Attachment APPLICATION

This document pretains to SES-MOD-20001130-02268 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2000113002268_643794

LAW OFFICES LEVENTHAL, SENTER 8 LERMAN rpirc. SUITE 600 NORMAN P. LEVENTHAL 2000 K STREET, NW. TELEPHONE MEREDITH S. SENTER, JR. (202) 429—8970 STEVEN ALMAN LERMAN WasHINcTON, D.C. 20006—1809 TELECOPIER RAUL R. RODRICUEZ (202) 293—7783 DENNIS P. CORBETT BRIAN M. MADDEN BARBARA K. GARDNER STEPHEN D. BARUCH November 30, 2000 WWW.LSL—LAW.COM SALLY A. BUCKMAN _ WRITER‘S DIRECT DIAL NANCY L. WOLF 202—416—6782 DAVID S. KEIR DEBORAH R. COLEMAN WRITER‘S DIRECT FAX NANCY A. ORY 202—429—4626 ROSS G. CREENBERC H. ANTHONY LEHV WRITER‘S E—MAIL JOHN D. POUTASSE SBARUCH@LSL—LAW.COM CHRISTOPHER J. SOVA PHILIP A. BONOMO JUAN F. MADRID JANET Y. SHIH VIA HAND DELIVERY Federal Communications Commission International Bureau — Earth Stations P.O. Box 358160 Pittsburgh, PA 15251—5160 Re: Application of Lockheed Martin Corporation to Modify Earth Station at Carpentersville, New Jersey (Call Sign E7541) Dear Sir or Madam: On behalf of Lockheed Martin Corporation ("Lockheed Martin®"), please find enclosed the original and two copies of Lockheed Martin‘s application on FCC Form 312 to modify its license for a fixed satellite service transmit/receive earth station at Carpentersville, New Jersey (Call Sign E7541) to receive additional frequencies in the 3650—3700 MHz band. Also enclosed, in triplicate, is a completed FCC Form 159 (FCC Remittance Advice), along with a check in the amount of $145.00 in payment of the required filing fee. The final enclosure is a "Return Copy" of the application and associated Remittance Advice Form. Please date stamp this copy, and returnit to the courier delivering this package. Please contact me if there are any questions concerning this matter. Respectfully yours, _ Stephen D. Baruch * Attorney for Lockheed Martin Corporation Enclosures E

gk&zatfi“g READ INSTR‘CTIONS CAREFULLY — BEFORE PROCEEDH.G Approy Lg()?}o(())Ng; FEDERAL COMMUNICATIONS COMMISSION 3060—058% REMITTANCE ADVICE Page No 1__ of _ SPECIAL USE (1) LOCKBOX # a sand woy 3 0 r000 FCC USE ONLY 358160 f i ~ SECTION A — PAYER INFORMATION (2) —PAYER NAME (if paying by credit card, enter name exactly as it appears on your card) (3) TOTAL AMOUNTPAID (U.S. Dollars and Leventhal, Senter & Lerman $145 .00 (4) STREET ADDRESS LINE NO.1 Attention: Stephen D. Baruch (5) STREET ADDRESS LINE NO. 2 2000 K Street, N.W., Suite 600 (6) CITY (7) STATE (8) ZIP CODE Washington DC 20006 — (9) DAYTIMETELEPHONE NUMBER (include area code) (10) COUNTRYCODE (if notinU.S.A.) 202—429—8 970 ECC REGISTRATION NUMBER (FRN) AND TAX IDENTIFICATION NUMBER (TIN) REQUIRED (11) PAYER (FRN) 0004—0547—97 IF PAYER NAME AND THE APPLI______ ... ... sus» on c nona, CumMrubni®s SECTION B IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159—C) (13) APPLICANT NAME * Lockheed Martin Corporation (14) STREET ADDRESSLINE NO.1 Attention: Michael E. Usarzewicz (15) STREET ADDRESS LINE NO. 2 6801 Rockledge Drive (16 CITY (17) STATE (18) ZIP CoDE Bethesda MD 20817 — (19) DAYTIME TELEPHONE NUMBER (include area code) (20) COUNTRY CODE (if not in U.S.A.) (301) 897—6000 ECC REGISTRATION NUMBER (FRN) AND TAX IDENTIFICATION NUMBER (TIN) REQUIRED (21) APPLICANT(FRN) (22) APPLICANT(TIN) 0002—1493—539 0952693884 COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEET (23A) CALL SIGN/OTHER ID (24A) PAYMENT TYPE CODE (25A) QUANTITY E7541 CGX 1 (26A) FEE DUE FOR (PTC) (27A) TOTAL FEE FCC USE ONLY $145. $145. (28A) FCC CODE 1 (29A) FCC CODE 2 (23B) CALL SIGN/OTHER ID (24B) PAYMENT TYPE CODE (25B) QUANTITY (26B) FEE DUE FOR (PTC) (27B) TOTAL FEE FCC USE ONLY (23B) FCC CODE 1 (29B) FCC CODE 2 SECTION D — CERTIFICATION (30) CERTIFICATION STATEMENT 7 15t ephen D. Baruch . certify under penaltj; ofperjurythat the foregoing and supporting informationis true and correct to \ the best of my knowledge, information and belief. SIGNATURE . pare 11/30/2000 SECTION E — CREDIT CARD/PAYMENT INFORMATION ~——_ 31 MASTERCARD/VISA ACCOUNT NUMBER: EXPIRATION [C] mastercako [ [ [ [ [ [ [ f [ [ f $ [ [ OO o I hereby authorize the FCC to charge my VISA or MASTERCARD for the service(s)/authorization herein described. VISA SIGNATURE DATE SEE PUBLIC BURDEN ON REVERSE FCC FORM 159 FEBRUARY 2000 (REVISED)

