Countrys USA Zipeote: 200041109 Contact Retationship: Legal Counsel Tile: CLASSIFICATION OF FILING 17. Choosete button next the lelasifcation that appliesto this fiing for (NA) b1. Application for License of New Sution {oth questions . and b. Choose only one (NA) b2. Applicationfor Registration of New Domestc Receive—Only Station for 17a and only one for 176. 0 (N/A) b3. Amendment t a Pending Aplication @ (NA) b4. Modifiction of License or Registation @ 1. Eath Sution @ 32. Space Stition bS. Assignment ofLicense oRegistation 16. Transer of Control of icense or Regist 0 (N/A) b7. Notification of Minor Modification (N/A) b8. Applicationfor License of New Receive—Only Station Using Non—U.5. Licensed Sucllte (NA) b9. Ltteof Intentto Use Non—U5. Licensed Satelite to Provide Servie i the United Sties @ (N/A) b10. Other (Pleas specify)

Y7e. Is a fee submited with this application? @ 1¥es, complete and attach FCC Form 159. IfNo, heate reason fo fee exemption (see 47 CER Section 1.1114). & Governmental Enity gy Noneommercil educational Hicensee @ Oterplease explain): T0 Fee Clasifieation A BEY ~ Space Station ModifiationGeostationary) 18. Ifthisfiling is in reference t an 19. Ifhisfilingis an amendment to a ending appliation enter both felds, ifthis filing is a existingstation, enter modifiationplease enter only the file number (@) Callsign ofsttion: (#) Date pending application was Aled: (6) File number: s2ar sarLoa tossoosoo003s

TYPE OF SERVICE 20. NATURE OF SERVICE: This filing is foran authorzation to provide or us thfllowing type(s) ofservices) Seletall hatapply: a. Fixed Satelite [C] bMobile Satelite [] & Radlodetermination Satelfte [—] 4 Barth Exploration Sarelite [] & Directto HomeFixed Satlfte [—] 5 Digial Audio Radio Service [] £Other(please specify) 21. STATUS: Choose the button next to theapplcablestatus. Choose [22.Ifearth station applicant, check all that apply lrly one. [C] Using U.S.lcensed sitelftes g CoomeCarier q NeeCommen Cariee [C] Using Non—U.S.lcensed sutelltes 23. Ifapplicant is providng INTERNATIONAL COMMON CARRIER service, se istructions egarding Sec.214 filings. Choose one. Are these fucllites: & Connected to a Public Swithed Network gy Not connected o Public Switched Network @ N/A 24. FREQUENCY BAND(S): Place an *X in the box(es)next t ll applicablfrequency band(a) . C—Band (4(6 GHtz) [b Ki—Band (124 Gite) [—] ©.Other (Pleae specify upper and lower fequencics in MHtz) Frequency Lower: Frequency Uppor: (Pleas specify additional frequenciesin an atachment)

TVPE OF STATION 25. CLASS OF STATION: Choose the btton next tothe class ofsation that apples. Choose only one. @ a. Fved BarthStation @ b. Temporary—Pixed Barth Sation oc 12/14 GHte VSAT Network o . Mobile Earth Sation @ . Geostitionary Space Sution £ . Nor—Gcostationary Space Station @ s Other (please specity) 26. Type or EArm stamion FACLmy: gp TransmitReceive @ Trinsmit—Only y Receive—Only @ NA "For Space Station applcations, select N/A."

PURPOSE OF MOPIFICATION 27. The purpose othis proposed modifcation is to: (Place an in the box(es)nextto all hat apply) [Z] a— authorization to d new emission designatorand related service [C] b — athorization to change emission designtor and relatedservice [C] e auttorization to increase EIRP and EIRP density [Z] 4 authorizationto replace antenna [ eauthorieationtoadd antenna [—] (— authoriation to relocate fied sttion [Z] a—authorizationtochange frequency(ies) [Z] h —authorization to add fequency [C] i authorization to d Points ofCommunication (stelites & countries) [C] i — authorizationtochange Points of Communication (satlltes amp; countics) [C] k—authorization for ficilitesfor which envionmentalasessment and fon hazard reporting is required J3 I—suthorization to change orbit location [C] m —authorization t perform fleet management [C] n—autorization to extend milestones [7] 0— Other (Pleasespecify)

ENVIRONMENTAL POLICY 28. Would a Commission grant ofny proposal n this applicationoamendment have asignificant emvironmenta.. gy ¥es @ No impact as detine by 47 CFR 113077 IFYES, submit the statement as required by Sections 11308 and 1.1311 of the Commission‘s ules, 47 CFR,1.1308 and 1.1311,asan exhibtto this application A Radiation Hazard Study must accompany all applications fonew transmiting facilites, major modifietions,ormajor amendments. ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast, common carvir, acronautical en route or aeonautical fixed radio station services are not required to respond to Items 30—34. 29,Is the applicanta foreign govermment or the representative ofany forsign govermment? 0 1# e N° o NA 30.Is the applicant an alieno therepresentaive of analien? 0 18 e N o NA 31. Isthe applicant a corporation organized under the laws ofany foreign govermment? 0 1# e N° o NA 32,Isthe appliant a corporation of which more than one—fith othcapital stock is owned ofrecord or vted by Yes @ No & NA aliens otheir representaives o by foreign govemmentorrepresentative thereof orby any corporaion organized under the aws ofa foreign country?

