Attachment GRANT

GRANT

DECISION submitted by IB,FCC

GRANT

2005-07-21

This document pretains to SAT-PPL-20050504-00094 for Permitted List on a Satellite Space Stations filing.

IBFS_SATPPL2005050400094_443473

                                                                                                       Approved by OMB
                                                                                                              3060—0578

Date & Time Fled: May 42005 62538:860PM
File Number: SAT—PPL—20050504—00004
CallsignSatelite ID: 82674
                   APPLICATION FoR SATELLITE SPACE STATION AVTHORIZATIONS               FCC Use Only
                           ce 312 MAIN FORM FoR OFFICIAL USE ONLY

APPLICANT INFORMATION
Enter description of this application to identify it on the main menu:
Telesat — Anik FIR ~ Petiion for Declaratory Ruling (Replacement Satellte)
   1—8 Legal Name ofApplicant
          Name:             Telesat Canada               Phone Number          613—78—0123

          DBA Name:                                      Fax Number:           6l3—78—w712

          Street:           1601 Telesat Court           E—Mail:               Rt Power@telesat.ca

                            Ottwa, Ontario,KIBSP4

          Ciy:                                           Stte:
          Country:          Canada                       Zipcode                   —
           Aftention:       Mr. Robert D. Pover




                              ~~I ries 56y OPL— rpescss~ soor
                               A     |                                  wz\ ans,
                                                 g2@t4             5%:{\-


             Internation:


 9—16. Name of Contact Representative
         Name:         Jennifer D. Hincin                Phone Number                      anr=79—4008
         Company: Wiley Rein & Fielding LLP              Fax Number                        anr=719—7000
         Streee        1776 K Srees, NW                  B—Mai                             jhindin@netcom

          City           Washington                      Stare:                             pe
          County          usA                            Zipcode:                          20006 =
          Aftention      Parie                           Relationship:                     Legal Counsel

CLASSINICATION OF HILING
17. Choose th buttomnext tothe            b
lelassification that applis to thisiling for © b1. Application for License of New Station
Poth questions . and b. Choose only one (NA) b2. Application for Revistation of New Domestic Receive—Only Station
for 17a and only one for17b
                                         (NA) b3. Amendment toa Pending Applicaion
  a.                                     (NA) b¥. Modifiction of License or Repistation
(N/A) al. Earth Sution                   (N/A) bS. Assignment oLicense or Reaistation
                                         (NA) b6. Transfer ofContralof Licensc or Rexistation
   @ 32. Space Sation                    (NA) b7. Notifation of Minor Modifcation
                                         (N/A) b8. Application for License of New Receive—Only Station Using Non—U.S.Licensed Satelite
                                        g 19. Leter oIntentto Use Non—U.S. Licensed Sateliteto Provide Service in the United States
                                        ¢p 510. Replacement Satelite Application= no new frequeney bands
                                        ¢p b11. Replacement Satelite Application— new frequency bands (Not cliibleforsrcamlined
                                        processing)
                                        @ b12. Pattionfor Declaratory Rulingtobe Added to the Permited List
                                        (NA) b13. Other (Please specify)


 17c s a fee submited withthis application?
& 1f¥es, complete and attach FCC Form 159.
 If No,indicate reason frfe exemption (see 47 CR Section 1.1 1149
  @ Governmenta Entity        0 Noncommercialeducational lcensee
@ Oher(please explain): Permited List Filing — No Fee Required

17e. Fee Classifeation BNY — Space Sution (Geostaionary)

18 Ifthis fling is ireference to an existing station, enter
(a) Call sign osation
     Not Applicable


19. fthis fling i anamendimentto a pending application enter
(a) Date pending appli ion was Aied:                                (6) File number of pending application:
Not Applicable                                                      Not Applicable


TVPE OF SERVICE
20. NATURE OF SERVICE: This fling is for an authorizaion to provide orus th following type(s) f services) Select l thatapply:

 [g] a Aved Sitellte
 [C]® Mobile Satelite
 [C]© Radiodetermination Satelfte
 [C] . Barth Explonation Satelite
 [C] 6Direct tHome Fixed Satelite
 [C] C Disital Audio Radio Service
 [C] s Other (please specify)