E7541 SES—MOD—20001130—02268 FCC 312 A im LOCKHEED MARTIN CORPORATION Main Form Est Ave Lockheed Mrtin Lnching Systems PerResp CARPENTERSVILLE . NJ WARREN FEDERAL COMMUNICATIONS COMMISSION APPLICATION FOR SATELLITE SPACE AND EARTH STATION AUTHORIZATIONS APPLICANT INFORMATION 1. Legal Name of Applicant 2. Voice Telephone Number Lockheed Martin Corporation (301) 897—6000 3. Other Name Used for Doing Business (if any) 4. Fax Telephone Number (301) 897—6083 5. Mailing Street Address or P.O. Box 6. City 6801 Rockledge Drive Bethesda en . . 1 , Alph r th Stati 7. State / Country (if not U.S.A.) 8. Zip Code ATTENTION: Michael Usarzewicz, pha Ear ation Maryland 20817 9. Name of Contact Representative (If other than applicant) 10. Voice Telephone Number Stephen D. Baruch 202—416—6782 11. Firm or Company Name 12. Fax Telephone Number Leventhal, Senter & Lerman | 202—293—7783 13. Mailing Street Address or P.O. Box 14. City 2000 K Street, N.W., Suite 600 Washington . . h 15. State / Country (if not U.S.A.) 16. Zip Code ATTENTION: Stephen D. Baruc DC 20006 CLASSIFICATION OF FILING 17. Place an "X" in the box next to the classification that applies to this filing for both questions a. and b. Mark only one box for 17a and only one box for 17b. D bi. Application for License of New Station D b6. Transfer of Control of License or Registration . . [:] b2. Application for Registration of New D b7. Notification of Minor Modification [X at. Earth Station Domestic Receive—Only Station D b3. Amendment to a Pending Application D b8. Application for License of New Receive—Only Station Using Non—U.S. Licensed Satellite a2. Space Station sPaak . fatragi . msean: . haag : D P b4. Modification of License or Registration D b9. Letter ofIntent to Use Non—U.S. Licensed Satellite to Provide Service in the United States [::I b5. Assignment of License or Registration D b10. Other (Please Specify): 18. If this filing is in reference to an existing station, enter: 19. If this filing is an amendment to a pending application enter: Call sign of station: {a) Date pending application was filed: (b) File number of pending application: E7541 FCC 312, Main Form — Page 1 February, 1998

