Attachment Order

This document pretains to SES-MFS-20050622-00803 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2005062200803_493604

Federal Communications Commission DA 06-757 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) SES Americom, Inc. ) ) Application for Modification of the AMC-16 ) File No. SAT-MOD-20050621-00132 Fixed-Satellite Service Space Station to ) SAT-AMD-20051115-00218 Temporarily Vacate the 85° W.L. Orbital Location ) Call Sign: S2181 and for Telemetry, Tracking and Control ) Operations during Drift of the AMC-16 to and ) from the 118.75° W.L. Orbital Location ) ) SES Americom, Inc. ) ) Application for Modification of Earth Station ) File Nos. SES-MFS-20050622-00803 Licenses to Provide Telemetry, Tracking and ) SES-AFS-20050713-00909 Control of the AMC-16 Space Station at the ) SES-AMD-20051115-01577 118.75° W.L. Orbital Location ) SES-MFS-20050622-00804 ) SES-AFS-20050713-00910 ) SES-AMD-20051115-01576 ) Call Signs: E040368, E040407 ) EchoStar Satellite L.L.C. ) ) Application for Modification of Blanket Authority ) File No. SES-MFS-20050624-00813 to Operate 1,000,000 Receive-Only Earth Stations ) Call Sign: E040344 to provide Direct-to-Home Fixed-Satellite Service ) in the United States to add the AMC-16 Space ) Station at the 118.75° W.L. Orbital Location as a ) Point of Communication ) ) EchoStar Satellite L.L.C. ) ) Application for Modification of Earth Station ) File No. SES-LIC-20050621-00799 License to add the AMC-16 Space Station at the ) SES-AMD-20051118-01601 118.75° W.L. Orbital Location as a Point of ) Call Sign: E050181 Communication ) ORDER AND AUTHORIZATION Adopted: April 7, 2006 Released: April 7, 2006 By the Chief, International Bureau: I. INTRODUCTION 1. With this Order, we modify licenses of SES Americom, Inc. (SES Americom) to authorize the telemetry, tracking, and command (TT&C) operations necessary to relocate SES Americom’s AMC- 16 satellite from 85° W.L. to the 118.75º W.L. orbital location (and back), where it will be operated pursuant to a Canadian authorization to Telesat Canada, until the Anik F3 satellite commences operations

