Attachment Exhibit C

This document pretains to SES-AMD-20100809-01021 for Amended Filing on a Satellite Earth Station filing.

IBFS_SESAMD2010080901021_834193

                                                                          Upstream Investments, LLC
                                                     Amendment to Modification of License for E090095
                                                                                            Exhibit C

                        EXHIBIT C – 47 C.F.R. 25.204 WAIVER REQUEST

     Upstream Investments (“Upstream”) requests waiver of Section 25.204 of the
Commission’s Rules. 47 C.F.R. § 25.204. Specifically, Upstream requests waiver of subsection
25.204(f), which requires earth stations transmitting earth-to-space in the 13.75 - 14.00 GHz
extended Ku-band frequency range to maintain 68 dBW Effective Isotropic Radiated Power
(“EIRP”) for any emission.1 Upstream seeks to transmit emissions with EIRP levels below 68
dBW.

        Pursuant to Section 1.3 of the Commission’s Rules, the Commission may grant a waiver
of the application of any of its rules "for good cause shown." 47 C.F.R. § 1.3. The Commission
may waive a rule where the specific facts make strict compliance with the rule inconsistent with
the public interest.2 In addition, the Commission may take into account considerations of
hardship.3 Thus, the Commission may waive its rules if special circumstances warrant such a
waiver, and the waiver will serve the public interest.

         The principal purpose for establishing the minimum 68 dBW EIRP level for fixed
satellite services (“FSS”) in the 13.75-14.00 GHz band was to ensure that FSS carriers would
have sufficient signal strength to overcome interference in a crowded spectral environment.4
However, the Commission later clarified that “FSS licensees are aware of the interference
environment in [the 13.75-14.00 GHz] band due to incumbent radiolocation operations and
should be permitted to operate at lower powers if they can achieve communications.”5 The
Commission has subsequently authorized earth stations to communicate with international space
stations in the 13.75-14.00 GHz band with EIRP levels below 68 dBW.6

        Allowing Upstream the flexibility to uplink carriers with EIRP levels below 68 dBW
serves the public interest by protecting the co-primary government users of the band from
interference and promotes spectral efficiency by enabling Upstream to transmit with reduced
power levels for narrower emissions that do not require 68 dBW. Upstream does not require 68

1
        Upstream’s proposed operations otherwise satisfy all obligations specified in § 25.204.
2
        Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990).
3
         WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972); Northeast
Cellular, 897 F.2d at 1166.
4
          See Amendment of Parts 2 and 25 of the Commission's Rules to Permit Operation of NGSO FSS Systems
Co-Frequency with GSO and Terrestrial Systems in the Ku-Band Frequency Range; Amendment of the
Commission's Rules to Authorize Subsidiary Terrestrial Use of the 12.2-12.7 GHz Band by Direct Broadcast
Satellite Licensees and Their Affiliates; and Applications of Broadwave USA, PDC Broadband Corporation, and
Satellite Receivers, Ltd. to Provide A Fixed Service in the 12.2-12.7 GHz Band, First Report and Order and Further
Notice of Proposed Rulemaking, 16 FCC Rcd 4096, at ¶¶ 141-147 (2000) (“NGSO/MVDS First R&O”).
5
        Id. at ¶ 144.
6
        See, e.g., Globecomm Systems, Inc. Application for Modification of Earth Station License, Order on
Reconsideration, 20 FCC Rcd 8940 (2005).




                                                  Page 1 of 2


dBW of power to successfully uplink narrower carriers (e.g., emission 128KG7D) with a high
degree of reliability. Given that 68 dBW of power is not necessary to uplink narrower carriers, a
reduction of EIRP will minimize the possibility of interference to United States Navy radar
installations and National Aeronautics and Space Administration (“NASA”) Tracking and Data
Relay Satellite System (“TDRSS”) sites. Moreover, reducing EIRP generally promotes the
Commission’s longstanding goal of improving spectral efficiency by allowing Upstream to
uplink to the Amazonas-2 using only the necessary amount of power and not mandating earth-to-
space transmissions with artificially elevated power levels that are more likely to interfere with
other spectrum users. To the extent that Upstream were to experience interference from another
spectrum user in the future, it understands and accepts that its extended Ku-band earth-to-space
transmissions will only be entitled to the same interference protection rights available to a carrier
uplinking with 68 dBW of EIRP.

        In light of the good cause shown, Upstream respectfully requests that the Commission
grant its waiver request and approve the underlying application seeking authority to uplink to the
Amazonas-2 in the 13.75-14.00 GHz band using an existing earth station operated under Call
Sign E090095 with EIRP levels below 68 dBW.




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Document Created: 2010-08-09 11:05:14
Document Modified: 2010-08-09 11:05:14

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