ViaSat 89 WL Replace

SUPPLEMENT submitted by ViaSat, Inc.

Submission of Escalating Bond

2017-04-17

This document pretains to SAT-MOD-20150618-00037 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2015061800037_1206422

555 Eleventh Street, N.W., Suite 1000 Washington, D.C. 20004-1304 Tel: +1.202.637.2200 Fax: +1.202.637.2201 www.lw.com FIRM / AFFILIATE OFFICES Barcelona Moscow Beijing Munich Boston New York Brussels Orange County Century City Paris April 17, 2017 Chicago Riyadh Dubai Rome Düsseldorf San Diego VIA ELECTRONIC FILING Frankfurt San Francisco Hamburg Seoul Hong Kong Shanghai Ms. Marlene H. Dortch Houston Silicon Valley London Singapore Secretary Los Angeles Tokyo Federal Communications Commission Madrid Washington, D.C. 445 12th Street, S.W. Milan Washington, D.C. 20554 Re: ViaSat, Inc., Replacement Satellite Bond, IBFS File Nos. SAT-LOI- 20140204-00013, SAT-AMD-20140218-00023, SAT-MOD-20150618- 00037; Call Sign S2917 Dear Ms. Dortch: ViaSat, Inc. (“ViaSat”) hereby submits a copy of the replacement performance bond that reflects the modified milestone and bond conditions for the above-referenced authorization re- issued on March 23, 2017. Should you have any questions regarding this filing, please contact the undersigned. Respectfully submitted, /s/ Elizabeth R. Park Enclosure cc: Stephen Duall

This bond is executed in Duplicate Bond No. 0696281 License and/or Permit Continuous Bond KNOW ALL MEN BY THESE PRESENTS, that we_ViaSat, Inc_, as Principal, and International Fidelity Insurance Company, a New Jersey corporation, as Surety, are held and firmly bound unto the United States Treasury, as Obligee, in the maximum penal sum of Two Million Six Hundred Thousand and No/100 ($2,600,000.00) U.S. Dollars, which said penal sum shall cover the maximum liability that may accrue through June 18, 2018 ("Maximum Accrual Date"), and which may be increased by Surety pursuant to the terms and conditions set forth below, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. WHEREAS, the above bounden the Principal has obtained authorization from the Federal Communications Commission ("FCC") for authority to access the United States market using a Geostationary Orbit ("GSO") Satellite pursuant to its applications, FCC File Nos. SAT—LOI—20140204— 00013, SAT—AMD—20140218—00023, SAT—MOD—20150618—0037; Call Sign _$2917_("Authorization"), in accordance with the terms and conditions set forth in the Conditions for Letter of Intent attached to the FCC‘s original grant of the Authorization on _June 18, 2014_, including the filing of this bond with the FCC pursuant to the Authorization; WHEREAS, on December 15, 2015, the FCC adopted revisions to its rules, which among other things eliminated all GSO space station construction milestones, except the requirement to bring the space station into operation at the assigned location within five years after grant of the authorization, and modified the bond requirements to replace the $3 million decreasing bond structure with a bond that increases from $1 million to $3 million on a pro rata basis over a five—year period, and the revised FCC rules became effective on September 19, 2016; WHEREAS, on March 23, 2017 the FCC granted the Principal‘s request to replace the milestone schedule and bond obligation in the Authorization with a single, final milestone and escalating bond requirement, and has reissued the Authorization with modified conditions to reflect these modified requirements; WHEREAS, the previously issued bond pursuant to the Application, bond number 0588382, is being replaced and superseded to reflect the new bond requirement; and WHEREAS, the Principal is required by law to file with the FCC a bond conditioned as hereinafter set forth: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall well and truly perform each and every obligation set forth below at the time and in the manner specified during the term of this bond, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED HOWEVER, that this bond is subject to the following conditions: 1. The GSO Satellite authorized by the FCC must be launched, positioned in its assigned orbital location, and operated in accordance with the station authorization no later than June 18, 2019. US—DOCS\83619387.1

