Application Form [pdf]

This document pretains to SAT-PDR-20190403-00022 for Petition for Declaratory Ruling on a Satellite Space Stations filing.


                                                                                                     Approved by OMB
                                                                                                            3060−0678

Date & Time Filed: Apr 3 2019 1:49:40:440PM
File Number: SAT−PPL−20190403−00022
Callsign/Satellite ID: S3048

                     APPLICATION FOR SATELLITE SPACE STATION AUTHORIZATIONS           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:
Market access for NSS−6 at 169.5 W.L.
1−8. Legal Name of Applicant
           Name:         New Skies Satellites B.V.          Phone Number:     202−478−7143
           DBA Name:                                        Fax Number:       202−478−7111
           Street:       1129 20th St. NW                   E−Mail:
                         Suite 1000
           City:         Washington                         State:            DC
           Country:       USA                               Zipcode:          20036      −
           Attention:    Petra A. Vorwig




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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, N.W., 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 buttonnext to the                  b.
classification that applies to thisfiling for      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.                   (N/A) b3. Amendment to a Pending Application
                                                (N/A) b4. Modification of License or Registration
a.                                              (N/A) b5. Assignment of License or Registration
(N/A) a1. Earth Station                         (N/A) b6. Transfer of Control of License or Registration
      a2. Space Station                         (N/A) b7. Notification of Minor Modification
                                                (N/A) b8. Application for License of New Receive−Only Station Using Non−U.S. Licensed Satellite

                                                    b9. Letter of Intent to Use Non−U.S. Licensed Satellite to Provide Service in the United States
                                                    b10. Replacement Satellite Application − no new frequency bands
                                                    b11. Replacement Satellite Application − new frequency bands (Not eligible for streamlined
                                                processing)
                                                    b12. Petition for Declaratory Ruling to be Added to the Permitted List
                                                (N/A) b13. Other (Please specify)




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17c. Is a fee submitted with this application?
    If Yes, complete and attach FCC Form 159.
If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114).
       Governmental Entity         Noncommercial educational licensee
    Other(please explain):     Permitted Space Station List and Market Access Petition


17c. Fee Classification


18. If this filing is in reference to an existing station, enter:
(a) Call sign of station:
Not Applicable



19. If this filing is an amendment to a pending application enter:
(a) Date pending application was filed:                                   (b) File number of pending application:

Not Applicable                                                            Not Applicable




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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:

    a. Fixed Satellite
    b. Mobile Satellite
    c. Radiodetermination Satellite
    d. Earth Exploration Satellite
    e. Direct to Home Fixed Satellite
    f. Digital Audio Radio Service
    g. Other (please specify)


21. STATUS: Choose thebutton next to the applicable status. Choose       22. If earth station applicant, check all that apply.
only one.                                                                Not Applicable
       Common Carrier      Non−Common Carrier

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 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).
    a. C−Band (4/6 GHz) b. Ku−Band (12/14 GHz)
       c.Other (Please specify upper and lower frequencies in MHz.)
        Frequency Lower:        Frequency Upper:    (Please specify additional frequencies in an attachment)




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TYPE OF STATION
25. CLASS OF STATION: Choose thebutton next to the class of station that applies. Choose only one.

 (N/A) a. Fixed Earth Station
 (N/A) b. Temporary−Fixed Earth Station
 (N/A) c. 12/14 GHz VSAT Network
 (N/A) d. Mobile Earth Station
     e. Geostationary Space Station.
     f. Non−Geostationary Space Station
     g. Other (please specify)



26. TYPE OF EARTH STATION              FACILITY: Not Applicable
PURPOSE OF MODIFICATION

 27. The purpose of this proposed modification is to: (Place an "X" in the box(es) next to all that   Not Applicable
 apply.)


 ENVIRONMENTAL POLICY

 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental        Yes   No
 impact as defined by 47 CFR 1.1307? If YES, 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 aeronautical fixed radio station
services are not required to respond to Items 30−34.


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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   N/A




31. Is the applicant a corporation organized under the laws of any foreign government?                                       Yes      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          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      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   Exhibit A
foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote.


 BASIC QUALIFICATIONS




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35. Does the Applicant request any waivers or exemptions from any of the Commission’s Rules?                             Yes   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         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.




37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling    Yes   No
the applicant ever been convicted of a felony by any state or federal court? If Yes, 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,        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? If Yes, 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   Yes   No
matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances.




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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   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? If Yes,    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? The Netherlands




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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.)
      Petitioner seeks U.S. market access for the Netherlands−licensed NSS−6 spacecraft to be
      located at 169.5 deg. W.L.



    Narrative


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 specifiedin 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.
                                                                                                                                  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.




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44. Applicant is a (an): (Choose the button next to applicable response.)

      Individual
      Unincorporated Association
      Partnership
      Corporation
      Governmental Entity
      Other (please specify)   Dutch BV


45. Name of Person Signing                                                  46. Title of Person Signing
Petra A. Vorwig                                                             Senior Legal& Regulatory Counsel
47. Please supply any need attachments.
 1:                                               2:                                               3:



            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).




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THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104−13, OCTOBER
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Document Created: 2019-04-28 13:56:10
Document Modified: 2019-04-28 13:56:10

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