Attachment Grant

Grant

DECISION submitted by FCC

Grant

2009-10-05

This document pretains to SES-STA-20090916-01185 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2009091601185_747612

¢ 1B200900425¢ E070085 SES—STA—20090916—01 185 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—845—8116 Street: 50 Enterprise Center E—Mail: ffeingold@kvh.com City: Middletown State: RJ Country: USA Zipcode: 02842 =— Attention: Ms Felise Feingold Call §Y£V]§g25 E/Grant Date (OZ $ /K) 2 (or other identifier) Term Dates From? ;/0 To:// / Approved: J 2

2. Contact Name: Carlos Nalda Phone Number: 202—626—6659 Company: Squire, Sanders & Dempsey LL.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 Comumission, 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? i# IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). G Governmental Entity gy Noncommercial educational licensee 4 Other(please explain): 4b. Fee Classification CGB — Mobile Satellite Earth Stations 5. Type Request @ Use Prior to Grant {34 Change Station Location e Other 6. Requested Use Prior Date 09/21/2009 7. City 8. Latitude (dd mm ss.s h) 0O 0O 0.0

9. State 10. Longitude (dd mm ss.sh) 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 Call Sign EO70085 to operate a network of up to 300 ESVs via the AMC—15 satellite. 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.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 sponsorthis collection, unless it displays a currently valid OMB control numberor 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 LaAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

SQUIRE, SANDERS & DEMPSEY L.L.P. Suite 500 1201 Pennsylvania Avenue, N.W. Washington, DC 20004—2401 pime) »brvsoneredoot SQU IRE hEDAL SANDERS wompwipe COUNSEL 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 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 September 21, 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 license 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. In addition, the Commission has 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. See File Nos. SES—STA—20090515—00593 (AMC—6) and SES—STA—20090515—00595 (AMC— 15). On July 24, 2009, the FCC granted a further STA to KVH to operate the ESV network via the AMC— ‘ The information in the underlying ESV application proceeding is hereby incorporated by reference.

September 16, 2009 SQUIRE, SANDERS & DEMPSEY L.L.P. Page 2 15 satellite." The current STA, File No. SES—STA—20090722—00902, is scheduled to expire on September — 21, 2009. 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 grants of STAs to KVH under Call Sign EO70085 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. > As KVH had ceased operating the network via the AMC—satellite, it did not seek a further STA to continue communicating with this satellite. Accordingly, on August 31, 2009, KVH filed a Section 1.65 (47 C.F.R. § 1.65) notification under Call Sign E070085 to remove AMC—6 as a point of communication from the underlying license application.


Document Created: 2019-05-25 17:10:46
Document Modified: 2019-05-25 17:10:46
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