Attachment SESSTA2016071200646.

SESSTA2016071200646.

DECISION submitted by FCC

GRANT

0000-00-00

This document pretains to SES-STA-20160712-00646 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2016071200646_1145961

E030115 SES—STA—201607 12—00646 1B2016001594 Hawaii Pacific Teleport, LP. 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 to Extend E030115 STA 1. Applicant Name: Hawaii Pacific Teleport, L.P. Phone Number: 917—750—5358 DBA Name: Fax Number: 917—591—4535 Street: P.O. Box 693 E—Mail: Ismith—ryland@hawaiiteleport. com City: Rumson State: NJ Country: USA Zipcode: 07760 > Attention: Ms Leeana A Smith—Ryland | File # 38BbADY— ENNb a \16%\8 | f"tig“ amy*Pae_13\C GRANTED ! International Bureau Term Dates StelV Approved:

Applicant: Hawaii Pacific Teleport, L.P. Call Sign: E030115 File No.: SES—STA—20160712—00646 Special Temporary Authority (STA) Hawaii Pacific Teleport, L.P. is granted an extension to special temporary authority (STA) for additional 30 days, beginning July 27, 2016, to operate its Kapolei, Honolulu, HI earth station (EO30115), to communicate with ASTRA 3A satellite to provide tracking, telemetry and command ("TT&C") during the relocation of the satellite from 176.85°W.L. to 86.85° W.L. orbital location on center frequencies of 14499.00 MHz, (Earth—to—space) and 11450.25 MHz & 11699.50 MHz (space—to—Earth) under the following conditions: 1. All operations under this grant of STA shall be on an unprotected and non— harmful interference basis. Hawaii Pacific Teleport L.P. shall not cause harmful interference to, and shall not claim protection from interference by any other lawfully operating radio communication system. All operators of satellites in that path will be provided with an emergency phone number where the licensee can be reached in the event that harmful interference occurs. Currently the 24x7 contact information for the ASTRA 3A operations is the SES Payload Management Operations Centre (PMOC) in Woodbine, MD, 1— (800) 772—2363 or 1—(410) 970—7570; e—mail: PMOC@ses.com. This does not constitute market access for the ASTRA 3A satellite. Any action taken or expense incurred as a result of operations pursuant to this STA is solely at Hawaii Pacific Teleport, L.P .risk. Operations during the period from July 15, 2016 to the date of this grant were authorized pursuant to Section 1.62 of the Commussion‘s rules 47 C.F.R §1.62 This grant is issued pursuant to Section 0.261 of the Commussion‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective upon release. eSSSib—sdlhly—t04( Call(g\\ ___ g ___ g___Grant Date \}:fi —\— \\0 (or other identifier) From:\)'%\ Tor C— International B ureau Approved: /2

2. Contact Name: Frank R. Jazzo, Esq. Phone Number: 703—812—0470 Company: Fletcher, Heald & Hildreth, PLC Fax Number: 703—812—0486 Street: 1300 N 17th Street E—Mail: jazzo@fhhlaw.com 11th Floor City: Arlington State: VA Country: USA Zipcode: 22209 — 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 SESSTA2016052500455 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). { Governmental Entity C Noncommercial educational licensee «34 Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request eJ Use Prior to Grant C Change Station Location @ Other 6. Requested Use Prior Date 7. CityKapolei 8. Latitude (dd mmss.sh) 21 20 8.9 N

9. State HI 10. Longitude (dd mm ss.s h) 158 5 17.8 W 11. Please supply any need attachments. Attachment 1: STA Request Attachment 2: Extension Request 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.) This application seeks an extension of special temporary authority originally granted June 14, 2016, in File Number SES——STA—20160525—00455, to permit Hawaii Pacific Teleport, L.P. to continue to use its E030115 earth station to provide tracking, telemetry and command services with ASTRA 3A. The current authority expires July 15, 2016. 13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is Yes ONO 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 Leeana Smith—Ryland Sole Member of General Partner 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.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Application by Hawaii Pacific Teleport, L.P. Call Sign E030115 For Special Temporary Authority to Communicate with ASTRA 3A to Perform TT&C During Relocation to §6.85° W.L. REQUEST FOR SPECIAL TEMPORARY AUTHORITY By this application, Hawaii Pacific Teleport, L.P. ("HPT") respectfully requests earth station spgcial temporary authority ("STA") for a period of 30 days, beginning on or about June 15, 2016, to permit HPT to use its E030115 earth station to communicate with the ASTRA 3A spacecraft in order to provide Tracking, Telemetry and Command ("TT&C") during the planned relocation of the spacecraft from its current position at 176.85° W.L. to 86.85° W.L. HPT currently provides teleport services to SES Americom, Inc. and is authorized to provide TT&C services to ASTRA 3A at 176.85° W.L. An affiliate of SES Americom, SES ASTRA S.A. ("SES ASTRA"), holds an authorization from the Luxembourg Ministry of State, Office of Media and Communications‘ for the ASTRA 3A Ku—band spacecraft. SES ASTRA has requested that SES Americom and HPT assist with providing TT&C to support the planned relocation of ASTRA 3A to 86.85° W.L. Upon arrival at the nominal 87° W.L. orbital location, ASTRA 3A will join the SES—2 spacecraft and will operate in inclined orbit. Ministére d‘Etat, Service des Médias et des Communications of the Grand Duchy of Luxembourg.