2. This bond shall be in effect from March 23, 2017 until the FCC issues a notice of release of this bond. 3: Upon agreement by the Surety and the Principal, the maximum penal sum of this bond may be increased to cover the maximum liability that may accrue after the Maximum Accrual Date and until the Principal has satisfied the milestone set forth in paragraph 1. Failure of either party to increase the maximum penal sum pursuant to this paragraph shall not be considered a default hereof. If either party elects not to increase the maximum penal sum to cover any liability that may accrue after the Maximum Accrual Date, the Surety or the Principal, as the case may be, shall provide to the other party written notice of such election at least sixty (60) days prior to the Maximum Accrual Date. If the Surety and the Principal agree to increase the maximum penal sum beyond the Maximum Accrual Date, the maximum penal sum of the bond shall be increased on an annual basis, via a certificate or rider to this bond sent to the FCC and the Obligee, commencing on the day after the Maximum Accrual Date. Such certificate or rider shall increase the maximum penal sum in the amount by $400,000 per year until the earlier of (i) the date on which the condition in paragraph 1 above shall have been satisfied, and (ii) the date on which the Authorization is surrendered, revoked, or declared null and void. 4. In the event of a Notice of Default (¥.e., an order or public notice, or notice of action taken) issued by the FCC revoking or declaring null and void the Authorization, or accepting surrender of the Authorization by the Principal, the Surety shall be liable only up to the amount that equals $1,000,000 + $2,000,000*D/1827, where D is the lesser of 1827 or the number of days that have elapsed from June 18, 2014 until the date the authorization is surrendered, revoked or declared null and void, as identified in the Notice of Default. It is also understood and unconditionally agreed that upon receipt of such Notice of Default, the sole remedy under this bond will be the tender of payment of the amount calculated pursuant to this formula within thirty (30) business days of such Notice of Default, except that the liability of the Surety shall not exceed the maximum penal sum of the bond (taking into account any subsequent certificates or riders to the bond that may be executed, as described above). Any such Notice of Default made under this Bond shall be made in writing and shall be given by a personal delivery or expedited delivery service, postage pre—paid, addressed to the parties at the addresses specified below: To the Surety: International Fidelity Insurance Company 2999 Oak Rd., Ste 820 Walnut Creek, CA 94597 To the Principal: ViaSat, Inc. Attn: Office of the Chief Financial Officer 6155 El Camino Real Carlsbad, CA 92009 S; No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. 6. If any conflict or inconsistency exists between the Surety‘s obligation or undertakings as described in this bond and as described in other documents, statutes or regulations, then the terms of this bond shall prevail. PROVIDED FURTHER, that regardless of the number of years this bond shall continue or be continued in force and of the number of premiums that shall be payable or paid, the Surety shall not be liable US—DOCS\83619387.1

hereunder for a larger amount than the maximum penal sum (taking into account any subsequent certificates or riders to the bond that may be executed, as described above). PROVIDED FURTHER, that this bond shall be effective on the 23rd day of March, 2017 and shall cease at such time as the FCC confirms that the Principal has satisfied the milestone set forth in paragraph 1 above, unless earlier cancelled as provided herein. Signed, sealed and dated the 11th day of April, 2017. Principal: ViaSat, Inc. ShawnDuf , Senior Vice President and Chief Financial Officer Surety: International Fidelity Insurance Company By: W Jeremy Bdfk, An(@lFact US—DOCS\83619387.1

ACKNOWLEDGEMENT State ofArizona County of Maricopa On L?’ I /7 before me personally appeared Jeremy Polk whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document. (Seal) Notary Signature $ 4) Jessica Hollaender gE) ‘MRFiCGPACooNTY_ Jessica Holltzender 4 My Commission Expires — ABF & t January 13, 2021 My commission Expires January 13°", 2021

ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of é b\t’q 0 ) On D\’Afln‘l — *4b 11 before me, %‘DAAI), Nfllk\—{fi’l:/\h\% Ugllo V (insert name and fitle of the officer) personally appeared %\/wwn Dl,u%q/ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public — California ?, 2 San Diego County ] * M; Comm. Exelres Aug 30, 2018 E Signature WW (Seal) _ 2

Trei(ore) aze—7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102—5207 KNOW ALL MEN BY THESE PRESENTS: —That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint JESSICA HOLLAENDER, JEREMY POLK Phoenix, AZ. their true and lawful attorney(s)—in—fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other wrmngs obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, rgflulahon, contract or otherwise and the execution of such mstrument(an ursuance of these presents, shall be as binding upon the said_INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL OMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorne){_' is executed, and may be revoked, pursuant to and by authority of the By—Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretaryof the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys—in—Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation‘s seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corgorati_on may appoint and revoke the apfiomtmen of joint—control custodians, agents for acceptance of process, and Attorneys—in—fact with authority to execute waivers and consents on behalf of the Corporation; and $3) the signature of any such Officer of the Corporation and the Corporation‘s seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original snfinature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July, 2014. STATE OF NEW JERSEY County of Essex 22Z;/wfl* #A‘.4’_:(51* { ROBERT W. MINSTER Chief Executive Officer (International Fideli Insurance_ Company) and President (Allegheny Casualty Company) On this 22nd day of July 2014, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, | have hereunto set my hand affixed my Official Seal, uht) at the City of Newark, New Jersey the day and year first above written. "oRH. * Che is "ry * "u4',"‘ TWesloy & f \\ ay ?% Cp Unersaasy®" at _-'8 notary ;". FAUDT 1y le o ; *# pusuic @7 0}".. é. a\\\‘“ $4322 9an®,»** Iy se 1CM sG s (,g-‘\\ A NOTARY PUBLIC OF NEW JERSEY 4 My Commission Expires April 16, 2019 "r, "I" w 44 * NEW ;‘\“ d CERTIFICATION 1, the undersigned officer.of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foreyoing—copy of. the.Power of Attorney and affidavit, and the copy of the Sections of the By—Laws of said Companies as set forth in said Power of Attorney,« with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said origingls, and that the —said—Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, "I nave ‘hereunto set my hand this 11th day of April, 2017 MARIA BRANCO, Assistant Secretary —


Document Created: 2017-04-17 19:22:36
Document Modified: 2017-04-17 19:22:36
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