Attachment Certify

This document pretains to SES-T/C-20061221-02208 for Transfer of Control on a Satellite Earth Station filing.

IBFS_SESTC2006122102208_558628

E020074 SESSTA-2005122341790 lB2005002981 SATAMATICS, INC. __ ~- ~ ~_____ ~ ~~ -~ Approved by OMB 3060-0678 APPLICATION FOR EARTH STATION SPECIAL TEMPORARYAUTHORITY I J APPLICANT TNFORMATIONEnter a description of this application to identify it on the main menu: 60 Day STA for E020074 to Allow Transition of Inmarsat D+ Service to New Inmarsat 4F2 Satellite ~~ 1. Applicant Name: Satamatics, Inc. Phone Number: 877-728-6283 DBA Name: Fax Number: 360-246-7263 Street: P.O. Box 393 E-Mail: brian@satamatics.com City: Buckeystown State: MD Country: USA Zipcode: 21717 - Attention: Mr Brian Hester 1

Satamatics Communications, Inc. IBFS File No. SES-STA-20051223-01790 The request of Satamatics, Inc. (Satamatics) for special temporary authority (STA) IS GRANTED. Accordingly, Satamatics is authorized from January 18,2006 to March 19,2006 to continue operations on the Inmarsat 4F2 satellite using mobile earth terminals (METs) previously authorized under call sign E020074 to communicate with the Inmarsat 3F4 satellite in accordance with the terms, conditions, and technical specifications set forth in the Commission’s rules and this document. 1. Neither the aggregate uplink EIRP densities in the direction of any other L-band satellite serving the United States, nor the downlink EIRP densities at any geographical point within the United States, shall be increased as a result of continuance on the Inmarsat 4F2 satellite of operations previously authorized on the Inmarsat 3F4 satellite. 2. Operations on the Inmarsat 4F2 satellite shall be on an unprotected basis. Satamatics shall not claiw protection from, and is required to accept interference from, other lawfully operating satellites or radiocommunication systems. 3. No later than February 17,2006 a report must be submitted addressing whether, given the increased capacity of the Inmarsat 4F2 satellite relative to the Inmarsat 3F4 satellite, there would be any discontinuance of, or degradation of the reliability of, existing operations should access to the “loaned” spectrum be terminated. In the event that the report asserts that such discontinuation or degradation may occur, the report must include a detailed, quantitative explanation of the basis of this assertion. Any such explanation must also include a list of the end-users, including any U.S. government end-users, using METs that may operate in the “loaned” spectrum under this STA, a point of contact (name and telephone number) for each such end-user, and the number of METs associated with each such end-user. Any such explanation, to the extent that it claims that termination of operations on the “loaned” spectrum would degrade service on other frequencies, mu$ include a list of the potentially affected end-users, including any U.S. government end-users, using METs operating under this STA, a point of contact (name and telephone number) for each such end- user, and the number of METs associated with each such end-user. Should the U.S. government users not authorize disclosure of frequencies or services used on the “loaned” spectrum, the report must include a point of contact (name and telephone number) for the associated end-user who can verify the government’s use. For purposes of this condition, “loaned” spectrum is defined as those bandwidth segments that were loaned to Inmarsat by MSV and MSV Canada, either as part of the Revised 1999 Spectrum Sharing Arrangement (October 4, 1999), or later as bilateral arrangements between Inmarsat and MSV and Inmarsat and MSV Canada. 4. Any action taken or expense incurred as a result of operations pursuant to this special temporary authority is solely at Satamatics’s own risk. 5 . The grant of this STA is not based on a finding that Inmarsat’s L-band operations are consistent with operation on a non-interference basis. 6 . The grant of this STA is without prejudice to any future determination that the Commission may make as to whether Inmarsat’s L-band operations are consistent with operation on a non-interference basis. 7. This STA may be terminated or modified at the International Bureau’s discretion, without a hearing, if conditions warrant. 1

Satamatics Communications, Inc. IBFS File No. SES-STA-20051223-01790 8. Satamatics must notify its customers in writing no later than February 17, 2006 that operations on thle Inmarsat 4F2 satellite are pursuant to a 60-day grant of special temporary authority that may be terminated or modified at any time. 9. Authority granted in this STA is without prejudice to the disposition of the underlying modification applications in IBFS File Nos. SES-MFS-20051202-01665,SES-MFS-20051122-01614, SES-MFS- 20051 122-01615, SES-MFS-20051122-01616, SES-MFS-20051122-01617, SES-MFS-20051122- 0161 8, SES-MFS-20051123-01626,SES-MFS-20051123-01627,SES-MFS-20051123-01629,SES- MFS-2005 1123-01630, and SES-MFS-20051207-01709. 10. This grant is issued pursuant to Section 0.261 of the Commission’s rules on delegated authority, 47 C.F.R. 6 0.261, and is effective immediately. 11. Satamatics is afforded thirty days from the date of release of this action to decline this special temporary authorization as conditioned. Failure to respond within t h s period will constitute formal acceptance of the special temporary authorization as conditioned. 2

