Attachment grant

grant

DECISION submitted by FCC,IB

grant

2004-09-09

This document pretains to SAT-PPL-20040804-00155 for Permitted List on a Satellite Space Stations filing.

IBFS_SATPPL2004080400155_401941

~] rie# SATPOL— 2204 dreY ~ool 3 SA2L GnmbDae Sigh 9,2o¥ Approved by OMB Term Dutse 30c0—0678 | crantep 46/ RoX ts télisfzosy Date & Time Filed: Aug 42004 43838:196PM nomionst Bureay Approvea: l File Number: SAT—PPL—20040804—00155 \s 6. P ’f/fie[‘ Siclile Callsipn/Sateite TD: $2637 iré«, 4 Efls $fies Engy d foire. o t ctirry Aplicxtion ror sareLLTE SPACE STaTION AUTHORIZRTIONS FCC Use Only ree 312 Maiy FoRM For OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description ofthis application to identify t on the main menue Telesat Canada — Anik E2R ~ Change to and Extension ofthe Permitted List Entry 1—S Legal Name ofApplicant Nime: Telesat Canada Phone Number: et3—zas—0023 DBA Name: Fax Number eto—zm—m2 Strest 1601 Telesat Court E—Mail: R.Power@telesatca Ottwa, Onta, KIBSPs Ciiy Stire: Country: Canade Zipcode: — Aftention . Mr. Robert D. Power

9—16. Name of Contct Representative(IFother than applian) Nime: Jennifer D. tindin Phone Number: an>—719—7000 Company: Wiley Rein & Filding LLP Fax Number: an>~m0—7207 Steet: 17e k S Nw E—Mil: jhintin@urt.com Ciy: Washington Stite: nc Couty: USA Zipcode: 2000. — Contact Tite: Partner Relaionship: Leaal Counsel CLASSINICANION OF FILING 17. Choosethe buttornext tthe elasification that apples o thisiling for ¢ 51— Application forLicense of New Stition both questions a.and b. Choose only one (N/A)b2. Application for RevistationofNew Domestic Receive—Only Station for 17a and only onefor 176. (NWA) b3. Amendment to a Pending Appliation a (N/A)b4. Modification of License or Registation (NA)at. Earh Station (NA) bS. Assignment of License or Registation (NA) b6. Transfer of Contralof License or Reaistrtion @ 32. Space Sution (NIA) b7. Notifeationof Minor Modification (NA) b8. Applieation for License of New Receive—Only Sution Using Non—U3. Liensed Satelite gp b9. Leter ofIntentto Use Non—US. Licensed Satellte o Provide Servicein the United Sttes g> b10. Replacement Satellte Appliation— no new frequency bands ¢ b11. Replacement Satellte Appliation— new frequency bands (Not i ileforsrcamtined processing) @ b12. Ptiton for Declaratory Ruting to be Added to the Permited List (NA)b13. Other (Please specify)

7c Isa fee slbmited with thisapplicaion? g 1f¥es, complete and attich FCC Form 159. If No, indiate reason forfe exemption (see 47 C.ER Section 1.1114). & Governmental Entity gp Noncommercial educational lcensce @ Otheriplease explain): Permitted LiFiling— no feerequired T7e. Fee Classification BNY — Space Numberof Satelite: 0 Station (Geostationary) 18. Ifthis fling is n reference to an existingsttion, nter (») Call sign ofstation: 19. fthis fling i an amendmentto a pending application enter (») Date pending application was Aied: (6) File number ofpending application Not Applicable Not Applicable

TVPE OF SERVICE 20. NATURE OF SERVICE: Ths Aling is for an authoriation to provideor use the fllowing typels)ofservice(s). Seectall that apply: a. Fixed Satelite [C] > Mobile Satelite [—] & Ratlodetermination Satelite [C] 4. Barth Buploration Satelite D &. Directto Home Fixed Satllte [] C Disial Audio Rad Service [C] #Otter (please specif) 21. STATUS: Choose thebutton next to the applicabl status Choose 22. Ifearth station applicant, check all haapply loly one Not Applicable g> Common Carrier @ Non—Common Carier 25. Ifapplicant is providng INTERNATIONAL COMMON CARRIER servic, se istractions regarding See.214 flings. Choose one.Are these fiilties g Connected t a Public Switched Network gy Not connected toa Public Switched Network @ N/A 24. FREQUENCY BAND():|Place an "Xin the ban(es)nextt all_ applieable frequency band(s) a. C—Band (4(6 Gite) b. Ku—Band (124 Git) [—] Oifer (Please specify upper and lowerfequencies in Mitz) Frequency Lower: Frequency Upper: (Pleasespccify additional requencies in an attachment)

