Attachment SESSTA2013062700544.

SESSTA2013062700544.

DECISION submitted by FCC

STA GRANT WITH CONDITIONS

0000-00-00

This document pretains to SES-STA-20130627-00544 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2013062700544_1003806

E990143 SES—STA—20130627—00544 182013001383 COMTECH MOBILE DATACOM CORP. 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: Request for Renewal and Extension of STA (E990143) 1. Applicant Name: COMTECH MOBILE Phone Number: 240—686—2146 DATACOM CORP. DBA Name: Fax Number: 240—686—3301 Street: 20430 Century Boulevard E—Mail: John.Fossaceca@comtechmobile. com City: Germantown State: MD Country: USA Zipcode: 20874 = Attention: Mr. John Fossaceca

Applicant: Comtech Mobile Datacom Corp. Call Sign: E990143 File No. SES—STA—20130325—00295 Special Temporary Authority (STA) Conditions: All operations shall be on an unprotected and non—harmful interference basis, i.e. Comtech Mobile Datacom Corp. (CMDC) 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 transmissions immediately upon notice of such interference. Furthermore, CMDC must comply with Special and General Provisions listed in Section H of this most recent authorization for the call sign E090027 (File number SES—MOD—20110617—00723), granted 11/01/2011.

2. Contact Name: Edward Yorkgitis Phone Number: 202—342—8§540 Company: Kelley Drye & Warren, LLP Fax Number: 202—342—8451 Street: 3050 K Street, NW E—Mail: cyorkgitis@kelleydrye.com Suite 400 City: Washington State: DC Country: USA Zipcode: 20007 =— 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 SESMOD2013020600159 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). «4 Governmental Entity g*% Noncommercial educational licensee C3 Other(please explain): 4b. Fee Classification CGB — Mobile Satellite Earth Stations 5. Type Request @ Use Prior to Grant g34 Change Station Location C Other 6. Requested Use Prior Date 07/03/2013 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 Renewal Request 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.) Comtech Mobile Datacom Corporation Request for Renewal and Extension of STA Granted for License E990143 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 John Fossaceca Chief Operating Officer 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 BYTHE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

Description of STA Request Comtech Mobile Datacom Corporation ("CMDC") hereby requests that the Commission renew and extend, with condition, the special temporary authority ("STA") that the Commission granted with condition on May 1, 2013 for E990143 (the "Spike" license)‘ in File No. SES—STA— 20130325—00295 ("Spike STA"). The currently operative Spike STA is scheduled to expire on July 3, 2013. CMDC provides mobile packet data communications services to federal government and commercial customers throughout the United States and overseas. (While CMDC currently has no commercial customers, it has served such customers in the past.) On February 6, 2013, CMDC filed a modification application ("Modification Application"), among other things, to extend the term of a separate blanket license E090027 (the "ROUS" license*) for two years and to add a Site ID to that license. See SES—MOD—20130206— 00159. Once granted, the Modification Application would eliminate the need for continuation of the Spike license. The Modification Application does seek technical correction of a number of items on the ROUS license identified by CMDC in review thereof. Aside from seeking the consolidation of the Spike authority into the ROUS license and these technical corrections, the Modification Application does not seek to alter the Company‘s licensed authority. The Spike license was set to expire on May 4, 2013. In anticipation that the Modification Application would not be granted prior to the expiration of the Spike license, CMDC sought and received an STA to take effect starting on May 4, 2013, to allow it to continue operating under the terms set forth in the Spike license. CMDC is filing the instant request for renewal and extension of the Spike STA because, following discussion with Staff, it is similarly likely that grant of the Modification Application will not occur prior to the expiration date for the Spike STA. CMDC seeks continued special temporary authority pending action on its Modification Application. ' In support of this STA request, CMDC refers to the information provided in its Modification Application, including Exhibit A (Description of Application, Services to be Provided, Frequencies Requested and Public Interest Showing); Exhibit B (Radiation Hazard Study); Exhibit C (Information Required by Section 25.137 on Non—U.S. Licensed Satellite); and Exhibit D (Request for Waiver). CMDC notes that it has been operating under the Spike license and the Spike STA pursuant to a waiver of footnotes US308 and US315 to the U.S. Table of Frequency Allocations and Section 25.136(d) of the Commission‘s Rules with respect to the operation of its MTM202 half—duplex terminals outside of the continental United States. The Company‘s MTM202 terminals do not comply with the National Telecommunications and Information Administration‘s ("NTIA ‘s") interpretation of these footnotes with respect to the shutdown 1 Comtech Mobile Datacom Corp., Applicationfor Modification ofBlanket Earth Station Authorization, Order and Authorization, DA 09—906, rel. May 15, 2009; Satellite Communications Services Information re: Actions Taken, Report No. SES—01346 (May 11, 2011) (granting license for additional 2—year period, on terms of 2009 grant order). 2 Satellite Communications Services Information re: Actions Taken, Report No. SES—01395 (Nov. 2, 2011) (granting license for additional 2—year period).

