Attachment grant

grant

DECISION submitted by FCC,IB

grant

2004-06-15

This document pretains to SAT-PPL-20040402-00073 for Permitted List on a Satellite Space Stations filing.

IBFS_SATPPL2004040200073_377472

APPLICATION FOR SATELLITE SPACE STATION AUTHORIZATIONS FCC Use Only FCC 3 12 MAIN FORM FOR OFFICIAL USE ONLY I I I APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: Petition to add the satellite network AMAZONAS to the Pennittted List 1-8. Legal Name of Applicant Name: HISPAMAR SATELL1TEW.A. Phone Number: 202-467-6400 DBA Name: Fax Number: 202-296-6892 Street: 1120 19th St., N.W. E-Mail: don@jansky-barmat .corn City: Washington State: DC 20036 -3614 Country: USA Zipcode: Attention: Mr Donald M Jansky S2622 SAT-PPL-2004040200073 1B2004000712 HISPAMAR SATELLITES,S.A. AMAZONAS-I 1

Attachment Conditions of Permitted List Action June 15,2004 1. Pursuant to Sections 303(r), 308,309, and 3 10 of the Communications Act of 1934, as amended, 47 U.S.C. $9 303(r), 308,309,310, and Sections 0.261 and 25.137(c) ofthe Commission's rules, 47 C.F.R. $0 0.261, 25.137(c), the Petition for Declaratory Ruling filed by HISPAMAR SATELITES, SA. (File No. SAT-PPL-20040402-00073) to add the AMAZONAS-1 satellite (S2622) located at the 61" W.L. orbital location, which is licensed by Brazil, to the Commission's Permitted Space Station List is GRANTED. Accordingly, each U.S.-licensed earth station with "ALSAT" designated as a point of communication, IS GRANTED authority to provide Fixed Satellite Services (FSS) in the 3700-4200 MHz, 5925-6425 MHz, 11.7-12.2 GHz and 14.0-14.5 GHz frequency bands, to, from, or within the United States, by accessing the AMAZONAS-1 satellite (S2622) at the 61" W.L. orbital location, in accordance with the technical specifications set forth in its petition for declaratory ruling, this Attachment, and the Commission's Rules and subject to the following conditions:. a) AMAZONAS-1 is not authorized to provide any Direct-to-Home (DTH) service, Direct Broadcast Satellite (DBS) service, or Digital Audio Radio Service (DARS) to, from, or within the United States; and b) Communications between ALSAT-designated routine earth stations and the AMAZONAS- 1 satellite shall be in compliance with the satellite coordination agreements reached between Brazil and other administrations. C) Operation of AMAZONAS-1 shall be in accordance with the power flux- density requirements of 47 C.F.R. § 25.208 of the Commission's Rules. 2. Unless extended by the Commission for good cause shown, AMAZONAS-1 shall be removed from the Permitted Space Station List in the event the space station is not successfully placed into operation in accordance with the technical parameters in its Petition for Declaratory Ruling and terms and conditions in this Attachment by two years from the date of this action. HISPAMAR SATELITES, SA is required to inform the Commission that AMAZONAS-1 has been launched within 30 days of the launch. 3. HISPAMAR SATELITES, SA. must file a bond with the Commission in the amount of $1.25 million, pursuant to the procedures set forth in International Bureau Explains Procedure for Filing Bonds Pursuant to New Satellite Licensing Procedure, Public Notice, 18 FCC Rcd 16283 (2003), within 30 days of the date of this action, unless the spacecraft has been launched before that date. Should HISPAMAR SATELITES, SA. fail to file this bond within 30 days of the date of the public notice indicating that this action was taken, AMAZONAS-1 shall be removed from the Permitted Space Station List. 4. This action is taken pursuant to Section 0.261 of the Commission's rules on delegated authority, 47 C.F.R. 8 0.261, and is effective upon adoption. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.1 15 of the Commission's rules, 47 C.F.R. $9 1.106, I . 1 15, may be filed within 30 days of the date of the public notice indicating that this action was taken.

9-16. Name of Contact Representative (If other than applicant) Name: Don Jansky Phone Number: 202-467-6400 Company: Jansky-Barmat Fax Number: 202-296-6892 Telecommunications Street: 1120 19th st. E-Mail: donajansky-barmat.com City: Washington State: DC Country: USA Zipcode: 20036 -3614 Contact Title: President Relationship: Other CLASSIFICATION OF FILING 7. Choose the buttonnext to the b. lassification that applies to thisfiling for 0b l . 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 or 17a and only one for 17b. @/A) b3. Amendment to a Pending Application (N/A) b4. Modification of License or Registration a. @/A) b5. Assignment of License or Registration N/A) a l . Earth Station (N/A) b6. Transfer of Control of License or Registration QBD 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 0 b9. Letter of Intent to Use Non-U.S. Licensed Satellite to Provide Service in the United States 4 b10. Replacement Satellite Application - no new frequency bands 4 b l 1. 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) 2