TVPE OF STATION 25. CLASS OF STATION: Choosethe button nexttothe class of station that applies Choose only one (NA)a. Fixed BarthSttion (N/A)b. Temporary—Fixed BarthStation (NHA) . 12/14 GHz VSAT Nework (NA)d. Mobile Eath Sution @ ©. Geostitionary Space Sution: @ £ Not—Geostationary Space Station gp a. Other (plesse specify) 26. TVPE OF EAKTH STATION FACILITY:Not Applicable PURPOSE oF MODIFICATION 27. The purpose othis proposed modifcation it(Place an "X"in the box(es) next t all that Not Applicable anoly) ENVIRONMENTAL POLICY 28, Would a Commission grant ofany proposalin this applieation or amendment have a signifieant emvironmental qy Yes @ No impact asdefined by 47 CFR 1.13079 fVES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission‘s rues, 47 C.ER. §§ 11308 and 1.1311, asan exhbit t this appliction. A Radiation Hazard Study mustaccompany all appliationsfornew transmiting failis, major modifeations, or major amendments ALIEN OWNERSHIP Earth station applicants not proposing to provide broadeast, common carries, aeronauticalen route or aeronautical fixed radio station services are not requized to respond to Items 30—34.

29. s the applicanta freign govermment or the representative of ny foreign government? pYs @Ne oNA 30. s the applicant an alienorthe representativeof an alien? @15 gNe oNA 31. Is the applicant a corporation organized under th laws ofn foreign government? @15 gNe oNA 32. Is the applicant a corporation of which more than one—fifh oth capial stock is owned ofecord or voted by @ ¥es No @)NA atiens or theirrepresenttivesor by a foreign govemment or epresentatve thereofoby any corporation organized underthe lavs oa foreigncountry? 33. Is the applicant a corporation direcly or ndirecly contolled by any othercorporation of which more than @Yes @yNo «NA one—fourth ofthe capital tock iowned of record or voted by aliens, their epresentatives,orby foreign govemment or epresentative thercofor by any corporation organized under th laws ofa foreigncountry 34, ICany answe to quesions 29, 30, 31, 32 and/ar3i Yes,attach as an exhibit n identiiationof thaliens or foreign entiies, heirnationaliy, thir relationship t theapplicant, and the percentage of stock they own or vo. BASIC QUALINICATIONS

35. Does the Applicant request any waivers or exemptionsfrom any of the Commision‘s Rules? 0Ys o No 1vesattach asan extibit, copies ofthe requests for waivers or exceptions with supporting documents. 36. Has theapplicant or any party t this aplieation or amendmenthad any ECC station authorizationor icense o 1« revoked or had any applieation for n nital,modificationor renewal of FCC station authorization, lense,or construction permit denied bythe Commission? Ifes,atach as an exhibt, anexpliationofircumstances. 37. Has the applicant, or any party to this appliation or amendment, or any party direcly or indiectly controling o is the applicant evebeen convited ofa flony by any stte or federal court? f¥es, attach asan exhibit,an explination ofcircumstances 38, Has any court finlly adjudged the applicant, oany person dirccly orindirecly controling the applicnt, o 16 quilty of unlawfully monopolizing orattempting untawfully to monopolize radio communication, irectly or indirecty, through controlof manufactur orsale of radio apparatus, exclusivetraffic arangement o any other means ounfiir methods of competition? IfYes, ttach as anexhibit an explanation of cireumstances 39. s the applicant, oany person diectl orindiectly controling the applicant, currenty a partyin any pending o 1« @ No matter referred to in thepreceding two items? Ifyes, attach as an exhinit, an explanation of he circumstances.

