Attachment LightSquared - Grant

LightSquared - Grant

DECISION submitted by IB,FCC

Grant extension of license term only

2014-02-11

This document pretains to SAT-MOD-20131204-00143 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2013120400143_1035116

*# Extension of L—iceng Term Only * * 1B2013002767 Tile # SNAT—MOD— 2013|204— 00143 AMSC—1 SAT—MOD—20131204—00143 or—in——Possession LightSquared Subsidiary LLC, Debt MSAT—2 Call Sign P~%&:L_ Grant i)::!g?__q_%-_/_j_\»lii (or othe: itifier) Term Dates — Approved by OMB To: _12/31/i4 _ 3060—0678 Date & Time Filed: Dec 42013 1:14:00:590PM . zo »]Qull___ File Number: SAT—MOD—20131204—00143 Chief., SmLe”n‘e Poh(fl Branch 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: Application to extend MSAT—2 license term until December 2014 1—8. Legal Name ofApplicant Name: LightSquared Subsidiary LLC, Phone Number: 703—390—2001 Debtor—in—Possession P DBA Fax Number: 703—390—2770 * Name: . Street: 10802 Parkridge Boulevard E—Mail: jeff.carlisle@lightsquared.com City: Reston State: VA Country: USA Zipcode: 20191 #= Attention: Mr. Jeffrey J. Carlisle

9—16. Name of Contact Representative Name: Bruce D. Jacobs Phone Number: 202—663—8000 Company: Pillsbury Winthrop Shaw Pittman Fax Number: 202—663—8007 LLP Street: 2300 N Street NW E—Mail: bruce.jacobs@pillsburylaw.com City: Washington State: DC Country: USA Zipcode: 20037— 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 {} al. Earth Station: b5. Assignment of License or Registration @ a2. Space Station b6. Transfer of Control of License or Registration {£34 b7. Notification of MinorModification (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 { 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). C Governmental Entity J Noncommercial educational licensee «4 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 ofstation: (a) Date pending application was filed: (b) File number: AMSC—1 _ SATMOD2012112800203 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 E b. Mobile Satellite D c. Radiodetermination Satellite D d. Earth Exploration Satellite D e. Direct to Home Fixed Satellite l:] £. 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. O Using U.S. licensed satellites ¢74 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: @ Connected to a Public Switched Network «34 Not connected to a Public Switched Network C 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) D b. Ku—Band (12/14 GHz)— E c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: 1530 Frequency Upper: 1559 (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. {74 a. Fixed Earth Station 3 b. Temporary—Fixed Earth Station {3 o. 12/14 GHz VSAT Network 4 d. Mobile Earth Station , o. Geostationary Space Station £4 . Non—Geostationary Space Station {4 g. Other (please specify) 26. TYPE OF EARTH STATION FACILITY: «3 Transmit/Receive g"% Transimit—Only ¢4 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 emissiqn 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 1 —— 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 D n —— authorization to extend milestones E:] o —— Other (Please specify)

ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental «y 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.FR. 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 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? {q Y° #® No 30. Is the applicant an alien or the representative of an alien? ; Yes @ No 534 N/A 31. Is the applicant a corporation organized under the laws of any foreign government? &4 Yes ®# N G 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 £4 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 @& Yss {q N G 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 Ownership Info. 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? «3 Yes @ 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 «4 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 «y 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, C3 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 y 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.

41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is y Yeos {4 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? IfYés, «3 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.) Applicant seeks authority to extend the license term for MSAT—2 until December 31, 2014. See Exhibit C attached. — Description of App. 10

43a. Geographic Service Rule Certification C 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. y 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 nextto applicable response.) 34 Individual gy Unincorporated Association {74 Partnership {74 Corporation 3 Governmental Entity & Other (please specify) 45. Name of Person Signing 46. Title of Person Signing Jeffrey J. Carlisle EVP, Public Policy and Regulatory Affalrs ——> WILLEUL 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@fec.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

Exhibit A Response to Question No. 24 (Frequency Bands) Service Links 1530—1 544 MHz & 1545—1559 MHz (downlink) 1631.5—1645.5 MHz & 1646.5—1660.5 MHz (uplink) Feeder Links 10.75—10.95 GHz (downlink) 13.0—13.15 GHz & 13.20—13.25 GHz (uplink) Telemetry, Tracking, and Command ("TT&C") Telemetry: 11.7005 GHz & 11.701 GHz Command: 14.0005 GHz & 14.4995 GHz 401406201v1

