Attachment SES Americom - Grant

This document pretains to SAT-RPL-20121228-00227 for Replacement Application on a Satellite Space Stations filing.

IBFS_SATRPL2012122800227_1082388

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Date & Time Filed: Dec28 2012 7:11:46:260PM
File Number: SAT-RPL-20121228-00227
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                                                                          CH                   DtV(IQ
                      APPLICATION FOR SATELLITE SPACE STATION AUTHORIZATIONS              FCC Use 0niy
                                         FCC 312 MAIN FORM
                                       FOR OFFICIAL USE ONLY

APPLICANT INFORMATION
Enter a description of this application to identify it on the main menu:
SES-3 Application to Replace AMC-1 at 1O3WL
    1-8. Legal Name of Applicant                                                      -
             Name:        SES Americom, Inc.                Phone Number:         202-478-7137
            DBA Name:                                       Fax Number:           202-478-7101
            Street:       1129 20th Street NW               E-Mail:               daniel.mah@ses.com
                          Suite 1000
            City:         Washington                        State:                DC
            Countiy:       USA                              Zipcode:              20036      -
            Attention:    Mr Daniel C.H. Mah




1


                                      Attachment to Grant
                IBFS File Nos. SAT-RPL-20121228-00227, SAT-AMD-2013 1113-00132
                                         Call Sign S2892

The application of SES Americom, Inc. (SES Americom) to operate the SES-3 satellite as a replacement
for the AMC-l satellite (Call Sign S2445) at the 103° W.L. orbital location, IBFS File No. SAT-RPL-
20121228-00227, as amended by TBFS File No. SAT-AMD-20131113-00132, IS GRANTED.1
Accordingly, SES Americom is authorized to provide Fixed-Satellite Services (FSS) via SES-3 at the
103° W.L. orbital location in the 3700-4200 MHz (space-to-Earth), 5925-6425 MHz (Earth-to-space),
11.7-12.2 GHz (space-to-Earth), and 14.0-14.5 GHz (Earth-to-space) frequency bands. SES Americom is
also authorized to conduct telemetry, tracking and command (TT&C) operations and operate two Ku-
band beacons at 103° W.L. with the following center frequencies: 3700.5 MHz, 4199.5 MHz, 11701.0
MHz, 12199.0 MHz (space-to-Earth), 6423.5 MHz, and 14499.0 MHz (Earth-to-space). Operations
under this authorization must be in accordance with the technical specifications set forth in SES
Americom's application and Federal Communications Commission (Commission) rules not waived
herein, and are subject to the following conditions:

         SES Americom shall prepare the necessary information, as may be required, for submission to the
         International Telecommunication Union (ITU) to initiate and complete the advance publication,
         international coordination, due diligence, and notification process of this space station, in
         accordance with the ITU Radio Regulations. SES Americom shall be held responsible for all
         cost-recovery fees associated with ITU filings. We also note that no protection from interference
         caused by radio stations authorized by other administrations is guaranteed unless coordination
         and notification procedures are timely completed or, with respect to individual administrations,
         by successfully completing coordination agreements. Any radio station authorization for which
         coordination has not been completed may be subject to additional terms and conditions as
         required to effect coordination of the frequency assignments of other administrations. See 47
         C.F.R. § 25.111(b).

    2.   SES Americom must operate SES-3 at the 103° W.L. orbital location in compliance with all
         existing or future coordination agreements for this location.

    3. While at the 103° W.L. orbital location, SES Americom must maintain the SES-3 space station
       with an east/west longitudinal station-keeping tolerance of+ 0.05 degrees.

    4.   SES Americom is granted a waiver of Section 25.113(g), 47 C.F.R. § 25.113(g), which requires
         that a "launch authorization and station license (i.e., operating authority) must be applied for and
         granted before a space station may be launched and operated in orbit." SES Americom did not
         seek replacement authority for AMC-l prior to launching SES-3 in 2011. However, the
         operations of SES-3 in the period after the satellite's launch have not resulted, and based on the
         conditions adopted herein, will not result, in any adverse effects on U.S. interests. Therefore, the
         prior approval requirement of Section 25.113(g) would not be subverted by, and is not an
         impediment to, granting operating authority to SE S-3.