40,Ifthe applicant corporationand is applyingfor a space station icense, attach as an exhbitthe mames, address, and ciizenship ofthose stockholdersowning a record and/or voting 10 percent or more othFiler‘s vting stock and the pergentages so held.In the case of fiduciry control, indiate the beneficiares) or class of beneficiaries Also listhe names and addresses othoffcers and diretorsof the Filer 41. By checking Yes,the undersigned certies, that nether applicant nor any other patyto the applcation is Yes & No subject t a denial of Rederal benefis that includes FCC benefits prsuant to Section 5301 ofhe Anti—Drug Act of 1988, 21 U.S.C. Setion 862, because of a convictionforpossession or distibation of a contralled substance. See 47 CBR 1,2002(b) for the meaning of&quoripaty tothe application&:quot; for thse purposes. 421, Does the applicant ntend to us a non—US. lcensed satellie to provideservicein the United Sttes? f¥es, @ Yes g No answer 42b and attach an exhibit roviding thinformation specifiin 47 C.ER. 25.137,as approprite,If No, proceed to question 43 426. What adimi trtion has Heensed ois in the process of iensingthe space station? Ifno licensewillbe issued, what d strtionhas coortinated ois in the process ofcoordinating the space sation? Canada

43. Description.(Summarizete nature of he applation and the servicestobe provided),_ (If the completedescripon does not appearin this Ioo,please gotothe end ofthe form to view it in ts entiety) Telesat Canada requests (1) modification of its Permitted List entry to reflect a minor change to the orbital location and station—keeping box of the Anik B2R satellite around Inid to late September to early October 2004; and (2) extension, until Decenber 15, 2004, of its Permitted List entry. Telesat certifies that no other information on file with the ExfibnA CERNFICATION [The Applicant waives any claim t the use ofany partcular fequency oroth electromagnctic spectrum as against the regulatory powerothe [United States because ofthe previous use of the same, whether by license or otherwise,and requestsan authorization in accordance with this appliction. The applicant certifies that grat ofthisappliction would not use the apicantto be in violation ofthe spectrum aguregation limit in 47 CFR Part 20. All statements made in exhbit are a materil arthereorand ar incorporated herein as iset ut in fullinthis application. "The undersigned,individually and forthe applicant, hreby certifes hat allstatements made ihis aplication and in all attached extibitsare ime, complete and orrectto the best ohis or her knowledaeand belief, and are made in goodfith. 4. Applicant is a (an(Choose the button nex o applicabl response) g Individual g Unincorporated Association @ Pamentip @ Comoration g Govermmental Entiy q Other (please specify) [15Name of Person Signing [i6. Tite ofPerson Signing Ted Ipncy Vice President, Finance and Treasurer

47. Please supply any need atachments. i: B & wiLLEUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE By FNE AND / OR IMPRISONMENT (U.S. Code, Tite 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Tite 47, Section 312(a)(1), AND/OR FORFETTURE (U.S. Code, Tite 47, Setion 503) ree Novick REQuIRED By Te rAPERWORK REDUCTION ACT ‘The public reporting for this calletion of nformation is esimated to average 2 hours per esponse,includingthe ime for reviewing instrutions, searching exiting dat sources, athering and maintaiing the required dta,and completing and reviewing the colection of information. Ifyou have any comments on this burden estimateor how we can improve the collection and reducethe burden t susesyou. please write to the Federal Communications Commission, AMD—PERM, Paperwork Reduction Project(3060—0676), Washington, DC 20554, We willalso accept your commentsregarding the Papervork Reduction Act aspectsofths collectionvi thIternct fyou send them toboley@fec.gov. PLEASE bo Nor sEND CoMPLETED FoRMS To Ts abpiRess. Remember —You are notrequired to respond to a calletion ofinformation sponsoredby the Federal govermment, and the govermment may not conduct osponsor this callection, unles it dislays a urrenty vali OMB cantrol numberorif we fail to provideyou with this notice. ‘This calletion has beenassigned an OMB contral number of 3060—0678 TiE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACTOF 1995, PUBLIC LAW 104—13, OCTOBER 1, 199844 US.C. SECTION 3s07. 10

43. Description. (Summarize the mature of the application and the services to be provided). Telesat Canada requests (1) modification of its Permitted List entry to reflect a minor change to the orbital location and station—keeping box of the Anik B2R satellite around mid to late September to early October 2004; and (2) extension, until Decenber 15, 2004, of its Permitted List entry. Telesat certifies that no other information on file with the Commission has changed. 11

