Attachment Hughes - Grant Augus

Hughes - Grant Augus

DECISION submitted by IB,FCC

Grant

2012-08-01

This document pretains to SAT-LOI-20111220-00242 for Letter of Intent on a Satellite Space Stations filing.

IBFS_SATLOI2011122000242_961611

tile # SNT— LOF: 20111220 —00242. $2849 SAT—LOI—20111220—00242 Hughes Network Systems, LLC 1B2011005157 JUPITER 91W CfillSign $28413_ Grant Date esb/i2. (or other identifier) i::d;‘fion Torm D;t‘fs Approved by OMB | GRANTED® From s 0: 3060—0678 Date & Time Filed: Dec 20 2011 10:24:27:890am |_Wlctational Burcau _| Approved: ie Bual ~ | § 1 y arf« File Number: SAT—LOI—20111220—00242 Ewith condifions chiif Ecdellite Policy Branch Callsign/Satellite ID: $2849 ( APPLICATION FOR SATELLITE SPACE STATION AUTHORIZATIONS FCC Use Only FCC 312 MAIN FORM FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: 2011 Ka—Band/V—Band GSO FSS LOI for Jupiter 91 W —90.9 WL 1—8. Legal Name ofApplicant Name: Hughes Network Systems, LLC Phone Number: 301—428—5506 DBA Name: Fax Number: 301—428—2802 Street: 11717 Exploration Lane E—Mail: Steven.Doiron@hughes.com City: Germantown State: MD Country: USA Zipcode: 20876 Attention: Mr. Steven Doiron

Hughes Network Systems, LLC IBFS File No. SAT—LOIT—20111220—00242 Call Sign $2849 Attachment to Grant The Letter of Intent filed by Hughes Network Systems, LLC (Hughes), IBFS File No. SAT—LOTI— 20111220—00242,‘ to access the market in the United States using a proposed Ka— and V—band geostationary orbit (GSO) space station, Jupiter 91W (Call Sign $2849), which will operate under the authority of the United Kingdom at the 90.9° W.L. orbital location, is GRANTED." Accordingly, Hughes is granted access to the U.S. market to provide Fixed—Satellite Service (FSS) from the 90.9° W.L. orbital location using the 28.35—28.6 GHz, 29.25—29.5 GHz, and 29.5— 30.0 GHz (Earth—to—space) frequency bands and the 18.3—18.8 GHz, and 19.7—20.2 GHz (space— to—Earth) frequency bands on a primary basis, and the 47.2—50.2 GHz (Earth—to—space) and the 39.0—42.0 GHz (space—to—Earth) frequency bands on a co—primary basis. In addition, Hughes is granted U.S. market access to provide FSS using the 18.8—19.3 GHz (space—to—Earth) frequency bands on a non—interference basis, and the 28.6—29.1 GHz (Earth—to—space) frequency bands on a secondary basis. Hughes is also granted U.S. market access to use the following center frequencies for telemetry, tracking, and command (TT&C) operations for Jupiter 91W at 90.9° W.L.: 28351 MHz, 28353 MHz and 29998 MHz (Earth—to—space); and, 19700.5 MHz, 19702.5 MHz and 20199.5 MHz (space—to—Earth). Communications between U.S.—licensed earth stations and the Jupiter 91W space station must be in accordance with the terms, conditions, and technical specifications set forth in Hughes‘ Letter of Intent and the Federal Communications Commission‘s rules not waived herein, and are subject to the following conditions: 1. Jupiter 91W is not authorized to provide Direct—to—Home (DTH) service, Direct Broadcast Satellite (DBS) or Digital Audio Radio Service (DARS) to, from, or within the United States. 2. Jupiter 91W must be maintained with an east—west longitudinal station—keeping tolerance of + 0.05 degrees of the 90.9° W.L. orbital location. 3. Communications between U.S.—licensed earth stations and the Jupiter 91W space station shall comply with coordination agreements reached between the United Kingdom and other Administrations. 4. Hughes‘ request for a waiver of Footnote NG165 to Section 2.106 of the United States Table of Frequency Allocations, 47 C.F.R. § 2.106, to permit Hughes to operate its GSO FSS Jupiter 91W space station in the 18.8—19.3 GHz (space—to—Earth) frequency band on a non— ‘ The application was accepted for filing on February 24, 2012. See Policy Branch Information, Satellite Space Applications, Acceptedfor Filing, Public Notice, Report No. SAT—00847 (rel. Feb. 24, 2012). Iridium Satellite LLC filed comments and Hughes responded. Comments of Iridium Satellite LLC, filed Mar. 26, 2012; Reply Comments of Hughes Network Systems, LLC, filed Apr. 5, 2012; Reply of Iridium Satellite LLC, filed Apr. 17, 2012. Iridium‘s comments relate to the coordination between Iridium non—geostationary orbit (NGSO) Mobile Satellite Service earth stations and GSO FSS earth stations operating in the 29.25—29.3 GHz (Earth—to—space) frequency bands. See 47 C.E.R. §§ 25.203, 25.258. We address this point in condition number 19. * Hughes proposes to operate the Jupiter 91 W space station in both the Ka—band and V—band. Section 25.156(d)(3) of the Commission‘s rules provides that applications employing two or more service bands will be treated like separate applications for each band under the first—come, first—served processing queue. Hughes sought waiver of this provision to ensure joint processing of all portions of its application. We are acting on all portions of Hughes‘ application in this grant. As a result, we dismiss its request for waiver as moot.

