Attachment SES - Grant Feb 24 -

This document pretains to SAT-MOD-20110929-00192 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2011092900192_942974

Fil #_SAT—mOD—20110829— C092 Call Sign §215(0 GrantDais O2124/2 (or other identifier) Term Dates Approved by OMB From ‘O2/ZL'/ 12 To: _1 /20( 13 3060—0678 Date & Time Filed: Sep 29 2011 2:39:51:900PM 1 Bureau Approved: File Number: SAT—MOD—20110929—00192 s#with corditions tepbén J. Duail Chief, Satellike Policy Brnch FCC APPLICATION FOR SPACE AND EARTH STATION:MOD OR AMD — MAIN FORM 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: AMC—5 ($2156) Mod for Reassignment to 80.9 W.L. 1—8. Legal Name ofApplicant Name: SES Americom, Inc. Phone Number: 202—478—7137 DBA Fax Number: 202—478—7101 Name: Street: 1129 20th Street NW E—Mail: daniel.mah@ses.com Suite 1000 City: Washington State: DC Country: USA Zipcode: 20036 — Attention: Mr. Daniel C.H. Mah

Attachment to Grant SES Americom, Inc. IBFS File No. SAT—MOD—20110929—00192 Call Sign $2156 The application of SES Americom, Inc. (SES Americom), IBFS File No. SAT—MOD—20110929— 00192, to modify the authorization for its geostationary—satellite orbit AMC—5 space station (Call Sign $2156), to specify operations at the 80.90° W.L. orbital location, rather than at 79.10° W.L., is GRANTED. Accordingly, SES Americom is authorized to operate AMC—5 at 80.90° W.L. and to provide Fixed—Satellite Service (FSS), including direct—to—home services, in the 11.7—12.2 GHz (space—to—Earth) and 14.0—14.5 GHz (Earth—to—space) frequency bands, in accordance with International Telecommunication Union (ITU) filings of the Administration of Argentina.‘ In addition, SES is authorized to conduct Telemetry, Tracking, and Telecommand (TT&C) operations necessary to maintain AMC—5 at 80.90° W.L. using center frequencies located at 14.001 GHz (telecommand) and 11.701 and 11.702 GHz (telemetry).2 These operations are authorized in accordance with the technical specifications set forth in SES Americom‘s application, Federal Communication Commission (Commission) rules, and the conditions set forth below. 1. All operations shall be on an unprotected and non—harmful interference basis, i.e., SES Americom shall not cause harmful interference to, and shall not claim protection from interference caused to it by, any other lawfully operating station. In the event of any harmful interference, SES Americom shall cease operations immediately upon notification of such interference, and shall inform the Commission, in writing, immediately of such an event. 2. SES Americom is granted a waiver of Section 25.210(j) of the Commission‘s rules, 47 C.E.R. § 25.210(j). Section 25.210(j) requires geostationary space stations to be "be maintained within +/—0.05° of their assigned orbital longitude in the east/west direction, unless specifically authorized by the Commission to operate with a different longitudinal tolerance." SES Americom proposes to operate AMC—5 at the 80.90° W.L. orbital location with an east—west station—keeping tolerance of +/—0.1 degrees. SES Americom states that AMC—5‘s +/— 0.1 degree stationkeeping volume will not overlap with any other spacecraft, and thus AMC—5‘s operations will not adversely affect the operations of other spacecraft. This waiver and the operations it permits shall terminate in the event that a satellite is launched into a location such that its station— keeping volume would overlap AMC—5‘s +/—0.1 degree station—keeping volume, but would not overlap AMC—5‘s +/—0.05 degree stationkeeping volume, unless SES Americom has successfully coordinated AMC—5°s physical operations with those of the other spacecraft. 3. SES Americom shall maintain full operational control of AMC—5 at all times. 4. This authorization is issued on the express understanding that, to the extent SES ‘ AMC—5 departed from 79.10° W.L. on November 21, 2011. See Letter from Karis A. Hastings, Counsel for SES Americom, Inc. to Marlene H. Dortch, Secretary, FCC, dated Nov. 21, 2011 in IBFS File No. SAT—STA—20110929— 00191. AMC—2 departed from 78.95° W.L. on October 26, 2011. See Letter from Karis A. Hastings, Counsel for SES Americom, Inc. to Marlene H. Dortch, Secretary, FCC, dated Oct. 31, 2011 in IBFS File No. SAT—STA— 20111017—00205. Accordingly, as of November 21, 2011, SES Americom no longer operates a space station at the nominal 79° W.L. orbital location in the 3700—4200 MHz, 5925—6425 MHz, 11.7—12.2 GHz and 14.0—14.5 GHz frequency bands. > On December 22, 2011, SES Americom filed a letter to clarify certain aspects of the telemetry, tracking and telecommand operations of AMC—5 at 80.90° W.L. Letter from Karis Hastings, Counsel for SES Americom, Inc., to Marlene H. Dortch, Secretary, Federal Communications Commission, IBFS File No. SAT—MOD—20110929—00192 (filed Dec. 22, 2011). This grant takes into account those clarifications. 1

