Attachment bond

bond

OTHER submitted by Star One

bond

2008-03-10

This document pretains to SAT-PPL-20071113-00159 for Permitted List on a Satellite Space Stations filing.

IBFS_SATPPL2007111300159_629059

A T T O R N E Y S AT 1.AW Daniel C.H. Mah 1330 Connecticut Avenue, NW 202.429.6414 Washington, DC 20036-1795 dma h@steptoe.com Tel 202.429.3000 Fax 202.429.3902 steptoe.com VIA HAND DELIVERY MAR 4 0 2068 Federal Communications Commission March 10,2008 Office of the Secretary Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, SW Washington, D.C. 20554 Re: Bond Filing for Star One S,A. File Nos. SAT-PPL-20071113-00159; Call Sign S2742 (granted Feb. 7,2008) Dear Ms. Dortch: Earlier today, Star One S.A. (“Star One”) submitted a copy of a performance bond for the proposed Star One C5 satellite. Unfortunately, due to inadvertence, an unsigned copy of the bond was attached to that earlier filing. Star One hereby submits a signed copy of the performance bond to replace the previous bond filing. IBFS will not accept another bond submission today for this application, so five copies of this substitute bond is being submitted by hand. Please associate this filing with the above-referenced file number. Please contact the undersigned if you have any questions about this filing. Respect fu 1Iy submitted, Daniel C.H. Mah Counselfor Star One S.A. Attachment (License and/or Permit Continuous Bond No. 2071209) cc: (via electronic mail) Andrea Kelly, International Bureau Jeanette Spriggs, International Bureau WASHINGTON NEW Y O R K CHICAGO PHOENIX L Q S ANGELKS CENTURY CITY LONDON BRUSSkLS

This bond I$ executed ~nUuplicato license and/or Permit Continuous Bond KNOW ALL MEN BY THESE PRESENTS, that we Star One S.A as Principal, and North American S ~ e c i a ! ~ u r f t n cComoanv, e Inc., B New Harnpshiro corporation. a5 Surety, are held end firmly bound unto the United States Treasury, as Obligee, in the maximum pond sum of n r e e Million and N d l 00 tS3~~00.000,OO~ U. S. Dollars as such msximun~panal surn may be reduced pursuant to tho terms and conditions set forth below, for which payment. well and truly to be made, we bind ourselves. our heirs, executors, administrators, successors and assigns, jointly and severally, firmly. by these presents. WtrEREAS, the above bounden Principal has obtained a ficense 01 permit from t h e Federal Carnrnunications Conmission {"FCC") for authority to construct, launch and operate Fixed Satellite Sorvices in tho 14OOO-I4500 MHz (Earth-to-space), 11700-1 2200 MHt (space-to-Earth, 5925- 6425Mhz (Earth-to-space) and 3700-4200 MWz (space-to-Earth)frequency bands,to, from. or within the United States. by accessing the Star One C5 satellite (Cail Sign: 52742) at the 68" W.L. orbital location, in pursuant to its application, SI+?'-PPL-20071t13-0015Q, Call Sign S2742 in accordance with the terms snd conditions set forth in its authorization, including the filing of this bond with llie FCC pursuant to; and WHERFAS, the Principal is required by law to file with the FCC a bond conditioned as hereinafter set forth; NOW, THEREFORE, THE CONDlTlON OF THIS OHltGAT'lON IS SUCH. that i f the Principal shall well and truly perform each and every obligation set forth below at the time end in the manner specified during the term of this bond, then this obligation shalt be void, otherwise to remain in full force and effect. PROVlDED HOWEVER, that this bond is subject to the following conditions: 1. The Fixed Satellite Services in the 14000-14500 MWt (Earth-to-space), 11700-1 2200 MHz (space-?o-Farth, 5 92 5-64 2 5Mht (Earth-to-space) and 3 700-4 200 M W x (space-to-Earth) f 1oquency bands, to, from, or within the United States, by accessing the Star One C 5 satellite (Calf Sign: 52742) at the 68" W.L. orbital iocation, in pursuant to its application, SAT-PPt-2007 1 E3-00159 ., C d l Sign S2742 -.-"... _,I authorized by the FCC must be constructed, launched and placed in operation in accordance with the technical pararneters and terms end conditions of the grant authorization by the following s pecifiod ti me periods {milestones): a. Enter Nan-contingentScttellite Manufacturing Contract: February 7, 2009; b. Carnpiete Critical Design Review: February 7, 20 10; c. Begin Physical Construction: February 7, 201 1; d Launch and Operate; February 7, 201 3; 2. Upon completion of each milestone confirmation of which will be filed with the FCC by the Principal. and issuance of a Public Notice by the FCC confirming sam0. the maximum penal sum of the bond shall bc reduced b y $750,000.(>0 via a rider 20 this bond sent to the FCC and the Obligee, 3. In the event of a Notice of Default (ike.,an order or public notice revoking tho Principal's authorization) issued by the FCC ta the Principal and the Surety regarding tho porformance of the niilestones specified above during the term of this bond, tho Surety shall be liable only up to the current outstanding maximum penal surn &mount afler applicable milestone reductions. It is also understood and unconditronatly agreed that upon receipt of such Notice of Default, tho sole remedy under this band - I -

