Attachment SESSTA2012052900490.

SESSTA2012052900490.

DECISION submitted by O3B LIMITED

STA GRANT WITH CONDITIONS

0000-00-00

This document pretains to SES-STA-20120529-00490 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2012052900490_956986

E100088 SES—STA—20120529—00490 1B2012001326 O3b Limited 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: O3b 60—Day STA Request 1. Applicant Name: O3b Limited Phone Number: +317 0711 6500 DBA Name: Fax Number: Street: Johan van Oldenbarneveltlaan 5, E—Mail: thai.rubin@o03bnetworks.com 2582 NE City: The Hague State: Country: Zipcode: — Attention: Thai Rubin w//s torA;frons goizn en File # Sgg AS?A | -QO/ZO“S'Z? m 005/90 | | | Call Sign £4000 §$Krant Date /45 [2e7 2 | wl TaZ + he | (or other identifier) | Term Dates |

O3b Limited E100088 SES—STA—20120529—00490 Special Temporary Authority O3b limited (O3b) is granted, under the following conditions, Special Temporary Authority for 60 days, from June 15, 2012 to August 14, 2012 to test its Haleiwa, HI earth station as described in its application. 1) E100088, shall not cause harmful interference to, and shall not claim protection from, interference caused to it by any other lawfully operating station and it shall cease transmission(s) immediately upon notice of such interference. 2) Grant of this authorization is without prejudice to any determination that the Commission may make regarding pending O3b application. 3) Any action taken or expense incurred as a result of operations pursuant to this special temporary authority is solely at O3b‘"s risk. 4) This action is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective immediately. 7| File # g¢25— SR — Poi2 O§Z2 9 — ©OY%PG [E( MA# )B | Call Sign E/0°08F Grant Date C {1S$ /Zt’/z— (or other identifier) d Term Dates vtEp | Fon 6e x%@

2. Contact Name: Brian D. Weimer Phone Number: (202) 469—4904 Company: Sheppard, Mullin, Richter & Fax Number: (202) 312—9446 Hampton LLP Street: 1300 I St., NW E—Mail: bweimer@sheppardmullin.com 11th Floor East City: Washington State: DC Country: USA Zipcode: 20005 — Attention: Brian Weimer Relationship: Legal Counsel (If your application is related to an application filed with the Commission, entereither the file number or the IB Submission ID of the related application. Please enter only one.) 3. Reference File Number SESLIC2010072300952 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 en Noncommercial educational licensee Cp Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request g@ Usc Prior to Grant J Change Station Location C Other 6. Requested Use Prior Date 06/11/2012

7. CityHaleiwa 8. Latitude (dd mm ss.s h) 21 40 17.8 N 9. State HI 10. Longitude (dd mm ss.s h) 158 1 54.9 W 11. Please supply any need attachments. Attachment 1: 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.) 03b Limited hereby requests Special Temporary Authority for up to 60 days beginning on June 11, 2012 to conduct on—site testing and integration of the earth station in Hawaii for which it has sought a Commission license. See FCC File No. SES—LIC—20100723—00952 . 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 Thai Rubin Executive Vice President & 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 PRAQ@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 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 L&AW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

Request for Special Temporary Authority 03b Limited ("O3b") hereby requests Special Temporary Authority ("STA") for up to 60 days beginning on June 11, 2012 to conduct on—site testing and integration of the earth station in Hawaii for which it has sought a Commission license (the "Hawaii Earth Station"). See FCC File No. SES—LIC—20100723—00952 (the "Hawaii Application"). The Commission may grant an STA for up to 60 days without placing the request on public notice as long as the applicant "plans to file a request for regular authority for the service." See 47 C.F.R. § 25.120(b)(3). O3b filed the Hawaii Application on July 23, 2010 and that application remains pending at the Commission. Thus, STA for up to 60 days without placing the request on public notice is appropriate in this circumstance. Public Interest Statement. The requested STA will serve the public interest by permitting O3b to conduct antenna pattern verification, RF chain performance verification, as well as other tests of the Hawaii Earth Station to establish performance standards and to resolve any issues in preparation for the launch of its NGSO Ka—band service in 2013.‘ O3b hereby confirms that it will operate the Hawaii Earth Station on a non—interference basis only and will cease operations immediately if alerted to any interference events. Accordingly, O3b respectfully requests that the Commission grant this STA request as expeditiously as possible, but in any event before June 11, 2012. Technical Parameters of Proposed Testing. O3b proposes to test its gateway antennas using the following range of transmit and receive frequencies. Downlink Frequency > Ka—Band Plan 17.8—18.3 GHz FS 18.3—18.6 GHz GSO FSS down 18.8—19.3 GHz NGSO FSS down Uplink Frequency Ka—Band Plan 27.6—28.35 GHz LMDS fss (secondary) 28.35—28.4 GHz GSO FSS up ngso fss up (secondary) 28.6—29.1 GHz NGSO FSS up gso fss up (secondary) 1 03b is simultaneously filing a request for STA for 180 days, which 03b understands must be placed on public notice in accordance with 47 C.F.R. § 25.120(b)(2). WO2—EAST:IBDW1\200498508.5 —1—

