Attachment Correction Letter

This document pretains to SES-MOD-20080111-00038 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2008011100038_635555

Page 1 of 1 Eleanor Lott From: Ron Whitworth [whitworth@fhhlaw.com] Sent: Friday, April 11, 2008 12:09 PM RECEgVED To: Eleanor Lott Co: John Van Zandt; Todd Roberts; Frank Jazzo APR 1 1 2008 Subject: E060122 License Modification Attachments: License Modification.pdf Satellite Diviston international Bureau Ms. Lott: Attached is the letter we discussed regarding the E060122 License Modification for RCN License Subsidiary, Inc. Please let me know if you have any questions, and thank you again for all of your help! Best regards, Ron Whitworth Ronald P. Whitworth | Fletcher, Heald & Hildreth, PLC 1300 N. 17th Street, Suite 1100| Arlington, VA 22209 Tel: 703.812.0478| Fax: 703.812.0486| Mobile: 703.862.6297 whitworth@fhhlaw.com TAX ADVICE DISCLAIMER: Under applicable U.S. Treasury Regulations, we are required to inform you that any U.S. tax advice contained in this email or any attachment hereto is not intended or written to be used, and cannot be used, either (i) for purposes of avoiding penalties imposed under the U.S. Internal Revenue Code, or (ii) for promoting, marketing, or recommending to another party any tax—related matter addressed herein. This electronic message transmission contains information from this law firm which may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. 4/11/2008

HARRY F. COLE RETIRED NEMBERS P L C RICHARD HILDRETH ANNE GOODWIN CRUMP VINCENT J. CURTIS, JA. FLETCHER, HEALD & HILDRETH, * * GEORGE PETRUTSAS JOSEPH M. Di SCIPIO PAUL J, FELDMAN ATTORNEYS AT LAW CONSULTANT FOR INTERNATIONAL AND INTERGOVERNMENTAL AFFAIRS JEFFREY J. GEE 1ith FLOOR, 1300 NORTH 17th STREET SHELDON J. KRYS U. S. AMBASSADOR fret) KEVIN M. GOLDBERG FRANK R. JAZZO ARLINGTON, VIRGINIA 22209 OF COUNSEL ALAN C. CAMPBELL M. SCOTT JOHNSON DONALD J. EVANS MITCHELL LAZARUS ROBERT M. GURSS® STEPHEN T. LOVELADY® OFFICE: (703) 8120400 RICHARD E. SWIFT* SUSAN A. MARSHALL HARRY C. MARTIN FAX: (708) 812—0486 WRITER‘S DIRECT MICHELLE A. MeCLURE* MATTHEW H. McCORMICK® www.fhhlaw.com (703) §12—0478 FRANCISCO R. MONTERO whitworth@fhhlaw.com PATRICK A. MURCK LEE G. PETRO® RAYMOND J. QUIANZON MICHAEL W. RICHARDS® April 11, 2008 JAMES P. RILEY DAVINA S. SASHKIN PETER TANNENWALD* KATHLEEN VICTORY HOWARD M. WEISS RONALD R. WHITWORTH RECEIVED *NOT ADMITTED IN VIRGINIA VIA ELECTRONIC MAIL APR 1 1 2008 Ms. Eleanor Lott Satellite Divisipn Federal Communications Commission International—Bureau International Bureau Re: License Modification Call Sign E060122 Dear Ms. Lott: As requested in our telephone conversation, I am sending this letter to officially request a change on the license for E060122, licensed to our client RCN License Subsidiary, Inc. In a recent modification application granted on February 27, 2008 (SES—MOD—20080111—00038), it was inadvertently submitted that the site location is in Tennessee. The proper site location is Arkansas. As a result of this error, the license was issued specifying an incorrect address. We greatly appreciate your assistance in issuing a corrected license, specifying the following address: 1550 N. Ingram Boulevard West Memphis, AR 72301 Please contact the undersigned counsel with any questions, and thank you very much for your assistance in resolving this matter. Very truly yours, FLETCHER, HEALD & HILDRETH, P.L.C. Ronald P. Whitworth