TYPE OF SERVICE 20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) ofservice(s): Place an "X" in the box(es) next to all that apply. [X] a. Fixed Satellite [_] c. Radiodetermination Satellite [_] e. Direct to Home Fixed Satellite [_] b. Mobile Satellite [_] d. Earth Exploration Satellite [_] £ Digital Audio Radio Service [X g.Other(pleasespecity) Transfer Orbit Operations 21. STATUS: Place an "X" in the box next to the applicable status. Mark only one box. 22. Ifearth station applicant, place an "X" in the box(es) next to all that apply. I::] a. Common Carrier [X] b. Non—Common Carrier a. Using U.S. licensed satellites D b. Using Non—U.S. licensed satellites 23. If applicant is providing INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Mark only one box. Are these facilities: D a. Connected to the Public Switched Network [Z] b. Not connected to the Public Switched Network 24. FREQUENCY BAND(S): Place an "X" in the box(es) next to all applicable frequency band(s). [_] a. C—Band (4/6 GHz) [_] b. Ku—Band (12/14 GHz) [X] c. Other (Please specify) 3650—3700 MHz (Extended C—Band, space—to—Earth) TYPE OF STATION 25. CLASS OF STATION: Place an "X" in the box next to the class of station that applies. Mark only one box. a. Fixed Earth Station [_] b. Temporary—Fixed Earth Station I:] c. 12/14 GHz VSAT Network D d. Mobile Earth Station I::] e. Space Station D £. Other If space station applicant, go to Question 27. (Specify) 26. TYPE OF EARTH STATION FACILITY Mark only one box. a. Transmit/Receive [~] b. Transmit—Only D c. Receive—Only PURPOSE OF MODIFHCATION OR AMENDMENT 27. The purpose of this proposed modification or amendmentis to: Place an "X" in the box(es) next to all that apply. [~7] a —— authorization to add new emission designator and related service 7| b —— authorization to change emission designator and related service [~7 c —— authorization to increase EIRP and EIRPdensity [~| d —— authorization to replace antenna [~I e —— authorization to add antenna [ f—— authorization to relocate fixed station —)Z g —— authorization to change assigned frequency(ies) ~| h —— authorization to add Points of Communication (satellites & countries) ~| i —— authorization to change Points of Communication (satellites & countries) [~| j —— authorization for facilities for which environmental assessment and radiation hazard reporting is required ~| k —Other (Please Specify) ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.1307? ¥ES NO If YES, submit the statement as required by Sections 1.1308 and 1.131 1 ofthe Commission‘s rules, 47 C.ER. §§ 1.1308 and 1.1311, as an exhibit to this application. D A Radiation Hazard Study must accompany all applications as an exhibit for newtransmitting facilities. major modifications. or major amendments. Refer to OET Bulletin 65. FCC 312, Main Form — Page 2 February, 1998

ALIEN OWNERSHIP 29. Is the applicant a foreign government or the representative of any foreign government? [_] Y¥ES [X NO 30. Is the applicant an alien or the representative of an alien? [_] YES [X No 31. Is the applicant a corporation organized under the laws of any foreign government? [] Y¥ES [X No 32. Is the applicant a corporation of which more than one—fifth of the capital stock is owned of record or voted by aliens or their [7 v¥Es (% No 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 one—fourth of the [7] ¥Es [X No 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, the identification of the aliens or 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 [] No If Yes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents. Cae _P 7 36. Has the applicant or any party to this application had any FCC station authorization or license revoked or had any [ ¥Es [3 No application for an initial, modification or renewal of FCC station authorization, license, or construction permit denied by the Commission? If Yes, attach as an exhibit, an explanation of the circumstances. 37. Has the applicant, or any party to this application, or any party directly or indirectly controlling the applicant ever been [7 ¥Es NO convicted of a felony by any state or federal court? If Yes, attach as an exhibit, an explanation of the circumstances. See Ex _2 38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant, guilty of unlawfully [7 ¥EsS NO monopolizing or attempting unlawfully to monopolize radio communication, directly or indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement or any other means or unfair methods of competition? If Yes, attach as an exhibit, an explanation of the circumstances. 39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending matter referred [7 ¥yEs [3 No to in the proceeding two items? If Yes, attach as an exhibit, 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, addresses, and citizenship of those stockholders owning of record and/or voting 10 percent or more of the Filer‘s voting stock and the percentages so held. In the case of fiduciary N/A 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 the applicant nor any other party to the application is subject to a denial [% yEs 7 No 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? [] YES [X NO If yes, 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? FCC312, Main Form — Page 3 February, 1998

43. Description. (Summarize the nature of the application and the services to be provided). Lockheed Martin seeks authority to modify its existing earth station license to incorporate the ability to provide FSS services (including TT&C) to all authorized points of communication using spectrum in the extended C—band frequency range (i.e., 3650—3700 MHz) in the space—to—Earth direction. Exhibit No. Identify all exhibits that are attached to this lication. 1 Requests for Waiver of Commission Rules uestion 35 2 Adjudicatory Matters Involving Applicant uestion 37 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): (Place an "X" in the box next to applicable response.) [_] a. Individual [_] b. Unincorporated Association [_] c. Partnership [X d. Corporation [_] e. Governmental Entity [_] f. Other z7 (Please specify) mm 45. Typed Name of Person Signing . 46. Title of Person Signing Gerald Musarra ég;%i;@é%/i;ZZZ;%€ZZth/ Vice President, Trade and Regulatory Affairs 47. Signature jb 48. Date // November 30, 2000 WILLFEUL 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). FCC 312, Main Form — Page 4 February, 1998

