Attachment grant

grant

DECISION submitted by FCC,IB

grant

2004-09-28

This document pretains to SAT-PPL-20040805-00157 for Permitted List on a Satellite Space Stations filing.

IBFS_SATPPL2004080500157_398287

resasss,. tz?"\a n ‘ 5Z2 anmbee 9/2‘:[2»{ | Approved by OMB TemDaw 3050—0578 FnnSt? ohripe TaSet ‘ii£ lng, GRANTED Dite& Time Filed: Aug 52004 11:18:57:060AM ... , File Number: SAT—PPL—20040805—00157 SerattadSowe Aupoved. ‘/.4/—._§Atexe, Lieh CallsipnSatellte TD: $2630 Bist Labthoct Berias o Ea—ik. App_iCATIoN FoR SATELLITE SPACE STATION AUTHORIZATIONS FCC Use Only CC 312 MAIN FORM FoR OFFICIAL USE ONLY APPLICANT INFORMATION Entera description of this application to identify it on the main menu: Superbird—C Petition for Declaratory Ruling 1—8. Legal Name of Applicant Name: Space Communications Phone Number: 81334621373 Corporation DBA Name: Fax Number 81334621301 Stret 2—8, Higashi—shinagava 2—chome E—Mail: Shinagawa—ku, Tokyo * City: Siie: Country: Japan Zipcode: — Atention: MKoichiro Matsufiji

Attachment Terms and Conditions of Authorization 9292004 1. Pursuant to Sections 303(), 308, 309, and 310 of the Communications Act of 1934, as amended, 47 US.C. §§ 303(), 308, 309, 310, and Sections 0261 and 25.137(c) of the Commission‘s rules, 47 C.F.R. §§ 0.261, 25.137(), the Pettion for Declaratory Ruling filed by Space Communication Corporation(File No. SAT—PPL—20040805—00157) to Add the Superbird— C suelite ($2639) at 143.95° WL. to the Permited Space Sation List is GRANTED: Accordingly each US—licensed earth station with "ALSAT® designated. as a point of communication, 1 GRANTED authority to provide Fixed Satellite Services (FSS)in the 11.902— 11038 Gite (space—o—Rarth), 11.9895—12.0165 GHz (space—to—Rarth), 12.0095—12.0765 GHz (space—to—Earth), 12.1095—12.1365 GHe (space—to—Earth), and 14.0—14.5 GHz (Barth—to—space) frequency bands, to, rom, or within the United Sttes, by accessing the Superbird—C satelite at the 14395° W.L. orbit location, in accordance with the terms, conditions, and technical specifications set fortin is application, his Aftachment, and the Commission‘s Rules. a) Superbird—C is not authorized to provide any Directo—HHome (DTH) service, Direct BroadeastSatelite (DBS) service, or Dizital Audio Radio Service (DARS) tofrom, or within the United Sttes; b) Communications between ALSAT—designated routine earth stations and the Superbird—C satelite shall bin compliance with the satelte coordination agreements reached between Japan and other adininisttions; and ) Superbird.C is not authorized to provide downlink services into the United States and its Possessions in the 12.2—12.75 GHz frequency band. 2. We GRANT Space Communications Corporation‘s request for waiver of the fulls frequency reuse requirements contained in Section 25.210() of the Commission‘s rule to permit Superbird:C to transmit to Haswaii without employing fill frequency reuse in the downlink band from 11.92 — 12.123 GHtz. In its application, Space Communications Corporation states thatthe Superbird—C Kucband satelite‘s Hawaibeam consists of four channels that are horizontally polarized and separated in frequency. Space Communications Corporation furtherstates that due to the desizn of the satelfte, it is not possible to use all of the vertical and horizontalchannels on the Hawaii Beam and, athe same time, provide suffcient capacity and power for the Japan and Asia beams._ Although Superbird:C docs not fully conform to the standard set forth in Section 25210(of the Commission‘s Rules, we auree with Space Communications Corporation‘s assertions that filure to meet the fulfrequency reuse requirements will not waste the unused spectrum because there are no adjacent satelftes that could use this spectrum.. Grant of the waiver will serve the public interest by increasing competition in the Hawaii market and providing backup for critical services. Furthermore,the Commission has waived this requirement where doing so would allow satelite capacity that would otherwise lay dormant to be used to provideservice 3. This action is taken pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.FR. § 0.261, and is effective upon adoption. Pettions for reconsideration under Sections 1.106 or applications for review under Section 1.115 of the Commission‘s rules, 47 See, eBinaring Satelte Systems SDN BHD, Peiton for Declantory RulingOrder, 18 C.C. Red 16623, 16628,(pare. 14) (InI Bu, SDiv.2003)