Federal Communications Commission DA 06-757 at that location. We also modify authorizations held by EchoStar Satellite LLC (EchoStar) so as to permit the reception of Ku-band1 direct-to-home (DTH) Fixed Satellite Service (FSS) from AMC-16 at the 118.75º W.L. orbital location, and TT&C and feeder link communications from U.S. earth stations to the AMC-16 satellite. We also grant SES Americom’s request for a waiver Section 25.161(c) of the Commission’s rules to allow it to retain its Ka-band2 authorization at the 85° W.L. orbital location. These actions will allow early commencement of Ku-band DTH FSS service to U.S. customers from an orbital location capable of providing service to the contiguous United States. Accordingly, our action here will improve the choice of service to consumers in the U.S. multichannel video programming distribution (MVPD) market. II. BACKGROUND 2. In October 2001, Industry Canada awarded Telesat Canada an approval in principle to operate a hybrid C/Ku/Ka-band FSS satellite, Anik F3, at the 118.7° W.L. orbital location.3 In 2004, Telesat Canada’s board of directors approved the “Anik F3 Agreement” between Telesat Canada and EchoStar.4 The ANIK F3 Agreement authorizes EchoStar, as a United States licensee, to access Ku-band capacity on Anik F3, as soon as it is operational, to provide DTH FSS programming throughout the United States.5 EchoStar states that its purpose for entering the agreement is to augment the spectrum currently used for MVPD services, including expanded local-into-local,6 international, high definition television and other programming.7 In 2005, we granted EchoStar authority for the United States facilities that would be used to effectuate the agreement.8 Telesat Canada plans to launch Anik F3 satellite in the second half of 2006. 9 3. In order to provide service from the 118.7º W.L nominal location at an earlier date than the commencement of operations of the Anik F3 satellite, EchoStar has requested that SES Americom move the AMC-16 satellite to the 118.75º W.L orbital location.10 Echostar, SES Americom and Telesat 1 As used in this Order, the term “Ku-Band” refers to the 11.7-12.2 GHz (downlink) and 14.0-14.5 GHz (uplink) frequency bands. 2 As used in this Order, the term “Ka-Band” refers to the 18.6-18.8 GHz, 19.7-20.2 GHz, 28.4-28.6 GHz (Earth-to- space, and 29.5-30.0 GHz (Earth-to-space) frequency bands. 3 See Information Bulletin, Industry Canada Awards Satellite Licence <http://www.ic.gc.ca. 4 See EchoStar Satellite, LLC, Application for Authority to Operate U.S. Earth Stations with the Canadian-Licensed ANIK F3 Satellite to Offer Direct-to-Home Fixed Satellite Service Throughout the U.S., IBFS File No. SES-LFS- 20040831-01253 (August 31, 2004) (EchoStar Blanket Earth Station Application). 5 Id. 6 The term “local-into-local,” as used in this Order, refers to provision via satellite retransmission of local broadcast channels to subscribers who reside in the local TV station’s market, which is defined as a Designated Market Area, or “DMA.” See 17 U.S.C. § 122 (j)(2)(A). 7 See EchoStar Blanket Earth Station Application, Narrative at 1. 8 EchoStar Satellite LLC Application for Blanket Authorization to operate 1,000,000 Receive-Only Earth Stations, Order and Authorization, DA 05-3227 (Int’l Bur. 2005) (EchoStar Blanket Authorization) (granting EchoStar a blanket authorization for one million receive-only earth stations to receive Ku-band DTH service from Telesat Canada’s Anik F3 space station, licensed by Industry Canada at the 118.7° W.L. orbital location). 9 According to Telesat Canada’s website: “Telesat's 17th satellite, Anik F3, is now under construction and is slated for service in the second half of 2006. ANIK F3 will provide a wide range of telecommunications, broadcasting, business communications and Internet-based services to users across North America.” <http://www.telesat.ca/satellites/index.htm>. 10 The 118.75º W.L. orbital location requested by SES Americom for AMC-16 is within the nominal 118.7º W.L. orbital location assigned to Canada under the 1988 Trilateral Arrangement. Trilateral Arrangement Regarding Use (continued....) 2