Hughes Network Systems, LLC IBFS File No. SAT—LOI—20111220—00242 Call Sign $2849 Attachment to Grant conforming basis IS GRANTED. In the United States, the 18.8—19.3 GHz frequency band is limited to non—Federal, non—geostationary orbit (NGSO) FSS operations on a primary basis, with no designation for non—Federal GSO FSS operations. The 18.8—19.3 GHz frequency band is also allocated to Federal GSO and NGSO FSS operations on a primary basis. As a non—conforming user, Hughes must accept any interference from any non—Federal NGSO FSS system, any Federal GSO FSS or NGSO FSS system, or any grandfathered co—primary fixed service stations authorized to use the 18.8—19.3 GHz frequency band. In addition, Hughes must not cause harmful interference to any authorized non—Federal NGSO FSS system, any authorized Federal GSO FSS or NGSO FSS system, or any grandfathered co—primary fixed service stations, and must immediately cease operations upon notification of such harmful interference from its operations. 5. Hughes must coordinate its space—to—Earth operations in the 18.3—18.8 GHz and 19.7—20.2 GHz frequency bands with the U.S. Federal Systems, including Federal operations to earth stations in foreign countries, in accordance with footnote US334 to the United States Table of Frequency Allocations, 47 C.F.R. § 2.106. In addition to meeting the terms of the coordination agreement, the non—conforming Hughes GSO operations at 18.8—19.3 GHz must not cause harmful interference to, nor claim protection from, present and future Federal GSO and NGSO systems, non—Federal NGSO systems or any non—conforming services previously authorized on a non—harmful interference basis. 6. The power flux—density (PFD) at the Earth‘s surface produced by the emissions from the Jupiter 91W space station for all atmospheric conditions, and for all methods of modulation, in the 18.3—19.3 GHz and 19.7—20.2 GHz frequency bands (space—to—Earth), must not exceed a level of —119 dBW/m2/MHz at any angle of arrival." 7. Jupiter 91W‘s operations in the 18.3—19.3 GHz frequency band (space—to—Earth) are not entitled to protection from co—primary terrestrial services until the period during which the terrestrial Fixed Service stations remain co—primary has expired. 47 C.FER. § 25.145(g). 8. We grant Hughes a partial waiver of Section 25.114(c)(4)(iii) of the Commission‘s rules. Section 25.114(c)(4)(iii) requires applicants to identify which antenna beams are connected or switchable to each transponder and TT&C function. In its Letter of Intent, Hughes states that its Jupiter 91W satellite network has fifteen primary gateways and two primary backup gateways." Hughes has provided information on the interconnectivity between the fifteen primary gateway beams, for a total of 500 interconnections. Although we generally require applicants to provide technical information regarding interconnectivity for all antenna * Footnote US255 to the United States Table of Frequency Allocations, 47 C.F.R. 2.106, requires that the PFD across the 200 megahertz of the 18.6—18.8 GHz band not exceed —95 dBW/m*. Hughes proposes to operate the Jupiter 91 W space station with a maximum PFD of —119 dBW/m°/MHz in this band. This level corresponds to a maximum PFED of —95.99 dBW/m"/200 MHz. Consequently, Jupiter 1W‘s proposed operations meet the PFD limit in US255. Tupiter 91W‘s operations also meet other PFD limits for transmitting Ka—band space stations. See 47 C.F.R. §§ 25.138(a)(6), 25.208(c), 25.208(d) and 25.208(e). * SAT—LOA—20111223—00248, Narrative at 16.