gcg:glgé 2 FEDERAL COMMUNICATIONS COMMISSION Page 1: Location SATELLITE EARTH STATION AUTHORIZATIONS (Technical and Operational Description) Registrati N p a (Place an "X" in one of the blocks below) egistration of New Domestic . License of New Station araive Receive—Only : Station Amendment to a Pending £ Application APP X) Modification of License/Registration 8 Notification of Minor Modification B1. Location of Earth Station Site. If temporary—fixed, mobile, or VSAT remote facility, specify area of operation and point of contact. If VSAT hub station, give its location. For VSAT networks attach individual Schedule B, Page 1 sheets for each hub station and each remote station. Individually provide the Location, Points of Communications, and Destination Points for each hub and remote station. Bla. Station Call Sign B1b. Site Identifier (HUB, REMOTE1, etc.) B1c. Telephone Number B1j. Geographic Coordinates N/S, Blk. Lat./Lon. (90 8) 859—4050 Deg. —— Min. —— Sec. — E/W Coordinates are: E7541 B1d. Street Address of Station or Area of Operation Bie. Name of Contact Person Lat. 40 38 39 N [Xl NAD—27 450 River Road Michael E. Usarzewicz Lon. " 2 11 29 _ [_] nap—s3 BIf. City B1g. County Blh. State B1i. Zip Code B1l. Site Elevation (AMSL) Carpentersville (Phillipsburg)]| Warren NJ 08865 69 meters B2. Points of Communications: List the names and orbit locations of all satellites with which this earth station will communicate. The entry "ALSAT" is sufficient to identify the names and locations of all satellite facilities licensed by the U.S. All non—U.S. licensed satellites must be Histed individually. Satellite Name and Orbit Location Satellite Name and Orbit Location Satellite Name and Orbit Location ALSAT B3. Destination points for communications using non—U.S. licensed satellites, For each non—U.S. licensed satellite facility identified in section B2 above, specify the destination point(s) (countries) where the services will be provided by this earth station via each non—U.S. licensed satellite system. Use additional sheets as needed. Satellite Name List of Destination Points FCC 312, Schedule B — Page 1 February, 1998

FEDERAL COMMUNICATIONS COMMISSION Page 2: Antennas SATELLITE EARTH STATION AUTHORIZATIONS FCC Form 312 — Schedule B: (Technical and Operational Description) B4. Larth Station Antenna Facilities: Use additional es as needed. (b) (c) 8 (g) Antenna Gain (a) Site ID* Antenna ID** Quantity (d) Manufacturer Antenna Size Transmit and/or Receive {(meters) (_____ dBi at GHz) 53.9 dBi @ 4 GHz South Ant.| 1 120—00—00 14 .2 57.5 dBi G 6 GHz 53.9 dBi @ 4 GHz North Ant.} 1 120—00—00 57.5 dBi @ 6 GHz B5S5. Antenna Heights and Maximum Power Limits: (The corresponding Antenna ID in tables B4 and B5 applies to the same antenna) (a) Maximum Antenna Height (e) Building (f) Maximum (g) Total Input wl Antenna (b) Antenna Structure (c) Above (d) Above Height Above Antenna Height Power at (h). ’Iota\ EFRP ID+* Registration No. Ground Level Mean Sea Level Ground Level Above Rooftop antenna flange for a(ljl;\e;r1ers (meters) (meters) (meters)*** (meters)*** (Watts) ( ) South Ant.| N/A 18 69 3 .5 3000 87 North Ant.| N/A 18 69 3 .5 3000 87 Notes: * If this is an application for a VSAT network, identify the site (Item B1b, Schedule B, Page 1) where each antenna is located. Also include this Site—ID on Schedule B, Page 5. ** Identify each antenna in VSAT network or multi—antenna station with a unique identifier, such as HUB, REMOTE1I, A1, A2, 10M, 12M, 7M, etc. Use this same antenna ID throughout tables B4, B5, B6, and B7 whenreferring to the same antenna. *** Attach sketch ofsite or exemption, See 47 CFR Part 17. FCC 312, Schedule B — Page 2 February, 1998