Federal Communications Commission DA 06-757 Canada have entered into a Memorandum of Agreement concerning operations of AMC-16 at the 118.75º W.L. orbital location.11 EchoStar has separately entered into a satellite service agreement with SES Americom, under which EchoStar has leased the full capacity of the AMC-16 satellite from SES Americom.12 Accordingly, EchoStar seeks to add SES Americom’s AMC-16 as a point of communication at the 118.75º W.L orbital location in its receive-only blanket earth station authorization, currently limited to the Anik F3 satellite, and to modify its feeder link earth stations to permit communications with AMC-16 at this location.13 Currently, SES Americom is authorized to operate the hybrid Ka-/Ku-band AMC-16 satellite at the 85º W.L. orbital location.14 Thus, in addition to Echostar’s pending requests, SES filed an application seeking authority to relocate AMC-16 from the 85º W.L. orbital location to the 118.75º W.L. orbital location on a temporary basis, where it would provide Ku- band service under a license issued by Industry Canada to Telesat Canada.15 SES Americom also filed applications to modify its earth station licenses to provide TT&C to AMC-16 at the 118.75º W.L. orbital location.16 The various requests were accepted for filing and placed on public notice.17 No comments were filed. On March 1, 2006, Industry Canada authorized Telesat Canada to operate AMC-16, using Ku-band spectrum only, on an interim basis until Anik F3 is brought into use at the 118.7º W.L. orbital location. 4. In addition, SES Americom filed an application, using the streamlined authorization procedures for fleet management,18 to move its Ku-band AMC-2 satellite to the 85° W.L. orbital location.19 The modification request became effective on June 27, 2005. SES Americom indicates that AMC-2 will provide interim Ku-band service from the 85° W.L. orbital location during the period that AMC-16 is at the 118.75° W.L. orbital location. (...continued from previous page) of the Geostationary Orbit Reached by Canada, Mexico, and the United States, Public Notice (Sept. 2, 1988) (“1988 Trilateral Arrangement”). 11 SES Americom Application, at pp. 3-4. 12 Application for Modification of SES Americom, Inc., SAT-MOD-20050621-00132 (SES Americom Application) at pp. 3, 11. 13 Echo Star made this request to add AMC-16 as a point of communication for one million receive-only earth stations located in the United States in an amendment it filed on June 24, 2005. File No. SES-AFS-20050624- 00813. The amendment related to EchoStar’s underlying application for blanket authority, which the Bureau granted on December 20, 2005, while reserving action on communication with AMC-16. EchoStar Blanket Authorization, DA 05-3227 at ¶ 7. For administrative purposes, on March 28, 2006, the Satellite Division revised the file number of the request to communicate with AMC-16 to designate a modification of the blanket authorization and the file number has been changed to File No. SES-MFS-20050624-00813. 14 Policy Branch Information, Actions Taken, Public Notice, Report No. SAT-00239, DA 04-2884 (rel. Sept. 3, 2004). 15 The SES Americom Application, at pp. 3, 4. 16 Satellite Communications Services, Satellite Radio Applications Accepted for Filing, Public Notice, Report No. SES-00744 (rel. Aug. 31, 2005). 17 Policy Branch Information, Satellite Space Applications Accepted for Filing, Public Notice, Report No. SAT- 00316 (rel. Aug. 26, 2005); Satellite Communications Services, Satellite Radio Applications Accepted for Filing, Public Notice, Report No. SES-00744 (rel. Aug. 31, 2005). 18 47 C.F.R. § 25.118(e). 19 Fleet Management Notice of SES Americom, Inc., File No. SAT-MOD-20050527-00110. 3