Attachment to Grant SES Americom, Inc. IBFS File No. SAT—MOD—20110929—00192 Call Sign 82156 Americom and its affiliated companies, pursuant to any arrangement with EMPRESA ARGENTINA DE SOLUCIONES SATELITALES SOCIEDAD ANONIMA AR—SAT, and its affiliated companies, will conform its operations to any parameters agreed to in coordination agreements between the Administration of Argentina and other Administrations, responsibility for both compliance with, and enforcing compliance with, those arrangements and agreements is a matter that would arise under private law. 5. This authorization is issued with the understanding that this grant is not an approval of any specific arrangement entered into by SES Americom, its subsidiaries and affiliates, nor of any specific provision of any such arrangement concerning operation of the AMC—5 space station, nor is this grant an approval of an arrangement/agreement concerning any related matter, nor of any specific provision of any such arrangement/agreement concerning any related matter. 6. This authorization is issued with the understanding that the United States remains the licensing Administration of the AMC—5 space station and its communications payloads, for purposes of ITU Radio Regulation 18.1, and that any operations of AMC—5 at the 80.90° W.L. orbital location are pursuant to ITU Radio Regulation 4.4. 7. This authorization is issued with the understanding that, with respect to its filings with the ITU for the 80.90° W.L. orbital location, the Administration of Argentina is not acting pursuant to Article 9 of the Radio Regulations on behalf of the United States Administration. 8. This authorization is issued with the understanding that this grant does not in any way express a view concerning, or agreement as to, the validity or lack of validity of any ITU filing at or within the vicinity of the 80.90° W.L. orbital location. 9. In connection with the provision of service in any particular country, SES Americom is obliged to comply with the applicable laws, regulations, rules, and licensing procedures of that country. 10. Grant of this authorization does not convey to SES Americom any authority to operate a space station at the 80.90° W.L. orbital location beyond the term granted herein, nor any status in the United States satellite licensing process relative to applications for authority to operate a regularly authorized satellite at this orbital position. 11. Nothing in this authorization extends the license term for AMC—5 (Call Sign $2156), which expires on November 20, 2013. See IBFS File No. SAT—MOD—20100706—00154. 12. The authority for end—of—life operations granted in conditions 4, 5 and 6 of IBFS File No. S;AT—MOD-20100706-00154 is not affected by this modification and continues to remain in force. 13. SES Americom has 30 days from the date of this grant to decline this authorization as conditioned. Failure to respond within that period will constitute formal acceptance of the authorization as conditioned. 3 SES Americom, IBFS File No. SAT—MOD—20100706—00154 (granted Jan. 20, 2011). 2

Attachment to Grant SES Americom, Inc. IBFS File No. SAT—MOD—20110929—00192 Call Sign $2156 14. This action is issue pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective 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. §§ 1.106 and 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken. File # SAT—mob— 201109829— 00192 mnemmmeemommsemmmemcmminas i Call Sign $215G Grant Date O2/24 /2 (or other identifier) Term Dates From 02 /2"‘ l‘z To: l1 /20/'3 ChieF, Satellike Pohc;j Branch

