Attachment Grant

Grant

DECISION submitted by FCC

Grant

2009-07-29

This document pretains to SES-STA-20090727-00918 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2009072700918_727522

E000322 SES—STA—20090727—00918 182009002047 Americom Government Services, Inc. Approved by OMB 3060—0678 APPLICATION FOR EARTH STATION SPECIAL TEMPORARY AUTHORITY APPLICANT INFORMATIONEnter a description of this application to identify it on the main menu: STA for transfer of control of Americom Government Services, Inc. from SES Americom, Inc. 1. Applicant Name: Americom Government Services, Phone Number: 703—610—0990 Inc. DBA Name: Fax Number: 703—610—1030 Street: 2010 Corporate Ridge, Suite 600 E—Mail: michael.cade@americom—gs.com City: McLean State: VA Country: USA Zipcode: 22102 — Attention: Michael F. Cade mc +SCG<SR2cto721 004/% _

2. Contact Name: Michael F. Cade Phone Number: > 703—610—0990 Company: Fax Number: 703—610—1030 Street: 2010 Corporate Ridge E—Mail: michael.cade@americom—gs.com Suite 600 City: McLean State: VA Country: USA Zipcode: 22102 — Attention: Michael F. Cade Relationship: (If your application is related to an application filed with the Commission, enter either the file number or the IB Submission ID of the related application. Please enter only one.) 3. Reference File Number or Submission ID 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 1.1114). C3 Governmental Entity C Noncommercial educational licensee «34 Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request C3 Use Prior to Grant £3 Change Station Location @ Other 6. Requested Use Prior Date

7. City 8. Latitude (dd mm ss.s h) 0 0 0.0 9. State 10. Longitude (dd mm ss.s h) 0 0 0.0 11. Please supply any need attachments. Attachment 1: Exhibits 1 & 2 Attachment 2: Attachment 3: 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.) This application seeks temporary authority for SES Americom, Inc. to transfer control of Americom Government Services, Inc. pending action on the parties‘ request for reqular authority for the proposed transfer of control. 13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is Yes £y 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. 14. Name of Person Signing 15. Title of Person Signing Robert T. Osterthaler President and CEO 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).

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 PRA@fce.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.

Application for Earth Station Special Temporary Authority Exhibit 1 Page 1 of 1 EXHIBIT 1: LIST OF AUTHORIZATIONS CALL CITY, STATE LATITUDE LONGITUDE CLASS OF STATION SIGN E010271 CHARLOTTESVILLE, VA 38° & 19.0" N 78° 27 10.0" w T/R FIXED EARTH STATION KD26 EDWARDS AFB, CA 34° 57‘ 31.0" N 117° 54‘ 45.0" W T/R FIXED EARTH STATION E980347 FORT BELVOIR, VA 38° 43‘ 30.0" N 77° 8‘ 43.0" W T/R FIXED EARTH STATION E960490 FORT BELVOIR, VA 38° 43‘ 30.0" N 77° 8‘ 43.0" W T/R FIXED EARTH STATION E010257 FT. BELVOIR, VA 47° 43‘ 30.0" N 77° §‘ 43.0" W T/R FIXED EARTH STATION E010093 FT. BELVOIR, VA, 38° 43‘ 30.0" N 77° 8‘ 42.0" W T/R FIXED EARTH STATION E020276 FORT BRAGG, NC 35° 16‘ 35.0" N 78° 58‘ 52.0" W T/R FIXED EARTH STATION EO30118 FORT BRAGG, NC 35° 9‘ 37.2" N 78° 59‘ 21.3" W T/R FIXED EARTH STATION E000322 FORT HUACHUCA, AZ 42° 36‘ 0.0" N 110° 21‘ 0.0" W T/R FIXED EARTH STATION E010094 FORT LEWIS, WA 47° 5‘ 53.0" N 122° 33‘ 36.0" W T/R FIXED EARTH STATION E980162 FAIRBANKS, AK 64° 58‘ 26.0" N 147° 30‘ 48.4" W T/R FIXED EARTH STATION KA314 GREENBELT, MD 38° 59‘ 56.0" N 76° 50‘ 24.0" W T/R FIXED EARTH STATION E872122 GREENBELT, MD 38° 59‘ 55.0" N 76° 50‘ 24.0" W T/R FIXED EARTH STATION E990427 GREENBELT, MD 38° 59‘ 57.0" N 76° 50‘ 21.0" W T/R FIXED EARTH STATION WB74 GREENBELT, MD 38° 59° 56.0" N 76° 50 24.0" W T/R FIXED EARTH STATION KF40 HARRIS, TX 29° 33‘ 38.0" N 95° 5°10.0" W T/R FIXED EARTH STATION KA293 PASADENA, CA 34° 12‘ 11.0" N 118° 10‘ 19.0" W T/R FIXED EARTH STATION KA292 PASADENA, CA 34° 12‘ 11.0" N 118° 10‘ 19.0" W T/R FIXED EARTH STATION E873528 KAENA POINT, HI 21° 33‘ 50.0" N 158° 14‘ 28.0" W T/R FIXED EARTH STATION WP75 BREVARD, FL 28° 31‘ 37.0" N 80° 39‘ 28.0" W T/R FIXED EARTH STATION E930090 TAMPA, FL 27° 50‘ 58.0" N §2° 28‘ 45.0" W T/R FIXED EARTH STATION E850154 HUNTSVILLE, AL 34° 39‘ 21.0" N 86° 40‘ 18.0" W T/R FIXED EARTH STATION E080190 MCLEAN, VA 38° 54‘ 42.8" N 77° 12‘ 54.4" W T/R FIXED EARTH STATION E060407 CAROLINA, PR 18° 25‘ 52.6" N 65° 59‘ 37.6" W T/R FIXED EARTH STATION E859658 AMES, CA 37° 25‘ 21.0" N 122° 3‘ 38.0" W T/R FIXED EARTH STATION E910001 GOLDSTONE, CA 35° 25 27.0" N 116° 53‘ 20.0" W T/R FIXED EARTH STATION KD42 GOLDSTONE, CA 35° 20‘ 27.0" N 116° 52‘ 24.0" W T/R FIXED EARTH STATION E872652 NEW BOSTON, NH 42° 56‘ 44.3" N 71° 3743.3" W T/R FIXED EARTH STATION KF24 BELLEVUE, NE 41° 7 56.0" N 95° 55‘ 2.0" W T/R FIXED EARTH STATION KH8O SUNNYVALE, CA 37° 24‘ 11.0" N 122° 1‘ 42.0" W T/R FIXED EARTH STATION E940106 FALCON AFB, CO 38° 47‘ 42.0" N 104° 31‘ 3.0" W T/R FIXED EARTH STATION E940141 FALCON AFB, CO 38° 47‘ 42.0" N 104° 31‘ 4.0" W T/R FIXED EARTH STATION E860942 FALCON AFB, CO 38° 4745.0" N 104° 31‘ 0.0" W T/R FIXED EARTH STATION E950006 WAHIAWA, HI 21° 31‘ 12.0" N 158° 0‘ 30.0" W T/R FIXED EARTH STATION E930073 KEY WEST, FL 24° 33‘ 49.0" N 81° 43‘ 42.0" W T/R FIXED EARTH STATION KE27 MONTEREY, CA 36° 35‘ 34.0" N 121° 51‘ 5.0" W T/R FIXED EARTH STATION E050252 SUITLAND, MD 38° 51‘ 5.8" N 76° 56‘ 12.2" W T/R FIXED EARTH STATION KMS7 WHITE SANDS, NM 32° 30‘ 9.0" N 106° 36‘ 34.0" W T/R FIXED EARTH STATION WE6GO WALLOPS ISLAND, VA 37° 56‘ 46.0" N 75° 27 43.0" W T/O FIXED EARTH STATION E890254 CONUS 00° 00‘ 00.0" 00° 00‘ 00.0" VSAT REMOTE TERMINAL E890255 CONUS 00° 00‘ 00.0" 00° 00‘ 00.0" VSAT REMOTE TERMINAL