Federal Communications Commission DA 06-757 III. DISCUSSION 5. In these applications, SES Americom and EchoStar request modifications to their respective licenses to authorize the temporary relocation of AMC-16 to the 118.75º W.L. orbital location, the reception of Ku-band DTH FSS from AMC-16 at the 118.75º W.L. orbital location by EchoStar’s U.S. customers, and the operation of TT&C and feeder link communications from U.S. earth stations to the AMC-16 satellite. EchoStar plans to use AMC-16 to offer international programming, including existing services and new international services as they are added to EchoStar’s programming line-up.20 By moving certain existing programming to AMC-16, EchoStar will free capacity on its other satellites, allowing EchoStar to provide expanded local-into-local and HDTV services to its customers.21 6. Review of EchoStar’s Applications. In the EchoStar Blanket Authorization, the Bureau examined the public interest in allowing the Anik F3 space station to provide satellite service in the United States from the 118.7º W.L. orbital location, considering the effect on competition in the United States, eligibility and operating requirements, spectrum availability, and national security, law enforcement, foreign policy, and trade concerns.22 The Bureau found that grant of EchoStar’s application was in the public interest despite the existence of de jure barriers to U.S.-licensed space stations in the Canadian market.23 The Bureau also found that operation of Anik F3 in the Ku-band frequencies at the 118.7º W.L. orbital location to provide DTH FSS presented no spectrum availability issues that would preclude authorization. We find that the analysis in the EchoStar Blanket Authorization likewise supports grant of SES Americom’s and Echostar’s requests concerning AMC-16. We find no material difference in the competitive and public interest considerations for Ku-band service to U.S. earth stations from a Canadian-licensed satellite at the nominal 118.7º W.L. orbital location, whether Anik F3 or AMC-16. Consequently, the conclusions we reached in the EchoStar Blanket Authorization remain valid for this request. EchoStar and SES Americom indicate that moving AMC-16 to the 118.75º W.L. orbital location will more quickly bring substantial new DTH FSS to U.S. customers in the near term, and will permit delivery of that capacity to a single EchoStar dish for many customers, which would not be possible from the 85º W.L. orbital location. 24 We therefore grant modification of EchoStar’s blanket earth station authority to permit reception of Ku-band DTH FSS from AMC-16 at the 118.75º W.L. orbital location. 7. We also grant authority for EchoStar to provide feeder links to the AMC-16 space station from EchoStar’s two nine-meter Ku-band earth stations located in Cheyenne, Wyoming.25 In the EchoStar Blanket Authorization, the Bureau found that these antennas comply with our technical rules, including the two-degree spacing technical standards, and authorized EchoStar to use the antennas to access “ALSAT” and Anik F3 as points of communication. We hereby modify that license to authorize access to AMC-16 as a point of communication at the 118.75º W.L. orbital location. 8. Review of SES Americom’s Applications. The Commission generally has allowed satellite operators to rearrange satellites in their fleet to reflect business and customer considerations where no public interest factors are adversely affected.26 Grant of this requested temporary relocation will allow 20 SES Americom Application at p. 8. 21 Id. 22 EchoStar Blanket Authorization, DA 05-3227 at ¶ 8. 23 Id. at ¶ 14. 24 SES Americom Application at p. 9. 25 Echostar 9 Meter Hub Earth Station Application, File No. SES-LIC-20050621-00799. 26 Amendment of the Commission’s Space Station Licensing Rules and Policies, Second Report and Order, 18 FCC Rcd 12507, 12509 ¶ 7 (2003). 4

Federal Communications Commission DA 06-757 SES Americom to provide interim services to its customer, EchoStar, and will provide EchoStar flexibility in providing improved service to U.S. consumers. 9. Section 25.161(c) of the Commission’s rules provides that a space station license will automatically terminate if removal of facilities renders the authorized station not operational for over 90 days, unless specific authority is requested.27 SES Americom requests waiver of this rule in order to retain its authorization to operate in the Ka-band at the 85° W.L. orbital location. SES Americom indicates that it will resume Ka-band operations by AMC-16 at the 85° W.L. orbital location no later than December 31, 2006.28 SES Americom asserts that waiver of the rule is justified by the public interests to be achieved, without any adverse impact on users. The Bureau has indicated that Section 25.161(c) is intended to avoid unacceptable lapses in service to customers and to prevent warehousing of scarce orbit and spectrum resources.29 SES states that the move of AMC-16 is at the request of EchoStar, lessee of the full capacity of the AMC-16 communications payloads, so it has no other customer whose interests are at stake. We conclude that a waiver is warranted. We note that there will be no interruption in Ku-band service from the 85° W.L. orbital location because the AMC-2 satellite is at the 85° W.L. orbital location. With respect to Ka-band operations, because the relocation is for a short duration with a defined end date, and because the temporary use of the satellite at a different orbital location will facilitate improved service to the satellite’s current customer, without any lapse in service,30 we grant the requested waiver of Section 25.161(c). The grant of the waiver, however, is conditioned upon AMC-16 returning to the 85° W.L. orbital location no later than December 31, 2006. 10. We have exchanged letters with Industry Canada in order to ensure that there is a mutual understanding regarding the operation of the AMC-16 satellite. The understandings, and the factual background for these understandings, are provided as Annex A and are material considerations for the authorization contained in this Order. IV. ORDERING CLAUSES 11. IT IS ORDERED that EchoStar Satellite, LLC’s request, File No. SES-MFS-20050624- 00813, to modify its authorization, Call Sign E040344, IS GRANTED31 and EchoStar Statellite, LLC is authorized to receive Ku-band Direct-To-Home Fixed Satellite Service from the Canadian-licensed AMC-16 at the 118.75º W.L. orbital location, consistent with the technical parameters specified in its application, and subject to the following conditions: i. EchoStar is not authorized to provide programming to U.S. customers that it obtains through exclusive agreements entered into with Canadian licensed space station operators, program suppliers, and/or program distributors. 27 47 C.F.R. § 25.161(c). 28 SES Americom Application at p. 10. 29 See VisionStar Incorporated, Memorandum Opinion and Order, 19 FCC Rcd 14820, 14825 ¶ 12 (Int’l Bur. 2004); Tempo Satellite, Inc., Memorandum Opinion and Order, 13 FCC Rcd 11069, 11072 ¶ 10 (Int’l Bur. 1998). 30 SES Americom Application at p. 10. 31 Consistent with Satellite Division practice, contemporaneously with the release of this order, the Systems Analysis Branch will issue documents with respect to the earth station facilities addressed by this order. Those documents will incorporate conditions adopted by this order, specify more detailed technical parameters for such operations, and list a number of standard conditions that apply to such operations. 5