17c. Is a fee submitted with this application? 0 IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1 1 14). 0 Governmental Entity 0 Noncommercial educational licensee Other(p1ease explain): Petition for Declaratory Ruling to be added to the Permitted List does not require a filing fee 17c. Fee Classification BNY - Space Number of Satellite: 0 Station (Geostationary) 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 3

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 0 b. Mobile Satellite c. Radiodetermination Satellite 0 d. Earth Exploration Satellite e. Direct to Home Fixed Satellite 0 f. Digital Audio Radio Service 0 g. Other (please specify) 21. STATUS: Choose thebutton next to the applicable status. Choose 22. If earth station applicant, check all that apply. mly one. Not Applicable 0 Common Carrier Non-Common Carrier 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) 0 c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: Frequency Upper: (Please specify additional frequencies in an attachment) 4

TYPE OF STATION 3.CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one. @/A) a. Fixed Earth Station @/A) b. Temporary-Fixed Earth Station @/A) c. 12/14 GHz VSAT Network (N/A) d. Mobile Earth Station e. Geostationary Space Station. 0 f. Non-Geostationary Space Station 0 g. Other (please specify) !6. TYPE OF EARTH STATION FACILITY: Not Applicable WRPOSE 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 0 Yes Q No impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.131 1 of the Commission's rules, 47 C.F.R. §§ 1.1308 and 1.131 1, 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. 5

29. Is the applicant a foreign government or the representative of any foreign government? 0 Y e s @ N o oNIA 30. Is the applicant an alien or the representative of an alien? @Yes NO QNIA 3 1. Is the applicant a corporation organized under the laws of any foreign government? @Yes U N O O N I A I 32. Is the applicant a corporation of which more than one-fifth of the capital stock is owned of record or voted by e Yes 0No Q NIA 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 0No 0NIA 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 29,30,3 1,32 andor 33 is Yes, attach as an exhibit an identification of the aliens or 3 12FormAMAZONAS.pdf foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote. 1 BASIC QUALIFICATIONS 6

35. Does the Applicant request any waivers or exemptions from any of the Commission’s Rules? Q 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 Q 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 Q 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, Q 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 Vsa-va.TXT 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 Q Yes No matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances. Vupku-sa.TXT 7

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 andor 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 STATE. RE. 440 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 Q 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 applicationtkquot; for these purposes. 42a. Does the applicant intend to use a non-U.S. licensed satellite to provide service in the United States? IfYes, Yes Q 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? BRAZIL 8

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.) THE PURPOSE OF THE APPLICATION IS TO REQUEST ADDITION OF THE AMAZONAS-1 SATELLITE NETWORK AT 61 DEGREES W.L. TO THE PERMITTED SPACE STATION LIST TO ALLOW ALL U.S. KU-BAND AND C- BAND EARTH STATIONS TO UPLINK TO THE SATELLITE IN THE CONVENTIONAL KU-BAND AND C-BAND FREQUENCIES. SERVICES TO BE PROVIDED ARE DOMESTIC AND INTERNATIONAL SERVICES OPERATING IN newpetit2.pdf CERTIFICATION :he Applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the Jnited States because of the previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this Ipplication. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit n 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. :he undersigned, individually and for the applicant, hereby certifies that all statements made in this application and in all attached exhibits are rue, complete and correct to the best of his or her knowledge and belief, and are made in good faith. 14. Applicant is a (an): (Choose the button next to applicable response.) Q Individual Q Unincorporated Association Q Partnership QBD Corporation Q Governmental Entity Q Other (please specify) 15. Name of Person Signing 46. Title of Person Signing Jicente Rubio Carreton Director, Regulatory Affairs 9

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 3 12(a)( l)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). Completed Schedule S 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 jboley@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. 10

43. Description. (Summarize the nature of the application and the services to be provided). THE PURPOSE OF THE APPLICATION IS TO REQUEST ADDITION OF THE AMAZONAS—1 SATELLITE NETWORK AT 61 DEGREES W.L. TO THE PERMITTED SPACE STATION LIST TO ALLOW ALL U.S. Ku—BAND AND C—BAND EARTH STATIONS TO UPLINK TO THE SATELLITE IN THE CONVENTIONAL Ku—BAND AND C—BAND FREQUENCIES. SERVICES TO BE PROVIDED ARE DOMESTIC AND INTERNATIONAL SERVICES OPERATING IN FSS FREQUENCY BANDS. 11


Document Created: 2004-06-18 16:09:56
Document Modified: 2004-06-18 16:09:56
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