In addition, 03b offers the following technical information concerning its proposed operations during the STA period (which is consistent with the information set forth in the Hawaii Application where applicable): 1. Maximum Transmit EIRP: 92.17 dBW for all carriers, each antenna. 87.29 dBW for a single carrier. 2. Maximum Transmit EIRP Density: 72.13 dBW/4 kHz. 3. Avoidance of Harmful Interference into the The minimum angular separation between the Geostationary Arc During Transmission Tests: O3b orbit and the GSO orbit as seen from Hawaii will be greater than 7.1 degrees, which could only occur in the extreme case of zero elevation angle to the O3b satellite. As explained in the Hawaii Application, no interference into co—frequency geostationary satellites can be expected from O3b‘s 7.3 meter antennas even in that extreme case." Moreover, 03b test procedures specify pointing the system to 90 degrees elevation, which provides 25.4 degrees of separation from the GSO arc, further reducing the risk of any interference. 4. Avoidance of Harmful Interference into During testing, 03b will not transmit in the FS Terrestrial Stations During Transmission Tests: or LMDS bands less than 5.1 degrees above the horizon, which in a worst case scenario would yield a maximum EIRP density towards the horizon of 27.81 dBW/MAkHz.* 5. Target Satellite for Receive Tests: Receive testing of the 03b gateways will involve pointing the O3b gateway at the geostationary arc. ViaSat—1 will be the primary target for testing the gateway receivers (but other satellites may be used as needed). ViaSat also happens to be the vendor of the O3b gateway antennas. O3b claims no protection from interference during receive testing. To be See Legal Narrative to Hawaii Application, Attachment A, p. 25. See Hawaii Application, Form 312, at E.28. WO2—EAST:IBDW1\200498508.5

clear, 03b gateways will not be transmitting when pointed at the geostationary arc during receive tests. 6. Protection of Other NGSO Ka—Band Satellite O3b is not aware of any other NGSO satellites Networks: capable of receiving in O3b‘s transmit frequencies. O3b will operate on a non— interference basis during testing, and will therefore shut down transmissions in the event of any reports of interference. 7. 03b Contacts in the Event of Interference: Primary: Gary Mattie (720) 480—9371 Secondary: Brian Mathews (303) 591—3247 Tertiary: Matt Lucero (571) 239—3812 Waivers Requested. O3b respectfully requests all necessary waivers of the FCC‘s Ka—Band Plan, the U.S. Table of Allocations, and the Commussion‘s rules for it to conduct transmission and receive tests of its Hawaii Earth Station antennas. Waivers are warranted in the present circumstances because they will enable O3b to verify the operation of its Hawaii Earth Station antennas prior to the launch of the O3b satellites, and will not cause harmful interference to any other lawfully authorized user of the spectrum.* All testing will be conducted on a non—conforming, non—protected, and non— harmful interference basis. Because the O3b NGSO system is not yet operational, transmission tests will not be to any particular 03b or other satellite. O3b‘s transmit tests will involve pointing the antennas at a 90 degree elevation, which provides more than 25 degrees of separation from the geostationary arc. No harmful interference to any geostationary satellites is therefore expected. O3b is also not aware of any Ka—band NGSO satellites that could be affected during transmit testing, but will shut down in the event of any reports of harmful interference. O3b‘s receive testing will involve pointing its gateway antennas at a geostationary satellite (primarily ViaSat—1). O3b will claim no protection from interference during receive testing, and no transmissions will take place while O3b‘s gateways are pointed at the geostationary arc. The Commission may waive a rule for good cause shown. 47 C.F.R. § 1.3. See also WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969); Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). A waiver is appropriate if special circumstances warrant a deviation from the general rule and such deviation would better serve the public interest than would strict adherence to the rule. See Northeast Cellular, 897 F.2d at 1166. Generally, the Commission may grant a waiver of a rule if the relief requested would not undermine the policy objective of the rule and would otherwise serve the public interest. See WAIT Radio, 418 F.2d at 1157. WO2—EAST:IBDW1\200498508.5 —3—


Document Created: 2012-06-20 12:52:26
Document Modified: 2012-06-20 12:52:26
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