Attachment CondlSTAGrant

This document pretains to SES-STA-20061221-02209 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2006122102209_585802

E020074 SES—STA—20061221—02209 182006003404 Satamatics, Inc. Approved by OMB 3060—0678 APPLICATION FOR EARTH STATION SPECIAL TEMPORARY AUTHORITY APPLICANT INFORMATIONEnter a description of this application to identify it on the main menu: STA to Allow Satamatics to Continue to Provide Inmarsat D+ Service With Its New Corporate Ownership Structure and While Its Transfer of Control Application is Pending 1. Applicant Name: Satamatics, Inc. Phone Number: 301—560—4716 DBA Name: Fax Number: 360—246—7263 Street: P.O. Box 393 E—Mail: brian@satamatics.com City: Buckeystown State: MD Country: USA Zipcode: 21717 — Attention: Mr Brian Hester mes 3ES—STA— 2006b 1‘2;’&_»%«@ 27204 (%:;fi iA Q}g%‘%‘ mwi\”:‘»

Satamatics, Inc. Call Sign E020074 IBFS File No. SES-STA-20061221-02209 The request of Satamatics, Inc. (Satamatics) for special temporary authority (STA) IS GRANTED. Accordingly, Satamatics is authorized from August 16, 2007 to October 15, 2007 to continue operations on the Inmarsat 4F2 satellite using mobile earth terminals (METs) previously authorized under call sign E020074 to communicate with the Inmarsat 3F4 satellite in accordance with the terms, conditions, and technical specifications set forth in the Commission’s rules and this document. 1. Authority granted in this STA is without prejudice to possible enforcement action in connection with any prior unauthorized transfer of control of Satamatics’s licenses and authorizations. 2. Satamatics shall comply with the terms and conditions set forth in the STA granted on January 18, 2006, in IBFS File Number SES-STA-20051223-01790. 3. Satamatics is afforded thirty days from the date of release of this action to decline this special temporary authorization as conditioned. Failure to respond within this period will constitute formal acceptance of the special temporary authorization as conditioned. 1

2. Contact Name: Alfred M. Mamlet Phone Number: 202−429−6205 Company: Steptoe & Johnson LLP Fax Number: 202−429−3902 Street: 1330 Connecticut Ave., NW E−Mail: amamlet@steptoe.com City: Washington State: DC Country: USA Zipcode: 20036 −1795 Attention: Relationship: Legal Counsel (If your application is related to an application filed with the Commission, enter either the file number or the IB Submission ID of the related application. Please enter only one.) 3. Reference File Number or Submission ID 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). Governmental Entity Noncommercial educational licensee Other(please explain): 4b. Fee Classification CGB − Mobile Satellite Earth Stations 5. Type Request Use Prior to Grant Change Station Location Other 6. Requested Use Prior Date 7. City 8. Latitude (dd mm ss.s h) 0 0 0.0 2

9. State 10. Longitude (dd mm ss.s h) 0 0 0.0 11. Please supply any need attachments. Attachment 1: Attachment A Attachment 2: Cert. of Service Attachment 3: 12. Description. (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) By this application, Satamatics requests authority to continue to provide essential Inmarsat D+ service using the Inmarsat 4F2 satellite, with its new ownership structure and while its pro forma transfer of control application and underlying modification application to add the Inmarsat 4F2 satellite as a point of communication are pending 13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is Yes No subject to a denial 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. 14. Name of Person Signing 15. Title of Person Signing Brian Hester President and COO WILLFUL 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). 3

FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. If you have any comments on this burden estimate, or how we can improve the collection and reduce the burden it causes you, please write to the Federal Communications Commission, AMD−PERM, Paperwork Reduction Project (3060−0678), Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects of this collection via the Internet if you send them to jboley@fcc.gov. PLEASE DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember − You are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, 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. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104−13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507. 4

12. Description By this application, Satamatics requests authority to continue to provide essential Inmarsat D+ service using the Inmarsat 4F2 satellite, with its new ownership structure and while its pro forma transfer of control application and underlying modification application to add the Inmarsat 4F2 satellite as a point of communication are pending before the Commission. 5

