Attachment GRANT

GRANT

DECISION submitted by IB,FCC

GRANT

2008-04-02

This document pretains to SAT-MOD-20070806-00110 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2007080600110_632945

Approved by OMB 3060-0678 Date & Time Filed: Aug 6 2007 3:07:02:630PM File Number: SAT-MOD-20070806-00 110 FCC APPLICATION FOR SPACE AND EARTH STATI0N:MOD OR AMD - MAIN FORM FCC Use Only FCC 3 12 MAIN FORM FOR OFFICIAL USE ONLY WA 98033 1

ATTACHMENT TO GRANT IBFS File Nos. SAT-MOD-20070806-00110 and SAT-AMD-2007 1109-00155 Call Sign: S2651 April 2,2008 New I C 0 Satellite Services G.P.’s (New ICO’s) applications, IBFS File Nos. SAT-MOD- 20070806-00 110’ and SAT-AMD-2007 1109-00155,* to modify its 2 GHz Mobile Satellite Service (MSS) Spectrum Reservation (Spectrum Reservation) are GRANTED.3 Accordingly, New ICO’s Spectrum Reservation is modified to reflect an extension of its milestones to launch its satellite, IC0 G-I, at the 92.85” W.L. orbital location from November 30, 2007 to 2008 and its final milestone requiring it to certify that its entire system is operational December 3 I , 2007 to May 15,2008 subject to the following conditions: 1. Unless extended by the Commission for good cause shown, New IC0 must co construction and launch its satellite and certify that its entire system is operation accordance with the modified milestone dates granted here and the technical par Spectrum Reservation. Failure to do so shall render its Spectrum Reservation n 2. New IC0 is afforded 30 days from the date of this action to decline this Spectrum Reservation as conditioned. Failure to respond within this period will constitute a acceptance of the Spectrum Reservation as conditioned. 3. This action is issued pursuant to 47 C.F.R. 5 0.261 of the Commission’s rules on d authority and is effective immediately. The extension request was placed on Public Notice on August 17,2007. Report No. S 00466. Supportive comments were filed by TerreStar Networks. No other comments w I - *.----I -, , The amendment was placed on Public Notice on Friday, November 23,2007. Report No. SAT-00483. No comments were filed during the 30 day comment period. On March 18, 2008, Sprint Nextel Corporation’s (Sprint Nextel’s) filed a letter requesting that the Commission impose conditions related to Broadcast Auxiliary Service (BAS) relocation costs on any grant of New ICO’s milestone extension. See Letter to Marlene H. Dortch, Secretary FCC, from Lawrence R. Krevor, Vice President - Spectrum, Sprint Nextel Corp. (March 18,2008). On March 24,2008, New I C 0 filed a response to the Sprint Nextel letter opposing Sprint Nextel’s request on procedural as well as substantive grounds. See Letter to Marlene H. Dortch, Secretary, FCC, from Suzanne Hutchings Malloy, Senior Vice President, Regulatory Affairs, New I C 0 Satellite Services G.P. (March 24, 2008). Sprint Nextel’s request does not advance any public interest considerations related to the Commission’s milestone policies. In its filing, Sprint Nextel does not oppose or in any way address the issue of ICO’s adherence to satellite milestone requirements. We dismiss Sprint Nextel’s request on this basis. Also, the New I C 0 milestone extension request does not seek to waive or modify the Commission’s BAS reimbursement rules or procedures. We note that issues related to BAS reimbursement costs have been raised in other Commission proceedings. We decline to address the merits of Sprint Nextel’s request in conjunction with New ICO’s milestone extension.

