Application Form [pdf]

This document pretains to SES-T/C-20040907-01338 for Transfer of Control on a Satellite Earth Station filing.

IBFS_SESTC2004090701338_395098

                                                                                               Approved by OMB
                                                                                                      3060−0678
Date & Time Filed: Sep 7 2004 5:50:50:240PM
File Number: SES−T/C−INTR2004−01827

    APPLICATION FOR SATELLITE SPACE AND EARTH STATION AUTHORIZATIONS FOR        FCC Use Only
    TRANSFER OF CONTROL OR ASSIGNMENTFCC 312 MAIN FORM FOR OFFICIAL USE
                                    ONLY

APPLICANT INFORMATION
Enter a description of this application to identify it on the main menu:
PAS to Constellation TC −− RO notification
1−8. Legal Name of Applicant

           Name:        PanAmSat Licensee Corp.            Phone Number:   202−292−4300
           DBA                                             Fax Number:     202−292−4378
           Name:
           Street:      1801 K Street, N.W.                E−Mail:
                        Suite 440
           City:        Washington                         State:          DC
           Country:      USA                               Zipcode:        20006      −
           Attention:   Mr Kalpak S Gude Esq




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9−16. Name of Contact Representative (If other than applicant)

                Name:          Joseph A. Godles                      Phone Number:                        202−429−4900
                Company: Goldberg Godles Wiener & Wright Fax Number:                                      202−429−4912
                Street:        1229 19th Street, NW                  E−Mail:                              jgodles@g2w2.com


                City:          Washington                            State:                               DC
                Country:        USA                                  Zipcode:                             20036−2413
                Contact        Attorney                              Relationship:                        Legal Counsel
                Title:



CLASSIFICATION OF FILING
    17. Choose the button next to the
    classification that applies to this filing for   (N/A) b1. Application for License of New Station
    both questions a. and b. Choose only one         (N/A) b2. Application for Registration of New Domestic Receive−Only Station
    for 17a and only one for 17b.                    (N/A) b3. Amendment to a Pending Application
                                                     (N/A) b4. Modification of License or Registration
          a1. Earth Station                              b5. Assignment of License or Registration
          a2. Space Station                              b6. Transfer of Control of License or Registration
                                                     (N/A) b7. Notification of Minor Modification
                                                     (N/A) b8. Application for License of New Receive−Only Station Using Non−U.S. Licensed
                                                     Satellite
                                                     (N/A) b9. Letter of Intent to Use Non−U.S. Licensed Satellite to Provide Service in the United
                                                     States
                                                     (N/A) b10. Other (Please specify)




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     17c. Is a fee submitted with this application?
       If Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114).
        Governmental Entity           Noncommercial educational licensee
        Other(please explain): Notification only.


    17d.

    Fee Classification A CNO − Receive Only Earth Station                      Quantity 1
                                                                               (First Station)
    Fee Classification B        CFO − Receive Only Earth Station                Quantity 1
                                                                               (Each Additional Station)



    18. If this filing is in reference to an      19. If this filing is an amendment to a pending application enter:
    existing station, enter:
                                                  (a) Date pending application was filed:            (b) File number of pending application:
    (a) Call sign of station:
    Not Applicable                                Not Applicable                                     Not Applicable




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TYPE OF SERVICE
20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Select all that apply:

      a. Fixed Satellite
      b. Mobile Satellite
      c. Radiodetermination Satellite
      d. Earth Exploration Satellite
      e. Direct to Home Fixed Satellite
      f. Digital Audio Radio Service
      g. Other (please specify)


21. STATUS: Choose the button next to the applicable status. Choose      22. If earth station applicant, check all that apply.
only one.                                                                        Using U.S. licensed satellites
      Common Carrier        Non−Common Carrier                                  Using Non−U.S. licensed satellites

23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one. Are these
facilities:
           Connected to a Public Switched Network Not connected to a Public Switched Network     N/A

    24. FREQUENCY BAND(S): Place an "X" in the box(es) next to all applicable frequency band(s).
      a. C−Band (4/6 GHz)  b. Ku−Band (12/14 GHz)
      c.Other (Please specify upper and lower frequencies in MHz.)
          Frequency Lower: Frequency Upper:




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TYPE OF STATION
25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one.
    a. Fixed Earth Station
    b. Temporary−Fixed Earth Station
    c. 12/14 GHz VSAT Network
    d. Mobile Earth Station
    e. Geostationary Space Station
    f. Non−Geostationary Space Station
    g. Other (please specify)


26. TYPE OF EARTH STATION FACILITY: Choose only one.
    Transmit/Receive  Transmit−Only    Receive−Only                      N/A


PURPOSE OF MODIFICATION

27. The purpose of this proposed modification is to: (Place an "X" in the box(es) next to all that apply.)


Not Applicable




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ENVIRONMENTAL POLICY

28. Would a Commission grant of any proposal in this application or amendment have a significant environmental     Yes     No
impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of
the Commission’s rules, 47 C.F.R. 1.1308 and 1.1311, as an exhibit to this application. A Radiation Hazard Study
must accompany all applications for new transmitting facilities, major modifications, or major amendments.



ALIEN OWNERSHIPEarth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or
aeronautical fixed radio station services are not required to respond to Items 30−34.

29. Is the applicant a foreign government or the representative of any foreign government?                         Yes     No        N/A




30. Is the applicant an alien or the representative of an alien?                                                     Yes        No
                                                                                                                   N/A




31. Is the applicant a corporation organized under the laws of any foreign government?                               Yes        No
                                                                                                                   N/A




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32. Is the applicant a corporation of which more than one−fifth of the capital stock is owned of record or voted by             Yes   No
aliens or their representatives or by a foreign government or representative thereof or by any corporation organized
                                                                                                                             N/A
under the laws of a foreign country?



   33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than             Yes   No
one−fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign
                                                                                                                             N/A
government or representative thereof or by any corporation organized under the laws of a foreign country?



34. If any answer to questions 29, 30, 31, 32 and/or 33 is Yes, attach as an exhibit an identification of the aliens or
foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote.



BASIC QUALIFICATIONS

35. Does the Applicant request any waivers or exemptions from any of the Commission’s Rules?                                    Yes   No
If Yes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents.




36. Has the applicant or any party to this application or amendment had any FCC station authorization or license                Yes   No
revoked or had any application for an initial, modification or renewal of FCC station authorization, license, or
construction permit denied by the Commission? If Yes, attach as an exhibit, an explination of circumstances.              Ques 36




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37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling    Yes   No
the applicant ever been convicted of a felony by any state or federal court? If Yes, attach as an exhibit, an
explination of circumstances.




38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant,        Yes   No
guilty of unlawfully monopolizing or attemptiing unlawfully to monopolize radio communication, directly or
indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement or any other
means or unfair methods of competition?If Yes, attach as an exhibit, an explanation of circumstances



39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending   Yes   No
matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances.




40. If the applicant is a corporation and is applying for a space station license, attach as an exhibit the names,
address, and citizenship of those stockholders owning a record and/or voting 10 percent or more of the Filer’s
voting stock and the percentages so held. In the case of fiduciary control, indicate the beneficiary(ies) or class of
beneficiaries. Also list the names and addresses of the officers and directors of the Filer.



41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is         Yes   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.




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42a. Does the applicant intend to use a non−U.S. licensed satellite to provide service in the United States? If Yes,             Yes         No
answer 42b and attach an exhibit providing the information specified in 47 C.F.R. 25.137, as appropriate. If No,
proceed to question 43.




42b. What administration has licensed or is in the process of licensing the space station? If no license will be issued, what administration has
coordinated or is in the process of coordinating the space station?



43. Description. (Summarize the nature of the application and the services to be provided).
  (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.)
                     Applicant herein notifies Commission of transfer of control of two
                     receive−only earth stations in accordance with attached description.



Notification


CERTIFICATION
The Applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the
United States because of the previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this
application. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit
in 47 CFR Part 20. All statements made in exhibits are a material part hereof and are incorporated herein as if set out in full in this application.
The undersigned, individually and for the applicant, hereby certifies that all statements made in this application and in all attached exhibits are
true, complete and correct to the best of his or her knowledge and belief, and are made in good faith.




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44. Applicant is a (an): (Choose the button next to applicable response.)