UNITED STATES OF AMERICA FEDERAL COMMUNICATIONS COMMISSION RADIO STATION AUTHORIZATION Name: RCN LILCENSE SUBSIDIARY, INC. Call Sign: EQ60122 Authorization Type: Modification of License File Number: SES—MOD—20080111—00038 Non Common Carrier Grant date: 02/27/2008 Expiration Date: 05/22/2021 Nature of Service: Fixed Satellite Service Class of Station: Fixed Earth Stations A) Site Location(s) Elevation Special Provisions # Site ID Address Latitude Longitude (Meters) NAD (Refer to Section H) 1) 1 1550 N. INGRAM BOULEVARD 35°9‘48.0"N 90°9‘38.0"w 64 .01 83 WEST MEMPHIS, CRITTENDEN, TN 72301 Licensee certifies antenna(s) do not comply with Section 25.209. Please refer to Section E for special conditions placed upon antennas at this site. Subject to the provisions of the Communications Act of 1934, The Communications Satellite Act of 1962, subsequent acts and treaties, and all present and future regulations made by this Commission, and further subject to the conditions and requirements set forth in this license, the grantee is authorized to construct, use and operate the radio facilities described below for radio communications for the term beginning May 22, 2006 (3 AM Eastern Standard Time) and ending May 22, 2021 (3 AM Eastern Standard Time) . The required date of completion of construction and commencement of operation is February 27, 2009 (3 AM Eastern Standard Time) . Grantee must file with the Commission a certification upon completion of construction and commencement ofoperation. B) Particulars of Operations The General Provision 1010 applies to all receiving frequency bands. The General Provision 1900 applies to all transmitting frequency bands. For the text of these provisions, refer to Section H. Max Max EIRP Special EIRP Density Provisions Frequency Polarization Tx/Rx /Carrier /Carrie" Aggociated (Re.fer t0 Modulation/ # (MHZ) Code Emission Mode (dBW) (dBW/4kHz) Antenna Section H) Services 1) 6361.0000—6425.0000 H, V 3M00G7TW Tx 65.20 36.40 1 DIGITAL, QPSK, VARIOUS FEC, VARIOUS DATA RATES, VARIOUS INFO 2) 6361.0000—6425.0000 H, V 9M00G7W Tz 69 .930 36.40 1 DIGITAL, QPSK, VARIOUS FEC, VARIOUS DATA RATES, VARIOUS INFO 3) 6203.0000—6330.0000 H, V 3M00GTW Tx 65 .20 36.410 1 DIGITAL, QPSK, VARIOUS FEC, VARIOUS DATA RATES, VARIOUS INFO 4) 6203.0000—6330.0000 H, V IMOOGTW Tx 69 .90 36.40 1 DIGITAL, QPSK, VARIOUS FEC, VARIOUS DATA RATES, VARIOUS INFO 5) 5925.0000—6192.0000 H, V 3M00G7W Tx 65.20 36.40 1 DIGITAL, QPSK, VARIOUS FEC, VARIOUS DATA RATES, VARIOUS INFO (page 1 of 5) FCC Form 488

UNITED STATES OF AMERICA FEDERAL COMMUNICATIONS COMMISSION RADIO STATION AUTHORIZATION Name: RCN LICENSE SUBSIDIARY, INC. Call Sign: E060122 Authorization Type: Modification of License File Number: SES—MOD—20080111—00038 Non Common Carrier Grant date: 02/27/2008 Expiration Date: 05/22/2021 B) Particulars of Operations ‘The General Provision 1010 applies to all receiving frequency bands. The General Provision 1900 applies to all transmitting frequency bands. For the text of these provisions, refer to Section H. . Max Max EIRP Special EIRP Density Provisions Frequency Polarization Tx/Rx /Carrier /Carrier Associated (Refer t0 Modulation/ # (MHz) Code Emission Mode (dBW) (dBW/4kHz) Antenna Section H) Services 6) 5925.0000—6192.0000 H, V IM00G7W Tx 69 .90 36.40 1 DIGITAL, QPSK, VARIOUS FEC, VARIOUS DATA RATES, VARIOUS INFO 7) 3700.0000—4200.0000 H, V 3M00G7W Rx 1 DIGITAL, QPSK, VARIOUS FEC, VARIOUS DATA RATES, VARIOUS INFO 8) 3700.0000—4200.0000 H, V 9M00G7W Rx 1 DIGITAL, QPSK, VARIOUS FEC, VARIOUS DATA RATES, VARIOUS INFO C) Frequency Coordination Limits Satellite Arc Elevation Azimuth (Deg. Long.) (Degrees) (Degrees) Max EIRP Frequency Limits East West East West East West Density toward Associated # (MHz) Limit Limit Limit Limit Limit Limit Horizon Antenna(s) (dBW/4kHz) 1) 5925.0000—6192.0000 60 . 0w—139 . OW 38.1—24.7 134.7—243.3 —12.32 1 2) 6203.0000—6330.0000 60 . 0w—139 . OW 38.1—24.7 134.7—243.3 —12.32 1 3) 6361.0000—6425.0000 60 . 0w—139 . OW 38.1—24.7 134.7—243.3 —12.32 1 4) 3700.0000—4200.0000 60 . O0w—139 . OW 38.1—24.7 134.7—243.3 1 D) Points of Communications The following stations located in the Satellite orbits consistent with Sections B and C of this Entry: 1) 1 to All authorized U.S. Domestic (ALSAT) Satellites. ( page 2 of 5 ) FCC Form 488