9-1 6. Name of Contact Representative Name: Cheryl A. Tritt Phone Number: 202-887-1 5 10 Company: Morrison & Foerster LLP Fax Number: 202-887-0763 Street: 2000 Pennsylvania Ave., N W E-Mail: ctritt@mofo.com Suite 5500 City: Washington State: DC Country: USA Zipcode: 20006- Attention: Cheryl A. Tritt Relationship: Legal Counsel CLASSIFICATION OF FILING 17. Choose the button next to the classification that applies to this filing for (N/A) b 1. Application for License of New Station both questions a. and b. Choose only one @/A) b2. Application for Registration of New Domestic Receive-Only Station for 17a and only one for 17b. Q b3. Amendment to a Pending Application b4. Modification of License or Registration 0 a l . Earth Station b5. Assignment of License or Registration @ a2. Space Station b6. Transfer of Control of License or Registration Q b7. Notification of Minor Modification (N/A) b8. Application for License of New Receive-Only Station Using Non-U.S. Licensed Satellite (N/A) b9. Letter of Intent to Use Non-U.S. Licensed Satellite to Provide Service in the United States (N/A) b10. Other (Please specify) @/A) bl 1. Application for Earth Station to Access a Non-U.S.satellite Not Currently Authorized o Provide the Proposed Service in the Proposed Frequencies in the United States @/A) b12. Application for Database Entry Q b 13. Amendment to a Pending Database Entry Application Q b 14. Modification of Database Entry 2

17c. Is a fee submitted with this application? 0 IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). 0 Governmental Entity 0 Noncommercial educational licensee @ Otherblease explain): Modification of 2 GHz MSS Letter of Intent Authorization 17d. Fee Classification BFY - Space Station Modification(Geostationary) 18. If this 'filing is in reference to an 19. If this filing is an amendment to a pending application enter both fields, if this filing is a existing station, enter: modification please enter only the file number: (a) Call sign of station: (a) Date pending application was filed: (b) File number: S265 1 SATMOD2006110900137 3

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: a. Fixed Satellite b. Mobile Satellite 0c. Radiodetermination Satellite 0d. Earth Exploration Satellite [7 e. Direct to Home Fixed Satellite f. Digital Audio Radio Service g. Other (please specifl) !1. STATUS: Choose the button next to the applicable status. Choose 22. If earth station applicant, check all that apply. Inly one. 0 Using U.S. licensed satellites 0 Common Carrier @ Non-Common Carrier 0Using Non-U.S. licensed satellites !3. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one. Are these acilities: 0 Connected to a Public Switched Network 0 Not connected to a Public Switched Network @ NIA 24. FREQUENCY BAND(S): Place an 'X' in the box(es) next to all applicable frequency band(s). 7 a. C-Band (4/6 GHz) b. Ku-Band (12/14 GHz) c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: 2000 Frequency Upper: 2200 (Please specify additional frequencies in an attachment) 4

TYPE OF STATION 25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one. Q a. Fixed Earth Station Q b. Temporary-Fixed Earth Station 0 c. 12/14 GHz VSAT Network 0 d. Mobile Earth Station @ e. Geostationary Space Station 0 f. Non-Geostationary Space Station Q g. Other (please specifl) 26. TYPE OF EARTH STATION FACILITY 0 TransmitlReceive Q Transmit-Only 0 Receive-Only @ N/A 'For Space Station applications, select N/A." 5

PURPOSE OF MODIFICATION 27. The purpose of this proposed modification is to: (Place an 'X' in the box(es) next to all that apply.) a -- authorization to add new emission designator and related service 0b -- authorization to change emission designator and related service 0c -- authorization to increase EIRP and EIRP density [7 d -- authorization to replace antenna e -- authorization to add antenna f -- authorization to relocate fixed station [7 g -- authorization to change frequency(ies) 0h -- authorization to add frequency 0i -- authorization to add Points of Communication (satellites & countries [7j -- authorization to change Points of Communication (satellites & countries) k -- authorization for facilities for which environmental assessment and radiation hazard reporting is required 0 1 -- authorization to change orbit location 0m -- authorization to perform fleet management n -- authorization to extend milestones 0o -- Other (Please specify) 6

ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental 0 Yes @ No impact as defined by 47 CFR 1.1307? If YES, 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 app1ication.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? 0 Yes @ No 30. Is the applicant an alien or the representative of an alien? 0 Yes No @ N/A 3 1. Is the applicant a corporation organized under the laws of any foreign government? 0 Yes 0 No @ 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 Q Yes Q No 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? 7

33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than 0 Yes Q 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, 30,3 1,32 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 0 No If Yes, 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 0 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? If Yes, attach as an exhibit, an explination of circumstances. 8