Federal Communications Commission DA 06-757 ii. EchoStar must comply with all rules applicable to other Commission licensees (e.g., the public interest obligations of DTH FSS providers in the Ku-band, 47 C.F.R. § 25.701). 12. IT IS FURTHER ORDERED that EchoStar Satellite, LLC’s request, File No. SES-LIC- 20050621-00799, as amended by SES-AMD-20051118-01601, IS GRANTED, and Echostar’s earth station authorization, Call Sign E050181, IS MODIFIED to specify the AMC-16 space station at 118.75º W.L. orbital location as an authorized point of communication in the 11.7-12.2 GHz/14.0-14.5 GHz frequency band subject to the following condition: Communications between the Cheyenne, Wyoming earth station(s) and the AMC-16 and Anik F3 satellites shall be in compliance with the satellite coordination agreements reached between Canada and other administrations. 13. IT IS FURTHER ORDERED that SES Americom, Inc.’s request, File No. SAT-MOD- 20050621-00132, as amended by SAT-AMD-20051115-00218, to conduct Telemetry, Tracking and Control functions during relocation of the AMC-16 satellite from the 85º W.L. orbital location to the 118.75º W.L. orbital location and during the satellite’s subsequent return to the 85º W.L. orbital location IS GRANTED, and SES Americom, Inc.’s authorization for AMC-16, Call Signs S2181, IS MODIFIED, subject to the following conditions: i. During the drift to the 118.75º W.L. orbital location, and during the return drift back to the 85º W.L. orbital location, SES Americom, Inc. shall not operate the main communications payload on AMC-16. ii. SES Americom, Inc. shall coordinate all drift orbit Telemetry, Tracking, and Control operations with other potentially affected in-orbit operators. iii. During relocation of the AMC-16 satellite, operations shall be on a non-harmful interference basis, meaning that SES Americom, Inc. shall not cause interference to, and shall not claim protection from interference caused to it by, any other lawfully operating satellites. iv. In the event that any harmful interference is caused as a result of operations during the relocation of the AMC-16 satellite, SES Americom, Inc. shall cease operations immediately upon notification of such interference and shall inform the Commission immediately, in writing, of such an event. 14. IT IS FURTHER ORDERED that SES Americom, Inc.’s requests, File Nos. SES-MFS- 20050622-00803, as amended by SES-AFS-20050713-00909 and SES-AMD-20051115-0157; and SES- MFS-20050622-00804, as amended by SES-AFS-20050713-00910, and SES-AMD-20051115-0156, for authority for earth station operations for Telemetry, Tracking and Control functions with AMC-16 at the 118.75º W.L. orbital location, ARE GRANTED, and SES Americom, Inc.’s authorizations, Call Signs E040368, E040407, ARE MODIFIED to authorize such operations. 15. IT IS FURTHER ORDERED that SES Americom, Inc.’s request to waive Section 25.161(c) of the Commission’s rules, 47 C.F.R. § 25.161(c), is GRANTED. SES Americom, Inc. shall continue to be authorized to operate the AMC-16 satellite in Ka-band frequencies at the 85º W.L. orbital location, and shall resume those operations upon the relocation to that location, no later than December 31, 2006. If SES Americom, Inc. does not resume operating in Ka-band frequencies at the 85º W.L. orbital location by that date, or if Ku-band operations at the at the 85º W.L. orbital location are not operational for 90 days or more, the authorization will be automatically terminated. 6