Hughes Network Systems, LLC IBFS File No. SAT—LOI—20111220—00242 Call Sign $2849 Attachment to Grant beams in its systems, Hughes has stated that providing information on the remaining beams in its system would be unduly burdensome. Hughes also states that such information is unnecessary for purposes of beam interconnectivity analysis because these beams are associated with spare/redundant capacity associated with two backup gateways.5 In order to show the beam interconnectivity for the two backup gateway beams in the Schedule S form, there would be 1,000 additional beam interconnections. We have reviewed the information Hughes provided in its Letter of Intent and determined that it is sufficient to allow us to analyze Hughes‘ beam capacity. Accordingly, we grant Hughes a partial waiver of Section 25.114(c)(4)(iii) of our rules. 47 C.ER. § 25.114(c)(4)(iii). If Hughes brings the two backup gateways into use, Hughes must file with the Commission within 10 business days the interconnectivity information for these two gateways. 9. Jupiter 91W‘ s operations must not cause harmful interference to any non—Federal station authorized to operate on a primary basis in the 28.6—29.1 GHz frequency band, must accept any interference from these systems, and must terminate operations immediately upon notification of harmful interference. 10. The Jupiter 91W space station is added to the Ka—band Permitted List at the 90.9° W.L. orbital location for the 28.35—28.6 GHz, 29.25—30.0 GHz (Earth—to—space), and the 18.3— 18.8 GHz and 19.7—20.2 GHz frequency bands (space—to—Earth); however, until Hughes has completed coordination pursuant to Footnote US334 to the United States Table of Frequency Allocations, 47 C.F.R. § 2.106, and both the FCC and the National Telecommunications and Information Administration have approved the coordination, U.S.—licensed earth stations shall not communicate with the Jupiter 91W space station in the 18.3—18.8 GHz and 19.7—20.2 GHz frequency bands. See Revision ofPart 25 Establishment of a Permitted List Procedure for Ka— band Space Stations, Declaratory Order, 25 FCC Red 1542 (2010). 11. Operations of Jupiter 91W must abide by the terms specified in the Arrangement Between Canada and the United States on Principles to Govern the Use of the 37.5—42.5 GHz Band. A copy of the terms of the arrangement is attached to Federal Communications Commission, News Release, "FCC and Industry Canada Sign Arrangement on Principles Governing Use of 37.5—42.5 GHz Band" (rel. May 28, 2002).° 12. Jupiter 91W may not begin downlink operations in the 40.0—40.5 GHz frequency bands until it has successfully coordinated these operations with Federal Systems Space Research Service facilities, pursuant to Recommendation ITU—R SA 1396, "Protection Criteria for the Space Research Service in the 37—38 GHz and 40—40.5 GHz Bands." 13. Operations of Jupiter 1W in the 39.0—42.0 GHz band must be consistent with the PFD requirement of 47 C.F.R. § 25.208(q), (s), and (u) and Article 21 of the International Telecommunication Union Radio Regulations. * Id. at 16—17. ° Available at http:/Thraunfoss.fec.gov/edocs_public/attachmatch/DOC—222876A1 .pdf.