21. STATUS: Choose thebutton next to the appliable status. Choose—   [22. IFearth staton aplcant, check all ht apply
only one                                                             Not Applicable
   & Common Carriee @ Not—Common Catrie
23. Ifapplicantis providng INTERNATIONAL CONMON CARRIER servic, ee istructions egarding See. 214 flings. Choose oneAre these
fillties
      & Cornectedtoa Public Swtched Network y Not connected t a PubliSwitched Nework @ N/A
24. FREOUENCY BAND®»— Place an "X" in the box(es) nexttoall.applicable frequency band(@)
[E] s CBand @6 GH) g]b Ku—Band (1204 Gito
   [—] Other (Please specify upperand lower frequencies in MH:)
          Prequency Lower: Frequency Upper: (Please specify addftionalfrequencies in an attachment)


TVPE OF STATION
25. CLASS OF STATION: Choose the —button next tothe class osution that apples.. Choose only one
(NA)a.    Fixed Earth Sution
(N/A)b.   Temporary—Fixed Earth Sation
(NA) c    12/14 GHte VSAT Nemwork
(NA) d.   Mobile Barth Station
 @ ©. Geostitionary Space Station
 & £ Non—Geosttionary Space Sution
 &5 2. Other (please specity)


s Tvpr or EARTH STATION                FACILITY: Not Applicabe
PURPOSE OF MODIFICATION

 27. The purpose of this proposed modificationis to: (Place an   in the bos(es) next toall hat   NotApplicable
 arls)

 ENVIRONMENTAL POLICY

 28. Would a Commission grant o any proposali his application or amendment haveasigniieant envronmental qy Yes @ No
 impact asdefined by 47 CFR 1.1307? IFYIES, submit th sttement as required by Sections 11308 and 1.1311 of
 the Commission‘s rules, 47 C.RR. §§1.1308 and 1.1311, as an extibitto this applcation A Radiation Hazard
 Study must accompany all applicationsfornew transmitting ficiites, major modifeations, o majoramendments

 AUIEN OWNERSHIP
Earth station applicants not proposing to provide broadcast, common carvir, aeronautical en routor aeronautical fixed radio station
services are not required to respond to Items 30—34


29,Isthe applicanta foreign govemment or threpresentaive ofany foreign govemment?                                   oYs @Ne oNA



30. Is the aplicant an alien ortherepresentative of an atien?                                                       @15 oN oNA


31. Is the applicant a corporation ormanized underthe laws ofany foreign government?                                @15 oN oNA


32. Isthe applicant a corportion ofwhich morethan one—fith oth capital stock is ouned of record or voted by @ Yes gy No @ N/A
aliens or their representatives or by a foreign government or epresentative thercaor by any corportion organized
underthe laws of foreign country?


33. Is the applicana corporation drecly oindirectly controlled by any other corporation of which more than          @ Yes No @ NA
one—fourth othecapitl stock is owned of record ovoted by aliens, their representaives, or by t forsign
govermiment or representative thereof orby any corporation organized under thelaws of forign country?


34. Ifany answer to questions 29, 30, 31, 32 and/or 33 is Yesattich as an exhibit an identfeation of thaliensor
foreign entiies, ther nationaliy, their relationship to the applicant, anthe percentage ofstock they own or vote.

BASIC QUALIICATIONS


35. Does the Applicant request any waiversor exemptions from any ofthe Commission‘s Rules?                  e«= o No
 Ifves,attach as an exhibt,copies ofth requestsfor walvers or exceptions with supportng documents.
                                                                                                            Extibic1


36. Hasthe applicantorany party t this application or amendment had any FCC station authorizationo cense    0 Y« @ No
revaked or had any application foan inial, modifiation or renewal of PCC station authorization,license,or
constrction permit denied by the Commission? If ¥e, atiach as an exhibt, an expliation of ircumstances.



37. Has the applicant,or any party t this aplication or amendment,orany party diectly oindiectly controlling CRS e
the applicant ever beenconvicted ofa felony by any state or federal court?If¥es, atach as an exhibit, an
explination ofcircumstances.


38. Has n court finall adjudged the applicant,orany person drecty o indirecly contoling th applicant,       o v=       e No
guilty ofunlawihily monopolizing or attempting unlawfily to monopalize radio communication, direcly or
indirectly,though contrl of manufacture or sale ofradio apparatus, exclusive traffc arangement oany other
means or unfir methods ofcompetition? If¥es,atach as an exhibit, an explanation ofcircumstances


39.Isthe applicant,or any person diectly o intirealy contollin the applicant, currenty a party in any pending 0 Y« @ No
matteeferredtoin the preceding two tems?If yesattach as anexhint, anexplanation oth circumstances.