Approved by OMB 3060-0678 I APPLICATION FOR EARTH STATION SPECIAL TEMPORARY AUTHORITY I APPLICANT TNFORMATIONEnter a description of this application to identify it on the main menu: 60 Day STA for E020074 to Allow Transition of Inmarsat D+ Service to New Inmarsat 4F2 Satellite 1. Applicant Name: Satamatics, Inc. Phone Number: 877-728-6283 DBA Name: Fax Number: 360-246-7263 Street: P.O. Box 393 E-Mail: brian@satamatics.com City: Buckeystown State: MD Country: USA Zipcode: 21717 Attention: Mr Brian Hester 1

!. Contact Name: Alfred Mamlet Phone Number: 202-429-6205 Company: Steptoe & Johnson Fax Number: 202-429-3902 Street: 1330 Connecticut Ave.. NW E-Mail: amamlet@steptoe.com City: Washington State: DC Country: USA Zipcode: 20036 -1795 Attention: Relations hip: Legal Counsel Tf your application is related to an application filed with the Commission, enter either the file number or the IB Submission ID of the related ipplication. Please enter only one.) 3. Reference File Number SESMFS2005 12020 1665 or Submission TD 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 1.11 14). 0 Governmental Entity 0 Noncommercial educational licensee 0 Otherblease explain): .b. Fee Classification CGB - Mobile Satellite Earth Stations 1. Type Request @ Use Prior to Grant 0 Change Station Location 0 Other I. Requested Use Prior Date 0 111312006 '. City 8. Latitude (ddmm ss.s h) 0 0 0.0 2

3. State I 10. Longitude (ddmm ss.s h) 0 0 0.0 1 1. Please supply any need attachments. Attachment 1: Narrative STA Attachment 2: Hester Declaration Attachment 3: Cert. of Service 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.) Satamatics, Inc. ('Satamatics') requests special temporary authority to allow for the transition of the Inmarsat D+ service currently provided by the Inmarsat 3 satellite at 54 W.L. to the new Inmarsat 4F2 satellite at 52.75 W . L . Please see the attached narrative application for further detail. 13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is Yes 0 No subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 530 1 of the Anti-Drug Act Df 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. 4. Name of Person Signing 15. Title of Person Signing Brian Hester President and COO 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)(l)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). 3

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 collcction 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 Intemct if you send them to jboley@fcc.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. 4

Satamatics, Inc. STA Request Attachment A DESCRIPTION OF STA REQUEST By this application, Satamatics, Inc. ("Satamatics") requests grant by January 13, 2006 of special temporary authority ("STA'I) for sixty (60) days to allow Satamatics to maintain existing services to its currently licensed lnmarsat D+ terminals (call-sign E020074) with the recently launched fourth-generation Inmarsat satellite to be located at 52.75' W.L. ("Inmarsat 4F2"). Satamatics is not asking to offer any new service. Satamatics merely wants to continue to provide essential services, which have been licensed for more than two years, to the U.S. Coast Guard and the U.S. Navy, and important private sector customers. Satamatics recently filed a modification application (File No. SES-MFS- 20051202-01665) for call-sign E020074 in order to add the Inmarsat 4F2 as a point of communication. Satamatics hereby incorporates by reference that modification application and its technical details and material for purposes of this STA request. The Satamatics modification application has not yet been placed on public notice. On December 2, 2005, Mobile Satellite Ventures Subsidiary LLC ("MSV") filed a Notice of Intent to Participate, and in addition, it filed a Motion to designate the proceeding as "permit-but-disclose." See MSV Notice of Intent to Participate (Dec. 2, 2005); Motion to Designate Proceedings As "Permit-But-Disclose" (Dec. 2, 2005). Since March 2003, Satamatics has been licensed by the FCC to provide lnmarsat D+ services domestically in the United States.' As set forth in the attached Declaration of Brian Hester, President and Chief Operating Officer for Satamatics, Satamatic's customers for Inmarsat services encompass a wide range of U.S. customers, including the U.S. military and private sector end-users. SeeDeclaration of Brian Hester at 7 5 (Attachment B). U S . military users include: the U S . Coast Guard and the U.S. Navy. SeeDeclaration of Brian Hester at fi 6. U.S. private sector customers include: Centerpoint Energy, M2M, American Electric Power, PS Energy, Halliburton, Chevron, Air Liquide, and Air Products. See Declaration of Brian Hester at 77. As set forth in File No. SES-MFS-20051202-01665, the Inmarsat 4F2 is licensed by the United Kingdom and will be located at the 52.75' W.L. orbital location. It was launched on November 8, 2005. In addition, as set forth in File No. SES-MFS-2005 1202-01665, grant of the modification application is in the public interest, is consistent with the ORBIT Act2 and 1 Seefn the MaffeyofRicdtec /ncorpom.fedApp&cafionfir BlanketLicense to Opmafe up to Z4 OUOMobzk Earth MET$ zn the Z525-1544MHzundl6265-I64J5MHzFrequency Bund (EU!OU7q, 18 FCC Rcd 3295 (rel. Mar. 7,2003). See47 U.S.C. 5 761 etseq.

