Attachment GRANT

GRANT

DECISION submitted by FCC,IB

GRANT

2003-07-15

This document pretains to SAT-STA-20030626-00118 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2003062600118_366888

SES Americom AMC-4 further extension request - SAT-STA-2002 1219-00235 . Applicant Name: SES Americom, Inc. Phone Number: 609-987-4187 DBA Name: Fax Number: 609-987-4233 Street: Four Research Way E-Mail: nancy.eskenazi@ses-americom. corn City: Princeton State: NJ Country: USA Zipcode: 08540 -6684 Attention: Nancy J. Eskenazi 1

2. Contact 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.com City: Washington State: DC Country: USA Zipcode: 20004 -1109 Contact Relationship: Legal Counsel Title: (If your application is related to an application filed with the Commission, enter the file number below.) 3. Reference File Number SATMOD2002110800207 4a. Is a fee submitted with this application? 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 Q Noncommercial educational licensee 0 Other(p1ease explain): 14b. Fee Classification CRY - Space Station (Geostationary) 6 . Temporary Orbit Location 7. Requested Extended Expiration Date 2

3. Description (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) By this application, SES Americom, Inc., requests further extension of its special temporary authority (STA) to provide direct-to-home service using AMC-4 pending action on its request for permanent direct-to-home authority for this satellite. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject Yes 0 No 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. 10. Name of Person Signing 11. Title of Person Signing Nancy J. Eskenazi Vice President and Associate General Counsel I 12. Please supply any need attachments. I1 Attachment 1: Att. 1 I Attachment 2: I I Attachment 3: 1 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)(l)), AND/OR FORFEITURE (US. Code, Title 47, Section 503). 3

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. 4

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 I n the Matter of Application by ) ) SES AMERICOM, INC. ) File No. SAT-STA- 1 For Extension of Special Temporary Authority to ) Provide Space Segment on AMC-4 for the ) Delivery of Direct-to-Home Services 1 APPLICATION OF SES AMERICOM, INC. By this application, SES AMERICOM, Inc. (“SES AMERICOM’) respectfully requests extension of the special temporary authority granted in File No. SAT-STA-20021219-00235 (the “AMC-4 S T A ) for a six-month period through December 30, 2003. The AMC-4 STA authorized SES AMERICOM to provide space segment used to deliver direct-to-home (“DTH) services over AMC-4,’ pending action on SES AMERICOMs request for modification of the AMC-4 license to authorize DTH services. See File No. SAT-MOD-20021108-00207 (the “DTH Application”).z All DTH services are provided on a subscription, non-common carrier basis. Grant of this extension request will serve the public interest by 1 AMC-4 (formerly GE-4) is a geostationary C/Ku-band hybrid satellite operating at 101” W.L. See GE American Communications, Inc., 15 FCC Rcd 3385 (Sat. & Radiocomm. Div. 1999). 2 The DTH Application was placed on Public Notice on November 15, 2002. See Report No. SAT-00128. No comments were filed with respect to the DTH Application. \\\DC. 9084410002~1762126 vl

promoting competition in the satellite services market and ensuring service continuity. The DTH Application provides a detailed discussion of the relevant factual background and the legal analysis supporting SES AMERICOM’s request for DTH authority for its satellite fleet. I n particular, the DTH Application demonstrates that permitting SES AMERICOM to offer DTH services without restrictions will create additional capacity choices for programming distributors without posing any risks to competition, is consistent with Commission policies regarding foreign ownership of DTH providers, and will ensure a level competitive playing field among US.-licensed satellite operators. SES AMERICOM will not repeat that lengthy presentation here, but instead refers the Commission to the underlying application and to the AMC-4 STA request. Extension of the AMC-4 STA is necessary t o avoid the risk of service disruption and to prevent a distortion of competition in the satellite services marketplace. Pursuant to authority granted in the AMC-4 STA, SES AMERICOM provides capacity to a customer that uses C-band spectrum to deliver programming to home satellite dish owners nationwide. SES AMERICOM must be able to continue providing this capacity to avoid interruption of services to the customer’s end users. Any disruption in service would be extremely detrimental to these end users and to the customer’s ongoing business. -2- \\\DC .90844/0002. 1762726 v 1

For the foregoing reasons, the Commission should grant SES AMERICOM an extension of its special temporary authority to offer subscription- based direct-to-home services using the AMC-4 satellite until the earlier of: (1)grant of the Modification Application or (2) December 30, 2003. SES AMERICOM hereby certifies that no party to this application is subject to a denial of federal benefits pursuant to Section 5301 of the Anti- Drug Abuse Act of 1988,21 U.S.C. § 862. Respectfully submitted, SES AMERICOM, INC. By: / S Nancv I J. Eskenazi Nancy J. Eskenazi Of Counsel Vice President and Associate Peter A. Rohrbach General Counsel Karis A. Hastings SES AMERICOM, Inc. Hogan & Hartson L.L.P. Four Research Way Washington, D.C. 20004-1109 Princeton, NJ 08540 Tel: (202) 637-5600 Fax: (202) 637-5910 Dated: June 26,2003 -3- \\\DC. 90844/0002 - 1762726 v l


Document Created: 2004-04-04 13:26:43
Document Modified: 2004-04-04 13:26:43
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