FEDERAL COMMUNICATIONS COMMISSION Page 3: Coordination SATELLITE EARTH STATION AUTHORIZATIONS FCC Form 312 — Schedule B: (Technical and Operational Description) B6. Frequency Coordination Limits: Use additional pages as needed. (a) (b) (c) Range of (d) Range of (e) Antenna (f) Antenna (g) Earth Station (h) Earth Station (i) Maximum EIRP Antenna Frequency Limits Satellite Arc Satellite Arc Elevation Angle Elevation Angle Azimuth Angle Azimuth Angle Density toward the ID* (MHz) Eastern Limit** Western Limit** Eastern Limit Western Limit Eastern Limit Western Limit Horizon (dBW/4kHz) S. Ant. 3650—3700 MHz 0. 0 0. 0 10 .0 90 . 0 76 .0 284 .0 N/A N. Ant. 3650—3700 MHz 0. 0 0.0 10 .0 90 . 0 76 .0 284 .0 N/A Notes: * Provide the ANTENNA—AID from table B4 to identify the antenna to which each frequency band and orbital arc range is associated. ** If operating with geostationary satellites, give the orbital are limits and the associated elevation and azimuth angles. If operating with non—geostationary satellites, give the notation "NON—GEO" for the satellite arc and give the minimum operational elevation angle andthe maximum azimuth angle range. FCC 312, Schedule B — Page 3 February, 1998

FEDERAL COMMUNICATIONS COMMISSION Page 4: Particulars SATELLITE EARTH STATION AUTHORIZATIONS FCC Form 312 — Schedule B; (Technical and Operational Description) B7. Particulars of Operation (Full particulars are required for each r.f. carrier): Use additional pages as needed,. c Maximum (a) (b) 1(‘/£{ (d) Antenna (e) (f) Maximum gigI)RP Density Antenna Frequency Bands Mode] Polarization Emission EIRP per per Carrierc (h) Description of Modulation and Services ID* (MHz) s4 (H, V. L, R) Designator Carrier (dBW) (dBW/AkHz) S. Ant. 3650—3700 R |HVLR 3000Fr9 GXD and Transfer Orbit N. Ant. 3650—3700 R HVLR 3000Fr$ GXD and Transfer Orbit Notes: * Provide the ANTENNA—AID from table B4 to identify the antenna to which each frequency band and emissionis associated. For VSAT networks, include frequencies and emissions for all HUB and REMOTE units. ** Indicate whetherthe earth station transmits or receives in each frequency band. FCC 312, Schedule B — Page 4 February. 1998

FEDERAL COMMUNICATIONS COMMISSION Page 5: Questions SATELLITE EARTH STATION AUTHORIZATIONS FCC Form 312 — Schedule B: (Technical and Operational Description) If VSAT Network, provide the SITE—ID (Item B1b) of the station that B8—B13 are in response to (HUB, REMOTE1, etc.): B8. If the proposed antenna(s) operate in the Fixed Satellite Service (FSS) with geostationary satellites, do(es) the proposed antenna(s) . . 4P . E m comply with the antenna gain patterns specified in Section 25.209(a) and (b) as demonstrated by the manufacturer‘s qualification YES [] no measurements? If NO, provide as an exhibit, a technical analysis showing compliance with two—degree spacing policy. B9. If the proposed antenna(s) do not operate in the Fixed Satellite Service (FSS), or if they operate in the Fixed Satellite Service (FSS) 7 ¥Es [ NO N/A with non—geostationary satellites, do(es) the proposed antenna(s) comply with the antenna gain patterns specified in — Section 25.209(a2) and (b) as demonstrated by the manufacturer‘s qualification measurements? B1Q. Is the facility operated by remote control? If YES, provide the location and telephone number of the control point. [] ¥Es K No Remote Control Point Location: B1Qa. Street Address BiOb. City B10c. County B10d. State / Country B1Oe. Zip Code B1Of. Telephone Number B10g. Call Sign of Control Station(if appropriate) B11. Is frequency coordination required? If YES, attach a frequency coordination report as an exhibit. [] YEs [X] NOSee Ex .1 B12. Is coordination with another country required? If YES, attach the name of the country(ies) and plot of coordination contours as [] Y¥ES [X] NO an exhibit. B13. FAA Notification — (See 47 CFR Part 17 and 47 CFR Part 25.113(c)) [] ¥Es [ No N/A Where FAA notification is required, have you attached a copy of a completed FCC Form 854 and/or the FAA‘s study regarding the potential hazard of the structure to aviation? N/A —— Existing FAILURE TO COMPLY WITH 47 CFR PARTS 17 AND 25 WILL RESULT IN THE RETURN OF THIS APPLICATION. station FCC 312, Schedule B — Page 5 February, 1998