Hughes Network Systems, LLC IBFS File No. SAT—LOIT—20111220—00242 Call Sign $2849 Attachment to Grant 14. Communications between Jupiter 91W and U.S. licensed earth stations in the 39.0—40.0 GHz (space—to—Earth) frequency band is limited to communications with gateway earth stations in accordance with Footnote 15 of 47 C.F.R. § 25.202(a)(1). If the gateway earth station is located within an area for which a Part 101 license has been issued — Economic Area or grandfathered Rectangular Service Area — the earth station operator must either hold the Part 101 license or obtain agreement from the affected Part 101 licensee. If the U.S.—licensed gateway earth station is located within an area in which no Part 101 licenses have been issued, Hughes cannot claim protection from any future Part 101 licensees. 15. Hughes must coordinate Jupiter 91W‘ s operations in the 48.94—49.04 GHz band with radio astronomy stations operating on a co—primary basis in this band. 16. Section 25.202(g) of the Commission‘s rules requires FSS systems to operate their tracking, telemetry, and control links at the edges of the frequency bands in which they are providing service. The Jupiter 91W space station will conduct TT&C at the edge of the Ka—band and not in the V—band. To the extent necessary, Hughes seeks waiver of Section 25.202(g), to allow it to operate TT&C in the Ka—band alone and not in the V—band. In space stations with two service bands, we have not required operators to deploy TT&C in both service bands. Thus, Hughes request for a waiver is unnecessary. 17. This grant of market access and all conditions contained herein are subject to the outcome of the Commission‘s rulemaking in IB Docket No. 97—95, Allocation and Designation of Spectrum for Fixed—Satellite Services in the 37.5—38.5 GHz, 40.5—41.5 GHz and 48.2—50.2 GHz Frequency Bands; Allocation of Spectrum to Upgrade Fixed and Mobile Allocations in the 40.5— 42.5 GHz Frequency Band; Allocation of Spectrum in the 46.9—47.0 GHz Frequency Bandfor Wireless Services; and Allocation of Spectrum in the 37.0—38.0 GHz and 40.0—40.5 GHz for Government Operations, and any requirements subsequently adopted therein. 18. This grant of market access shall become effective upon Hughes filing in the public record in this proceeding: (1) a copy of an authorization under the United Kingdom Outer Space Act for the space operations of Jupiter 91 W, and; (2) evidence that relevant United Kingdom authorities have committed to register the satellite with the United Nations pursuant to the terms of the Convention on Registration of Objects Launched into Outer Space. 19. Hughes, when designing its Jupiter 91W satellite network, is reminded to take into consideration the earth station coordination obligations for shared bands. 47 C.F.R. §§ 25.203, 25.258. 20. This grant of market access for the Jupiter 91W space station at the 90.9° W.L. orbital location will be null and void with no further action on the Commission‘s part if the space station is not constructed, launched, and placed into operation in accordance with the milestone schedule in Section 25.164 and bond requirement in Section 25.165 of the Commission‘s rules following the date of grant:

Hughes Network Systems, LLC IBFS File No. SAT—LOI—20111220—00242 Call Sign $2849 Attachment to Grant a. Hughes must file a bond with the Commission in the amount of $3 million, pursuant to the procedures set forth in 47 C.F.R. § 25.165, within 30 days of this grant of U.S. market acesss (August 31, 2012); b. Enter into a binding contract for construction within one year (August 1, 2013); c. Complete the Critical Design review within two years (August 1, 2014); d. Commence construction within three years (August 1, 2015); and e. Launch and begin operations within five years (August 1, 2017). 21. Operations under this grant of market access are conditioned on compliance with the orbital debris mitigation plan provided for Jupiter 91W by Hughes in its Letter of Intent. In the event that the orbital debris mitigation plan for Jupiter 91W changes, Hughes must file, as a modification, no later than ten business days after completion of Critical Design Review, a revised orbital debris mitigation plan for the space station. #wA Hughes is afforded 30 days from the date of this action to decline this grant of U.S. market access, as conditioned. Failure to respond within this period will constitute formal acceptance of the grant, as conditioned. 23. This action is taken pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective immediately. Petitions for Reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission‘s rules, 47 C.F.R. §§ 1.106 and 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken. File #_SAT— LOT—2011 12 20—Co242, Call Sign $28%49 Grant Date O§/C\/12. I (or other identifier) | { Sec Term Dates | it aX ; From cond('fions To: VTEFPY wScNd.., es Fuxthondfisng cau word® TOvCd Lull Sfefie¢ J. Duall _ Chief, Sectellife Alicg Branch

9—16. Name of Contact Representative Name: Stephen D. Baruch/David S. Keir Phone Number: 202—429—8970 Company: Lerman Senter PLLC Fax Number: 202—293—7783 Street: 2000 K Street, NW E—Mail: sbaruch@lermansenter.com Suite 600 City: Washington State: DC Country: USA Zipcode: 20006 —1809 Attention: Relationship: Legal Counsel CLASSIFICATION OF FILING 17. Choose the buttonnext to the b. classification that applies to thisfiling for «3 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 a. (N/A) b5. Assignment of License or Registration (N/A) al. Earth Station (N/A) b6. Transfer of Control of License or Registration t a2. Space Station (N/A) b7. Notification of Minor Modification (N/A) b8. Application for License of New Receive—Only Station Using Non—U.S. Licensed Satellite @ b9. Letter of Intent to Use Non—U.S. Licensed Satellite to Provide Service in the United States g£4 b10. Replacement Satellite Application — no new frequency bands £3 b11. Replacement Satellite Application — new frequency bands (Not eligible for streamlined processing) C b12. Petition for Declaratory Ruling to be Added to the Permitted List (N/A) b13. Other (Please specify)