CFR. 5§ 1.106, 1.115, may be filed within 30 days of the dat ofthe public notice indicating that thi action was taken.

9—16. Name ofContactRepresentatve (other than applian) Name: Laura B. Sherman Phone Number: qos—216—3150 Compa Fax Number: qos—276—s809 Street 3335 N. Randolph St E—Mail Inursbsherman@yahoo.com Ciy: Artington Stre: va Couty: USA Zincode: maur — Contact Tite: Relationship: Legal Counsel CLASSIRICATION OF FILING 17. Choose the buttomnext to the b. ctassifeation tat appliesto thisfing for b1— Application for License of New Station both questionsa. and b. Choose only one (N/A)b2. Application for Reaistration ofNew Domestc Receive—Only Station for 17and only one for 176. (N/A) b3. Amendmentto a Pending Application a (N/A)b4. Modifeation of License or Registation (NA)al. Eath Station (N/A)b5.Assignment of License or Revistration (NA)b6. Trnsferof Contol of License or Registation @ 12. Space Sation (NA)b7. Notifeation of Minor Modifeation (N/A) b&.Application for License of New Receive~Only Sation Using Non—U.S. Licensed Sateite & 59. Letter ofIntent to Use Non—U.. Licensed Sateliteto ProvideService in the United States & 10. Replacement Satelite Application —no new frequency bands @ b11. Replacement Satelfite Appliation —new frequency bands (Notcligible for stanlied processing) @ b12. Ptiion for Declaratory Rulingtobe Added to the Permited List (NA)b13.Other (Please speciy)

T7c. Is a Tee submited withthis application? 0 If Yes,complee and attach FCC Form 159. If No,intieat reason for fee exemption (see 47 CR Section 1.1114) g Govemmental Entity qy Noncommeial edueational licensce @ Otherfplease explain; No fee required forpetiion fordecliratoryruling T7c. Fee Classfcation BNY— Space Number of Stelite: 0 Sution (Geostationary) 18. Ifthis ling is in reference to an existing station,erter (@) Call sign osttion: Not Applicable 19. Ifthis ling is an amendmentto a pending applcation enter (®) Date pending application was Aled: (b) File nurmber of pending appliation Not Applicable Not Applcable

TYPE OF SERVICE 20. NATURE OF SERVICE: Thisfilngis foran authoriationtoprovide or use the following type(s) of servic(s) Seletall that aply. a. Fixed Satelte D b. Mobile Sitelite D ¢. Radiodetermination Satllte D . Earth Explortion Satelite D &. Directto Home Fixed Sitelite D F. Digial Audio Radio Service [C] # Other (lease speci) 21. STATUS: Choose thebatton next to the applcable satus. Choose 22. IF arth station applicant,check allthat apply only one Not Applicable g Common Carriee @ Nor—Common Carrir 23. Ifapplicant is providng INTERNATIONAL COMMON CARRIER service, se instructons regarding Sec. 214 flings. Choose oneAre these ncil g Connected to a Public Switched Netwark gy Not connected to a Publi Switched Nemork @y NA 24. FREQUENCY BAND®):Place an "X"in the bon(es)next t ll_ applicable requency band(s) [—] * C—Hand @6 Gite) gg b. Ku—Band (12/14 Gite) [—] © Other (Pleasespecify upper and lower frequencies in MItz) Frequency Lower: Frequency Upper: (Please specify addtional requencies in an attachment)

