Attachment Grant

Grant

DECISION submitted by IB,FCC

Grant

2008-04-02

This document pretains to SAT-MOD-20070919-00129 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2007091900129_632949

Approved by OMB 3060-0678 Date & Time Filed: Sep 19 2007 5:36:19:926PM File Number: SAT-MOD-2007091 9-00 129 FCC APPLICATION FOR SPACE AND EARTH STATI0N:MOD OR AMD - MAIN FORM FCC Use Only FCC 3 12 MAIN FORM FOR OFFICIAL USE ONLY Enter a description of this application to identi@ it on the main menu: New IC0 LO1 Technical Mod Application 1-8. Legal Name of Applicant Name: New IC0 Satellite Services G.P. Phone Number: 425-828-8000 DBA Fax Number: Name: Street: 2300 Carillon Point E-Mail: City: Kirkland State: WA Country: USA Zipcode: 98033 - Attention: Dennis Schmitt

New IC0 Satellite Services G.P. Applications to Modify its 2 GHz MSS Spectrum Reservation, IBFS File Nos. SAT-MOD-200709 19-00129, and SAT-AMD-2007 1129-00166 Attachment - Conditions of Authorization Call Sign: S2651 April 2, 2008 New I C 0 Satellite Services G.P’s (New ICO) applications, IBFS File Nos. SAT-MOD- 20070919-00129 and SAT-AMD-20071129-00166, to modify its 2 GHz MSS Spectrum Reservation (Spectrum Reservation), are GRANTED and the Commission’s licensing database will reflect these changes.’ Accordingly, New ICO’s Spectrum Reservation is modified to reflect operation of the ICO-GI satellite at the 92.85” W.L. orbital location using the 2000-2020 and 2180-2200 MHz frequency bands, and the 29.25-30.0 GHz (space-to-Earth) and 18.55 -18.8119.7- 20.2 GHz (Earth-to-space) frequency bands for feeder link transmissions and for on-station Tracking, Telemetry, and Control (TT&C) transmissions at 29.9955 GHz and 29.9995 GHz (command), and 20.1965 and 20.1985 GHz (telemetry), subject to the terms of the Spectrum Reservation, as amended, the technical specifications set forth in its applications, the conditions set forth below, and the Commission’s rules. 1. New ICO’s request for a waiver of 47 C.F.R. 8 25.210(i) is GRANTED. Section 25.21O(i) requires space station antennas in the Fixed-Satellite Service to provide cross- polarization isolation such that the ratio of the on-axis co-polarization gain to the cross- polarization gain of the antenna in the assigned frequency band shall be at least 30 dB within its primary coverage area. The cross-polarization requirement serves to minimize the interference between adjacent satellites when both are carrying analog video signals with highly peaked spectra. New I C 0 states that its Ka-band feeder link beams for the IC0 G1 satellite provide minimum cross-polarization isolation of 24 dB for the receive beam, and 27 dB for the transmit beam. It also states the minimum cross-polarization isolation of the Ka-band TT&C horn antennas is 23 dB for both the receive and transmit directions. New IC0 states that its downlink cross-polarization shortfall will not significantly increase the noise floor of adjacent Ka-band satellites. Accordingly, we grant this waiver request with the condition that the operation of the I C 0 GI satellite shall not cause more interference to U.S. services being provided by any authorized system that is two-degree spacing compliant than would be caused if the I C 0 G1 satellite complied with Section 25.210(i). Further, New IC0 shall not claim protection against interference to its operations caused by U.S. services being provided by the two-degree spacing compliant satellites if such interference results from failure of I C 0 GI to comply with Section 25.210(i) of the Commission’s rules. 2. New ICO’s request for a partial waiver of 47 C.F.R. 8 25.1 14(d)(3) is GRANTED. Section 25.1 14(d)(3) requires applicants to provide the predicted space station antenna gain contour(s) for each transmit and each receive antenna beam and nominal orbital location requested. New IC0 has provided a representative uplink spot beam and a representative downlink spotbeam. Because the information provided by New IC0 its Schedule S Form is The modification and amendment were placed on public notice and no comments were filed. See Policy Branch, Policy Branch Information, Satellite Space Applications Accepted for Filing, Report No. SAT- 00485.