9—16. Name of Contact Representative Name: Karis A. Hastings Phone Number: 202—599—0975 Company: SatCom Law LLC Fax Number: Street: 1317 F Street, NW, Suite 400 E—Mail: karis@satcomlaw.com City: Washington State: DC Country: USA Zipcode: 20004— Attention: Relationship: Legal Counsel CLASSIFICATION OF FILING 17. Choose the button next to the classification that applies to this filing for (N/A) 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. £4 b3. Amendment to a Pending Application @ b4. Modification of License or Registration 3 al. Earth Station b5. Assignment of License or Registration @ a2. Space Station b6. Transfer of Control of License or Registration C 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) (N/A) b11. Application for Earth Station to Access a Non—U.S.satellite Not Currently Authorized to Provide the Proposed Service in the Proposed Frequencies in the United States (N/A) b12. Application for Database Entry «34 b13. Amendment to a Pending Database Entry Application «4 b14. Modification of Database Entry

17¢. Is a fee submitted with this application? @ IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). 4 Governmental Entity g;4 Noncommercial educational licensee 3 Other(please explain): 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: $2156 SATMOD2011071400126

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: E a. Fixed Satellite D b. Mobile Satellite D c. Radiodetermination Satellite D d. Earth Exploration Satellite E;] e. Direct to Home Fixed Satellite D £. Digital Audio Radio Service D g. Other (please specify) 21. STATUS: Choose the button next to the applicable status. Choose {22. If earth station applicant, check all that apply. only one. I:] Using U.S. licensed satellites C3 Common Carrier @ Non—Common Carrier D Using Non—U.S. licensed satellites 23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one. Are these . facilities: 34 Connected to a Public Switched Network g"4 Not connected to a Public Switched Network g 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) E b. Ku—Band (12/14 GHz) E] c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: Frequency Upper: (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. 3 a Fixed Earth Station «34 b. Temporary—Fixed Earth Station «4 c. 12/14 GHz VSAT Network g4 d. Mobile Earth Station @ e Geostationary Space Station 34 f. Non—Geostationary Space Station {) & Other (please specify) 26. TYPE OF EARTH STATION FACILITY: C Transmit/Receive C Transmit—Only C Receive—Only @ N/A "For Space Station applications, select N/A."

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

ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposalin this application or amendment have a significant environmental C Yes ©@ No impact as defined by 47 CFR 1.1307? 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 acronautical 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? «; Yes @ No 30. Is the applicant an alien or the representative of an alien? £, Yes @ No 4 N/A 31. Is the applicant a corporation organized under the laws of any foreign government? ; Yes @ No &4 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 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 § Yes (3; 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, 31, 32 and/or 33 is Yes, attach as an exhibit an identification of the aliens or Exh A and B 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 £4 No IfYes, 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 «y 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? IfYes, attach as an exhibit, an explination of circumstances.

37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling 4 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, &4 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 e RG @ No matter referred to in the preceding two items? If yes, attach as an exthinit, 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.

41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is Yes «y 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, 4 Yes & 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? 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.) SES Americom, Inc. hereby seeks a modification of the license for AMC—5, call sign §$2156, to reassign the satellite to 80.90 deg. W.L. with an east—west stationkeeping tolerance of +/—0.1 degrees. At that location, AMC—S5 will operate pursuant to Argentine ITU filings. Narr and Tech App 10

43a. Geographic Service Rule Certification @ 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. & B 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. «4 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.) C Individual g4 Unincorporated Association q4 Partnership @ Corporation {3$ Governmental Entity C Other (please specify) 45. Name of Person Signing 46. Title of Person Signing Daniel C.H. Mah Regulatory Counsel ——> 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). 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 PRA@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: 2012-03-07 13:23:41
Document Modified: 2012-03-07 13:23:41
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