Federal Communications Commission DA 06-757 16. IT IS FURTHER ORDERED that SES Americom, Inc. shall inform the Commission, through a letter to the Chief, Satellite Division, FCC, within five business days following the date on which the AMC-16 satellite departs the 85° W.L. orbital location, and again within five business days following the return of the AMC-16 to the 85° W.L. orbital location. 17. SES Americom, Inc. is afforded thirty days to decline these authorizations as conditioned. Failure to respond within this period will constitute formal acceptance of the authorizations as conditioned. 18. This Order is issued pursuant to authority delegated in Section 0.261 of the Commission’s rules, 47 C.F.R. § 0.261, and is effective upon release. FEDERAL COMMUNICATIONS COMMISSION Donald Abelson Chief, International Bureau 7

Federal Communications Commission DA 06-757 ANNEX A 8

Faderal Communications Commission Washington, DC 20554 rematon Buons March 21, 2006 Ms: Chantal Besumier Director,Space and Intermational Regulatory Activites Radiocommunicationand Broodcasting Regulatory Branch Industry Canada 15" Floor, 300 Slater Stret Otwa, Ontaio, Canada kia 0Cs Re:— Opentions ofthe AMC—16 Space Sution Dear Ms. Beaumiec "This ete is to contirm the informal understandings ofthe Canadian Depariment oflndusty (Indusry Canad) and the Federal Commmunications Commission (PCC) concerning cetaintechnicaissues involved n the opertion oa eosationary seteite known as AMC:16 by SES Americom, Inc. (SES Americom) and Telesat Canada (Telesa0, pursuant to agrcements between and among SES Americom, Telesat, and EchoSter Satelite, L L C. (EchoStar The Transactionby and among SES Americom, Telesat, nd EchoStar SES Americom currenty operatesthe AMC—16 sateliteatthe 85" W.L.orttal Jocetion, subjectto FCC euthoriy. Pursuanttoa Memorandim of Agreement (Agreementby and among Telesat, EchoStar and SES Americom, dated as ofJine 20,2005,it is contemplated that SES Americom will move its AMC—16 satellit from the 85° W.L. orbitl locetion tothe 118.75° W orbital loction. The Agreement contemplates that,at that location,the satelite will operte under Telesat‘s direction and contol prsant t an authoriztion issued by Industry Canadato Telest, and that AMC—16 wil e used to provide servicto Eho ta eustomers until Telsat iunches and brings ito operaton the Anik F.3 satlite atthe 118;® WLLorbtal location. Teleset and EchoStr have entered int a seporate serviceagreetment under which Telesatagreed to provide Ku—band capaciy to EchoStar at the 118.7° W.L. orbtal lcation. "The Agrsement specifies hetthe AMC—16 space station willbe removed from the 118.75° W.L. orbital ocation no lter than 30 days following thdateEchoStrand SE Americom receive noticefrom Telest hat it has completed in—orbit tesing ofAnik F3 and hastransfrred customertraffc from AMC—16 to Anik F3 The Agreement will

