Attachment contract

contract

OTHER submitted by WB Holding 1 LLC

contract

2006-09-08

This document pretains to SAT-PDR-20020321-00027 for Petition for Declaratory Ruling on a Satellite Space Stations filing.

IBFS_SATPDR2002032100027_529515

Wilev Rein &Fielding LLP ORIGINAL Chin Kyung Yo0 1776 K STREET NW September 8,2006 202.719.3581 WASHINGTON, DC 20006 RECEIVED - FCC cyoo@wrf.com PHONE 202.719.7000 FAX 202.719.7049 Virginia Office Robert Nelson Chief - Satellite Division SEP - 8 2006 RECEIVED 7925 JONES BRANCH DRIVE International Bureau SUITE 6200 Communication bmmision McLEAN, VA 22102 Federal Communications Commission me PHONE 703.905.2800 445 Twelfth Street, S.W. Satellite DivisiDn FAX 703.905.2820 Washington, DC 20554 InternationalBureau www.wrf.com Re: Ku-bund Coordination of WildBlue-1 ut 111.1O W.L. Dear Mr. Nelson: WB Holdings 1, LLC (“WildBlue”) has entered into a contract under which WildBlue-1 and its Ka-Band payload will be controlled and operated by Telesat Canada (“Telesat”). Telesat holds a Canadian license at 111.1” W.L. for its Anik F2 spacecraft, containing a Ka-Band payload and, on August 4,2006, was authorized by Industry Canada to collocate and operate WildBlue-1 at the same slot (letter attached hereto). Pursuant to footnote US334 of the U.S. Table of Frequency Allocations, Telesat would like to commence coordination discussions with those U.S. government agencies that have frequency band overlap with WildBlue 1’s planned operations in the 18.3-18.8 GHz and 19.7-20.2 GHz downlink frequency bands.’ Note that this satellite is currently scheduled for launch on or about November 30,2006. In order to commence this coordination, Telesat asks the Commission to initiate the necessary process with NTIA to facilitate operator-to-operator discussions. Both Telesat and WildBlue will participate in such discussions, with WildBlue being the primary point of contact. In accordance with Commission guidelines, Telesat and WildBlue will keep the Commission informed of the venue, ’ ~ ~~ WildBlue has filed to modify its FCC earth station licenses to authorize both subscriber terminals and gateway antennas in the United States to communicate with the Canadian controlled WildBlue-1 at the 111.1’ W.L. orbital location. See File No. SES-MFS-20060811- 01347 (call sign E050033).

Wiley Rein &Fieldmg LLP Page 2 agenda and outcome of any such meetings. The contacts for the WildBlue-I coordination are: Erwin Hudson WildBlue Communications, Inc. 5970 Greenwood Plaza Boulevard Suite 300 Greenwood Village, CO 8011 1 720-554-7400 EHudson @ wildbluecorp.com John Forsey Telesat Canada 1601 Telesat Ct. Ottawa, ON KlKOH2 Canada 613-748-8700ext. 2530 j.forsey @ telesat.ca If you have any questions, please do not hesitate to contact the undersigned. Sincerely yours, Bert W. Rein Carl R. Frank Chin Kyung Yo0 Counsel for Telesat Canada cc: Scott Kotler Enclosure