Lockheed Martin Corporation FCC Form 312 Question 35 Exhibit 1 November 2000 Requests for Waivers of Commission Rules Lockheed Martin Corporation ("Lockheed Martin®") requests the waiver of two Commission rules in connection with its instant modification of earth station license application. First, Lockheed Martin requests the Commission to waive the requirement of Section 2.108 of the Commission‘s Rules. Second, Lockheed Martin requests a waiver of Section 2.106, Footnote NG169, of the Commission‘s Rules. In addition, Lockheed Martin provides a statement with respect to the frequency coordination requirements of Section 25.203. 1. Waiver of Section 2.108 Section 2.108 of the Commission‘s Rules contains the Commission‘s current policy regarding the use of the fixed—satellite service ("FSS") allocations, inter alia, in the 3.6—3.7 GHz band. It makes use of the FSS in this band subject to footnote US245, which limits FSS to N¥ international inter—continental systems and requires case—by—case electromagnetic compatibility y x analyses. Nee 47 CFR. § 2.108. See also 47 C.F.R. § 2.106, footnote US245. Q{O,«”? gfiw & J¥ In its First Report and Order and Second Notice ofProposed Rule Making in ET Docket ,& is" 4 No. 98—237, Amendment ofthe Commission‘s Rules with Regard to the 3650—3700 MHz & Government Transfer Band, FCC 00—363 (released October 24, 2000) ("First R&O/Second * 5@[] n %“’f NPRM"), the Commission noted that the allocation to the FSS at 3600—3700 MHz was initially 4" J& aimed narrowly at meeting future projected requirements of the international telecommunications / ;/ system of INTELSAT. Id., FCC 00—363, slip op. at 4 128. Despite the fact that it did not &/C & specifically propose to eliminate the restriction at an earlier point in the proceeding, the K fl/ Commission nowbelieves "that deletion of the footnote restriction should be considered for the* g{”‘“ 3650—3700 MHz band in order to provide for flexible and efficient use of FSS earth station ° sites[,]" and that it is not appropriate "to continue what amounts to a spectrum reservation for only one of several competitors." 1d. Lockheed Martin, which, though a subsidiary, is an owner of the INTELSAT system, intends to file comments next month containing its views on the Commission‘s tentative \WA{ determination to delete or modify the footnote US245 (and consequently Section 2.108 of the Commission‘s Rules). Pending Commission action on its tentative determination, however, Lockheed Martin submits thatit would be wasteful for it to incur the expense and effort to conduct an electromagnetic compatibility analysis with regard to its earth station facility at Carpentersville, New Jersey. Instead, Lockheed Martin requests that the Commission waive application of Section 2.108/footnote US245, and condition any authorization Lockheed Martin may be granted pursuant to the instant modification application on the outcome of the Commission‘s proposal in this regard in its First R&O/Second NPRM. Should the Commiussion determine that an electromagnetic compatibility analysis is required for applications submitted in the interval prior to final action on its proposal, Lockheed Martin stands prepared to comply with the Commission‘s determination,

