Attachment grant

grant

DECISION submitted by IB, FCC

grant

2006-06-21

This document pretains to SAT-PPL-20060330-00035 for Permitted List on a Satellite Space Stations filing.

IBFS_SATPPL2006033000035_506623

Approved by OMB 3060-0678 Date & Time Filed: Mar 30 2006 5:55:58:736PM File Number: SAT-PPL-20060330-00035 Callsign/Satellite ID: S2696 APPLICATION FOR SATELLITE SPACE STATIONAUTHORIZATIONS FCC Use Only FCC 3 12 MAIN FORM FOR OFFICIAL USE ONLY I APPLICANT INFORMATION I I Enter a description of this application to identify it on the main menu: SES Gibraltar Permitted List Filing for C-4 1-8. Legal Name of Applicant Name: SES Satellites (Gibraltar) Limited Phone Number: 609-987-4000 DBA Name: Fax Number: 609-987-4233 Street: Suite 9A Leanse Place E-Mail: nancy.eskenazi@ses-americom. com 50 Town Range City: State: Country: Gibraltar Zipcode: Attention: Nancy J. Eskenazi

Pursuant to Sections 303(r), 308,309, and 310 of the Communications Act of 1934ys amended, 47 U.S.C. $5 303(r), 308, 309, and 310, and Sections 0.261 and 25.137(c) of the Commission's rules, 47 C.F.R. $5 0.261, and 25.137(c), the petition for declaratory ruling filed by SES Satellites (Gibraltar) Ltd., SAT-PPL-20060330-00035,'to add the C-band Satcom C-4 satellite located at the 104.95' W.L. orbital location, which is licensed by Gibraltar, to the Commission's Permitted Space Station List IS GRANTED. Accordingly, each earth station with "ALSAT" designated as a point of communication IS GRANTED authority to provide Fixed Satellite Services (FSS) to, from, or within the United States, by accessing the Satcom C-4 satellite at the 104.95' W.L. orbital location in the 5925-6425 MHz (Earth-to-space) and 3700-4200 (space-to-Earth) MHz frequency bands, in accordance with the technical specifications set forth in the petition for declaratory ruling, this Attachment, and the Commission's Rules and subject to the following conditions: 1, This action is effective upon the date that the Satcom C-4 satellite reaches the 104.95' W.L. orbital location and the U.S. license for that satellite is terminated? SES Satellites (Gibraltar) Ltd. shall inform the Commission, through a letter to the Chief, Satellite Division, FCC, within five business days following the date on which the Satcom C-4 satellite arrives at the 104.95' W.L. orbital location. 2. Satcom C-4 is not authorized to provide any Direct-to-Home Service, Direct Broadcast Service, or Digital Audio Radio Service to, from, or within the United States. 3. Communications between ALSAT-designated routine earth stations and the Satcom C-4 satellite shall be in compliance with coordination agreements reached between Gibraltar and the United Kingdom and other administrations. 4. The Federal Communications Commission has exchanged letters with the United Kingdom Office of Communications and the Gibraltar Regulatory Commission to ensure a mutual understanding regarding the operations of the Satcom C-4 satellite. The understandings and factual basis for these understandings are attached in Annex A, and are material considerations for the grant of this authority. 5. This action is issued pursuant to Section 0.261 of the Commission's rules on delegated authority, 47 C.F.R. tj 0.261. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's rules, 47 C.F.R. $5 1.106, 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken. 1 The petition for declaratory ruling was placed on public notice as accepted for filing on April 14,2006. See Policy Branch Information, Satellite Space Applications Accepted for Filing, Report No. SAT-00354 (released April 14,2006). No comments were filed. 2 See IBFS File No. SAT-STA-20060330-00034 (granted on June 16,2006) (condition 6 states that "[Elffective upon the date the Satcom C-4 satellite reaches the 104.95' W.L. orbital location, the U S . license for that satellite (Call Sign: S2446) is terminated.").


Federal Communications Commission Washington, DC 20554 inlemnationat Bunaa: June 16, 2006 Mr. Paul J. Canessa Chief Executive Cibraltar Regulatory Authority Suite 811, Europort Chbraitar Malcoim Johnson International Coordinator Ofcom Riverside House 2a Southwark Bridge Road London SE1L9IHA United Kingdom Re: Operations ofthe Satcom C—4 Space Station Dear Msears. Canessa and Johnson: This letter is to confirm the informal understandings ofthe Gibraltar Regulatory Authority (GRA), the Office ofCommunications of the United Kingdom {Ofcom) and the Federal Communications Commission (FCC) concerning certain issues involved in the operation of a geostationary sateilite known as Satcom C—4 by SES Amenicom, Inc. {(SES Americom) and SES Sateilites (Gibrailtar) Ltd. (SES Gibraltar), a wholly—.owned indirect subsidiary of SES Americom. Background SES Americom is authorized by the FCC to operate the Satcom C—4 space station at the 85° W.L. orbital location. Satcom C—4 is a C—band—only space station. SES Americom and SES Gibraltar plan to move the Satcom C—4 space station from the 85° W.L. orbital location to the 104.95° W.L. orbital location, where the sateilite will operate until the anticipated launch of AMC—18 to that location in late 2006, AMC—18, also a C— band—only space station, is currently under construction. On March 6, 2006, the GRA suthorized SES Gibraltar to operate the Satcom C—4 sateilite at the 105" W.L. orbital location. That license was conditioned upon using a satellite control center established in Gibraltar to undertake the primary method of telemetry, tracking and control {TT&C) of