satisfies the Commission's DlXCOfl~tandard.~ Absent authority to communicate with the lnmarsat 4F2, Satamatics will not be able to continue to provide the Inmarsat D+ service, licensed under call-sign E020074, to its existing or future customers because the D+ service will be migrated from the third generation Inmarsat satellite currently at 54" W.L. to the lnmarsat 4F2 satellite at 52.75' W.L. lnmarsat is scheduled to migrate these services to the lnmarsat 4F2 on January 15, 2006. Satamatics has been informed by lnmarsat that maintaining this schedule is necessary because the Inmarsat 3 satellite currently at 54" W.L. needs to be moved to 142" W.L. where it will replace a second generation lnmarsat satellite, which is running out of fuel and needs to be decommissioned shortly. This second generation satellite at 142" W.L. is currently providing essential Inmarsat lease services to the U.S. Navy and the U.S. Coast Guard. SeeDeclaration of Brian Hester at T[ 4. An untimely migration of the "existing and evolved services" from the third generation Inmarsat satellite to the new Inmarsat 4F2 satellite would jeopardize the continuity of these essential services currently being provided by the second generation satellite at the 142" W.L. orbital location. Since the current the Satamatics modification application has not been placed on public notice and MSV has already indicated its intent to participate in this application proceeding, Satamatics believes that it is unlikely that the International Bureau will be able to act on the modification application in advance of the scheduled January 15,2006 migration of the Inmarsat D+ service to the new Inmarsat 4F2 satellite at 52.75' W.L.' Accordingly, Satamatics is requesting this STA to ensure that there is no disruption of service to Satamatics' existing Inmarsat D+ customers when Inmarsat migrates the services to the new satellite. Grant of this STA request is in the public interest. Grant of this STA request will ensure that these end-users do not experience any disruption to the lnmarsat services they currently use and rely on. Disruption of the Satamatics service would hinder U.S. Coast Guard and U.S. Navy homeland security efforts, including surveillance and warnings for potential terrorist hijackings of marine vessels. In addition, an interruption of service would compromise the ability of Satamatics' private sector clients to track their assets and to monitor sensitive energy facilities, including natural gas well heads, pipelines, shipping containers and service vehicles. SeeDeclaration of Brian Hester at 77 6 - 8. The Inmarsat D+ service which currently is being provided over the Inmarsat satellite at 54" W.L. can and will be provided over the Inmarsat 4F2 at 52.75" W.L. without adversely affecting the interference environment that exists today with respect to other operating L-Band spacecraft. Specifically, (i) the EIRP spectral density of the proposed carriers on the lnmarsat 4F2 will be no greater than the EIRP spectral density of the same services provided See Amendment of the Commzksion 3 Pokeex to Allow Non-U5'LzcensedSpace XtatzumProvzb'zkg Domestic a n ~ ~ n t e ~ n a ~ i o n az~n the X e UnitedStates, ~~ce 12 FCC Rcd 24094 (1 997) (~'D/sco/r). 4 In all likelihood, Satamatics and MSV will be in the middle of the pleading cycle for the Satamatics modification application. -2-

today over the Inmarsat satellite at 54" W.L., (ii) the out-of-band emissions from the Inmarsat 4F2 carriers will not exceed the limits of §25.202(f) (l), (2) and (3), and (iii) no greater protection from interference into the Inmarsat 4F2 spacecraft or the Inmarsat mobile earth terminals, beyond the level of protection that exists today, is sought. In sum, during the term of this STA, these services can and will be provided on lnmarsat 4F2 within the technical envelope pursuant to which these services are currently provided on the third generation Inmarsat satellite currently located at 54" W.L. Satamatics understands that grant of this requested STA will be without prejudice to, and will be conditioned on, the Bureau's action on the underlying modification application (File No. SES-MFS-2005 1202-01665) to modify call-sign E020074 to add the Inmarsat 4F2 as an authorized point of communication. For the reasons set forth above, Satamatics respectfully requests that this STA be granted no later than January 13, 20065for sixty (60) days. January 13,2006 is the last business day before the planned January 15,2006 cut-over to the Inmarsat 4F2 satellite of the "existing and evolved" services. - 3 -