Satamatics, Inc. STA Request Attachment A DESCRIPTION OF STA REQUEST By this application, Satamatics, Inc. (“Satamatics”) requests grant of special temporary authority ("STA") for sixty (60) days to allow Satamatics to maintain existing services to its currently licensed Inmarsat D+ terminals (call-sign E020074) using the fourth-generation Inmarsat satellite located at 52.75º W.L. ("Inmarsat 4F2"). Satamatics is currently providing Inmarsat D+ service using the Inmarsat 4F2 satellite pursuant to an STA. On January 18, 2006, the Bureau granted Satamatics a 60 day STA to provide existing Inmarsat services using the Inmarsat 4F2 satellite (File No. SES-STA-20051223-01790). On March 7, 2006, May 11, 2006, July 10, 2006, September 12, 2006 and again on November 9, 2006, Satamatics filed requests for renewal of this STA for sixty days (File Nos. SES-STA-20060307-00373, SES-STA-20060511- 00795, SES-STA-20060710-01130, SES-STA-20060912-01709, and SES-STA-20061109- 01980). On October 12, 2006, control of the licensee, Satamatics, was transferred from Satamatics Worldwide Limited (“SWL”) to Satamatics Global Limited (“SGL”). SGL was created in anticipation of an initial public offering in the UK, and it was created by providing the then existing shareholders of SWL with a one for one exchange of shares in SGL, while at the same time offering those shareholders an opportunity to purchase additional shares in SGL. Because of the nature of the corporate restructuring and the fact that the transfer of control from SWL to SGL involved each of the same shareholders of SWL, the transaction was pro forma in nature.1 The ownership structure of SGL is described in the amendment to its underlying modification application to add the Inmarsat 4F2 satellite as a point of communication to its authorization for E020074 and its application seeking authorization for the pro forma transfer of control of Satamatics, both filed concurrently with this application and incorporated by reference. Satamatics recognizes that this application was not timely filed with the Commission. The late submission of this application was not done in an effort to mislead or deceive the Commission. Instead, the pro forma and routine nature of the corporate restructuring described in this application was such that SGL and Satamatics did not recognize that FCC approval was required. After discussions with counsel of Satamatics and SGL, and counsel’s discussions with FCC staff, this application (as well as other related submissions) was filed promptly with the Commission. Satamatics also acknowledges that the grant of this STA request will not prejudice any action the Commission may take on the underlying application seeking Commission 1 Note 2 to Section 63.24(d) of the Commission’s rules, 47 C.F.R. § 63.24(d), identifies a “[c]orporate reorganization that involves no substantial change in the beneficial ownership of the corporation” as a transaction that is presumptively pro forma.

approval of the pro forma transfer of control of Satamatics or the underlying modification application (File No. SES-MFS-20051202-01665) to modify call-sign E020074 to add Inmarsat 4F2 as an authorized point of communication. Satamatics further acknowledges that this STA can be revoked by the Commission upon its own motion without a hearing. Grant of this STA would serve the public interest. As discussed in its underlying modification application to add Inmarsat 4F2 as a point of communication on Satamatics’ license (File No. SES-MFS-20051202-01665) and the original request for STA to provide Inmarsat D+ service using Inmarsat 4F2 (File No. SES-STA-20051223-01790 ) (both incorporated herein by reference), Satamatics has been providing essential service for more than two years to the U.S. Coast Guard and the U.S. Navy, and important private sector customers. Grant of this STA request will ensure that these end-users do not experience any disruption to the Inmarsat services they currently use and rely on. Disruption of the Satamatics service would hinder U.S. Coast Guard and U.S. Navy homeland security efforts, including surveillance and warnings for potential terrorist hijackings of marine vessels. In addition, an interruption of service would compromise the ability of Satamatics’ private sector clients to track their assets and to monitor sensitive energy facilities, including natural gas well heads, pipelines, shipping containers and service vehicles. Therefore, Satamatics respectfully requests that the Commission grant this STA to allow it continue to provide essential Inmarsat D+ service using the Inmarsat 4F2 satellite, with its new corporate structure and while SGL’s pro forma transfer of control application to authorize its control over Satamatics and its underlying modification application are pending before the Commission. -2-

CERTIFICATE OF SERVICE I, Brendan Kasper, an attorney with the law firm of Steptoe & Johnson LLP, hereby certify that on this 21st day of December, 2006, served a true copy of the foregoing "STA Request," by first class mail, postage pre—paid (or as otherwise indicated) upon the following: Roderick Porter* Gardner Foster® International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12"" Street, S.W. 445 12" Street, S.W. Washington, DC 20554 Washington, DC 20554 Robert Nelson* Andrea Kelly* International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12"" Street, S.W. 445 12"" Street, S.W. Washington, DC 20554 Washington, DC 20554 Cassandra Thomas* Scott Kotler® International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12"" Street, SW. 445 12Street, S.W. Washington, DC 20554 Washington, DC 20554 Howard Griboff* Karl Kensinger® International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12"" Street, S.W. 445 12Street, S.W. Washington, DC 20554 Washington, DC 20554 Fem Jarmulnek* John Martin® International Bureau. International Bureau Federal Communications Commission Federal Communications Commission 445 12¢" Street, SW 445 12" Street, S.W. Washington, DC 20554 Washington, DC 20554 Stephen Duall* Jennifer A. Manner International Bureau Vice President, Regulatory Affairs Federal Communications Commission Mobile Satellite Ventures Subsidiary LLC 445 12"" Street, S.W. 1002 Park Ridge Boulevard Washington, DC 20554 Reston, Virginia 20191

James Ball* Bruce D. Jacobs International Bureau David S. Konczal Federal Communications Commission Pillsbury Winthrop Shaw Pittman LLP 445 12" Street, S.W. 2300 N Street, NW. Washington, DC 20554 Washington, DC 20037—1128 John P. Janka Diane J. Comnell Jeffrey A. Marks Vice President, Government Affairs Latham & Watkins LLP Inmarsat, Inc. 555 Eleventh Street, N.W., Suite 1000 1100 Wilson Blyvd, Suite 1425 Washington, D.C. 20004 Arlington, VA 22209 BemdeerN * By electronic mail


Document Created: 2007-08-16 15:02:48
Document Modified: 2007-08-16 15:02:48
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