HPT‘s license for E030115 permits the earth station to communicate with ASTRA 3A to perform TT&C using certain Ku—band frequencies, and this STA request seeks authority to continue that use during the planned satellite move. HPT is not requesting U.S. market access or any other authorization from the Commission in relation to the non—U.S.—licensed ASTRA 3A spacecraft, and therefore is not providing full technical information about the ASTRA 3A satellite as part of this application.2 Details regarding the ASTRA 3A TT&C operations, including link budgets and interference analysis, were previously provided to the Commission and are incorporated herein by reference." As discussed below, communications with ASTRA 3A will not adversely affect the operation of any adjacent satellites. Relocation of ASTRA 3A is scheduled to begin in the second quarter of 2016, and HPT seeks action on this request no later than June 15, 2016, to accommodate that schedule. Grant ofSTAs Will Serve the Public Interest,. Grant of this STA request is in the public interest. The requested TT&C authority will facilitate the safe operation of ASTRA 3A during relocation of the spacecraft to 86.85° W.L. No Harmful Interference to Other Spacecraft. TT&C transmissions during drift of ASTRA 3A will be on a non—harmful interference basis. The drift of the spacecraft will be . . . . an s 2 4 coordinated with other satellite operators consistent with industry practice. 2 . . See Waiver Requests, infra. * See SES—STA—20131030—00914 (filed Oct. 30, 2013) (referencing SES—STA—20130722— 00654). * The 24/7 point of contact for the proposed ASTRA 3A operations is the SES Payload Management Operations Centre (PMOC) in Woodbine, MD, 1 800 772 2363 or 1 410 970 7570; e—mail: PMOC@ses.com.

Waiver Requests. HPT requests limited waivers of the Commission‘s requirements in connection with the instant STA request. Grant of these waivers is consistent with Commission policy: The Commission may waive a rule for good cause shown. 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 general rule. Generally, the Commission may grant a waiver of its rules in a particular case if the relief requested would not undermine the policy objective of the rule in question and would otherwise serve the public interest." Sections 25.137 and 25.114. HPT requests a waiver of Section 25.137 and the other Commission rules cross—referenced therein. HPT seeks special temporary authority in connection with TT&C for ASTRA 3A, a foreign—licensed spacecraft. Section 25.137 requires that applicants proposing to use U.S.—licensed earth stations to communicate with foreign— licensed spacecraft demonstrate that the Commission‘s policies for U.S. market access are satisfied. Section 25.137 also incorporates by reference other requirements for Commission— licensed space stations, including the obligation to file detailed technical information as specified in Section 25.114. By its terms, Section 25.137 is inapplicable to the instant STA request. The rule‘s requirements come into play only when a non—U.S.—licensed satellite is to be used to "serve the United States.”6 Here, the E030115 earth station will be used solely for TT&C, not for commercial operations. Thus, HPT is not seeking authority to communicate with ASTRA 3A for purposes of providing U.S. service within the meaning of Section 25.137. PanAmSat Licensee Corp., 17 FCC Red 10483, 10492 (Sat. Div. 2002) (footnotes omitted). 6 47 CFR. §25.137(@).

To the extent the Commission disagrees, HPT requests a waiver of the market access and other requirements imposed in Section 25.137. Grant of a waiver will not undermine the objectives of these requirements. The market access test described in the rule is intended to ensure that U.S.—licensed systems have "effective competitive opportunities." Because HPT is not seeking authority to provide commercial services in the United States, the requested STA does not raise any concerns about competitive equality.8 Strict adherence with Section 25.114‘s requirements for detailed technical information is also unnecessary and would be unduly burdensome. HPT is proposing to use EQ30115 only for the limited purpose of performing TT&C during drift of the satellite to §6.85° W.L, and the relevant technical characteristics of those transmissions have been previously described." The planned drift will be coordinated with nearby satellite operators, consistent with industry practice, and transmissions to the spacecraft will be conducted on a non—harmful interference basis. In these circumstances, no valid purpose would be served by requiring a complete description of the ASTRA 3A spacecraft. HPT‘s request is consistent with Commission precedent. In similar cases in which limited communications by U.S. earth stations with a foreign—licensed satellite were proposed, Td. In any event, the ASTRA 3A spacecraft at 86.85° W.L. will be operating under the authority of Luxembourg, a WTO member country, and therefore is exempt from the requirement to make a showing of effective competitive opportunities. 47 C.F.R. § 25.137(a)(2). Supra n. 3.