40. Ifthe applicant ia corporation and is applyingfor a space station icense,atach asan exhibitthe names,
addres, and citizenship ofthose stackholders owrning a record and/or vaing 10 percent or more ofthe Filer‘s
voting stack and the percentages so held. In the case offiduciary control, indicatethe beneficiaryes) or class of
benefciaries   Also lis the names and addresses ofthe oficers and diectors of he File.
41. By checking Yes, the undersigned cetifies, that nether applicnt norany other arttothe application is        e Y« o No
subject t a denial of Rederal benefits thatincludes FCC benefits pursuant to Setion 5301 ofthe Anti—Drug Act of
 1988, 21 U.SC. Section 862, because ofa conviction for posession or distibution ofa cantraled substance, Sce
47 CFR 1.2002(b)for the meaning of &quotparty to the aplcation&equotfor these purposes.
42. Does th applicantintend to use a non—S. censed satllt toprovide service in the United States? If¥es,            @ Yes gy No
answer 42b andattach an exhibit providingthinformation specified in 47 C.F R. 25.137, as appropriat. If No,
proceedt question 43.
42b, What admiistation has liensed oris in the process oheensingthe space station? Ifnolcense willbe
issued, what administation has coordinated or is i the process ofcoordinatingthe space sttio Canada


[#3. Description. (Summarie the natureof the application and the servicestobe provided), (Ifthe complete descripton does not appearin this
lbos, please go to the end of the form to view it n its entiety)
      [Telesat Canada petitions the FCC for a declazatory ruling adding Anik FIR, a replacement
      satellite for the North Anerican payloads on Anik FL, at 107.3 degrees H.L. to the
      Pernitted List.             See attached.

  Por
CERNFICATION
[The Applicant waives any caim to the use of any partcular frequency or o e electromagnctic spectrum asagxins the regulatory powerof e
(United Statesbecause of the previous use ofthe same, whether by liense or othervise, and requests an authorization in accordance with this
lpplication. The applicant certffesthat grantof this aplcation would not use the applintto be in volation ofthe spectrum agaregation imit
in 47 CFR Pat 20. All satements made in exhibitsarea materialprthereof and are incorporated herein s if se ut in ull in thisappliation
(The undersigned, individually and for the applicant, hereby certfes that allstatements made in thi applicationand n all attached oxhibis are
inve, complete and corretto the best o his or her knowledg and beief, anare made in good fith
44.    Applicant is a (any (Choosethbutton nextto applicable response)

 g    Indiidual
 @    Unincomorated Association
 @    Patmerstip
 @    Comoration
 @    GovermmentaEnity
 &    Othe(please specity)

45. Name of Prson Signing                                              46. Tite of Person Signing
[Ted Ignacy                                                            Vice President, Finance and Treasurer


47. Plesse supply any needatachments.
 1                                              *                                               3




           wiLLEUL FALSE STATEMENTS MADE ON THI FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT
                  (U.S. Code, Tt 18, Setion 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION
                  (U.S. Code,Tile 47Section 312a)(1)) AND/OR FORFETTURE (U.8. Code, Ti47, Section 503)


Completed Schedule $
ree Novick REqurrep By ThE PAPERWORK REDUCTION ACT
"The publicreportingforthis cllection ofinformation is estimated to average 2 hours perresponse, includingthe time for reviewing instrctions,
searching existingdata sources, athering and maintaining the required data,and completing and reviewing the collction ofinformation. Ifyou
have any comments on this burden esimate,or how we can improve the collction and reduce the burden it causes you, lease write to the
Federal Communications Commission, AMD—PERM, Paperwork Reduction Project (3060—0678), Washinaton, DC 20554, We will also accept
your comments regarding the Paperwork Reduction Act aspects of his collectionvi th Interet if you send them to jboley@ee.gov. PLEAS
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conductorsponsor this callection, unless t displays a currntly vlid OMB control number oif we failto provide you with his notice. This
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Ti FoREGOING NOrIcE is REQuIRED By THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104~13, OCTOBER
1, 1995,4 Us.C. SECTION 3s07,




10


                                saT—rPL—20050504—00004
                           ions of Permitted Space Station List Grant
                                       July21, 200

