Attachment Grant

Grant

DECISION submitted by FCC

Grant

2009-10-05

This document pretains to SES-STA-20090916-01184 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2009091601184_747613

E060335 SES—STA—20090916—01184 1B200900425; 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 ric 1GCES—S7R2N WIG —OLC¢f Call Sigre(@QA3§,Grant Date /0[5L5 (or other identifier) Term Dates / 2. Lulglo3 4es

2. Contact Name: Carlos 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: Mr. Carlos Nalda 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? G IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.E.R.Section 1.1114). C Governmental Entity g% Noncommercial educational licensee (ed Other(please explain): 4b. Fee Classification CGB — Mobile Satellite Earth Stations 5. Type Request & Use Prior to Grant {34 Change Station Location g34 Other 6. Requested Use Prior Date 09/21/2009 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 a further STA under the Call Sign E060335 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 «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.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 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 ty 1201 Pennsylvania Avenue, N.W. SQUIRE ue COUNSEL SANDEI{S wWORLDWIDE Office: +1.202.626.6600 Fax: +1.202.626.6780 Direct Dial: +1.202.626.6659 cnalda@ssd.com September 16, 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 EQ40267), licensed to NewCom International, Inc. A further STA is sought for a period of 60 days, commencing September 21, 2009, pending action on the previously filed further amendment in the 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—01357. Further, the Commission has granted a series of STAs to KVH to operate the ESV network pending grant of the pending underlying license application. See File Nos. SES— STA—2009—515—00594 and, most recently, SES—STA—20090722—00899, the latter granted on July 24, 2009 and scheduled to expire on September 21, 2009. ‘ The information in the underlying ESV application proceeding is hereby incorporated by reference.

September 16, 2009 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. 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 further amended). Grant of the requested STA will serve the public interest by ensuring continuity of service to existing ESV customers on the EO60335 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 grants to KVH of STAs 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. /s/ Carlos M. Nalda Carlos M. Nalda Counsel to KVH Industries, Inc.


Document Created: 2019-04-21 20:35:57
Document Modified: 2019-04-21 20:35:57
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