Chantal Besumicr March 20, 2006 Pare2 continue untl Anil F—3 oranother interim satelite is operational, unless the AMC—16 spacestation suffers an opertional filar and is moved outothe 118.75° W.L. poskion or unless EchoStar wishes trelocatethe AMC—16 space station for another use. ‘The Aprcement provides that SES Americom will operate AMC—16, performing telemetry, trcking, and commund functions fom earth sutions in the United Stare, wnder Telesat‘sdiection and control. The Agrecmentalso requires SBS Americom to take any necessory steps to comply with U.S. export contrl egulatione. "The 1988 Trilteral Arrangement designated t118.7° W.L. orbitl locaion for Ku—band Fixed:Satllie Service (PSS) use by Canada." On October1 2001, Industry Canada anaded Telesat an approval in principl fo a new C, Ku— and Ka—band communications suelle at the 118.7> W.L. orbitlocation. On March 1. 2006.Indusiy Canada authorized Telesat Coneda to operte AMC—16, using Kw—band spectrum only,on w interim busisuntil Telosar‘new satelit, Anik F3, is brought ntouse atth 118 7° WLorbial loction. Informal Understandings between Industry Canada and the FCC on certain technical ssues concerning operation ofAMC—16 Itis my understanting that o two agencies have concured on the fllowing technical issues concering the opertion ofAMC—16: 1 Atthe L875 W.L.orbital location, the AMC:16 spacecrat will operte on Ku— band fequenciesonly, subjectto Canadian suthority. The Cansdian administation will have responsiblity for compliance with the ITU Radio Regulations (includingthe requirementfor lcensing as specified in Aricle 18.1 ofthe Radio Repultions, and any applieable agresment—seeking procedurss)in connection with cpertion ofKand frequencies on the AMC—16stelite ahe 118.75° WL orbial loction. 2. Operation ofthe AMC—16 sateliteatany location other then at th118.75° W.L orbial location willbe subjectto eensing by the FCC, icluing any operations as a result of equipmentfalir: in the satllt tat resuls in the inabllty o maintain th setelite within +005 degrees ots assigned posiioatth 118 75° WiL orbial loction: 3. Indusiry Canada, through the Dirctor, Spaceand Intermational Regulatory Activites, once the Canadian icensee has beeninformed, wll providethe FCC with four (8) days® advance writn notice(e—mail with confirmed receiptfrom the FCC‘s Chiet, Satelite Divisin, nternational Bureas,wllbeconsidered ‘Triteat Amamgenent Resaring e Us oie Geonalomry ibty Canats, Mexcs, d t Unid Sores, uic Natce, timco No 4406 rl.Spe2, 1998 (*TritalAmngemen)

Chantal Beaumicr Mersh20, 2006 Pages sufient)of ay planned termination or expirtionothe Conadian License for the AMC—16 stelte. 4. Industry Canade willconditiont AMC—16 License to require Telosatto maintai, brring catasrophic fulire ofsatllite componentsthe capoblity to de— orbitthe AMC—16 spaccerat toan orbit consistent with U Recommenation $.100%—1, Environmental Protection of the Geostationary—Satelte Orbit "The informal understandingssot foth in this aterconcerning opertion ofKis— band requencies on the AMC:16 satllte do not constiuta concurrenceby h PCC o the United Sates Adiministation with any Canadian flings with the TU Radiocommanication Bereeu atthe 118.7° W.L.orbitl ocation. 1 is my understanding that the FCC and Industry Canida wil, eparately, and as pars of heagreement—secking process applicabl under the TTU Radio Regubtions, work in good futh o complete that process imofar as necessay,in connection with the opentionofthe AMC:16 satelite at the nominal 118:7° W.L. oritlloction. "The PCC has not issued any of thsuthoriztions hat would be necemary to provide direco—home sevicesto customers n the United States using the AMC—16 sateliteatthe 118.75° W.L..orbital location. The FCC has received an apoliation for modifeation ofthleense for the AMC—16 stelit,totemporanly relocate t o the 118.75° W.L. orbital ocation. The PCC has also received an applcation foa blanket authorization of ath tations secking to resaive directto—home ransmissions in the United Sttesfrom the AMC—16 stelite atthe 118.75" W.L. orbital location These applieations will require separie ction bythe RCC. This echange of leters does not constiite approval oany ofthese applications In the event thatthre are any provisions in Telesats lcense flom Industry Canada, r any provisions n the Conadian lows and regulations goveming the telecommunications opertions ofTaleet Canada that would proclude or otheriselenit the exercise ofEchostr‘s or SES Americon‘s contactua ights within the timefames specified in the Agreementthe FCC would apprecitethe opportunity to consult with Indutry Canada, pioto any exeriseofsch lcensing authorib, or applicationsofuch Jw or regulations by Industry Caneda. 1 would appreciae acknowledament ofhese views and expressionoany views whichIndustry Canada may have concernin the maitediscussed in this parigraph. Let me alsoexpressthe FCC‘s willmgness to discuns this materfurther, in the event,aa later dte,itbecomes necessaryto do so. Lastly,ll notices, inquiies,and correspondence from Industry Canada concerming these mattersshouldbe drecte to the Chict Saelite Division, Intemational Burcou (phonnumber 202.118 2341) (e mail: Robert Neleon@ifss.gou, with copy to AndresKelli@fve.gov and Mark.Youne@fee.gou), on the par ofthe FCC. The FCC will forvard allnotiees nquiries and correspondence concerming thse maters t the Directr, Space and Itematioal Repulatory Activies(phone number 613.998—3819) (c—