TYPE OF STATION 25. CLASS OF STATION: Choose the button nex t the class of sation that apples.. Choose only one (N/A)a Fixed Earh Sution (NA)b. Temporay—Fixed Eath Station (NA) c 12/14 GHtz VBAT Nemork (NA) d. Mobile Earth Station @ & Geostitionary Space Station & £ Nor—Gcosttionary Space Sution @ £ Other (please specify) Petition for Declaratory Ruling = 1 GSO 26. TYPE OF EARTH STATION FACILITY: NotApplicable PURPOSE OF MODIFICATION 27. The purpose ofthis proposed modification is t: (Place an *Xin the box(es) nextto all that NotAppliable anols) ENVIRONMENTAL POLICY 28. Would a Commission grant ofany proposalin this applicationor amendment have a significant environmental gy Yes @ No impact asdefined by 47 CFR 1.1307? IfYES, submitthestatement as required by Sections 11308 and 1.1311 of the Commission‘sriles, 47 C.ER. 5§ 1.1308 and 1.1311, asan exhibtto this application. A Radiation Hazard Study must accompany all applieations for new trmsmitingfciltes, major modifiations, or major amendments ALIENOWNERSHIP Earth station applicants not proposing to provide broadeast, common cartir, aeronautical en route or acronautical fixed radio station services are not required to respond to Items 30—34.

29.theapplicanta foreign government or the representaive of any foreign government? 0s @N° oNA 30. s the applicant an alien or the representativeofan alen? o« en oNA 31. Is the applicant a corporation organized under the lws ofany foreign govemment? 615 oN oNA 32. Is the applicant a corporation of which more than one—fithofthe capital stock is owned of record or voted by @Yes No @@NA atiens or their representatives or by aforeign govemment or representatve thereoror by any corporation organized underthe laws ofa foreign country? 33. Is the applicant a corporation directly o ndirectly controlled by any other comporation of which more than @Yes @No NA one—fourth ofthe capital stock is owned of record ovated by aliens, thei representatves,or by a foreign govermment or epresentative thereof or by any corporation onganized. underthe aws ofa foreign country? 34. Ifany answer to questions 29, 30 31 32 and/or33 is Yes, attachas an exhibit an identification of thaliens or ExhbitA. foreign entitis,thir nationality,their relationshipto the applicant, andthe percentage ofstock they own or vote. BASIC QUALIFICATIONS

35. Doesthe Applicant request any waivers or exemptions from any ofthe Commission‘s Rules? eY= oN 1f¥es,atiach as an exhibit, copies oftherequestsfor waiversor exceptions supportingdocuments ExhibicB 36. Has the applicant orany paty t this aplieation oramendment had any FCC stationauthorization or lcense 0 1# o No revaked or had any application for an inital, modifieation or enewal ofFCC station authorzation, leense, or construction permit denied by the Commission?If¥es,attach as an exhibit, an explination of circumstances. 37. Has the applicant, o any partytothis applcation or amendment, or any paty diectly o indirectly controlling 0 Y# @ No the applicant everbeen convited ofa flony by any state orfederl court? T¥es,attach as an exhibit,an explination o ircumstances. 38. Has any court finally adjudged the applicant,orany person direaly or indirecly contoling theapplican, 91s @ No guily ofunlawfully monopolizing or attemptiing unlawfully to monopoliceradio communication, directly or indirecty, through contralof manuficture or sale of radio apparius,exclusivetrific arrangement or any other means or unfiir methods ocompetition? If¥es,atach as an exhibt, an explanation ofcircumstances 39. s the applicant, oany person direcly or intirecly contralingtheapplicant, currently a party in any pending o 18 @ No matir referred to in the preceding two iems? IF yestach as an exhinit,anexplanation ofthe ircumstances. ‘echnical Appendix