sufficient for us to determine whether the system meets the Commission’s technical requirements, we grant New ICO’s request for a partial waiver of Section 25.1 14(d)(3). 3. New ICO’s request for partial waiver of 47 C.F.R. 8 25.202(g) is DEFERRED. Section 25.202(g) requires applicants to conduct TT&C functions for U.S. domestic satellites at either or both edges of the allocated band(s) and to select frequencies, polarization, and coding that minimizes interference into other satellite networks and within one’s own satellite system. New I C 0 proposes to use C-band frequencies between its satellite and a control station in the U.S. to transmit signals for transfer orbit and contingency operations. We will address requests for a waiver of Section 25.202(g) in the context of an earth station application that seeks authority to use C-band frequencies for its transfer orbit and contingency TT&C operations. 4. New I C 0 is afforded 30 days from the date of this action to decline the modifications to its Spectrum Reservation. Failure to respond within this period will constitute formal acceptance of the Spectrum Reservation as conditioned. 5. This action is issued pursuant to the Commission’s rules on delegated authority, 47 C.F.R. 8 0.261, and is effectively immediately. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission’s rules, 47 C.F.R. $5 1.106 and 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken. 2

19- 16. Name of Contact Representative Name: Cheryl A. Tritt Phone Number: 202-887-1510 Company: Morrison & Foerster LLP Fax Number: 202-887-0763 Street: 2000 Pennsylvania Ave., NW E-Mail: ctritt@mofo.com Suite 5500 City: Washington State: DC Country: USA Zipcode: 20006- Attention: Cheryl A. Tritt Relationship: Legal Counsel I CLASSIFICATION OF FILING 17. Choose the button next to the Aassification that applies to this filing for @/A) b 1. Application for License of New Station 00th 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. 0 b3. Amendment to a Pending Application @ b4. Modification of License or Registration 0 a1. Earth Station b5. Assignment of License or Registration a2. Space Station b6. Transfer of Control of License or Registration 0 b7. Notification of Minor Modification @/A) b8. Application for License of New Receive-Only Station Using Non-U.S. Licensed Satellite @/A) b9. Letter of Intent to Use Non-U.S. Licensed Satellite to Provide Service in the United States @/A) b 10. 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) b 12. Application for Database Entry 0 b 13. Amendment to a Pending Database Entry Application 0 b14. Modification of Database Entry 2

17c. Is a fee submitted with this application? 0 If Yes, 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): Letter of Intent authorization 17d. Fee Classification CWY - Space Station Amendment(Geostati0nary) 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@)of service(s): Select all that apply: a. Fixed Satellite b. Mobile Satellite c. Radiodetermination Satellite 0d. Earth Exploration Satellite 0e. Direct to Home Fixed Satellite f. Digital Audio Radio Service 0g. Other (please specify) !1. STATUS: Choose the button next to the applicable status. Choose 122. If earth station applicant, check all that apply. mly one. 0 Using U.S. licensed satellites 0 Common Carrier @ Non-Common Carrier Using Non-U.S. licensed satellites I !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 @ N/A 24. FREQUENCY BAND(S): Place an 'X' in the box(es) next to all applicable frequency band(s). 7a. C-Band (4/6 GHz) 0b. Ku-Band (12/14 GHz) a c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: 2000 Frequency Upper: 2200 (Please spec@ 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. 0 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 Q f. Non-Geostationary Space Station Q g. Other (please specie) 26. TYPE OF EARTH STATION FACILITY Q TransmitReceive 0 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.) 0a -- authorization to add new emission designator and related service 0b -- authorization to change emission designator and related service c -- authorization to increase EIRP and EIRP density d -- authorization to replace antenna e -- authorization to add antenna f -- authorization to relocate fixed station 0g -- authorization to change frequency(ies) h -- authorization to add frequency 0i -- authorization to add Points of Communication (satellites & countries) 0j -- authorization to change Points of Communication (satellites & countries) 0k -- authorization for facilities for which environmental assessment and radiation hazard reporting is required 01 -- authorization to change orbit location 0m authorization to perform fleet management -- 0n -- authorization to extend milestones o -- Other (Please specifl) 6

ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental Q Yes No impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.13 11 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? Q Yes Q No @ N/A Q 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 0 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 Q 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? IfYes, 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?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 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 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 "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 0 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. 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.) Modify Letter of Intent authorization. See Exhibit 1. i 10

43a. Geographic Service Rule Certification Q A 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. By selecting C, the undersigned certifies that the applicant is subject to the geographic service or geographic UC 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 1 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.) Q Individual 0 Unincorporated Association Partnership 0 Corporation Q Governmental Entity Q Other (please specify) 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 (US. Code, Title 18, Section lOOl), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (US. Code, Title 47, Section 3 12(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 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. 13


Document Created: 2008-04-02 13:36:41
Document Modified: 2008-04-02 13:36:41
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