Attachment Extension grant

Extension grant

DECISION submitted by FCC

Extension grant

2009-07-24

This document pretains to SES-STA-20090722-00899 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2009072200899_725835

                                                      SES—STA—20090722—00899        1B200900199¢
                                         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:
E060335 — AMC—21 — 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:                                 RJ
           Country:     USA                                 Zipcode:                               02842      —=
           Attention:   Ms Felise Feingold




                                                                       File # SES»S?M»%‘S'
                                                                                           O?X             P O(Jg%
                                                                       oisinteRt)Compara
                                                                       {or other identifier)
                                                                                          Term Datm

                                                                                                   To: i‘m


2. Contact


             Name:          Carlos M. Nalda                       Phone Number:                       202—626—6659
             Company:       Squire, Sanders & Dempsey L.L.P. Fax Number:                              202—626—6780
             Street:        1201 Pennsylvania Avenue, NW       E—Mail:                                cnalda@ssd.com
                            Suite 500
             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 SESLIC2006082401502 or Submission ID
  4a. Is a fee submitted with this application?
(y IfYes, complete and attach FCC Form 159.        If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114).
«4 Governmental Entity       C Noncommercial educational licensee
«4 Other(please explain):

4b. Fee Classification    CGB — Mobile Satellite Earth Stations

5. Type Request

@ Use Prior to Grant                              «3 Change Station Location                         C Other



6. Requested Use Prior Date
      07/27/2009
7. City                                                                    8. Latitude
                                                                           (dd mm ss.s h)   0O   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 on STA to operate a network of up to 300 ESVs via the AMC—21
     satellite at 125 W.L.




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
  Felise Feingold                                                             Vice President and General Counsel
           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).


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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.


                                                                          SQUIRE, SANDERS & DEMPSEY L.L.P.
                                                                          Suite 500
                     LEGAL                                                1201 Pennsylvania Avenue, N.W.
      QUIRE                                                               Washington, DC 20004—2401
         DERS        COUNSEL                                              om            15
  SA N                                                                        ce:      +1.202.626.6600
                     wORLOwIiDE                                           Fax:         +1.202.626.6780

                                                                                    Direct Dial: +1.202.626.6659
                                                                                                 cnalda@ssd.com




July 22, 2009



Kathyrn Medley
Chief, Satellite Engineering Branch
International Bureau
Federal Communications Commission
445 12th Street S.W.
Washington, DC 20554

       Re:      KVH Industries, Inc. Request for a Further Special Temporary Authority To Operate ESV
                Network Call Sign 060335 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 a new Special Temporary Authority ("STA") to operate a network of up to
300 earth stations onboard vessels ("ESVs") via the AMC—21 satellite at 125° W.L. and a gateway earth
station in Miami, Florida (Call Sign E040267), licensed to NewCom International, Inc. A further STA is
sought for a period of 60 days, commencing July 27, 2009, pending action on the previously filed further
amendment in license application proceeding File Nos. SES—LIC—20060824—01502, SES—AFS—20061130—
02065, SES—AMD—20070723—00976, and SES—AFS—20090515—00589, to substitute KVH as the applicant,
make the AMC—21 satellite the sole point of communication, and make other minor adjustments to the
ESV application.‘

The Commission has already granted a number of STAs to SES Americom, Inc. ("SES America") to
operate this particular ESV network (Call Sign 060335), pending grant of an underlying application for a
regular ESV license. See File Nos. SES—STA—20070315—00355, SES—STA—20070529—00727, SES—STA—
20070720—00972, SES—STA—20080110—00034, SES—STA—20080801—01009, SES—STA—20080911—001193,
and SES—STA—20081022—01. Further, the Commission granted an STA to KVH to operate the ESV
network pending grant of the pending underlying license application. This STA, SES—STA—20090515—
00594, expires on July 27, 2009.

KVH‘s operation of the ESV network under the requested STA will be consistent with the technical
parameters in the underlying ESV application. In addition, all operations will be on the same terms and

‘ The information in the underlying ESV application proceeding is hereby incorporated by reference.


July 22, 2009                                                              SQUIRE, SANDERS & DEMPSEY L.L.P.
Page 2




conditions as previous STAs granted to SES Americom and KVH to operate the network. 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 further amended).

Grant of the requested STA will serve the public interest by ensuring continuity of service to existing
ESV customers on the E060335 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 instant 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, as evidenced by the Commission‘s previous grant of the current STA under Call Sign
E060335 and similar grants.

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 instant STA request.



                                                    Respectfully submitted,

                                                    SQUIRE, SANDERS & DEMPSEY L.L.P.

                                                    Is/ Carlos M. Nalda

                                                    Carlos M. Nalda
                                                    Counsel to KVH Industries, Inc.



Document Created: 2019-04-22 01:24:55
Document Modified: 2019-04-22 01:24:55

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