UNITED STATES OF AMERICA FEDERAL COMMUNICATIONS COMMISSION RADIO STATION AUTHORIZATION Name: RCN LICENSE SUBSIDIARY, INC. Call Sign: E060122 Authorization Type: Modification of License File Number: SES—MOD—20080111—00038 Non Common Carrier Grant date: 02/27/2008 Expiration Date: 05/22/2021 E) Antenna Facilities Site/Elevation: 64.01 (Meters) AMSL Special Max Provisions Site Antenna Diameter Antenna Height (Refer to ID ID Units (meters) Manufacturer Model number (Meters) Section H) 1 1 1 3.8 PRODELIN 1383 4 AGL/ 68 AMSL Max Gains(s) : 42.0 dBi @ 4.0000 GHz 45.9 dBi G 6.0000 GHz Maximum total input power at antenna flange (Watts) = 252.00 Maximum aggregate output EIRP for all carriers (dBW) = 69 .90 F) Remote Control Point: 1 4175 CAMERON STREET, SUITE B—10 Call Sign: EO60122 LAS VEGAS, CLARK, NV 89103 702—227—7590 G) Antenna Structure marking and lighting requirements: None unless otherwise specified under Special and General Provisions H) Special and General Provisions A)This RADIO STATION AUTHORIZATION is granted subject to the following special provisions and general conditiene 146 ——— This is granted without prejudice to any future FCC enforcement action against Scientific Games Racing, LL.C in connection with any unauthorized operation of radio facilities. 234 ——— If a good faith agreement cannot be reached between the satellite operator and the operator of a future 2° compliant satellite, the earth station operator shall accept the power density levels that would accommodate the 2° compliant satellite. 1010 ——— Applicable to all receiving frequency bands. Emission designator indicates the maximum bandwidth of received signal at associated station(s). Maximum EIRP and maximum EIRP density are not applicable to receive operations. 1900 ——— Applicable to all transmitting frequency bands. Authority is granted to transmit any number of RF carriers with the specified parameters on any discrete frequencies within associated band in accordance with the other terms and conditions of this authorization, subject to any additional limitations that may be required to avoid unacceptable levels of inter—satellite interference. 2010 ——— This authorization is issued pursuant to the Commission‘s Second Report and Order adopted June 16, 1972 (35 FCC 2d 844) and Memorandum, Opinion and Order adopted December 21, 1972 (38 FCC 2d 665) in Docket No. 16495 and is subject to the policies adopted in that proceeding. ( page 3 of 5) FCC Form 488

