Attachment Hispamar Satelites -

Hispamar Satelites -

DECISION submitted by IB,FCC

Grant

2013-03-14

This document pretains to SAT-PPL-20121018-00183 for Permitted List on a Satellite Space Stations filing.

IBFS_SATPPL2012101800183_989892

$2886 SAT—PPL—20121018—00183 1B2012002432 Hispamar Satelites, S.A. File#_ShT—PPL——2012 jo1g— C0183 AMAZONAS—3 ‘;;,P\gu"‘"'. | to. \P U dllSign $26$8C Grant Date_O3/ 14[13 | (or other identifier) Approved by OMB Torm Dates 3060—0678 From O3/_’__"_l[_-/__l_fgq_ To: Date & Time Filed: File Number: Oct 18 2012 9:34:27:210AM SAT—PPL—36131018—00183 |_ International Bureau Approved: ____ ; § Ater Menpannmiatomemmet — { 1e Numober: img — th condition 3. Dua Callsign/Satellite ID: $2886 #w! ° , Saelitle Q)li‘cd Branch APPLICATION FOR SATELLITE SPACE STATION AUTHORIZATIONS FCC Use Only FCC 312 MAIN FORM FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: Amazonas—3 Petition 1—8. Legal Name of Applicant Name: Jansky—barmat Phone Number: 202=—467—6400 telecommunications inc. DBA Name: Fax Number: 202—296—6892 Street: 7703 Arrowood Ct. E—Mail: don@jansky—barmat.com City: Bethesda State: MD Country: USA Zipcode: 20817 — Attention: Mr Donald M Jansky

Hispamar Satélites, S.A. IBFS File SAT—PPL—20121018—00183 Call Sign $2886 The petition of Hispamar Satélites, S.A. (Hispamar), IBFS File No. SAT—PPL—20121018—00183, to add the Amazonas—3 space station (Call Sign $2886) to the Commission‘s Permitted Space Station List is GRANTED. The operations of Amazonas—3 addressed by this grant are licensed by the Administration of Brazil. Hispamar is granted U.S. market access to use Amazonas—3 to provide Fixed—Satellite Service (FSS), including Direct—to—Home (DTH) service, from the 61° W.L. orbital location. Each U.S. earth station with "ALSAT" designated as a point of communication is authorized to access the Amazonas—3 space station at 61° W.L. to provide FSS and FSS DTH to, from, or within the United States in the 3700—4200 MHz (space—to—Earth), 5925—6425 MHz (Earth—to—space), 11.7—12.2 GHz (space—to—Earth), 14.0—14.5 GHz (Earth—to— space) frequency bands.‘ Communications between U.S.—licensed earth station‘s and the Amazonas—3 space station must be in accordance with the terms, conditions, and technical specifications contained in Hispamar‘s petition and the Federal Communications Commission‘s rules not waived herein, and are subject to the following conditions: 1. Communications between U.S.—licensed earth stations and the Amazonas—3 space station must be in compliance with all existing and future space station coordination agreements reached between Brazil and other Administrations. 2. Amazonas—3 must be maintained with an east/west longitudinal station—keeping tolerance of + 0.05 degrees at the 61° W.L. orbital location. 3. Hispamar‘s request for partial waiver of Section 25.210(a) of the Commission‘s rules is GRANTED. Section 25.210 (a) requires C—band space stations using orthogonal linear polarization to be capable of switching polarization sense upon ground command. The Commission requires polarity—switching capability for two reasons: (1) to provide U.S.—licensed space stations with the flexibility to operate at different orbital locations; and (2) to mitigate potential interference between adjacent fixed space station systems transmitting analog television signals. See Telesat Canada, Order, 22 FCC Red 588, [ 10 (Int‘l Bur., Sat. Div. 2007). Amazonas—3 will use both senses of orthogonal polarization for the C—band and cannot be commanded to reverse polarization from the ground. This partial waiver is based on the finding that Amazonas—3 will be employing full frequency reuse through the use of orthogonal polarizations within the same beam, fulfilling the requirements of Section 25.210(f). The ability to switch polarization is not necessary in this instance to protect other space stations at adjacent orbital locations from interference because Amazonas—3‘s operations will be in compliance with existing coordination agreements. This waiver is conditioned on Hispamar accommodating future space station networks that comply with Section 25.210(a) and on Amazonas—3 operating pursuant to any existing or future coordination agreements for this location. 4. Amazonas—3 is not authorized to provide any Direct Broadcast Satellite (DBS) or Digital Audio Service (DARS) to, from, or within the United States. ‘ Hispamar‘s petition also included a request to add Amazonas—3‘s Ka—band frequencies to the Ka—band Permitted List. This portion of the petition was dismissed, without prejudice to re—filing, on March 14, 2013. Letter to Donald M. Jansky, Counsel for Hispamar Satélites, S.A., from Fern J. Jarmulnek, Acting Chief, Satellite Division, International Bureau (March 14, 2013).