and requests the opportunity to conduct such an analysis and supplement its application accordingly. 2. Waiver of Footnote NG169 In its First R&O/Second NPRM, the Commission adopted a new policy that would accord primary status only to earth stations that currently use the 3650—3700 MHz band (so—called "grandfathered sites") and to applicants that apply prior to December 1, 2000 for authority to establish new of modified extended C—band facilities that are located within ten miles of an existing grandfathered extended C—band earth station receive site. The areas where new and modified earth stations were deemed permitted are located in just sixteen states plus Puerto Rico and Guam, and in some cases do not include the entire 50 MHz of spectrum at 3650—3700 MHz. This policy is reflected in new footnote NG169 to Section 2.106 of the Commussion‘s Rules, and in the associated portions of the Commission‘s First R&O/Second NPRML. The Lockheed Martin earth station at Carpentersville, New Jersey, which is the subject of the instant modification application, is not one of the grandfathered sites, and is not located within 10 miles of a grandfathered site. Nevertheless, the Commussion should waive the application of footnote NG169 (and associated policies) and treat the earth station facility authorized pursuant to the instant modification of license application as a grandfathered site.‘ In seeking this waiver, Lockheed Martin is limiting its assertions to the highly unusual, if not unique, factual circumstances that are associated with its Carpentersville facility. While Lockheed Martin has, as a member of the Extended C—Band Ad Hoc Coalition, moved for an emergency stay of the December 1 deadline for submission of applications to secure grandfathered status," and intends to seek reconsideration of the First R&O in its own right next month, it is assuming arguendo herein that the rules and policies adopted in the First R&O are applicable. Lockheed Martin‘s Carpentersville, New Jersey site, once authorized for extended C—band service, should become a grandfathered site under footnote NG169. The facility itself is located in a very rural area. As can be seen from the attached site photographs, the two existing antennas that Lockheed Martin proposes to use to receive transmissions in the 3650—3700 MHz band are located deep within a working stone quarry, and thus the antenna used to receive FSS transmissions in the 3650—3700 MHz band will be shielded by terrain from terrestrial interference. The shielding, in fact, is increasing, as rubble from the quarrying activities is deposited on the top of the quarry ridges." Indeed, the only practical way a terrestrial transmitter could interfere with | Lockheed Martin notes that it is seeking a waiver of a rule that, while final, has not yet gone into effect. In its First R& O/Second NPRM, the Commission ordered that the modifications it made to Part 2 of its Rules — including new footnote NG169 — would take effect 90 days after Federal Register publication. Federal Register publication occurred on November 17, 2000 (65 Fed.Reg. 65491), making the effective date of the rule February 15, 2001. See First R&O/Second NPRM, FCC 00—363, slip op. at § 145. In light of the time—sensitive nature of the new footnote, Lockheed Martin believes that good cause is shown here for requesting waiver of a rule that, while not yet effective, would, unless stayed, immediately become applicable uponits entry into force. See gemerally, 47 C.F.R. § 1.3. 2 See Extended C—Band Ad Hoc Coalition Emergency Motion for Stay Pending Reconsideration, ET Docket No. 98—237 (filed November 28, 2000). 3 Since the attached photographs were taken, the thin line of trees located at the center of the first photograph has been replaced with a ridge of material removed during quarry operations. On the far side of the river adjoining the quarry is a high ridge that provides further terrain shielding.

the earth station‘s use of the 3650—3700 MHz band would be if the transmitter were installed on the rim of the quarry and pointed straight down into the earth station antennas. As a further inhibition to the already scant likelihood that a terrestrial station could ever interfere, absent intent to do so, with the use of 3650—3700 MHz by Lockheed Martin‘s earth station arises from the fact that the site is located in the middle of a migratory bird flight path and at the edge of the Pohatcong Grasslands Project — both of which are vigorously defended by local advocacy groups that have for many years fended off attempts at wireless towersitings and other forms of development. There are currently no wireless towers in any service located within the line of sight of the proposed 3650—3700 MHz antenna, and the local citizenry‘s firmly—held opposition to wireless towers is not viewed as likely to change anytime in the foreseeable future — regardless of what happens in response to the Commission‘s Second NPRM. Under these circumstances, Lockheed Martin requests the Commission to waivefootnote_ NG169 and the associated policy elements of the Commussion‘s First R&O/Second NPRM, and _grantgrandfathered to Lockheed Martin‘s proposed Carpentersville extended C—band facility — notwithstanding the fact that the facility is not proposed for location within 10 miles of any of the sites grandfathered in by the Commission—Terrain, wildlife, and local oppositions to wireless towers in or near the ecologically sensitive Pohatcong Grasslands Project are such that the grandfathering of the Carpentersville facility will not impose any new constraints on terrestrial services. On the other hand, grandfathering will provide Lockheed Martin and its customers with the security of knowing that they will be able to continue in the quiet enjoyment of their systems. As the frequencies proposed for addition to the existing authorization will be used to provide mission critical TT&C services, it is of paramount importance to Lockheed Martin and its customers that the use of the frequencies at the Carpentersville site be on a co—primary basis (as it will be for other stations with grandfathered status in the 3650—3700 MHz band) — without regard to the fact that the terrain shielding characteristics of the site make the prospect of terrestrial interference minimal. Lockheed Martin notes further that even if a terrestrial system seeks to use the 3650—3700 MHz band within the vicinity of Carpentersville in the future, the terrain shielding considerations associated with the situation of the antennas within the stone quarry should substantially facilitate coordination. The Commission recognized in its First R&O/Second NPRM, that so—called "exclusion zones" are different for each FSS earth station site due to such factors as shielding, antenna orientation, and terrain elevation. Lockheed Martin submits that the unusual situation of the subject earth station deep within a stone quarry, where it is shielded from nearly all interferors and where local opposition would diminish the prospects for the siting of a tower at those few locations from which interference could be caused, are such that the grant of the requested waiver would not trigger the Commission‘s fears of "unrestrained deployment of FSS earth stations [that] could hinder or greatly inhibit the opportunities for terrestrial operations in the band." FCC 00— 363, slip op. at 4 18. Grant of the requested waiver would, in short, maximize the use of spectrum at 3650—3700 MHz in this particular geographic location, would not be inconsistent with the objectives of the First R&O/Second NPRM, would provide Lockheed Martin and its customers with the assurance of knowing that their mission—critical services will enjoy protection under the Commission‘s rules during the lifetimes of the space stations with which the subject earth station facility will communicate. Accordingly, Lockheed Martin urges the Commission to determine that granting