Chantal Beoumier Marsh 20, 2006 Paged mail beaurierchontl@i.goen) on the prt of Industy Canada. Please let us knowif this addess subsequenty changes Ifthe forepsing correspondsto your understanding oftheinformal arangements bemween our two agencies concerning the varioustechnica ssues involved in he temporaryopertion ofKu—band fequencies on AMC—16 atth118.75° W.L. orbial Hocation,piese contiem by retom leter. Thank you. Sincercl, yheia. Robert G. Nelsoo Chief Satelit Division Pasl Bush Viee President, Broadcasting & Corporte Development Telesat Canada Naney J.Eskenazi Vie President and Associate General Counsel SES Americom, Inc

BWR nooy cce nowve snsinr e Gumox kinces ouFileosois—1 (54873 REY Mas 2 3 2e Mr. Robert Nelson Chiet, Sarellte Division Intermtional Buresu Foderal Communications Commission Washingon, D.c. 20581 Dear Mc Nelson: "Thank you for yourletr of March 22, 2006 stingout our informal common understandings conseming cerain echnieal issus involved in the peration oa broadcasting—satelt service satlite nown by Telesat Canada and SES Americom,Inc.as AMC—16. 1 am pleased to provide myconfimation oouinformal understandings and acknowledgement oheother views expressod i yourleter 1 alsonote from yourlaterthat ithe event thereare any provisionin ‘Teesi‘s Hcensefrom Industy Canada, or y provisons in the Canadian laws and regilations governin thtlecommunications opertionsofTeleatCanada that would preclude or othervise lmitthe exersiseofEchostars and SES Americon‘scontactial right withn the tme frames pecifd in the Agrcement, the FCC would appresiate the opportunity to consut wth Indutry Canada, prioe to any exereise ofsuch censingauthoriy, or appliations of such law or reaulaionsby Industy Canada. To theextent possble under te circumstances and th law,Industry Canada willinform the FCC ofthe exereiseoleensing suthorip,o applictionof awor regultionby Industry Canada, that would preclude or othervise limitthe exereise ofSES Americonts contractusl ights within the time flames specifid in the Agreement Canadi

Once again,I wantto express my apprecition fote support your administation is givingto thiskind o commersial arangementto fiiitte he deliveryof importantand valuable sateite services Stncwrly e Chantal Beaumicr Directr, Space and Intemational Reyulatory Activites se Robert Power, Telesst Canada


Document Created: 2006-04-10 15:54:43
Document Modified: 2006-04-10 15:54:43
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