Hispamar Satélites, S.A. IBFS File SAT—PPL—20121018—00183 Call Sign $2886 5. This grant of market access will terminate in the event the Amazonas—3 space station is relocated from the 61° W.L. orbital location or ceases to operate. In either case, Amazonas—3 will be removed from the Permitted Space Station List. If Hispamar seeks to provide service to the United States using another space station or seeks to operate Amazonas—3 from another location, it must file a new petition to have the station placed on the Permitted List. 6. Hispamar is afforded thirty days from the date of this action to decline this grant as conditioned. Failure to respond within this period will constitute a formal acceptance of the grant as conditioned. 7. This grant is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective immediately. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission‘s rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days of the public notice indicating this action was taken. File # SBT— PPL 2012 1018— 00183 Call Sign S29§G Grant Date_CB/11 /13 (or other identifier) Term Dates From 03( 4/ i To: Furth condifiong Approved:

9—16. Name of Contact Representative Name: Jansky—barmat Phone Number: 202—467—6400 telecommunications inc. Company: Jansky—Barmat Fax Number: 202—296—6892 Telecommunications Inc. Street: 7703 Arrowood E—Mail: don@jansky—barmat.com Court City: Bethesda State: MD Country: USA Zipcode: 20817 —2821 Attention: Don Jansky Relationship: Same CLASSIFICATION OF FILING 17. Choose the buttonnext to the b. classification that applies to thisfiling for «3 b1. Application for License of New Station both questions a. and b. Choose only one (N/A) b2. Application for Registration of New Domestic Receive—Only Station for 17a and only one for 17b. (N/A) b3. Amendment to a Pending Application (N/A) b4. Modification of License or Registration a. (N/A) b5. Assignment of License or Registration (N/A) al . Earth Station (N/A) b6. Transfer of Control of License or Registration f a2. Space Station (N/A) b7. Notification of Minor Modification (N/A) b8. Application for License of New Receive—Only Station Using Non—U.S. Licensed Satellite C b9. Letter of Intent to Use Non—U.S. Licensed Satellite to Provide Service in the United States C b10. Replacement Satellite Application — no new frequency bands { b11. Replacement Satellite Application — new frequency bands (Not eligible for streamlined processing) & b!2. Petition for Declaratory Ruling to be Added to the Permitted List (N/A) b13. Other (Please specify)

17¢. Is a fee submitted with this application? C IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). C Governmental Entity @3 Noncommercial educational licensee © Other(please explain): Near to launch 17¢. Fee Classification 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

TYPE OF SERVICE 20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Select all that apply: E a. Fixed Satellite D b. Mobile Satellite D c. Radiodetermination Satellite D d. Earth Exploration Satellite E e. Direct to Home Fixed Satellite D £. Digital Audio Radio Service D g. Other (please specify) 21. STATUS: Choose thebutton next to the applicable status. Choose 22. If earth station applicant, check all that apply. only one. Not Applicable C Common Carrier @ Non—Common Carrier 23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one.Are these facilities: {} Connected to a Public Switched Network g*43 Not connected to a Public Switched Network G N/A 24. FREQUENCY BAND(S): Place an "X" in the box(es) next to all applicable frequency band(s). E a. C—Band (4/6 GHz) E b. Ku—Band (12/14 GHz) D c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: Frequency Upper: (Please specify additional frequencies in an attachment)

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 (N/A) c. 12/14 GHz VSAT Network (N/A) d. Mobile Earth Station @ e Geostationary Space Station. o 6 Non—Geostationary Space Station {y g. Other (please specify) 26. TYPE OF EARTH STATION FACILITY: Not Applicable PURPOSE OF MODIFICATION 27. The purpose of this proposed modification is to: (Place an "X" in the box(es) next to all that Not Applicable apply.) ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental ; Yes @ No impact as defined by 47 CFR 1.1307? IfYES, submit the statement as required by Sections 1.1308 and 1.1311 of HIS4—EXHIBIT A the Commission‘s rules, 47 C.F.R. §§ 1.1308 and 1.1311, 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.