Application for Earth Station Special Temporary Authority Exhibit 2 Page 1 of 2 EXHIBIT 2; JUSTIFICATION FOR SPECIAL TEMPORARY AUTHORITY By this consolidated application, Americom Government Services, Inc. ("AGS") seeks special temporary authority ("STA") for a period of 60 days commencing no later that July 30, 2009, for the transfer of control of the AGS earth station licenses listed on Exhibit 1. STA is sought pending Commission action on the applications of AGS and SES Americom, Inc. ("SES Americom," and with AGS, the "Parties") for Commission consent to the transfer of control of the AGS earth stations, File Nos. SES—T/C—INTR2009—02041 and —02042 (the "Transfer Applications"). As explained in the Transfer Applications, the transfer of control of the AGS licenses will take place pursuant to an agreement (the "Proxy Agreement") to be executed by AGS, SES Americom, and certain affiliated entities with the U.S. Department of Defense ("DoD"), acting through the Defense Security Service ("DSS"). The Proxy Agreement will givé designated individuals (the "Proxy Holders") the right to direct the management and operation of AGS. The Proxy Agreement will not change the ownership of AGS, which is and will remain a wholly—owned subsidiary of SES Americom. The Transfer Applications provide full information regarding the Proxy Holders who will acquire control of AGS under the Proxy Agreement. Grant of STA for this transfer of control is consistent with Section 25.120 of the Commission‘s rules and will serve the public interest. As set forth in the Transfer Applications, the Proxy Agreement has been negotiated with the DoD in accordance with the National Industrial Security Program Operating Manual ("NISPOM") to meet DoD‘s national security objectives. AGS holds a Facility Security Clearance and has contracts with agencies of the U.S. Government that include contracts involving sensitive and classified information. The NISPOM specifies that entities with Facility Security Clearances must be insulated from foreign ownership, control and influence, and entities under foreign control are typically prohibited from having access to classified information. The Proxy Agreement addresses these issues by providing for control of AGS by individuals who are independent of SES Americom and its affiliates. The measures to be put in place through the Proxy Agreement will comply with the DoD‘s standards for protection of sensitive information and ensuring the independence of AGS from its foreign—owned and controlled parent company and affiliates. DoD has determined that the provisions of the Proxy Agreement conform to NISPOM and are necessary for the United States to protect itself against the unauthorized disclosure of information relating to the national security. Under the terms of the Proxy Agreement, the steps by AGS and SES Americom required to grant the Proxy Holders control of AGS are scheduled to occur on July 30. However, negotiation of the terms of the Proxy Agreement was only recently finalized. Pending finalization, a number of issues, including the identity of the Proxy Holders, remained uncertain. As a result, the Parties were not in a position to file applications for underlying authority for the transfer of control sufficiently in advance of the July 30 date to avoid the need for an STA. Absent grant of an STA, the Parties would be required to defer putting into effect the measures that DoD has concluded are necessary to insulate AGS from foreign control and to

Application for Earth Station Special Temporary Authority Exhibit 2 Page 2 of 2 protect sensitive data related to national security. Such a delay would clearly prejudice the strong public interest objectives underlying the DoD‘s decision to require a Proxy Agreement with respect to AGS. Accordingly, AGS respectfully requests that the Commission grant STA on an expedited basis to allow the Proxy Holders to acquire control of AGS as scheduled on JTuly 30.


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Document Modified: 2019-04-23 22:56:32
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