DECLARATION OF BRIAN HESTER I, Brian Hester, hereby declare as follows: 1. 1 am President and Chief Operating Officer for Satamatics, Inc. ("Satamatics"). 2. Satamatics currently holds a license from the FCC to operate lnmarsat D+ terminals in the United States. As set forth in this license, the lnmarsat D+ terminals are permitted to communicate with a third generation lnmarsat satellite currently located at 54" W.L. 3. Satamatics recently submitted applications to the FCC to modify its license in order to add as a new point of communication, a recently launched fourth generation Inmarsat satellite ("the Inmarsat 4F2") to be located at 52.75" W.L. 4. It is my understanding that the lnmarsat 4F2 satellite will replace the third generation Inmarsat satellite located at 54" W.L., and this third generation satellite will be moved by Inmarsat to 142" W.L., where it will replace a second generation lnmarsat satellite that is being decommissioned. It is also my understanding that Inmarsat lease services are currently provided over the second generation Inmarsat satellite at 142" W.L. to the U.S. Navy and Coast Guard. 5. Satamatics provides Inmarsat services to U.S. military and private sector end-users in the United States. 6. The U.S. military uses the lnmarsat D+ service provided by Satamatics for surveillance of marine vessels of interest and to warn of potential terrorist hijackings of marine vessels. Some of Satamatics's U.S. military customers using the Inmarsat services include: the U.S. Navy and the U.S. Coast Guard.

7. The private sector, including land transport companies, maritime transport companies, security companies, and utilities, uses the lnmarsat D+ service provided by Satamatics in order to monitor natural gas well heads, pipelines, shipping containers, and service vehicles. Satamatics' U.S. private sector customers of the lnmarsat D+ service include: Centerpoint Energy, M2M, American Electric Power, PS Energy, Halliburton, Chevron, Air Liquide, and Air Products. 8. Disruption of the Satamatics lnmarsat D+ service would hinder U.S. Coast Guard and U.S. Navy security efforts. In addition, an interruption of service would compromise the ability of Satamatics' private sector clients to track their assets and to monitor sensitive energy facilities. I, Brian Hester, hereby declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge, information and belief. Brian Hester President and Chief Operating Officer Satamatics, Inc. Executed on December 22,2005. -2-

CERTIFICATE OF SERVICE I, Brenda Kasper, an attorney with the law firm of Steptoc & Johnson LLP, hereby certify that on this 23rd day of December, 2005, served a true copy of the foregoing "STA Request," by first class mail, postage pre-paid (or as otherwise indicated) upon the following: lames Ball* Andrea Kelly* [nternational Bureau International Bureau Tederal Communications Commission Federal Communications Commission 445 12" Street, S.W. 445 12'~Street, S.W. Washington, DC 20554 Washington, DC 20554 Cassandra Thomas" Scott Kotler" [nternational Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12'" Street, S.W. 445 12"' Street, S.W. Washington, DC 20554 Washington, DC 20554 Howard GribofP Karl Kensinger* International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 121hStreet, S.W. 445 1zthStreet, S.W. Washington, DC 20554 Washington, DC 20554 Fern Jarmulnek* John Martin* International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12" Street, S.W. 445 12''' Street, S.W. Washington, DC 20554 Washington, DC 20554 Stephen Duall* Jennifer A. Manner International Bureau Vice President, Regulatory Affairs Federal Communications Commission Mobile Satellite Ventures Subsidiary LLC 445 12"' Street, S.W. 1002 Park Ridge Boulevard Washington, DC 20554 Reston, Virginia 20 191 Robert Nelson* Bruce D. Jacobs** International Bureau David S. Konczal Federal Communications Commission Pillsbury Winthrop Shaw Pittman LLP 445 I Yh Street, S.W. 2300 N Street, N.W. Washington, DC 20554 Washington, DC 20037- 1 128

I JOAM Ekblad* ' John P. Janka* * by electronic mail * * by Hand Delivery and electronic mail -2-


Document Created: 2006-01-19 12:11:53
Document Modified: 2006-01-19 12:11:53
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