29. Is the applicant a foreign government or the representative of any foreign government? «4 Yes @.No 30. Is the applicant an alien or the representative of an alien? @ Yes 3 No [3 N/A 31. Is the applicant a corporation organized under the laws of any foreign government? @ Yes 3 No g N/A 32. Is the applicant a corporation of which more than one—fifth of the capital stock is owned of record or voted by @Yes No § 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 @ Yos C No o 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, 31, 32 and/or 33 is Yes, attach as an exhibit an identification of the aliens or HIS4 EXHIBIT B foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote. BASIC QUALIFICATIONS

35. Does the Applicant request any waivers or exemptions from any of the Commission‘s Rules? @ Yes C No IfYes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents. HIS4 PETITHispamar 36. Has the applicant or any party to this application or amendment had any FCC station authorization or license { Yes No revoked or had any application for an initial, modification or renewal of FCC station authorization, license, or construction permit denied by the Commission? IfYes, attach as an exhibit, an explination of cireumstances. 37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling ; Yes @ No the applicant ever been convicted of a felony by any state or federal court? IfYes, 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, 3 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 HIS4 EXHIBIT C means or unfair methods of competition? IfYes, 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 4 Yes @ No matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances.

40. If the applicant is a corporation and is applying for a space station license, attach as an exhibit the names, address, and citizenship of those stockholders owning a record and/or voting 10 percent or more of the Filer‘s voting stock and the percentages so held. In the case of fiduciary control, indicate the beneficiary(ies) or class of beneficiaries. Also list the names and addresses of the officers and directors of the Filer. 41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is @ Yes y No subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act of 1988, 21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. See 47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes. 42a. Does the applicant intend to use a non—U.S. licensed satellite to provide service in the United States? IfYes, fod Yes (a) No answer 42b and attach an exhibit providing the information specified in 47 C.F.R. 25.137, as appropriate. If No, proceed to question 43. 42b. What administration has licensed or is in the process of licensing the space station? If no license will be issued, what administration has coordinated or is in the process of coordinating the space station? Brazil

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.) The purpose of the application is to request addition of the AMAZONAS—3 satellite network at 61W.L. to the Permitted Space Station List to allow all U.S. C—band,Ku—band, and Ka— band earth stations to uplink to the satellite in the conventional C—band and Ku band and the Ka band frequencies. Services to be provided are domestic and international operating 43a. Geographic Service Rule Certification @ A By selecting A, the undersigned certifies that the applicant is not subject to the geographic service or geographic coverage requirements specifiedin 47 C.F.R. Part 25. y B By selecting B, the undersigned certifies that the applicant is subject to the geographic service or geographic coverage requirements specified in 47 C.F.R. Part 25 and will comply with such requirements. 3 C By selecting C, the undersigned certifies that the applicant is subject to the geographic service or geographic coverage requirements specified in 47 C.F.R. Part 25 and will not comply with such requirements because it is not feasible as a technical matter to do so, or that, while technically feasible, such services would require so many compromises in satellite design and operation as to make it economically unreasonable. A narrative description and technical analysis demonstrating this claim are attached. CERTIFICATION The Applicant waives any claim to the use of any particular frequency 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.) C Individual C Unincorporated Association C Partnership © Corporation € Governmental Entity C Other (please specify) 45. Name of Person Signing 46. Title of Person Signing Vicente Rubio Carreton Director Regulatory Affairs 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 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). Completed Schedule S 10

FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT The public reporting for this collection of information is estimated to average 0.25 — 24 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 theFederal 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 PRAQ@fcee.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 LaAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507. 11

43. Description. (Summarize the nature of the application and the services to be provided). The purpose of the application is to request addition of the AMAZONAS—3 satellite network at 61W. L. to the Permitted Space Station List to allow all U.S. C—band,Ku—band, and Ka—band earth stations to uplink to the satellite in the conventional C—band and Ku band and the Ka band frequencies. Services to be provided are domestic and international operating in FSS frequency bands, including Direct—to—Home service (DTH)in Ku band. 12


Document Created: 2013-03-14 17:35:40
Document Modified: 2013-03-14 17:35:40
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