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Sra Gibraiter Regulatory Authority Suite B11, Eumoport UObraiter Tel: +350 74636 Fax: +350 ?2166 a—mail: infosigra.gi art hrtpeffanvangra.gl ¥Your ref. Our “fv ifizA Date 16 June 2006 Mr Robert G Nelson Chief Satellite Services Federal Communication Commission Washington, DC 20554 USA Dear Mr Nelson Operations of the Satcom C—4 Space Station Thank you for your letter of 16 June 2006 to Ofcom and the GRA setting out our informal common understandings concerning the various technical issues involved in the operation of the Satcom C—4 space station. 1 am pleased to confirm on behalf of the GRA that this corresponds to our understanding. Yours sincerely Paul J Canessa Chief Executive

9-1 6. Name of Contact Representative Name: Karis A. Hastings Phone Number: 202-637-5767 Company: Hogan & Hartson L.L.P. Fax Number: 202-637-5910 Street: 555 Thirteenth Street, NW E-Mail: KAHastings@HHLaw.corn City: Washington State: DC Country: USA Zipcode: 20004 -1109 Attention: Relationship: Legal Counsel I CLASSIFICATION OF FILING 17. Choose the buttonnext to the b. Aassification that applies to thisfiling for 0b 1. Application for License of New Station both questions a. and b. Choose only one @/A) b2. Application for Registration of New Domestic Receive-Only Station for 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 Y/A) al. Earth Station @/A) b6. Transfer of Control of License or Registration a2. Space Station @/A) b7. Notification of Minor Modification @/A) b8. Application for License of New Receive-Only Station Using Non-U.S. Licensed Satellite Q b9. Letter of Intent to Use Non-U.S. Licensed Satellite to Provide Service in the United States 0 b 10. Replacement Satellite Application - no new frequency bands 0 b 11. Replacement Satellite Application - new frequency bands (Not eligible for streamlined xocessing) b12. Petition for Declaratory Ruling to be Added to the Permitted List T\J/A)b 13. Other (Please specifl) 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 1.1114). 0 Governmental Entity 0 Noncommercial educational licensee @ Otherblease explain): Permitted List Filing - No Fee Required I17c. Fee Classification BNY - Space 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@)of service(s): Select all that apply: a. Fixed Satellite b. Mobile Satellite c. Radiodetermination Satellite 0d. Earth Exploration Satellite 0e. Direct to Home Fixed Satellite f. Digital Audio Radio Service g. Other (please specifl) 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 !3. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one.Are these acilities: 0 Connected to a Public Switched Network 0 Not connected to a Public Switched Network N/A 14. FREQUENCY BAND(S): Place an "X" in the box(es) next to all applicableequency band(s). a. C-Band (4/6 GHz) b. Ku-Band (12/14 GHz) 0 c.Other (Please specify upper and lower fiequencies in MHz.) Frequency Lower: Frequency Upper: (Please specify additional frequencies in an attachment) 4

TYPE OF STATION 25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one. (N/A) a. Fixed Earth Station (N/A) b. Temporary-Fixed Earth Station @/A) c. 12/14 GHz VSAT Network @/A) d. Mobile Earth Station e. Geostationary Space Station. Q f. Non-Geostationary Space Station 0 g. Other (please speciQ) 26. TYPE OF EARTH STATION FACILITY Not Applicable PURPOSE OF MODIFICATION I27. The purpose of this proposed modification is to: (Place an "X" in the box(es) next to all that Not Applicable I apply.) ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental 0 Yes e No impact as defined by 47 CFR 1.1307? IfYES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. $0 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? 4 Y e s @No 30. Is the applicant an alien or the representative of an alien? QYes @No 4 N / A 3 1. Is the applicant a corporation organized under the laws of any foreign government? @Yes 4 N o QN/A 32. Is the applicant a corporation of which more than one-fifth of the capital stock is owned of record or voted by 4 Yes No 4 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 0 No 4 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 29,30,3 1,32 and/or 33 is Yes, attach as an exhibit an identification of the aliens or foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote. BASIC QUALIFICATIONS 6

35. Does the Applicant request any waivers or exemptions from any of the Commission’s Rules? Qlp Yes 0 No IfYes, 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 0 Yes e 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 0 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 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 0 Yes @ No matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances. 7

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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.) SES Satellites (Gibraltar) Ltd. petitions the FCC for a declaratory ruling adding Satcom C-4 at 105 degrees W.L. to the Permitted List. See Attachment 1. Attachment 1 I CERTIFICATION ~~ ~~ The Applicant waives any claim to the use of any particularfrequency 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. 44. Applicant is a (an): (Choose the button next to applicable response.) Q Individual Q Unincorporated Association Q Partnership Q Corporation 0 Governmental Entity Other (please specify) Foreign Entity 45. Name of Person Signing 46. Title of Person Signing John Nelsen Vice President, Business Operations 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)(I)), 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


Document Created: 2006-06-21 12:00:15
Document Modified: 2006-06-21 12:00:15
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