37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling 0 Yes @ No the applicant ever been convicted of a felony by any state or federal court? If Yes, 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, 0 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?If Yes, 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 0 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 beneficiaries. Also list the names and addresses of the officers and directors of the Filer. 9

41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is @ Yes Q No subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 530 1 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 Q 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. 2 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?United Kingdom 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.) This is an application for modification of a 2 GHz MSS letter of intent authorization to extend milestone deadlines. See Exhibit 1. 1 10

43a. Geographic Service Rule Certification QA By selecting A, the undersigned certifies that the applicant is not subject to the geographic service or geographic coverage requirements specified in 47 C.F.R. Part 25. 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. Q 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. 11

(44. Applicant is a (an): (Choose the button next to applicable response.) 0 Individual 0 Unincorporated Association @ Partnership 0 Corporation 0 Governmental Entity 0 Other (please specie) 45. Name of Person Signing 46. Title of Person Signing Dennis Schmitt Director WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Title 18, Section 100l), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)(l)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). 12

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@fcc.gov. PLEASE DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember - You are not required to respond to a collection of infomation 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 OMI3 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. 13

ATTACHMENT TO GRANT ? IBFS File Nos. SAT-MOD-20070806-00110 and SAT-AMD-20071109-00155 Call Sign: S2651 April 2,2008 New I C 0 Satellite Services G.P.’s (New ICO’s) applications, IBFS File Nos. SAT-MOD- 20070806-00110’ and SAT-AMD-2007 1109-00155,2 to modify its 2 GHz Mobile Satellite Service (MSS) Spectrum Reservation (Spectrum Reservation) are GRANTED? Accordingly, \ New ICO’s Spectrum Reservation is modified to reflect an extension of its milestones to launch its satellite, I C 0 G-1, at the 92.85” W.L. orbital location from November 30, 2007 to April 15, 2008 and its final milestone requiring it to certify that its entire system is operationa - % ) \ December 3 1, 2007 to May 15,2008 subject to the following conditions: 1. Unless extended by the Commission for good cause shown, New IC0 mus construction and launch its satellite and certify that its entire system is operation accordance with the modified milestone dates granted here and the technical p Spectrum Reservation. Failure to do so shall render its Spectrum Reservation 2. New IC0 is afforded 30 days from the date of this action to decline this Spectru Reservation as conditioned. Failure to respond within this period will constitute acceptance of the Spectrum Reservation as conditioned. 3. This action is issued pursuant to 47 C.F.R. 8 0.261 of the Commission’s rules o authority and is effective immediately. $ c 1 The extension request was placed on Public Notice on August 17,2007. Report No. SAT- 00466. Supportive comments were filed by TerreStar Networks. No other comments w The amendment was placed on Public Notice on Friday, November 23,2007. Report No. SAT-00483. No comments were filed during the 30 day comment period. On March 18,2008, Sprint Nextel Corporation’s (Sprint Nextel’s) filed a letter requesting that the Commission impose conditions related to Broadcast Auxiliary Service (BAS) relocation costs on any grant of New KO’s milestone extension. See Letter to Marlene H. Dortch, Secretary FCC, from Lawrence R. Krevor, Vice President - Spectrum, Sprint Nextel Corp. (March 18,2008). On March 24,2008, New IC0 filed a response to the Sprint Nextel letter opposing Sprint Nextel’s request on procedural as well as substantive grounds. See Letter to Marlene H. Dortch, Secretary, FCC, from Suzanne Hutchings Malloy, Senior Vice President, Regulatory Affairs, New I C 0 Satellite Services G.P. (March 24,2008). Sprint Nextel’s request does not advance any public interest considerations related to the Commission’s milestone policies. In its filing, Sprint Nextel does not oppose or in any way address the issue of ICO’s adherence to satellite milestone requirements. We dismiss Sprint Nextel’s request on this basis. Also, the New IC0 milestone extension request does not seek to waive or modify the Commission’sBAS reimbursement rules or procedures. We note that issues related to BAS reimbursement costs have been raised in other Commission proceedings. We decline to address the merits of Sprint Nextel’s request in conjunction with New ICO’s milestone extension.


Document Created: 2008-04-02 13:45:42
Document Modified: 2008-04-02 13:45:42
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