the Commission has granted STA without requiring a market access showing under Section 25.137 or full technical data as required by Section 25.1 14." Section 2.106 Footnote NGS2. To the extent that reception of telemetry at 11450.25 MHz and 11699.50 MHz constitutes a domestic (F.e., non—international) service, HPT respectfully requests a limited waiver of the international—service—only restriction. ‘ Such a waiver is warranted in the circumstances for the limited purpose of TT&C. As the Commission has recognized, TT&C operations generally require uplink and downlink capability from the same earth station. For this reason, the Commission has previously granted waivers of the international service restriction to enable TT&C to be performed in the U.S. using the extended Ku—band frequencies. 12 Grant of the requested waiver would not undermine the purpose of the restriction, which is to ensure that earth station deployments in the extended Ku—band do not negatively impact the deployment of fixed service ("FS") in the same band or cause interference to such operations. The telemetry downlink signals from ASTRA 3A in the extended Ku—band are narrow in bandwidth, and will comply with the power flux density limits in the Commission‘s rules and, 10 See, e.g., Hawaii Pacific Teleport, L.P., File No. SES—STA—20131030—00914 (Call Sign E030115), granted Nov. 18, 2013 (granting authority for earth station to provide TT&C services to ASTRA 3A operating at 176.85° W.L).; PanAmSat Licensee Corp., File Nos. SES—STA— 20090922—01211 (Call Sign E4132) & SES—STA—20090922—01212 (Call Sign EO40125), both grant—stamped Oct. 16, 2009 (granting authority for earth stations to communicate with foreign— licensed NSS—12 spacecraft for purposes of providing launch and early operations services). " 47 U.S.C. § 2.106 Footnote NGS52. * See, eg., EchoStar KuX Corporation, 20 FCC Red 919 (Int‘l Bur. 2004) ("EchoStar 83W Order"); EchoStar Satellite LLC, 20 FCC Red 930 (Int‘l Bur. 2004) ("EchoStar109W Order"); EchoStar KuX Corporation, 20 FCC Red 942 (2004) ("EchoStar 121W Order"). These decisions granted waivers of the international only restriction in Footnote NG104, which has been replaced by Footnote NG52.

thus, will not interfere with FS station operations. Moreover, only a small number of U.S. earth stations will be used to perform TT&C in the extended Ku—band." Once ASTRA 3A is on— station at 86.85° W.L., the TT&C will be performed by two U.S. earth stations: SES Americom‘s KA288 earth station in South Mountain, California, and its E050287 earth station in Woodbine, Maryland. As a result, there will be no significant restrictions placed on the deployment of FS in this band. HPT hereby certifies that no party to this application is subject to a denial of federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988, 21 U.S.C. § 862. For the foregoing reasons, HPT respectfully requests speciai temporary authority to communicate with ASTRA 3A for a period of up to 30 days in order to provide TT&C during relocation of the satellite as described herein. Grant of the requested authority will promote safe operation of the satellite during and after its relocation. Respectfully submitted, [/s/ Frank R. Jazzo Fletcher, Heald & Hildreth, P.L.C. 1300 N. 17*" Street, Suite 1100 Arlington, VA 22209 Tel: (703) $12—0400 Fax: (703) $12—0486 jazzo@thhlaw.com Counsel for Hawaii Pacific Teleport, L.P. Dated: May 25, 2016 © See EchoStar 83W Order, at 16 ("The Commission has waived this [international only] requirement where the number of potential earth stations in a particular service is inherently small."); EchoStar 109W Order, at [ 16 (same); EchoStar 121 W Order, at 17 (same). 6

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Application by Hawaii Pacific Teleport, L.P. Request to Extend Special Temporary Call Sign E030115 Authority to Communicate with ASTRA 3A to Perform TT&C During Relocation to 86.85° W.L. REQUEST TO EXTEND SPECIAL TEMPORARY AUTHORITY By this application, Hawaii Pacific Teleport, L.P. ("HPT") respectfully requests an extension of its earth station special temporary authority ("STA") for an additional 30 days, beginning on or about July 15, 2016, to permit HPT to continue to use its E030115 earth station to provide Tracking, Telemetry and Command ("TT&C") to the ASTRA 3A spacecraft as it continues its relocation to §6.85° W.L. HPT currently provides teleport services to SES Americom, Inc. and was authorized to provide TT&C services to ASTRA 3A during its relocation to 86.85° W.L. for a period of 30 days.1 SES Americom, Inc. has requested HPT to continue providing TT&C for the spacecraft until August 14, 2016, while SES Americom conducts adjustments to another earth station authorized to provide TT&C services for ASTRA 3. The request to use HPT‘s earth station beyond the original authorization term is made out of an abundance of caution to ensure redundant TT&C services for the spacecraft. HPT requests that the 30—day extension be authorized under the same conditions as the original STA grant. * See File No. SES—STA—20160525—00455, granted June 15, 2016.

Respectfully submitted, [s/ Frank R. Jazzo Fletcher, Heald & Hildreth, P.L.C. 1300 N. 17"" Street, Suite 100 Arlington, VA 22209 Tel: (703) §12—0400 Fax: (7O3) 812—0486 jazzo@fhhlaw.com Counsel for Hawaii Pacific Teleport, L.P. Dated: July 12, 2016


Document Created: 2016-08-02 17:54:35
Document Modified: 2016-08-02 17:54:35
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