    5.   Nothing in this order changes the license term for SES-3 which expires on June 30, 2025.2



  This application was placed on Public Notice as Accepted for filing on November 15, 2013. See Policy Branch
Information, Satellite Space Applications Accepted for Filing, Public Notice, Report No. SAT-00843 (IBFS File No.
SAT-RPL-20121228-00227). This application was partially granted to authorize limited operation of the SES-3
satellite. SESAniericom, Inc., Order, 29 FCC Rcd 3678 (Int'l Bur. rel. Apr. 4, 2014) (IT&C Order). DIRECTV,
LLC filed a Petition to Deny or Defer the Application but subsequently withdrew that request on April 2, 2015.
2 TT&C Order, 29 FCC Rcd at 3681-82, ¶ 7, 12.


                                  Attachment to Grant
            IBFS File Nos. SAT-RPL-20121228-00227, SAT-AMD-20131 113-00132
                                     Call Sign S2892

6. The SES-3 satellite is also capable of operating in the 17.3-17.8 GHz (space-to-Earth) and 24.75-
   25.25 GHZ (Earth-to-space) frequency bands, and operations in these bands are authorized by
   Industry Canada. The Commission has exchanged letters with Industry Canada to ensure a
   mutual understanding regarding the operations of SES-3. The understandings, and factual
   background for these understandings, are provided in Appendix A and are material considerations
   for this authorization. In addition, operations of SES-3 in the 17/24 GHz frequency bands are
   subject to any Commission and Industry Canada arrangements concerning radiofrequency
   compatibility. With respect to Paragraph 3.2 of the Minutes of the 13th Plenary Meeting of WRC-
   12 (as set out in ITU Circular Letter CR1333), the Commission does not object to use of the SES-
   3 satellite for ensuring that frequency assignments of the Canadian Administration at 103° W.L.
   continue in use.

7.   SES Americom is afforded 30 days from the date of release of this grant and authorization to
     decline this authorization as conditioned. Failure to respond within this period will constitute
     formal acceptance of the authorization as conditioned.

     This action is issued pursuant to Section 0.26 1 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 of the Commission's rules or applications for reconsideration under Section 1.115 of the
     Commission's rules, 47 C.F.R. § 1.106, 1.115, may be filed within 30 days of the public notice
     indicating that this action was taken.



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    9-16. Name of Contact Representative
            Name:           Karis A. Hastings                     Phone Number:                        202-599-0975
            Company:        SatCom Law LLC                        Fax Number:
             Street:         1317 F Street, N.W.                  E-Mail:                              karis@satcornlaw.com
                            Suite 400
            City:           Washington                            State:                                DC
             Country:        USA                                  Zipcode:                             20004      -



            Attention:                                            Relationship:                        Legal Counsel


CLASSIFICATION OF FILING
17. Choose the buttonnext to the                  b.
classification that applies to thisfiling for   0 b 1. 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
      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
                                                    blO. Replacement Satellite Application - no new frequency bands
                                                    b 11. Replacement Satellite Application - new frequency bands (Not eligible for streamlined
                                                processing)
                                                o b12. Petition for Declaratory Ruling to be Added to the Permitted List
                                                (N/A) b13. 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 rj Noncommercial educational licensee
0 Other(please explain):

17c. 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:

    a. Fixed Satellite
    b. Mobile Satellite
    c. Radiodetermination Satellite

O d. Earth Exploration Satellite
    e. Direct to Home Fixed Satellite
    f. Digital Audio Radio Service

U   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
   0 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:
       o Com-iected 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.)
           Frociucncy Lower:    Frequency Upper: (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. Geostationaiy Space Station.

    o Non-Geostationary Space Station
       •




    o g. Other (please specify)

26. TYPE OF EARTH STATION                FACILITY: Not Applicable
PTJRPOSE OF MODIFI


 27. The purpose of this proposed modification is to: (Place an XI' in the box(es) next to all that     Not Applicable
 apply.)


                                CY


 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? 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.


5


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   0 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       0 Yes       No   0 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   Exhibit A
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
revoked or had any application for an initial, modification or renewal of FCC station authorization, license, or
                                                                                                                         o   Yes   No

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
                                                                                                                         Q
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
matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances.
                                                                                                                         o   Yes    No


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   Exhibit B
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.




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.)
      SES Americom, Inc. seeks authority to operate SES-3 in the C- and Ku-bands to replace AMC-
      1 at 103 deg. W.L.



    Narr and Tech App


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.


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.
                                                                                                                              oc
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.




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.)


 o Individual
 rj Unincorporated Association

 o Partnership
 ®    Corporation

 o Govermnental Entity
 o Other (please specify)
45. Name of Person Signing                                                 46. Title of Person Signing
Daniel C.H. Mah                                                            Regulatory Counsel
47. Please supply any need attachments.
 1:                                                2:                                               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)(l)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).



Completed Schedule S




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Document Modified: 2015-04-02 14:38:19

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