Attachment redacted

This document pretains to SAT-MOD-20060929-00113 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2006092900113_532977

HOGAN Is( Hogan & Hartson LLP Columbia Square HARTSON 555 Thirteenth Street, NW Washington, DC 20004 +1.202.637.5600 Tei RECEIVED - FCC +1.202.637.5910 Fax www. htr law.corn OCT 1 2 2006 October 12,2006 Karis A. Hastings Counsel + I .202.637.5767 kahastings@hhlaw.com BY HAND DELIVERY PUBLIC COPY (REDACTED) Mr. Robert Nelson Chief, Satellite Division International Bureau Federal Communications Commission 445 Twelfth Street, S.W. Washington, DC 20554 Re: SES Americom, Inc., File No. SAT-MOD-20060929-001 13 Amendment to Memorandum of Agreement among Telesat Canada, EchoStar Satellite L.L.C. and SES Americom, Inc. Dear Mr. Nelson: SES Americom, Inc. (“SES Americom”), by its attorneys, hereby submits a redacted copy of Amending Agreement No. 1 (“Amendment”) to the Memorandum of Agreement by and among Telesat Canada, EchoStar Satellite L.L.C. and SES Americom in support of the above-referenced application for modification of the AMC- 16 license. SES Americom is concurrently filing an unredacted copy of the Amendment with a request for confidential treatment.

Mr. Robert Nelson October 12, 2006 Page 2 Please address any questions regarding this matter to the undersigned. Respectfully submitted, SES Americom, Inc. . Z4 By _1 _E ccoghrnennss., 7 nadas Peter A. Rohrbach Karis A. Hastings Counsel for SES Americom, Inc. Enclosure

‘I’IIISABIENDING AGKEEMENT NO. 1 is made in triplicate as of the(, *J’. bay of Septenibcr, 2006. BY AND AMONG: TELESAT CANADA, a company incorporated under the laws of Canada, with offices at 1601 Telesat Court, Glouccstcr, Ontario K1B 5P4, Canada (hereinafter referred to as “Telesat”); AND: ECHOSTAR SATELLITE L.L.C., a limited liability company organized under the laws of the State of Colondo, with ofices at 9601 S. Meridian Blvd., Englewood, Colorado USA 80 I 12 (hereinafter referred to as “EchoStslt”); AND: SES AMEFUCOM, INC., a company incorporated under the laws of the State of Delaware, with offices at Four Research Way,Princeton, New Jersey, USA 08540 (hereinafter rcferred to as “SES AMERICOM”). WHEREAS, the Parties entered into a Memorandum of Agreement dated June 20,2005 (the “MOA”). WHEREAS, the Parties desire to amend the MOA. NOW TLIEREFORE THIS AMENDING AGREEMENT NO. 1 WITNESSETH THAT, in consideration of the mutual covenants agreement herein contained, the Parties hereto agree as follows: 1.O The following new Section 12 shall be added: 12. Operation and Use of Ka-band on AMC-16. Telesat filed a request with Industry Canada on July 7,2006 for authorization to use the Ka-band payload of AMC-16 to provide a service into Canada (the “Lndustry Canada Ka-Band Approval”). Telesat agrees to consult regularly with Echostar and SES AMERICOM during the regulatory process for the lndustry Canada Ka-Band Approval, and shall advise Echostar and SES Ah4ERICOM on a timely basis of all material developments concerning such process. Telesat agrees that if any filing or submission made by Telesat during the regulatory process for the Industry Canada Ka-Band Approval mentions EchoSbr or SES AMERICOM or any of the terms or conditions set forth in this Agreement, then it shall obtain the prior approval of EchoStar and SES AMERICOM before filing or submitting such material to any governmental entities, such approval not to be unreasonably withheld or delayed. Upon the request of Telesat, SES AMERICOM agrees to provide reasonable support to assist Telesat in the regulatory process for the Industry Canada Ka-Band Approval. Promptly up03 the receipt of the authorization from lndustry Canada, SES AMERICOM shall commence operations of the Ka-band payload of PUMC-16 for the Term of the MOA. Notwithstanding Section 8 (Exclusive Use by Echostar) in the hiZOA, the Parties agree that Telesat shall be entitled to use and provide Ka-band services from AMC-16 for the Term of the MOA. REDACTED

Amcnding Agreemcnt No. 1 to the Memorandum of' Agrcemcnt (AMC-16) Page 2 of 2 REDACTED 2.0 In all other respects, the Parties confirm the terms and conditions of the MOA continue in hll force and effect. IN WITNESS WHEREOF each of the Parties hereto has duly exccuted this Amending Agreement No. 1 under the hands of its proper officcrs duly in that bchalf as of the day and year first written above. SES AMERICOM, INC. BY: NAME: TITLE: DATE:

Anlending Agreement No. 1 to the Memorandumof Agreement (AMC-16) Page 2 of 2 REDACTED 2.0 Ln all other respects, the Parties confirm the terms and conditions of the MOA continue in full force and effect. 1N WITNESS WHEREOF each of the Parties hereto has duly executed ths Amending Agreement No. 1 under the hands of its proper o!'ficers duly authorized in that behalf 3s of the day and year first written above. * : TELESAT CANADA ECHOSTAR SATELLITE L.L.C. BY: BY: NAME: N M : TITLE: TITLE: BY: I DATE NAME: DATE: SES AMEIUCOM, INC. BY: NAME:


Document Created: 2006-10-23 15:33:58
Document Modified: 2006-10-23 15:33:58
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