Attachment Granted STA

This document pretains to SES-STA-20080124-00090 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2008012400090_621757

                                                E861095    SES—STA—20080124—00090   1B2008000170
                                                K. MART CORPORATION




                                                                                                                       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:
January 2008 Request for Special Temporary Authority
 1. Applicant

           Name:        K Mart Corporation                        Phone Number:                    248—463—5232
           DBA Name:                                              Fax Number:                      248—637—6611
           Street:      3000 W. 14 Mile Road                      E—Mail:                          lIhypio@kmart.com


           City:        Royal Oak                                 State:                           MI
           Country:     USA                                       Zipcode:                         48073       —

           Attention:   Linda Hypio




                                 International Bureau
                                    nmomumes.


2. Contact


              Name:         Chester Dubicki Jr.                 Phone Number:                         847—286—9634
              Company:      Sears Holdings Corporation          Fax Number:

              Street:       B2—310B—A                           E—Mail:                               edubick@searshc.com
                            3333 Beverly Road
              City:         Hoffman Estates                     State:      .                          IL
              Country:      USA                                 Zipcode:                              60179        —

              Attention:                                        Relationship:                          Other


(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 SESMOD2008012300087             or Submission ID

 4a. Is a fee submitted with this application?
@ IfYes, complete and attach FCC Form 159.         If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114).
C3 Governmental Entity        C Noncormmercial educational licensee
«y Other(please explain):

4b. Fee Classification     CGV — Fixed Satellite VSAT System
5. Type Request

g&y Use Prior to Grant                            «y Change Station Location                          ) Other


6. Requested Use Prior Date
      02/14/2008
7. CityTroy                                                                8. Latitude
                                                                           (dd mm ss.s h)   42   33    52.0    N


9. State   MI                                                               10. Longitude
                                                                            (dd mm ss.s h)    83   11     32.0   W
11. Please supply any need attachments.
Attachment 1: Narrative                           Attachment 2:                                         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.)
    See Narrative.




13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is           @ Yes          4 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
  Chester Dubicki Jr.                                                         Director, Information Technology

           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).


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@fec.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.


                                                                      K Mart Corporation
                                                                     FCC Form 312 — STA
                                                                        Narrative Exhibit
                                                                            January 2008

               REQUEST FOR SPECIAL TEMPORARY AUTHORITY

         K Mart Corporation ("K Mart") hereby requests Special Temporary Authority
(STA) beginning on February 14, 2008, and continuing for 60 days thereafter (to April
14, 2008) to operate up to 1,000 1.2 meter Andrew Model 123 remote terminals through
K Mart‘s hub antenna (Call Sign E861095). The antennas in question are currently
authorized to be operated pursuant to an STA held by HNS License Sub, LLC
("Hughes") under Call Sign E000166 (see File No. SES—STA—20080107—00017). The
operation of the terminals under Hughes‘s license was a temporary arrangement made for
terminals operated as part of the VSAT network of the Sears retail chain following the
acquisition of Sears by the K Mart Corporation. It had been K Mart‘s intention to modify
the license for Call Sign E861095 to include the subject terminals.

         The application for authority to modify K Mart‘s license for Call Sign E861095 to
include 1,000 1.2 meter Andrew Model 123 remote antennas was filed on January 23,
2008. The 1,000 antennas that are the subject of this authorization are the terminals that
will need to be operated pending action on the modification of license application for the
VSAT network. The antennas are identical to the ones now operated by Hughes under
the referenced STA for Call Sign E0O0O0166. The technical information for these terminals
is identical to the information submitted in the Modification of License application for
Call Sign E861095 in File No. SES—MOD—20080123—00087. K Mart hereby incorporates
by reference the technical information provided in Schedule B and the exhibits to this
application.

        K Mart does not request ALSAT authority for the Andrew Model 123 antennas
that will be operated through the K Mart VSAT network. The terminals requested under
this STA will be operated exclusively with the Intelsat Galaxy 10R satellite at 123° W.L.
Andrew Corporation has informed K Mart that its Model 123 antenna may not be fully
compliant with Section 25.209(a) of the Commission‘s Rules. Out of an abundance of
caution, K Mart has coordinated its temporary operation of the subject Andrew 1.2 meter
terminals with the operators of all Ku—band satellites within six degrees of 123° W.L. It
has received assent to the operation of the subject terminals from EchoStar Corporation
and Telesat Canada, which operate the only two potentially affected spacecraft other than
those operated by Intelsat. The coordination agreements are included as Attachment 1 to
Exhibit A of the January 2008 Modification Application now pending for Call Sign
£E861095.

       The requested Special Temporary Authority will serve the public interest by
ensuring that K Mart outlets customer will continue to have access to the VSAT network
services that are vital to the operation of its retail business during the consolidation phase



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of its parent company‘s communications facilities following the merger of Sears and K
Mart.

      K Mart is submitting this request pursuant to Section 25.120(b)(3) of the
Commission‘s rules, 47 C.F.R. § 25.120(b)(3), and is doing so more than three business
days in advance of the requested commencement date.

       For all of the foregoing reasons, K Mart respectfully requests that the
Commission grant this request for Special Temporary Authority to include 1,000 of the
described 1.2 meter diameter Andrew antennas as part of its network for operation with
the Galaxy 10R satellite at 123° W.L. for a period of 60 days, commencing February 14,
2008, pending Commission action on the underlying modification application for Call
Sign E861095 in File No. SES—MOD—20080123—00087.




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Document Created: 2019-05-09 23:17:04
Document Modified: 2019-05-09 23:17:04

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