the waiver of footnote NG169 and the associated policies, and according grandfathered status to Lockheed Martin‘s incorporation of the 3650—3700 MHz frequencies at the Carpentersville facility, would advance the overall public interest, convenience, and necessity. 3. Statement Regarding Section 25.203 In its First R&O/Second NPRM, the Commission only first allocated the 3650—3700 MHz band to non—government terrestrial use, and provided that the allocation will not become effective until February 15, 2001 (90 days after Federal Register publication of the adopted rules). FCC 00— 363, slip op. at C 10, 145. According to the Commission, there are no non—government terrestrial fixed or mobile services in the 3650—3700 MHz band at this time (although some experimental use is apparently being made by the fixed service of the adjacent 3400—3600 MHz band). Id. at [ 10 & n.29. Under these circumstances, Section 25.203(c), which provides that an earth station applicant, prior to the filing of its application, shall coordinate the proposed frequency usage with existing terrestrial users and with previously—filed applicants for terrestrial station authorizations, does not apply. Moreover, much of the rest of Section 25.203, which is made applicable to transmitting earth station applicants by Section 25.130(b), does not instant application to add only receive frequencies to Lockheed Martin‘s underlying authorization. Because there are no current non—government terrestrial stations in the 3650—3700 MHz band, and because the particular terrain considerations that are associated with Lockheed Martin‘s quarry—situated earth station facility would minimize or eliminate most inter—service interference concerns, Lockheed Martin respectfully requests a waiver of any provisions of Section 25.203 that may be deemed applicable. In the alternative, Lockheed Martin respectfully requests that it be given the opportunity to supplement its application with any showing or analysis under this rule that the Commission may find necessary.


Lockheed Martin Corporation FCC Form 312 Question 37 Exhibit 2 November 2000 Adjudicatory Matters Involving the Applicant Lockheed Martin Corporation ("Lockheed Martin"), a Maryland corporation, was formed in connection with the merger of Lockheed Corporation and Martin Marietta Corporation, a business combination which was consummated on March 15, 1995. Lockheed Martin has never been convicted of a felony by any state or federal court. Nonetheless, the following matters relating to predecessor companies are being reported to ensure the fullest possible disclosure in response to Question 37. On January 27, 1995, Lockheed Corporation pleaded guilty in federal district court in Atlanta, Georgia, to a single count of conspiracy to violate the Foreign Corrupt Practices Act and conspiracy to falsify its books, records, and accounts. The plea was related to a 1989 contract between Lockheed Corporation and Egypt for the sale of C—130 aircraft. As part of the resolution of this litigation, Lockheed Corporation paid certain fines to the United States Government. In March 1987, pursuant to an agreement entered into with the United States Attorney for Maryland, Martin Marietta Corporation pleaded guilty in federal district court in Maryland to two counts of mail fraud (18 U.S.C. § 1341) and one count of false statements (18 U.S.C. §1001) in connection with activities of a subsidiary of Martin Marietta Corporation which provided travel— related services. As part of this agreement, Martin Marietta paid certain fines and reimbursed investigative costs to the United States Government. Additionally, in April 1996, Loral Corporation became a wholly—owned subsidiary of Lockheed Martin by merging with a subsidiary of Lockheed Martin. The business unites acquired by Lockheed Martin in this transaction were subsequently integrated into Lockheed Martin Corporation and Loral Corporation ceased to exist. On December 8, 1989, Loral Corporation pleaded guilty in federal district court in Virginia to charges of conspiracy, conversion of government property, and false statement. The please were related to the activities of Loral Defense Systems in obtaining competitor proprietary and government source selection information to assist it in securing certain defense contracts. As part of the resolution of this litigation, Loral Corporation paid certain fines, civil damages, penalties, and investigative costs to the United States Government.


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