Attachment STA grant

This document pretains to SES-STA-20090515-00593 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2009051500593_714272

E070085 SES—STA—20090515—00593 1B2009001301 KVH Industries, 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: E070085 — AMC—6 STA ESV 1. Applicant Name: KVH Industries, Inc. Phone Number: 401—845—8148 DBA Name: Fax Number: 401—845—8116 Street: 50 Enterprise Center E—Mail: ffeingold@kvh.com City: Middletown State: RI Country: USA Zipcode: 02842 — Attention: Ms Felise Feingold Fie#SE—[A2003408515—00597 Call Sigqézj Z&’g)g‘2’Grant Date (/‘2 5/'/6) (_/' (or other identifier) n Term Dates i From S/QC/\/["? To: fl/) O 9 m au :'\ppmvcd:flfl?’hém /(Z ,j/fi/fia’g;qi(' & 7 "4 L/ ~ ~ {/

2. Contact Name: Carlos M. Nalda Phone Number: 202—626—6659 Company: Squire, Sanders & Dempsey Fax Number: _ 202—626—6780 Street: 1201 Pennsylvania Ave., NW E—Mail: cnalda@ssd.com City: Washington State: DC Country: USA Zipcode: 20004 — 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 SESLIC2007050400563 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). «4y Governmental Entity g4 Noncommercial educational licensee g4 Other(please explain): 4b. Fee Classification CGB — Mobile Satellite Earth Stations 5. Type Request gy Use Prior to Grant £34 Change Station Location «34 Other 6. Requested Use Prior Date 05/22/2009 7. City 8. Latitude (dd mm ss.s h) 0 0 0.0

9. State 10. Longitude (dd mm ss.s h) 0 0 0.0 11. Please supply any need attachments. Attachment 1: STA 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.) KVH Industries, Inc. requests an STA to operate a network of up to 300 ESVs via the AMC—6 satellite at 72W. 13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is Yes «y 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 Felise Feingold Vice President and General Counsel WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.$. 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 PRA@fce.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 PAPERWOREK REDUCTION ACT OF 1995, PUBLIC LAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

SQUIRE, SAnDERS & DemPsEy¥y L.L.P. Suite 500 Sw IRE LEGAL 1201 Pennsylvania Avenue, N.W. COUnSEL Washington, DC 20004 SANDERS wompwine Fax: +1.202.626.6780 Direct Dial: +1.202.626.6659 cnalda@ssd.com May 15, 2009 Kathyrn Medley, Chief Engineering Branch Satellite Division International Bureau Federal Communications Commission 445 12th Street S.W. Washington, DC 20554 Re: KVH Industries, Inc. Request for Special Temporary Authority To Operate ESV Network Call Sign E070085 Pending Action on Amended ESV Application Dear Ms. Medley: KVH Industries, Inc. ("KVH"), pursuant to Section 25.120(b)(3) of the Commission‘s Rules, 47 C.F.R. § 25.120(b)(3), hereby requests Special Temporary Authority ("STA") to operate a network of up to 300 earth stations onboard vessels ("ESVs") via the AMC—6 satellite at 72° W.L. and gateway earth station in Carlsbad, California (Call Sign EO30131), licensed to ViaSat, Inc. STA is sought for a period of 60 days, commencing at the earliest practicable time, pending action on the concutrently filed amendment in application proceeding File No. SES—LIC—20070504—00563 to substitute KVH as the applicant and make other minor adjustments to the ESV application.‘ The Commission has already granted a number of STAs to SES Americom, Inc. ("SES Americom") to operate this particular ESV network (Call Sign EQO70085), pending grant of the underlying application for a regular ESV license. See File Nos. SES—STA—20070329—00421, SES—STA—20070529—00728, SES—STA— 20070720—00973, SES—STA—20080110—00035, SES—STA—20080801—01010, SES—STA—20080916—01214, SES—STA—20090219—00196 (extension pending). Grant of this STA request would allow KVH to step into the shoes of SES Americom and assume operational responsibility for the network as part of a proposed transaction between the two companies, and grant of the associated ESV application (as amended) would afford KVH long—term operating authority.2 ‘ The information in the underlying ESV application proceeding is hereby incorporated by reference. The proposed transaction also contemplates that KVH will assume operational responsibility for ESV network Call Sign E060335 currently being operated by SES Americom under STA. KVH has filed a CNCINNATT * CLEVELAND «COLUMBUS » HOUSTON « Los ANGELES « MiaMt « NEW YORK + PALO ALTO * PHOENIX * SAN FRANCISCO * TALLAHASSEE ® TAMPA TYSONS CORNER « WasHmiGTON DC « West PaLm BEACH | BOGOTA* + BUENOS AIRES® «+ CARACAS « LA PAZ" « Lima" « PAnaAMA®* + RIO DE JaNEIRO » SANTIAGO® SanTO DOMNGO + SA0 PAULO | BRATISLAVA * BRUSSELS « BUCHAREST* « BUDAPEST + DUBLIN® * FRANKEURT « KYIV « LONBON « Moscow « PRAGUE » WaRSAW BEJING « HONG KONG * SHANGHAT * TOKYO * INDEPENDENT NETWORK FIRM wiw.ksd.com

Kathym Medley SQUIRE, SANDERS & DEMPSEY L.L.P. Page 2 KVH s operation of the ESV network under the requested STA will be consistent with the technical parameters in the underlying ESV application, as amended, except that the new remote control point for the network will be at a network control facility located in Carlsbad, CA, that is operated subject to KVH‘s ultimate direction and control. In addition, all operations will be on the same terms and conditions as previous STAs granted to SES Americom to operate the same network, including operating consistent with the conditions set forth in the Engineering Certification for the AMC—6 satellite submitted with the underlying license application on October 8, 2006. More specifically, operations will be on an unprotected, non—harmful interference basis, and will be without prejudice to the Commission‘s consideration of the underlying ESV application (as amended). Grant of the requested STA will serve the public interest by ensuring continuity of service to existing ESV customers on the E070085 network, including U.S. government users. It will also ensure that affordable and reliable broadband communications will continue to be made available to a wide range of maritime customers, including federal, state and local government agencies, businesses and individuals. The Commission has previously found that grant of STAs to provide such services to be in the public interest, and it should reach the same conclusion with respect to KVH‘s request for an STA to provide the same services using the same network. KVH is fully qualified to hold an STA to operate this ESV network and the Commission has recently granted KVH a 60—day STA to provide the same services using a very similar ESV network in the Pacific Ocean region (Call Sign EO90001). See File Nos. SES—STA— 20081105—01449 and SES—STA—20090226—00221. For all of these reasons, KVH respectfully requests the expeditious grant of this STA request. In the meantime, please feel free to contact me with any questions you may have or if KVH can provide any additional information to facilitate action on its STA request. Respectfully submitted, SQUIRE, SANDERS & DEMPSEY L.L.P. Carlos M. Nalda Counsel to KVH Industries, Inc. separate STA request, and SES Americom and KVH have filed an application amendment, for this purpose.


Document Created: 2019-04-23 22:19:43
Document Modified: 2019-04-23 22:19:43
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