requirement. The Modification Application requests grant of this waiver for an additional two— year period. In order to continue operations following expiration of the current Spike STA and prior to grant of the Modification Application, however, CMDC respectfully requests that the STA renewal requested herein include temporary grant of this waiver as well. This request is reasonable for all the reasons discussed in the Modification Application, Exhibit D, Requestfor Waiver. In particular, as explained in the Modification Application, the likelihood that a single packet will exceed the prescribed duration for shutdown — the basis for the waiver requirement — is exceptionally low and materially lower than had been the case when the waiver was last extended in 2011. Further, grant of this temporary waiver will serve the public interest insofar as continued operations pursuant to the renewed and extended Spike STA will be impracticable without the waiver. CMDC requests that the Commission renew and extend the current Spike STA, effective July 3, 2013 for a minimum of 60 days and continue, if necessary, until such time as the Commission acts on the Modification Application. Section 25.120(b)(1) of the Commission‘s Rules provides that the Commission may grant a temporary authorization only upon a finding that there are extraordinary circumstances requiring temporary operations in the public interest and that delay in the institution of these temporary operations would seriously prejudice the public interest. CMDC submits that such extraordinary circumstances exist here. CMDC is requesting renewal and extension of the current Spike STA to continue to satisfy the needs of its current customer, notably including the U.S. Army, for service in the U.S. and worldwide. Specifically, the U.S.Army‘s Force XKXI Battle Command, Brigade and Below ("FBCB2") command and control system relies upon CMDC‘s services. Grant of the requested STA will advance the public interest in that it will enable CMDC to satisfy the needs of the Army without disruption of service. At the same time, CMDC‘s operations pursuant to the authority requested herein will not, in all likelihood, result in any harm to the public interest. While CMDC‘s terminals and operations, continuance of which is proposed herein, do not entirely comply with the letter of the Commission‘s requirements for priority access and real—time preemption in the L—band, they comply with the spirit of those requirements. And, as noted, the remaining potential for noncompliance with the prescribed duration for shutdown is minimal. As discussed in the Modification Application, Exhibit D, the Commission‘s previous grant of a waiver of footnotes US308 and US315 and Section 25.136(d) in conjunction with past grants of authority to operate pursuant to CMDC‘s E090027 license provides precedent for grant of a similar (temporary) waiver in connection with this STA request. CMDC acknowledges that any grant of this STA request is without prejudice to, and will be conditioned on, the Commission‘s final action on any CMDC application. For the reasons set forth above, CMDC respectfully requests that this STA request be granted no later than July 3, 2013.

VERIFICATION 1, John Fossaceca, am Chief Operating Officer of Comtech Mobile Datacom Corporation ("CMDC"). I am authorized to represent CMDC and to make this verification on its behalf. The statements in the foregoing document relating to CMDC are true and correct to the best of my knowledge and belief. I declare under penalty of perjfury that the foregoing is true and correct. //Z 1 _ John Fossaceca Chief Operating Officer June 26, 2013


Document Created: 2013-07-12 17:02:10
Document Modified: 2013-07-12 17:02:10
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