Application Form [pdf]

This document pretains to SES-T/C-20090317-00329 for Transfer of Control on a Satellite Earth Station filing.

IBFS_SESTC2009031700329_700727

Approved by OMB 3060−0678 Date & Time Filed: Mar 17 2009 1:24:55:856PM File Number: SES−T/C−INTR2009−00736 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: Notice of TVRO Transfer/Consummation (TWEAN) from TWI to TWC 1−8. Legal Name of Applicant Name: Time Warner Cable Inc Phone Number: 212−364−8482 DBA Fax Number: 704−973−6239 Name: Street: 60 Columbus Circle E−Mail: julie.laine@twcable.com City: New York State: NY Country: USA Zipcode: 10023 − Attention: Mrs Julie P Laine 1

9−16. Name of Contact Representative Name: Time Warner Cable Inc Phone Number: 212−364−8482 Company: Fax Number: 704−973−6239 Street: 60 Columbus Circle E−Mail: julie.laine@twcable.com City: New York State: NY Country: USA Zipcode: 10023− Attention: Ms. Julie Laine Relationship: Legal Counsel 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) 2

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): Receive only earth station−no fee required 17d. Fee Classification A CNO − Receive Only Earth Station Quantity 1 (First Station) Fee Classification B CFO − Receive Only Earth Station Quantity 111 (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 3

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: 4

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 5

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 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 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? 6

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. 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. 7

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. 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. 8

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.) Notification of consummation on March 12, 2009 of transfer of control of TVRO registrant from Time Warner Inc. to Time Warner Cable Inc. The underlying transaction was approved by the Commission on February 11, 2009. See Memorandum Opinion and Order released on 2/11/2009 (DA 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. 9

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 David A. Christman SVP & Assistant Secretary 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). 10

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: Time Warner Entertainment− Phone 7033453549 Advance/Newhouse Partnership Number: DBA Name: Fax Number: 7033453503 Street: 13241 Woodland Park Road E−Mail: City: Herndon State: VA Country: USA Zipcode: 20171 − Attention: Don Sambol A8. List Callsign(s) of station(s) being assigned or transfered Callsign:E4261 Callsign:WN63 Callsign: Callsign: Callsign:E5204 Callsign:KB47 Callsign:E8856 Callsign: E860321 E890026 E900082 11

Callsign:E4385 Callsign: Callsign:E2889 Callsign:KG93 Callsign:WS37 Callsign: Callsign:WG32 Callsign:WE97 E920572 E950097 Callsign:KU69 Callsign:E2075 Callsign:E5905 Callsign:WT85 Callsign: Callsign:WR95 Callsign: Callsign:KM65 E870894 E950214 Callsign:E5489 Callsign:KU63 Callsign:KY95 Callsign:WG89 Callsign:WL33 Callsign: Callsign: Callsign:KG92 E960052 E950444 Callsign:KF36 Callsign:KP85 Callsign:KN97 Callsign:KY94 Callsign:WZ42 Callsign:KT59 Callsign: Callsign:E3824 E080034 Callsign:E4158 Callsign: Callsign: Callsign: Callsign:E4217 Callsign:WG86 Callsign:KJ59 Callsign:KP64 E070059 E860365 E020045 Callsign:E5961 Callsign:KE47 Callsign: Callsign:E2679 Callsign: Callsign:E2084 Callsign: Callsign:WG21 E940467 E990311 E050260 Callsign:E2187 Callsign:KY61 Callsign:WB59 Callsign: Callsign:E8796 Callsign:WD41 Callsign:KM94 Callsign: E950395 E050253 Callsign:KQ49 Callsign: Callsign:KU72 Callsign:KG91 Callsign:WQ80 Callsign:E9530 Callsign: Callsign:E2632 E020162 E000249 Callsign: Callsign:WH89 Callsign: Callsign:KY93 Callsign:E4474 Callsign: Callsign: Callsign:E3283 E040450 E030142 E870851 E950014 Callsign:E2362 Callsign: Callsign: Callsign: Callsign:WT93 Callsign:E5404 Callsign:WN78 Callsign: E950394 E890831 E050104 E020046 Callsign: Callsign: Callsign:WR39 Callsign:E6407 Callsign:E2131 Callsign:E4384 Callsign: Callsign:E8309 E040258 E020012 E070060 Callsign: Callsign:KF60 Callsign: Callsign:E2766 Callsign:E5019 Callsign: Callsign:KY96 Callsign:WR92 E870892 E860969 E890025 Callsign: Callsign:E8842 Callsign:E5897 Callsign: Callsign: Callsign:KH63 Callsign:E3015 Callsign: E990041 E900390 E070058 E940490 12

A9. No. of station(s) listed 112 A10. Name of Transferor/ Assignor Name: Time Warner Inc. Phone 2025305460 Number: Company: Fax Number: 2023184482 Street: 800 Connecticue Avenue, N.W. E−Mail: City: Washington State: DC Country: USA Zipcode: 20006 − Attention: Relationship: Legal Counsel A15. Name of Transferee/ Assignee Name: Time Warner Cable Inc Phone 212−364−8482 Number: DBA Name: Fax Number: 704−973−6239 Street: 60 Columbus Circle E−Mail: julie.laine@twcable.com City: New York State: NY Country: USA Zipcode: 10023 − Attention: Mrs Julie P Laine 13

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) Time Warner Entertainment−Advance/Newhouse Partner SVP & Asst. Secretary A26. Printed Name of License Transferor / Assignor A28. Title (Office Held by Person Signing) (Must agree with A10) Time Warner Inc. Senior VP and Deputy General Counsel A26. Printed Name of License Transferee / Assignee A28. Title (Office Held by Person Signing) (Must agree with A15) Time Warner Cable Inc. SVP & Asst. Secretary 14

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 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. 15

43. Description. (Summarize the nature of the application and the services to be provided). Notification of consummation on March 12, 2009 of transfer of control of TVRO registrant from Time Warner Inc. to Time Warner Cable Inc. The underlying transaction was approved by the Commission on February 11, 2009. See Memorandum Opinion and Order released on 2/11/2009 (DA 09−73). 16


Document Created: 2019-04-08 16:38:45
Document Modified: 2019-04-08 16:38:45
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