UNITED STATES OF AMERICA FEDERAL COMMUNICATIONS COMMISSION RADIO STATION AUTHORIZATION Name: RCN LICENSE SUBSIDIARY, INC. Call Sign: E060122 Authorization Type: Modification of License File Number: SES—MOD—20080111—00038 Non Common Carrier Grant date: 02/27/2008 Expiration Date: 05/22/2021 H) Special and General Provisions A)This RADIO STATION AUTHORIZATION is granted subject to the following special provisions and general memaditinne 2300 ——— Authority is granted to operate this station by remote control provided that (1)The parameters of the transmissions of this station monitored at the remote control point, and the operational functions sufficient to insure that the operations of this station are in full compliance with the station authorization at all times; (2) upon detection by the grantee, or upon notification from the Commission, of a deviation of the operation of this station shall be immediately suspended until the deviation is corrected, except the transmissions concerning the immediate safety of life or property may be conducted for the duration of such emergency; and (3) the grantee shall have available, at all times, the technical personnel necessary to perform the technical servicing and maintenance of this station expeditiously. See also Public Notice "The International Bureau Provides Guidance Concerning the Relocation of Earth Station Remote Control Points", DA 06—978 (rel. May 4, 2006). 2916 ——— Transmitter(s) must be turned off during antenna maintenance to ensure compliance with the FCC—specified safety guidelines for human exposure to radiofrequency radiation in the region between the antenna feed and the reflector. Appropriate measures must also be taken to restrict access to other regions in which the earth station‘s power flux density levels exceed the specified guidelines. 2938 ——— Upon completion of construction, each licensee must file with the Commission a certification including the following information: name of the licensee, file number of the application, call sign of the antenna, date of the license and certification that the facility as authorized has been completed, that each antenna facility has been tested and is within 2 dB of the pattern specified in Section 25.209 and that the station is operational including the date of commencement of service and will remain operational during the license period unless the license is submitted for cancellation. 3219 ——— All existing transmitting facilities, operations and devices regulated by the Commuission must be in compliance with the Commussion‘s radiofrequency (RF) exposure guidelines, pursuant to Section 1.1307(b)(1) through (b)(3) of the Commission‘s rules, or if not in compliance, file an Environmental Assessment (EA) as specified in Section 1.1311. See 47 CFR 1.1307 (b) (5). 5208 ——— The licensee shall take all necessary measures to ensure that the antenna does not create potential exposure of humans to radiofrequency radiation in excess of the FCC exposure limits defined in 47 CFR 1.1307(b) and 1.1310 wherever such exposures might occur. Measures must be taken to ensure compliance with limits for both occupational/controlled exposure and for general population/uncontrolled exposure, as defined in these rule sections. Compliance can be accomplished in most cases by appropriate restrictions such as fencing. Requirements for restrictions can be determined by predictions based on calculations, modeling or by field measurements. The FCC‘s OET Bulletin 65 (available on—line at www.fce.gov/oet/rfsafety) provides information on predicting exposure levels and on methods for ensuring compliance, including the use of warning and alerting signs and protective equipment for workers. 5216 ——— All operations shall be on a non—common carrier basis. ( page 4 of 5 ) FCC Form 488

UNITED STATES OF AMERICA FEDERAL COMMUNICATIONS COMMISSION RADIO STATION AUTHORIZATION Name: RCN LICENSE SUBSIDIARY, INC. Call Sign: E060122 Authorization Type: Modification of License File Number: SES—MOD—20080111—00038 Non Common Carrier Grant date: 02/27/2008 Expiration Date: 05/22/2021 B) This RADIO STATION AUTHORIZATION is granted subject to the additional conditions specified below: This authorization is issued on the grantee‘s representation that the statements contained in the application are true and that the undertakings described will be carried out in good faith. This authorization shall not be construed in any manner as a finding by the Commission on the question of marking or lighting of the antenna system should future conditions require. The grantee expressly agrees to install such marking or lighting as the Commission may require under the provisions of Section 303(q) of the Communications Act. 47 U.S.C. § 303(q). Neither this authorization nor the right granted by this authorization shall be assigned or otherwise transferred to any person, firm, company or corporation without the written consent of the Commission. This authorization is subject to the right of use or control by the government of the United States conferred by Section 706 of the Communications Act. 47 U.S.C. § 706. Operation of this station is governed by Part 25 of the Commission‘s Rules. 47 C.F.R. Part 25. This authorization shall not vest in the licensee any right to operate this station nor any right in the use of the designated frequencies beyond the term of this license, nor in any other manner than authorized herein. This authorization is issued on the grantee‘s representation that the station is in compliance with environmental requirements set forth in Section 1.1307 of the Commission‘s Rules. 47 C.F.R. § 1.1307. This authorization is issued on the grantee‘s representation that the station is in compliance with the Federal Aviation Administration (FAA) requirements as set forth in Section 17.4 of the Commission‘s Rules. 47 C.F.R.§ 174. The following condition applies when this authorization permits construction of or modifies the construction permit of a radio station. This authorization shall be automatically forfeited if the station is not ready for operation by the required date of completion of construction unless an application for modification of authorization to request additional time to complete construction is filed by that date, together with a showing that failure to complete construction by the required date was due to factors not under control of the grantee. Licensees are required to pay annual regulatory fees related to this authorization. The requirement to collect annual regulatory fees from regulatees is contained in Public Law 103—66, "The Omnibus Budget Reconciliation Act of 1993." These regulatory fees, which are likely to change each fiscal year, are used to offset costs associated with the Commission‘s enforcement, public service, international and policy and rulemaking activities. The Commission issues a Report and Order each year, setting the new regulatory fee rates. Receive only earth stations are exempt from payment of regulatory fees. ( page 5 of 5) FCC Form 488


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Document Modified: 2019-04-23 08:36:51
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