Industre Caracja Our file 46215-1 84538DM Mr. Ted Ignacy Chief Financial O f i c a Telesat Canada 1601 Telesat Court Gloucester, Ontario K1B 5P4 Dear Mr. Ignacy: I refer to your letter of Apnl 18,2006 and your supplemental submission of June 19,2006 requesting approval of Telesat Canada's plan to test and operate the WiidBlue 1 Ka-band satellite. The Department has assessed your application within the context of the initial approvals provided to Telesat Canada in 1997 and 1999 for the Anik F program. The Department notes that this Ka-band satellite is an additional facility to Telesat's Anik F2 satellite which is currently operating in the 11l.loWL orbital position and the importance to Telesat Canada of this additional facility in providing service in Canada if there is a Ka-band capacity shortage and as a potential backup facility. The Department also notes the role the satellite will play in securing long term Canadian access to the Ka-band spectrum at the 1 1 1.1 OWL orbital position. The Department has concluded that approving this plan i s in the public interest. Accordingly, I am pleased to provide you with this approval in principle, granted to Telcsat Canada, to test and operate the WildBlue 1 Ka-band satellite at the 109.2"WL and 11 1.loWL orbital positions, respectively, using the radio frequency bands and frequencies set out in the table below. Radio Frequency Band Use I Earth-to-Space: 29.5 to 30 CHz Service to Subscribers Space-to-Earth: 19.7 to 20.2 GHz 2 Earth-to-Space: 28.35 to 28.6 GHz & Feeder Links 29.25 to29.5 GHz Space-to-Earth: 18.3 to 18.8 GHz ..-2

. - ... .... - .... -2- Telemetry, Tracking and Control Command: 29999.5 MHz - On station Telemetry: 20196.0 & 20199.5 MHz Command; 5859.5 & 6423.5 MHz - Transfer orbit and emergency Telemetry: 3701.5 & 4198.0 MHz Earth-to-Space: 29500.50 MHz Beacon Space-to-Earth: 20199.798 MHz This approval in principle is subject to the conditions set out in attachments 1 and 2 to this letter. Please note that in issuing a licence, other conditions may be required pursuant to Ministerial authority as set out in section 5.( I)(a)&(b) of the Radiocommunication Act. As you are also aware, Industry Canada is consulting with the Department of Foreign Affairs concerning treatment ofthis satellite under the internationai liability and registration conventions for space objects. It should be noted that additional conditions may be required to give effect to any understandings developed between the Government of Canada and any other country respecting the treatment of the WildBlue 1 satellite. Please note that the Department is currently reviewing the documentation provided by Telesat Canada relating to its ownership and control. Accordingly, this approval in principle is subject to Telesat Canada fully demonstratingthat it is Canadian owned and controlled. In the event that the Department is not able to conclude that Telesat is Canadian owned and controlled, a licence permitting operation of the WildBlue 1 satellite would not be forthcoming. In keeping with our commitment to open, fair and transparent licensing processes, this letter will be posted on the Department's Spectrum Management and Telecommunications website. Y o m sincerely, Jan Skora 'Director General Radiocomunications and Broadcasting Regulatory Branch Attachments (2)

Attachment 1 Conditions of Approval in Principle Telesat Canada Interim Use of the 1 093°\' Orbital position to Test the WildBlue 1 Satellite Prior to Moving it to the 111.1OWL Orbital Position Prior to commencing operidtion of the WildBlue 1 satellite at the 109.2OWL position and prior to the transit of the satellite liom the 109.2"WL position to the 111.1 OWL position, Telesat Canada must demonstrate to the Department that coordination of the satellite with potentially affected satellites has been successllly completed. Industry Canada requires Telesat Canada to provide the Department with the information listed in Annex B of the Department's CPC-2-6-02. Licensing of Space Stations in Sewices Other than h e Amateur Satellite Service and the Broadcasting Sutellife Service in Planned Bands, 60 days prior to the intended commencement of operation of the WildBlue 1 satellite at 109.2"WLorbital position. Telesat Canada must advise the Department when insrbit testing has been completed and, at least two days in advance, when the transit from the 109.2OWL to the 111.1OWL orbital position will take place.