40. Ifthe applicant i a corportion and s applying for a space station icense,attach as an exhibithe names, address, and citizenship of those stockholders owning a record andor voting 10 percent or more ofthe Filer‘s votingstock and the percentages so held. In thcase of iduciary control,indicatethe benefiiaryies) or class of. Exhibit C beneficiaries. Also listthe names and addressesofthe offcersand directors ofthe Filer 41. By checkingYesthe undersigned certifes, that neither applicant nor any other party to the application is Yes & No subject toa denialof Federalbenefits hatincludes FCC benefis pursuantto Section 5301 of the Anti—Drug Act of 198§, 21 U.S.C. Section 862, because ofa comviction fr possessionordistrbation of a contraled substance, See 47 CFR 1.2002(b)forthe meaning of&quotparty to the application&iquot; for these purposes. 425. Does the applicantintend t use a non—U.3.lcensed steliteto provide service in the United States? IfYes, @ Yes ¢y No answer 42b and atach an exhibit providingthe information specifedin 47 C.FI. 25.137, as appropriat. IfNo, proceed to question 43. 426. What admninistation has icensed or is n the process of icensingthe space station? Ifno license willbe issued, what administation has coordinated oris n the process ofcoordinating the space stion? Japan

1. Deseription. (Summarizethe nature oftheapplcation and the serviees to be provided)._ (Ifhe complet description does not appear in this box, lease go to the end ot form to view it in ts entzety) Space Conmunications Corporation requests that Superbird—C, a Ku—band satellite, located lat 144 E., be added to the Permitted Space Station List, as further explained in the lattached Petition for a Declaratory Ruling and Technical. Appendix Peifion CERTIFICATION [The Applicant waives any laim to the use oany paticalr frequency oofthe electomagnctl spectrum as agains e regulatory power ofthe [United Sttes because ofthe previous use ofthesame, whether by leense ootherwis, and requests an uthorization in accordance with this lapplication. Theapplicantcertifis that rant ofthis applcation would not cause th applicant o be in vilaton ofthe spectrurm agaregation limit in 47 CFR Part 20. All sttements made in exhibits are a materil prthereorand are incorporated herein as i set ut in fullin thi appliation. [The undersigned, individualy and for th applicant,heraby certfes thatal statementsmadl n thisapplication and in ll atached exhibitsare frue, completeandcorzectto the best ofhis orher knowledge and betier,and are madl in good fith. A.— Applicantisa (an (Choosethe buton next to applcable response) g Individual @ Unincorporated Association @ Parimership @ Cooration @ Governmental Enity @ Other(please specify) i5 Name of Person Signing 46. Tile of Person Signing Masuyuki Annen President

7: Please supply any need attachments 1 2 x wiLLEUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Tie 18, Section 1001), AND/OR REVOCATION OF ANY STATION AVTHORIZATION (U.S. Code,Tile 47, Section 312@)(1)), AND/OR FORFETTURE (U.S. Code, Tile 47, Section 503) Completed Schedule S ECC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT ‘The publicreporting for this colletionof information is estimated to average 2 hoursperesponse,including the ime for reviewing instructions, searching existing data sources, gathering and maintainingthe required dat, and completingand eviewing the collectionof information. 1fyou have any comments on this burdeestimate,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 willalso accept your commentsregarding the Paperwork Reduction Act aspects ofthis calection via the ntemctif you send them to Jboley@fec.gov. PLEASE Do NoT SEND COMPLETED FORMS To THIAbRESS. Remember — You are notrequired to respond to callction ofinformation sponsored by the Federal govermment, and the govermment may not conduct or sponsor thi collection, unles it displays a currenly vlid OMB contol number orifwe fail to provide you with this notics. This colletionhas been assigned an OMB control number of3060—0678. TtE FOREGOING NOTICE Is REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 10+—13, OCroBER 1, 1998, 44 US.C. SECTION 3s07. 10


Document Created: 2004-09-29 15:00:06
Document Modified: 2004-09-29 15:00:06
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