      Individual
      Unincorporated Association
      Partnership
      Corporation
      Governmental Entity
      Other (please specify)




     45. Name of Person Signing                                             46. Title of Person Signing
     Kalpak S Gude                                                          VP & Associate General Counsel


47. Please supply any need attachments.
 Attachment 1:                                    Attachment 2:                                   Attachment 3:




            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).




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                                        SATELLITE EARTH STATION AUTHORIZATIONS
                                                  FCC Form 312 − Schedule A
                                                  FOR OFFICIAL USE ONLY



                                                       Select one of the following
     CONSENT TO TRANSFER OF CONTROL                                       CONSENT TO ASSIGNMENT OF LICENSE

      NOTIFICATION OF TRANSFER OF CONTROL OF RECEIVE                           NOTIFICATION OF ASSIGNMENT OF RECEIVE ONLY
                       ONLY REGISTRATION                                                     REGISTRATION


A1. Name of Licensee (as shown on FCC 312 − Main Form)

                   Name:           PanAmSat Licensee Corp.            Phone          202−292−4300
                                                                      Number:
                   DBA Name:                                          Fax Number:    202−292−4378
                   Street:         1801 K Street, NW                  E−Mail:
                                   Suite 440
                   City:           Washington                         State:          DC
                   Country:         USA                               Zipcode:       20006     −
                   Attention:



A8. List Callsign(s) of station(s) being assigned or transfered
Callsign:        Callsign:           Callsign:         Callsign:        Callsign:      Callsign:      Callsign:   Callsign:
 E010334          E970080


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A9. No. of station(s) listed
  2


A10. Name of Transferor/ Assignor

                     Name:          The DIRECTV Group, Inc. / The   Phone           310−364−6000
                                    News Corporation Limited        Number:
                     Company:       c/o The DIRECTV Group, Inc.     Fax Number:     310−322−6174
                     Street:        2250 E. Imperial Highway        E−Mail:


                     City:          El Segundo                      State:          CA
                     Country:       USA                             Zipcode:        90245   −
                     Contact Title: See below                       Relationship:   Same


A15. Name of Transferee/ Assignee

                     Name:          Constellation, LLC et al.       Phone           212−750−8300
                                                                    Number:
                     DBA Name:                                      Fax Number:
                     Street:        9 West 57th Street              E−Mail:


                     City:          New York                        State:          NY
                     Country:       USA                             Zipcode:        10019       −
                     Attention:




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A20. If these facilities are licensed, is the transferee / assignee directly or indirectly controlled by any other entity?   Yes
If yes, attach as Exhibit E, a statement (including organizational diagrams where appropriate) which fully and
                                                                                                                               No
completely identifies the nature and extent of control including: (1) the name, address, citizenship, and primary
busienss of the controlling entity and any intermediate subsidiaries or parties, and (2) the names, addresses,                 N/A
citizenshihp, and the percentages of voting and equity stock of those stockholders holding 10 percent or more of the
controlling corporation’s voting stock.



A21. If these facilities are licensed, attach as Exhibit F, a complete statement setting forth the facts which show
how the assignment or transfer will serve the public interest.



CERTIFICATION
1. The undersigned, individually and for licensee, certifies that all attached exhibits pertinenet to Schedule A and all statement made in Schedule A
of this application are true, compete and correct to the best of his/her knowledge and belief. The undersigned also certifies that any contracts or
other instruments submitted herewith are complete and constitute the full agreement.
2. The undersigned represents that stock will not be delivered and that control will not be transferred until the Commission’s consent has been
received, but that transfer of control or assignment of license will be completed within 60 days of Commission consent. The undersigned also
acknowledges that the Commission must be notified by letter within 30 days of consummation.
A22. Printed Name of Licensee (Must agree with A1)                          A24. Title (Office Held by Person Signing)
Kalpak S Gude                                                               VP & Associate General Counsel
A26. Printed Name of License Transferor / Assignor                          A28. Title (Office Held by Person Signing)
(Must agree with A10)
 Larry Hunter / Arthur M. Siskind                                             Exec VP, GC & Sec / Sr Exec VP & Group GC
A26. Printed Name of License Transferee / Assignee                          A28. Title (Office Held by Person Signing)
(Must agree with A15)
See Exhibit 2                                                                 See Exhibit 2




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The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions,
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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
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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.




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Document Created: 2019-04-27 06:57:09
Document Modified: 2019-04-27 06:57:09

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