will be the tender of payment ofthe current outstanding maximum penel sum of the bond within thirty (30) business days of such Notice 01 Default. Any such Notico of Default made under this Bond shall be made in writing and shall be 9ivot.r by a gersonal delivery or axpedited delivery sorvice, postage pre-paid, addressed to the psrtios at tho addresses specified below: To the Surety: North American Specialty h w r a n c e Company An: Surety Claims 1200 Arlington Weights Road, Suite 400 ttasca, It 601 43 To the Principal: Star One S.A. Praia de Botafogo 228,30 Rio de Janoiro, Brazil Attn: Luiz Prates 4. No right af action shall accrue on this bond to or for the use of any person or corporation other than the Obltgce named harem or the heirs. executors. administrators or successors of the Obligee. 5 I f any conflict or inconsistency exists between the Surety’s obligation or undertakings as described tn this band and as described in o?her documents. statutes or regulations. then the terms Qf this bond shalt provarl. PROVIOEQ FURTHER, that regardless of the number of years this bond shall continue or be continued in force and oC the number of premiums that shall b e payable or paid the Surety shall riot be liable hereunder for a larger emount, in the aggregate. than the current outstandinO maximum penal sum of this bond. PRQVlDED FURTHER, that this bond shall be effective on the 2nd day of February, 2008.and shall cease at such time as the FCC confirms that the Principal has satisfied all of the milestones set forth in paragraph 1 above, unless earlier cencetied8s prauided below. S i ~ n e dsealed , and dated the e d a y of hJm~$. 2008. Pr irici paI: ;.Statog. S.A. F---

NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY fiIESf PRESENTS.THAT North Amerlcen Specialty lnsurance Cornpimy, B carporuion duly organtad and existing under laws crf thc State of New tlampshirc, d having 11s principal o f i u in the City of hlanchester. Nuw tlampshim. sod Washington International Insuraocr‘ Company,a cutgoration orgmimd 4 cxisttng undcr the laws oflhc State o f Arizona and having 11sprincipal ofiicc iii the City of l?stsca, Illinois. aich does h m b y make. constitute and appoint -IF--- “_I_ I __-_ LOIS JEAN BLINN, KAY A. IIULL _ _ _I - -- BRIAN PASSOLT AN? VASMRJ PATEL __I- -II__ A__- Jaintty and Severally ---__I to make. cxccutc. seal and deliver, for and on its behalf lurd as its act and deed, hands or other wbiings Its tntc and iswfui Attorney(sj-in-i;act, I hligatory in thc niilun ofa band on behalf of tach of sad Companies, as surcty. on contracts of mmtyship as arc or may be required cu permitted by JEW, qulatictn. contract or otherwise, provided that no bond or undcr?a)ongor miltract or suntyship cxcculed under h i s trulhonty shall cxccrd ihe amoun: of. TWEYTY-FIVEMiLLlON ($25,000,000.00) DOLI.ARS this Power oi Attomcy IS grmtcd and is signed by Lbcsimile urder and by thc dutfrorrty of the following Kesolutians adopted by thc noads of Direnm ofboth North Atncrican Specialty Insurance Company and Washington lnicmrtioiial insurance Company at meetings duly called and hc!d on the 74’ of March. :OW “USOLVED, that any two of the I’rc~dcnt,any Executive Vice Prwdent. any Vim PrtridenL any Assistant Vicc President, Ilie Secre~aryiir any R ~ ~ i s t a Secretary nt be, md each or my of them hereby is aulhorid to exccutc a Power of Attorney quahfjing the attorney n d tn thc grvcn P o w r of Altorncy 10 CXCLUI~ tw behalf of thc Company bonds,undertakingsand dl coniracts of surcty, and thab each vr any of thcrn hcrchy I$ authoriced to d t t e ~ tto thc execution of m y such Power of Attorney and to attach therein the real o f the Company; and tt is FURTHER RESOLVED. that &e signaturn of such ofliccrs and chc seal of the Company nray bc a f i x e d to my such Pouer of Attoorncy or to anv certificate rcla?ingthetctu by fiicsimilc, and any such Power o f Attorney or ccrtiIic&!ehcering such fa&inile st@iaturrs or facsimile seal shall bc binding upon the Company when so anixcd and in the fiture with regard LO any bond, tindertBkrng or co~trac(of suet). to which i t IS attached ” IN WITNESS WtIEKEOF, North Anmican Speciatty InsuranceCompnny and Washington International insurance Company have caused their oficrar scals to be hereunto aff-ixcd. and rhcse prescnu to bc signed by their wtlitirized officen this -5M- day of (IrrObcr _, 70 07 _- ___ ., Nurth Amcdcsn Specialty lRaurrnrr Conpnny Washington international lnsuranec Campnay On h i s &d. day ut --Gcctobct , ? O z , before mc,a N o w YuSlrc pmonally appear& $tcsen P. AndcrsJre_, Prcsrdent and C C O of Washingtan IntemaIiunJ Insurance Company and Vice President of North Amencan Specialty Insuratia: Company urd David M isyftldrl Vice Preiidenrof Wadirn@on Intmatimri! Insurdnce Company and V i a Pnsidcni of North Amencan Specialty insurwna Company. I - persortally know to me, who being by mt dul? s\vorn, acknowledged that they signed the above Power of Attorney as omccrs of rrnd P_I-..-^- Susan Anscl. Nolary Public American SpeciHlty lncurancc Company and Washington International lnsotence Company, which 1s still in hill force and cffec4. _ . * - , 1N WITNESS WHERGOF, I have SCImy hand and afhxed tho seals ofthe Compmes drts A h - day of- .-March- , ZO>L .


Document Created: 2008-03-11 15:43:08
Document Modified: 2008-03-11 15:43:08
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