. Attachment 2 Conditions of Approval in Principle Telesat Canada Operation of WiidBlue 1 Satetlite at the 11 1 . 1 O W L Orbital Position 1) To the extent that Telesat Canada may act as a telecommunications common carrier under thc Telecommunication Act through its use of the WildBlue 1 satellite, Telesat Canada must make the satellite capacity available on a nondiscriminatorybasis. 2) Telesat Canada must comply on an on-going basis with the eligibility criteria as set out in section 1Q( 2)(d) of the Radiocommunication Regulations. 3) Telesat Canada must provide the Department with the information listed in Annex B of the Department's CPC-2-15-02,Licensing of Space Stations in Sewices Other than the Amateur Satellite Service and the Broadcasting Satellite Service in Planned Bands, 1 5 days prior to commencing operation of the WildBlue 1 satellite at the 11 1.1 OWL orbital position. 4) The authorization of the Minister is required for any proposed transfer of licence, whether in whole or in part, including any change which would have a material effect on the Canadian ownership and control in fact of the licensee. 5) Telesat Canada must invest as a minimum 2 percent of its adjusted gross revenues resulting from the operation of the WildBlue 1 satellite facility on satellite-related research and development activities. This requirement to invest begins with the commencement of commercial operation of the satellite, and may be averaged over a five year period. Eligible research and development is that which meets the definition adopted by the Canada Customs and Revenue Agency. The term "adjusted gross revenues" in this context is defined as those revenues attributable to the use of the space segment capacity, including any pre-sold capacity and revenues arising from my sale of transponders, less inter-canier payments, bad debts, third party commissions, and provincial and federal sales, goods and services taxes. 6) a) Telesat Canada must, with the assistance of the Department, and at Telesat Canada's own expense, effect the successhl coordination and notification of the satellite network; provide the Department, in a form acceptable to the International Telecommunication Union (ITU), with all required information; and be responsible for the payment of all ITC charges related to the processing of this information. Page 1 of 3

b) Telesat Canada must comply with provisions of the ITU Radio Regulations and all international coordination mangements to which Canada is a party for the operation of the WildBlue 1 satellite. c) Telesat Canada may operate the satellite on assignments for which the ITU coordination/ notification process is yet to be successfully concluded, on a no interference, no protection basis pursuant to provision No. 4.4 of Article 4 of the ITU Radio Regulations. Should interference occur, Telesat Canada will immediately, and at its own expense, take steps to eliminate the interference situation. 7) Telesat Canada must deorbit the satellite at the end of its life. The satellite shall be removed from the geostationarysatellite orbit region in a mannm consistent with Recommendation ITU-RS.1003 Environmental Protection of the Geostationary Sarellite Orbit. 8) Telesat Canada must submit an annual report for each of the first five years fn>m the date of issuance of this licence which would include: 0 an update indicating continued compliance with all licence conditions; an update on the usage and status of each transponder; a statement of adjusted p s s revenues and an audited statement of research and development expenditures as required under condition 5 above, and a description of Telesat Canada’s research and development activities related to these expenditures; a copy of any existing corporate annual report for your fiscal year with respect to this authorization. These reports are due April 30 and are to be submitted in writing to the Manager, Satellite Services Authorization Policy, Space and international Regulatory Activities, Radiocommunication and Broadcasting Regulatory Branch. 9) Telesat Canada must submit a traffic report for the satellite at the commencement of operations at the 1 1 1.1OWL position, and every three months thereafter, indicating: the transponders in use, and the date of bringing into use of each transponder; the nature of the signals carried in each transponder; the channel capacity of each transponder in terms of the number of telephone channels canied in a transponder, or telephone channel equivalencies as determined by application of section 58 of the Radiocommunication Regulations including all supporting information used to make this determination. These traffic reports are to be submitted, in writing, to the Manager, Satellite Authorization Policy, Radiocommunicationand Broadcasting Regulatory Branch. Page 2 of 3

c 10) Applicable authorization fees, as set out in the RadiocornmunicafionRegulations for radio licences, will be payable by Tdesat Canada on or before commencement ofthe operation of the satellite. Applicable annual authorization fees will be payable on or before March 3 1,2007 and on or before March 3 1 of each year thereafier. Page 3 of 3


Document Created: 2006-09-18 11:11:40
Document Modified: 2006-09-18 11:11:40
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