17¢. Is a fee submitted with this application? <34 IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). «3 Governmental Entity g*3 Noncommercial educational licensee @ Other(please explain): Letter of Intent &#8722; No Fee Required 17¢. Fee Classification BNY — Space Station (Geostationary) 18. If this filing is in reference to an existing station, enter: (a) Call sign of station: Not Applicable 19. If this filing is an amendment to a pending application enter: (a) Date pending application was filed: (b) File number of pending application: Not Applicable Not Applicable

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: E a. Fixed Satellite D b. Mobile Satellite D c. Radiodetermination Satellite D d. Earth Exploration Satellite D e. Direct to Home Fixed Satellite E] £. Digital Audio Radio Service D g. Other (please specify) 21. STATUS: Choose thebutton next to the applicable status. Choose 22. If earth station applicant, check all that apply. only one. Not Applicable C3 Common Carrier @ Non—Common Carrier 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 C3 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). D a. C—Band (4/6 GHz) D b. Ku—Band (12/14 GHz) E c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: 18300.0000 Frequency Upper: 30000.0000 (Please specify additional frequencies in an attachment)

TYPE OF STATION 25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one. (N/A) a. Fixed Earth Station (N/A) b. Temporary—Fixed Earth Station (N/A) c. 12/14 GHz VSAT Network (N/A) d. Mobile Earth Station @ e Geostationary Space Station. gr4 £. Non—Geostationary Space Station CE Other (please specify) 26. TYPE OF EARTH STATION FACILITY: Not Applicable PURPOSE OF MODIFICATION 27. The purpose of this proposed modification is to: (Place an "X" in the box(es) next to all that Not Applicable apply.) 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 1.13077? IfYES, 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 OWNERSHIP Earth 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 govemment? «3 Yes @ No: 30. Is the applicant an alien or the representative of an alien? «3 Yes @No 3 N/A 31. Is the applicant a corporation organized under the laws of any foreign government? y Yes @No 53 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 N/A aliens or their representatives or by a foreign government or representative thereof or by any corporation organized 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 £#, N/A one—fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign 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? @ Ye {, No IfYes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents. Question 35 36. Has the applicant or any party to this application or amendment had any FCC station authorization or license @ Yes 3 No revoked or had any application for an initial, modification or renewal of FCC station authorization, license, or construction permit denied by the Commission? IfYes, attach as an exhibit, an explination of circumstances. Question 36 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? IfYes, 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? IfYes, 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 4; 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 Question 40 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 fy 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 &quot;party to the application&quot; for these purposes. 42a. Does the applicant intend to use a non—U.S. licensed satellite to provide service in the United States? IfYes, @ Yes y 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? United Kingdom

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.) Letter of Intent seeking to use a satellite authorized by the United Kingdom to access the United States market using the Ka&#8722;band at the 90.9 degrees W.L. orbital location. See Attachment. Letter of Intent 43a. Geographic Service Rule Certification @ A By selecting A, the undersigned certifies that the applicant is not subject to the geographic service or geographic coverage requirements specifiedin 47 C.F.R. Part 25. p B By selecting B, the undersigned certifies that the applicant is subject to the geographic service or geographic coverage requirements specified in 47 C.F.R. Part 25 and will comply with such requirements. 4 C By selecting C, the undersigned certifies that the applicant is subject to the geographic service or geographic coverage requirements specified in 47 C.F.R. Part 25 and will not comply with such requirements because it is not feasible as a technical matter to do so, or that, while technically feasible, such services would require so many compromises in satellite design and operation as to make it economically unreasonable. A narrative description and technical analysis demonstrating this claim are attached. Completed Schedule S 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.

44. Applicant is a (an): (Choose the button next to applicable response.) C Individual C Unincorporated Association (o] Partnership C Corporation e Governmental Entity @, Other (please specify) Limited Liability Company 45. Name of Person Signing 46. Title of Person Signing Steven Doiron Senior Director, Regulatory Affairs 47. Please supply any need attachments. 1: Question 24 2: 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). Completed Schedule S 10

FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT The public reporting for this collection of information is estimated to average 0.25 — 24 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@fec.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. 11


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Document Modified: 2012-08-01 14:39:09
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