Attachment Extension grant

Extension grant

DECISION submitted by FCC

Extension grant

2009-07-24

This document pretains to SES-STA-20090722-00902 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2009072200902_725826

                                     E070085      SES—STA—20090722—00902        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:
E070085 —— AMC—15 —— STA ESV
 1. Applicant

           Name:        KVH Industries, Inc.               Phone Number:                       401—845—8148

           DBA Name:                                       Fax Number:                         401—8§45—8116

           Street:      50 Enterprise Center               E—Mail:                             ffeingold@kvh.com


           City:        Middletown                         State:                              RI
           Country:     USA                                Zipcode:                            02842        >
           Attention:   Ms Felise Feingold




                                               prmsmuisermesmmmem Hise o SGRBL . Auoo odeapleiat2s
                                               |           >                                            a       O
                                               |           Z          Call Sign 607 008SGrant Date 2/2 4101
                                                                       (or other identifier)


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


             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).
C Governmental Entity         g"% Noncommercial educational licensee
g34 Other(please explain):

4b. Fee Classification    CGB — Mobile Satellite Earth Stations

5. Type Request

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



6. Requested Use Prior Date
      07/27/2009
7. City                                                                   8. Latitude
                                                                          (dd mm ss.s h)    0   0   0.0


9. State                                                                    10. Longitude
                                                                            (dd mm ss.s h)    O   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—15
     satellite at       105 W.L.




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.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION
                   (U.$. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.$. Code, Title 47, Section 503).


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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
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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.


                                                                          SQUIRE, SANDERS & DEMPSEY L.L.P.
                                                                          Suite 500
                     LEGAL                                                1201 Pennsylvania Avenue, N.W.
      w [RE                                                               Washington, DC 20004—2401
 SANDEIG             ces                                                  Offi106;       1.202.626.6600
                                                                                        #1.   .   3
                     wORLDWIBE                                            Fax:          +1.202.626.6780

                                                                                     Direct Dial: +1.202.626.6659
                                                                                                  ecnalda@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 070085 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—15 satellite at 105° W.L. and a gateway earth
station in Carlsbad, CA (Call Sign EO30131), licensed to ViaSat, Inc. A further STA is sought for a
period of 60 days, commencing July 27, 2009, pending action on the previously filed amendment in
license application proceeding File Nos. SES—LIC—20070504—00563 and SES—AMD—20090515—00596 to
substitute KVH as the applicant, add the AMC—15 satellite as a 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 070085) communicating with the AMC—6 satellite at 72°
W.L. and the AMC—15 satellite, pending grant of an 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, and SES—STA—
20090219—00196. Most recently, the Commission granted two STAs to KVH to operate the ESV network
via the AMC—6 and AMC—15 satellites pending grant of the pending underlying license application.
These STAs, SES—STA—20090515—00593 (AMC—6) and SES—STA—20090515—00595 (AMC—15), expire on




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


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




July 27, 2009. Because KVH has already transitioned to the AMC—15 satellite and no longer is operating
the network via the AMC—6 satellite, a further STA is sought only for the AMC—15 satellite."

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. In addition, all operations will be on the same
terms and 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 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, which have already been
transitioned from the AMC—6 satellite to the AMC—15 satellite. 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 existing STAs under Call Sign E070085
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.

                                                     /s/ Carlos M. Nalda

                                                     Carlos M. Nalda
                                                     Counsel to KVH Industries, Inc.




> KVH will update the record of the underlying application proceeding to reflect that it no longer seeks to
communicate with the AMC—6 satellite.



Document Created: 2019-04-25 02:13:41
Document Modified: 2019-04-25 02:13:41

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