1. Pursuant to Sections 303(1), 308, 309, and 310 of the Communications Act of 1934, as
amended, 47 U.S.C. §§ 303(), 308, 309, 310. and Sections 0.261 and 25.137(c) ofthe
Commission‘s rules, 47 C.F.R. §§ 0.261, 25.137(c),the Petition for Declaratory Ruling
filed by Telesat Canada (Telesat) (File No. SAT—PPL—20050504—00094) to add the hybrid
C and Ku—band ANIK FIR satellte (Call Sign $2674) located at the 107.3° W.L. orbital
location, which is licensed by Canada, 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 (space—to—Barth), 5025—6425 MHz (Barth—to—space),1 1.7—
12.2 GHz (space—to—Earth) and 14.0—14.5 GHz (Barth—to—space) frequency bands, to,
from, or within the United States, byaccessing the ANIK FIR. satellte (Call Sign:
$2674) at the 107.3° W.L.. orbital location,in accordance with the technical specifications
set forth in its petition for declaratoryruling. this Attachment, and the Commission‘s
Rules and subject to the following conditions:

       a) ANIK FIR is not authorized to provide anyDirect—to—Home (DTH) service,
       Direct Broadcast Satellite (DBS) service, or Digital Audio Radio Service (DARS)
       t from, or within the United States;
       b) Communications between ALSAT—designated routine earth stations and the
       ANIK FIR satellite shall be in compliance with the satellite coordination
       agreements reached between Canada and other administrations;

       c) Telesat‘s request for waiver of Section 25.210(a)(3) of the Commission‘s rules
       is GRANTED as conditioned. Section 25.210 requires thatall space stations in
       the FSS used for domestic service in the C—band shall be capable of switching
       polarity upon ground command. This provision is required for two reasons: to
       permit U.S—licensed satellites the flexibility to be assigned to different U.S.
       orbital positions and to mitigate potentiainterference between adjacent FSS
       systems transmitting analog TV signals. The transmission polarization ofthe C
       band payload of Telesat‘s ANIK FIR satellite cannot be reversed from the
       ground. Telesat indicates that it has completed international coordination of
       ANIK FIR with the operators of the adjacent satellitesserving the U.S. market
       Telesatindicates that the coordination takes into account the porential for
       interference between adjacent FSS transmiting analog TV. Telesat further
       confirms that ANIK FIR will carryFM TV signals (a subset of analog TV
       signals) only on transponders that have been coordinated for such use. Thus, as a
       condition ofthis waiver, Telesat is only permitted to transmit or receive FM video
       TV signals on transponders that have been coordinated and ANIK FIR must
       accommodate future satellite networks serving the United States that are two—


         degree compliant. Grant of this waiver requestis consistent with our precedents"
         and
         4) Telesat‘s request for wavier of Section 25.210() ofthe Commission‘s rules 18
         GRANTED. Section 25.2100) directs, "Space station anternas in the Fixed=
         Satellite Service must be designed to provide a cross—polarization isolation such
         that the ratio ofthe on axis co—polar gain tothe crosspolar gain ofthe antenna in
         the assigned frequency band shall be atleast 30 dB within its primary coverage
         area."" Telesatindicates that the cross—polarization isolation for ANIK FIR over
        Hawali does not meet the 30 dB ratio. Telesat, however, notes that because the
        ratio in that limited case exceeds 27 dB, the shortfall will not produce a
        significant increase in interference, except to ANIK FIR. Grant ofhis waiver
        request is consistent with our precedent."
2. This action is taken pursuant to Section 0.261 ofthe Commission‘s rules on delegated
authority, 47 C.F.R. § 0.261, and is effective upon adoption. Petitions for reconsideration
under Section 1.106 or applications for review under Section 1.1 15 ofthe Commission‘s
rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days ofthe date ofthe public
notice indicating that this action was taken.




                ||      Pm               | mes     §4T— PPL—20050561—00094
                                                  §§7—  PPL—20050561—0
                                                 $2674           onabm Suly            T , 2008
                                                                Toaw Dates
                                                                      To


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                                         M/Z‘Qk\fi iskx)                            s


! See Mabshay Philippines Satelite Corp.Pertion for Declratory Raling. Applicatin of Lorl CyberStar
Inc.for Authority tOperate Two TransmiReceiveEath Stations at Kapolci, Hawail, for Use in
Conjunction with the Mabuhay Sateite Locatedat 146 EL. Order anddudhoriation, 15 FCC Red
23671, 23676 par. 13 (2000) rantng a waiverofsection 25.210@)0)animposing        the same condiion
imposed hero
" Star One SA ; Pettonfor Declaratary Ruling to Add The Star One C1 Stelit at 65° WL to the
Permited Space Statin List Order, 19 FCC Red 16234 (Sat. Di. 2004)(Rndingthat the impact on
neighboringsatlitesystems ofa 3—5 dB diffeence from therequired cros polarization isolation rtlo
would be nesligble)



Document Created: 2005-07-21 15:46:47
Document Modified: 2005-07-21 15:46:47

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