EXHIBIT A Request to Modify the Permitted Space Station List Entry for the Anik E2R Satellite Telesat Canada (*Telesat"), in accordance with Sections 25.137, 25.1 17(0), and 25.1 14 of the rules ofthe Federal Communications Commission ("FCC" or "Commission")," hereby requests: (1) modification ofthe Permitted Space Station Lis (*Permited Lis") entry for the Anik E2R satelite to reflect a minor change to the satellite‘s orbitallcation and stationkeeping box during mid to late Septemberto early October 2004; and (2) extension, unti! December 15, 2004, o ts Permitted List entry." These changes are necessary to accomplishthe transfer of traffic to the Anik F2 satelite,whichis expected to occur in early October 204. Granting these requests would serve the public interest by ensuring safe co—Jocation of Anik E2R and Anik F2 at the nominal 111.1¢ W.L. orbita location and continuity ofservice to U.S. arth stations. Telesat certifiesthat the remaining information on fle with the Commission will not change." 1. Background The Commission added Anik E2R to ts Permitted Listby a grant stamp order dated June 3, 2003;‘ As Telesat noted in ts Petition for Declaratory Ruling,®inclusion ofAnik E2R on the Permited List was necessary to enable Telesat to continue toserve U.S. customers from 111.1° 147 CBR. §§ 25.137, 25.117(d), and 25.114. * Telesst Canada, Peritionfor Declaratory Rulingfor Inclusion ofAnik E2R on the Permitted Space Station List, File No. SAT—PDR—20030416—00068, Grant Stamp Order (It‘l Bur, dated June 3, 2003) (Anik E2R Order®). * For example, with respectto questions 30—34 on the preceding Form 312, the foreign ownership information already on file with the Commission has not changed and will not change as a result ofthis proposed modification. * See Anik E2R Order. * Telesat Canada, Peritionfor Declaratory Rulingfor Inclusion ofAnik E2R on the Permitted Space Station List,File No. SAT—PDR—20030416—00068 (Riled Apr. 16, 2003) (‘Anit E2R Perition").

WLL. Anik E2R replaced Anik E2 and will, in tur, be replaced by Anik F2, another satelte approved to serve U.S. customers from 111.1° W.L.® Anik F2 was launched on July 17, 2004 and is scheduled t replace Anik E2R as soon as the necessary trafic transfer occurs. Itis expected that Anik E2R will be returned to PanAmSat after successful completion of the traffc wansfer 2. Request to Shift the Orbital Location and Stationkeeping Box During Mid to Late September to Early October 2004 In order to transfertraffi from Anik E2R to Anik F2, both satelites will need to be nominally co—located atthe 111.1° W . orbita location around mid to late September to early October 2004. Specifically,during the approximate two—week period necessary totransfer traffi, Anik E2R‘s orbiallocation and stationkeeping box will be 111.06° W.L. +0.03° (Ce., 111,03° to 111,09) instead of ts approved orbitallocation and stationkeeping box of 111.1° WL. +/—0,05° (e,, 111,05° to 111.15%). Because operation at 111.03° and 111.04° would fll outside the scope of the current Permitted List etry, Telesatseeks modification ofthe entry to reflect th slight shift in is orbital location and stationkeeping box. This slight shift in th technical parameters for Anik E2R will not affect the operations of other satelitesauthorized to serve the United States. Telesat alsocertfies, in accordance with rule 25.117(d)(1)," that there willbe no discernible change to any other information provided in its Pettion for Declaratory Ruling or th technical exhibit attached thereto.® Moreover, Telesat notes that Industry Canada is aware ofand has no diffculty with the required, temporary operations of Anik E2R atthe 111.06° W.L. (+0.03°)orbitl location. * Telesat Canada, Pettion for Declaratory Rulingfor Inclusion ofANIK F2 on the Permitted Space Station List, Order, DA 02—3490 (Int‘I Bur. rel. Dec. 18, 2002). " See 47 CFR. §25.117(0(0). * See generally Anik E2R Petition.

Modification of the Permitted List entry for Anik E2R will serve the publicinterest by ensuring safe co—location ofsatellitesatthe nominal orbital location and continuity of service to US. earth stations. 1t also would permit PanAmSatto continue to use its U.S. lcensed earth station to provide TT&C during the tfi transfer. 3. Request for Extension Until December 15, 2004 In addition, Telesat seeks extension, untl December 15, 2004, of ts Permitted List entry, which will expire on September 30, 2004When Telesatinitally received approval to serve the US. market, it believed that the transfer ofraffc to Anik F2 would be completed well before the end ofthis term. Duto the unforeseen technical complications that caused delays to the delivery and launch ofAnik F2, however, Telesat was unable to launch Anik F2 untiJuly 17, 2004. As a result, tnecessary triffi transfer cannot occur until early October 2004. Telesat therefore requests a brief extension for the purpose ofconducting the trafic transfer ° See Anik E2R Order


Document Created: 2004-10-19 16:36:12
Document Modified: 2004-10-19 16:36:12
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