33. Is the applicnt a corporation directly oindiectly cantriled by any other corportion ofwhich more than @ Yes gy No @ NA ane—fourthof the capital stack is owned af record arvted by liens, thir representatives, orby a forcign govermment or representtive thereafor by any corporation organized under th lavs of a freign country? 34. Ifany answerto questions 29, 30, 31, 32 and/or 33 is ¥es, atach as an exhibit an identifiation of thealens or AttichmentA & B foreign enttes,thirnationalit,theirrelationshipto theappliant, and the percentage ofstock they own or voe. BASIC QUALIFICATIONS 35, Doesthe Applicant request any waiversor exemptions fom any ofthe Commission‘s Rules? 68 o" 1fYesattich as an exhibit, copies ofthe requests for vaiver orexeptions with supporting documents. 36. Has the applicantor any party to this application o amendment had any FCC station authorization orlcense o eN revoked or had any appliction fo an initil, modifiation orrenewal of FCC station authorization, license,or construction permit denied by the Commission? IfYes,attach asan exhibt, an expliationofircumstances.

37. Has the applicant, or any party t this application oramendment, or any party direcly oindirecly contrlling o1s the applicant ever been convited ofa felony by any sateor federalcourt?TYos, attach as anexhibit, an explintion of circumstances. 38, Has any courtfinlly adjudged the applicant, o any person diectly o indirectly controlingthe applicant, is quily of unawfully monopolizing or attempting unlawfully to monopaliz radio communication, drecty or indirectly, through controlofmanuficture osal ofadio apparitu, exclusivetrificarrangement o any other means ounfair methods of competitionIfYes, attach as an exhibit, an explanation of circumstances 39,Isthe applicant, oany person direcly or indirecly controlingthe applicant, currently a arty in any pending ovs N matter referred to in the preceding two items? Tyes, atich as an exhinit,an explanationof the circumstances. 40. If the applicant s a corporation and is applyingfor a space ttion icens,attach as an exhibitthe names, address, and ciizenship ofthose stockholders owning a record and/or vting 10 percent or more ofthe Filer‘s votingstock and the percentages so held. In the case of Aiduciary control,indicate the beneficiay(les) or class of benefiiaries. Alsolist the names and addresses of thoffcers and diectorsof the Filer.

41. By checking Yes,the undersigned certfies, tht neither applicant nor any theparty to theapplicaionis eYs oN subject t a denil oRederl benefitsthat ncludes FCC beneits pursuantto Section 5301 of the Anti~Drug Act of 198§, 21 U.S.C. Seetion 862, because ofa comviction for possessiono ditrbution of a contralled substance. See 47 CFR 1.2002() for the meaningof&quotiparty t the appliction&quot, for these purposes. 422. Does the applicant intend to use a non—U.5. censed satelite to provide service in the United Sttes? If¥es, ols eN answer 42b and attach an exhibit providing thinformation specifed in 47 C.FR. 25.137, as approprite.If No, proceed to question 43. 42bWhat administrationhaslcensed oris in the proces o icensing the space station? If noliense will e issued, what adininistration has coordinated or is in the process of coontinating the space sation? [13. Descripton. (Summarize t nature ofte appliation and the servicesto be provided)._ (1fthe complete descripton does nt appear in this {box, please go to the end ofthe form to view it in ts entirety) lses amertCoN, Inc. seeks a modification of its license for the Satcom C—3 satellite to lassign the spacecraft to 79 dag. w.L. Atachment T 10

CERTIFICATION [The Applicant walves any laim to tuse ofany particulr frequency or ofhelectromagnctic spectrum as against theregulatory power ofthe United States because oftheprevious use of thesame, whether by icense or otherwise, anrequests an authorization in accordance with this lapplication. The applicantcertifis that grat ofthisappliation would not causethe pplicanttobe in violation ofthe spectrum agaregation imit in 47 CFR Part 20. Allsttements made in exhibitsare a material part hereorand ar incorporated hereinas if set outin full in thisapplication: Thundersigned,individually and for theapplicant, hereby certfesthatall ttements made in application and in all atached exhibits are frue, complete and corrctto the best ohis or her knowledge and belief, and are made in good fith [¥X Applicant is a (any (Choosethe btton nexttoapplcable response) o Individual @ Unincorporated Association g Parmerstip @ Comoration g Governmental Entiy @ Other (please specify) 5. Name of Person Signing 6. Tite oPrson Sizgning Nancy J.Eskenazi VP & Assoc.Gen. Counsel 47. Please supply any need atachments Atachment 1 Atachment2: Atchment3

WILLEUL FALSE starEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (US. Code,Tite 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Tite 47, Section 312(@¥1), AND/OR FORFETURE (U.S. Code, Tite 47, Section 503). 12

roe Nomick rEquiRED By ThE PAPERWORK REDUCTION ACT "The public reportingfor thi collection ofinformation is estimated t average 2 hours perresponse, including th time for reviewing instructions, searching existing data sources, gatheringand maintaining the required dat, and completingand reviewing the collection ofinformation. Ifyou have any comments on this burden esimate, or how we can improve the cllection and reduce the burden it causes you. please wrteto the Federal Communications Commission, AMD—PERM, Paperwork Reduction Proect (3060—0678), Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects ofths collction viatheIntemt if you send them tofboley@eegov. PLEASE o Nor sn comPLETED FoRMs To TiAboress. Remember — You are not required to respond to a cllectionoinformation sponsored by the Federal govemment,and the goverment may not conduct or sponsor thiscolletion, unless t displays a currenty valid OME control number or ifwfail to provide you with this notice. ‘This collectionhas beenassigned an OMB control number of3060—0678. Titk FOREGOING NOTICE 1s REQUIRED BY TiE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104—13, OCTOBER 1, 1995, 41 U..C. SECTION 3807, 13


Document Created: 2004-10-19 15:36:48
Document Modified: 2004-10-19 15:36:48
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