Exhibit B _ Response to Questions 34 and 40 (Ownership Information) The current ownership of LightSquared Subsidiary LLC, Debtor—in—Possession, is as follows: 1. LightSquared Subsidiary LLC, the Applicant, is a Delaware limited liability company that is the licensee. LightSquared Subsidiary LLC is a wholly—owned subsidiary of LightSquared LP, a Delaware limited partnership. The following entities hold ownership interests in LightSquared LP of ten percent or greater: a. LightSquared Investors Holdings Inc. directly holds approximately 78 percent of the ownership interests in LightSquared LP. b. TMI Communications Delaware, Limited Partnership holds approximately 22 percent of the ownership interests in LightSquared LP. c. LightSquared GP Inc. controls LightSquared LP as its General Partner. LightSquared Investors Holdings Inc. is a Delaware corporation, and is a wholly— owned subsidiary of LightSquared Inc. TMI Communications Delaware, Limited Partnership is a Delaware limited partnership. The following entities hold ownership interests in TMI Communications Delaware, Limited Partnership of ten percent or greater: a. LightSquared Investors Holdings Inc. holds 100 percent of the ownership interests in TMI Communications Delaware, Limited Partnership. b. SkyTerra Rollup Sub LLC controls TMI Communications Delaware, Limited Partnership as its General Partner. LightSquared GP Inc. is a Delaware corporation that serves as a holding company. The following entities hold ownership interests in LightSquared GP Inc. of ten percent or greater: a. LightSquared Investors Holdings Inc. holds approximately 78 percent of the ownership interests in LightSquared GP Inc. ' b. TMI Communications Delaware, Limited Partnership holds approximately 22 percent of the ownership interests in LightSquared GP Inc. SkyTerra Rollup Sub LLC, a Delaware limited liability company, is a wholly—owned subsidiary of SkyTerra Rollup LLC.

SkyTerra Rollup LLC also is a Delaware limited liability company. SkyTerra Rollup LLC and LightSquared Investors Holdings Inc. are wholly—owned subsidiaries of LightSquared Inc., a Delaware corporation that manages the overall operations of the LightSquared corporate structure. Each of the other entities identified above is essentially a holding company for various assets connected to those operations. Each of the entities identified above can be contacted care of LightSquared Subsidiary LLC at the address listed in the associated Form 312. 10. LightSquared Inc. is owned and controlled by individuals and entities affiliated with HarbingerCapital Partners— ("Harbinger").~Extensive information about the ownership of Harbinger;, including its foreign ownership, is on file with the Commission in IB Docket No. 08—184, as updated periodically. See, e.g., Letter from Henry Goldberg, Counsel to Harbinger Capital Partners, to FCC, IB Docket No. 08—184 (November 11, 2013). LightSquared incorporates this information by reference. Notably, the Commission has issued a declaratory ruling under Section 310(b)(4) of the Communications Act, as amended, 47 U.S.C. § 310(b)(4), permitting Harbinger—affiliated entities to exceed the 25 percent limit on foreign ownership that otherwise would be applicable in connection with their interests in LightSquared. See SkyTerra Communications, Inc., Memorandum Opinion and Order and Declaratory Ruling, 25 FCC Red 3059, at 4 16—27 (2010). LightSquared Subsidiary LLC has no officers or directors.

Exhibit C Description of Application LightSquared Subsidiary LLC ("LightSquared") hereby requests authority to extend the MSAT—2 license term for one year until December 31, 2014.‘ LightSquared has launched and commenced operations of SkyTerra 1, the replacement satellite for MSAT—2." All customers continuing service on SkyTerra 1 have been transitioned successfully to the replacement satellite. A few customers either have elected not to transition to SkyTerra 1 or cannot do so because of technical reasons (i.e. the return carriers are not compatible with SkyTerra 1). These customers have asked that LightSquared continue to provide service on MSAT—2 while the satellite is operational. MSAT—2 also remains suitable as a back—up satellite for SkyTerra 1 customers, some of which provide service to government and public safety entities. Indeed, the ability of MSAT—2 to provide restoral service was demonstrated in 2012 when traffic on SkyTerra 1 was restored on MSAT—2, following the temporary upset of SkyTerra 1 by unusually intense solar activity." Accordingly, for these reasons, LightSquared seeks an extension of the MSAT—2 license. LightSquared proposes no changes fo the technical operations of MSAT—2 and has completed coordination of the satellite‘s operations for the extended period with all affected satellite operators. The proposed license extension does not impact the orbital debris mitigation plan for the satellite. LightSquared has confirmed that at the conclusion ‘ The license for MSAT—2 expires on December 31, 2013. See Stamp Grant, File No. SAT—MOD— 20121128—00203 (granted January 24, 2013). * See Report No. SAT—00759 (February 18, 2011); Letter from Bruce D. Jacobs to Marlene H. Dortch, Call Sign $2358 (January 21, 2011). See Annual Satellite Status Report, Letter from Jeffrey Carlisle, Executive Vice President, LightSquared, to Mindel De La Torre, Chief, International Bureau, Call Sign AMSC—1 and $2358 (June 29, 2012). 404215825v1

of the requested extension period MSAT—2will have sufficient fuel to de—orbit to a disposal altitude that complieswith the Inter—Agency Space Debris Coordination Committee standard, as stated in the MSAT—2 orbital debris mitigation plan.4 For the abovereasons, LightSquared submits that grant of this application—serves the public interest. * See Technical Narrative, FileNo. SES—MFS—20070530—00731, at 35—36. 2 404215825v1


Document Created: 2014-02-11 18:04:54
Document Modified: 2014-02-11 18:04:54
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