Attachment STA Grant

This document pretains to SES-STA-20040923-01421 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2004092301421_411513

                                                                    E990402     SESSTA-200U)923-01421       IB2004001956
                                                                    Globecomm Systems, Inc.




                                                                                                                            Approved by OMB
                                                                                                                                   3060-0678
-
                                           APPLICATION FOR EARTH STATION SPECIAL TEMPORARY AUTHORITY
-         I                                                                                                                                    I




    __-   APPLICANT INFORMATIONEnter a description of this application to identifl it on the main menu:
           10/2004 Extension of E990402 STA
                  .Applicant
                          Name:        Globecomm Systems, h e .   Phone Number:                     516-231-9800~1191
                          DBA Name:                               Fax Number:                       63 1-457-1279
                          Street:      45 Oser Avenue             E-Mail:                           GJohnstonSr@,globecommsystems
                                                                                                    .c


                          City:        Hauppauge                  State:                            NY
                          Country:     USA                        Zipcode:                          I1788           -3816
                          Attention:   Gerald Johnston, Sr.




              1


    !. Contact

                 Name:        Michelle A. McClure              Phone Number:                    202-728-0400
                 Company:     Irwin. Campbell & Tannenwald, P. Fax Number:                      202- 728-0354
                              C.
                 Street:      1730 Rhode Island Ave., N.W.     E-Mail:                          mmcclure@ictpc.com
                              Suite 200
                 City:        Washington                       State:                            DC
                 Country:     USA                              Zipcode:                          20036     -3101
                 Contact                                       Relationship:                     Legal Counsel
                 Title:


    3. Reference File Number SESMOD2000042000658
     4a. Is a fee submitted with this application?
    @ If Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114).

    Q   Governmental Entity      0 Noncommercial educational licensee
    Q   Other(p1ease explain):

    4b. Fee Classification CGX - Fixed Satellite Transmit/Receive Earth Station
    5. Type Request

    @   Use Prior to Grant                          0 Change Station Location                   0 Other

    6. Requested Use Prior Date
          1O/ 10/2004
    7. CityHauppauge                                                      8. Latitude
                                                                          (ddmm ss.s h) 40 48 54.1 N


2


).   State NY
                                                                             I10. Longitude
                                                                              (ddmmss.s h)       73    14 17.8 W
1 1. Please supply any need attachments.
Attachment 1: Public Interest                        Attachment 2:                                       Attachment 3 :


12- Description.      (ifthe complete description does not appear in this box, please go to the end of the form to view it in its entirety.)
                                                                                                                                                  1

        See   Attachment 1



                                                                                                                                                      -   --
                                                                                                                                                          ~    -_I_-




    13. By checkingk'es, the undersigned certifies that neither applicant nor any other party to the application is         @   Yes        0 No
    subject to a denial of Federal benefits ihat includes FCC benefits pursuant to Section 5301 ofthe 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 8cquot;party to the application" for these purposes.

                                                                                                                                                          -
14. Name of Person Signing                                                       15. Title of Person Signing
  Kenneth Miller                                                                   President




3


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__l                        -   &member -Yon are not required ro respond to a collection of information sponsored by the Federal government, and the government may not
         .    --     -         conduct or sponsor this callection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This
                               collection has been assigned an OMB control number of 3060-0678.

__                __ - -       THEFOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTlON ACT OF 1995, PUBLIC LAW 104-13, OCTOBER
                               1,1995,44 U.S.C. SECTION 3507.




                               4


GLOBECOMM SYSTEMS, INC.
Station E990402
Extension of Special Temporary Authority to Communicate with Hispasat C- 1 Satellite

                                  NARRATIVE STATEMENT

         Globecomm Systems, Inc. (AGSIt?), licensee of earth station E990402, located in
Hauppauge, New York, hereby requests an extension of the Special Temporary Authority
(ASTA@)initially granted to GSI on June 12, 2001 in connection with the above-referenced earth
station. The STA gives GSI authority to operate E990402 in communication with the Hispasat C-1
satellite (Hispasate) for the purpose of developing and providing Internet-via-satellite technology to
users in various Central and South American destinations, as well as Puerto R c o . Such users
would otherwise have no such Internet access. Lifeline voice services for Americans in these
countries is also provided.

       On April 26, 2000, GSI filed an application with the Commission requesting authority to
permanently modify Station E990402 to establish communications to these countries via Hispasat.
See FCC File No. SES-MOD-20000-00658. Because the application specified operation in the
13.75 - 14.00 GHZ frequency, the FCC sent the application to the NTIA for its review.

       The STA, as granted, varied from the technical specifications set forth in the above-
referenced modification request in that it specified a maximum EIRP of 64 dBW, below the
Commission=sminimum 68 dBW emission measurements. See 47 C.F.R. ' ' 25.204(f); 2.106
nS5.502. The Commission granted a waiver of these rules in granting the underlying STA request,
and in an email dated May 24, 2002, sent to Sylvia Lam of the FCC, the NTIA indicated its
acceptance of the E990402 operations below 68 dBW EIRP, as requested.

        On June 28, 2002, after pending for over two years, the FCC dismissed the above-
referenced modification application (specifying an EIRP of 72 dBW), based on a preliminary
finding from the NTIA that the proposed E990402 operations failed to provide an adequate power
flux density level to protect radiolocation receivers. The NTIA noted that this requirement was
imposed as a result of increased homeland security concerns following the events of September 11.
GSI undertook a detailed analysis of the power density flux requirements, and found that, based on
its own engineering studies, the above-referenced application did, in fact, comply with the
radiolocation protection requirements. As a result, GSI filed a petition for reconsideration of this
dismissal on July 24, 2002, which remains pending.


        As stated, GSI has been operating E990402 pursuant to an STA for over two years, and
although it has been made clear to the end-users that the authority is by its very nature temporav,
the length of time that the STA has been in effect has resulted in reliance by many end-users that
service will not be interrupted. The E990402 operation has allowed GSI to use its technology to
ensure that Internet services are available to provide lifeline information to American travelers and
others in the above-referenced countries, where effective alternatives are currently unavailable. The
public interest being served by this E990402 operations, cannot be stronger B it is allowing for
telecommunications to be used jn an area of the world where service would be otherwise
unavailable.

        In addition to the lifeline capabilities provided by the ongoing service, Internet access is one
of the most effective ways to open societies to new ideas, democratic thinking, and provide essential
information, making it easier for users to take advantage of the emerging opportunities presented by
the Internet via satellite for educational and other purposes. Therefore, public rationale dictates that
the STA be continued while the petition for reconsideration of the E990402 modification remains
pending. Because the petition remains pending, the FCC staff has advised GSI to delay filing for
authority to modify the E990402 authorization specifying the below 68 dBw EIRP operations.

       The filing fee payment authorized in the amount of one-hundred and fifty-five dollars
($155.00) will be submitted in connection with this extension request in accordance with the
Commission's Rules.

       By my signature below, I certify that no officer, director or shareholder of Globecomm
Systems, Inc. is subject to denial of Federal benefits pursuant to Section 5301 of the Anti-Drug
abuse Act of 1988, 21 USC '862a.

                                                       Respectfully submitted,
                                                       GLOBECOMM SYSTEMS, INC
                                                       /s/ Kenneth Miller, President



Document Created: 2004-12-28 10:59:29
Document Modified: 2004-12-28 10:59:29

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