1
EXHIBIT 10.3
2
EXHIBIT 10.3
CERTAIN CONFIDENTIAL MATERIAL CONTAINED IN THIS DOCUMENT HAS BEEN OMITTED AND
FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE
406 OF THE SECURITIES ACT OF 1933, AS AMENDED.
DOMESTIC DATA SERVICE AGREEMENT
This Domestic Data Service Agreement (the "Agreement") is made and
entered into this 30 day of May, 1991, by and between Alpha Lyracom Space
Communications, Inc. ("Alpha Lyracom") a Delaware corporation, and IMPSAT, S.A.
organized and existing under the laws of Argentina, ("IMPSAT" or "Customer").
1. This Agreement applies to the provision of Domestic Data Space
Segment Service as defined herein and pursuant to the Terms and Conditions for
Data Service set forth in Appendix A hereto, (the "Service"). IMPSAT shall
operate uplink and/or downlink earth stations between Buenos Aires and various
receive sites primarily within Argentina, as specified in paragraph 2 of this
Agreement and meeting the Operational Requirements set forth in Appendix B
hereto.
2. Alpha Lyracom agrees to provide and IMPSAT agrees to accept Service
from C-band capacity in the Latin Beam of the PAS-1 Satellite, in accordance
with the Service Specifications set forth in Appendix B, as applicable, and
paragraph 7. The capacity will accommodate the equivalent of 40 full duplex 64
kbps channels, based on IMPSAT's use of a 6.1 meter master earth station with a
minimum G/T of 26.2 dB/K in Buenos Aires and 3.7 meter remote stations with a
minimum G/T of 19.7 dB/K within the -6
3
dB contour of Transponder 13, according to satellite EIRP and bandwidth
allocations specified in paragraph 7 below.
3. The Service shall be used primarily for communications within
Argentina. IMPSAT warrants that it has all the necessary authorizations to enter
into this Agreement and accept the Service in Argentina.
4. The term of this Agreement (the "Term") shall commence upon the
first date above written and shall terminate at the end of the life of the
satellite, estimated at December 31, 2001, unless otherwise terminated, in
accordance with Section 8 of Appendix A. The "Service Term" of this Agreement
shall start on or before December 1, 1991 (the "Service Date") and end on the
same date as the Term.
5. For each month of the Service Term beginning on the Service Date,
IMPSAT agrees to pay a Monthly Service Fee of [
]* IMPSAT shall deposit with Alpha Lyracom [ ]*
which shall be due and payable on or before execution of this Agreement, (the
"Deposit"). The Deposit shall be applied to the Monthly Service fee for the
first and second months of the Service Term. Monthly Service Fees are payable in
advance, in accordance with Section 4 of Appendix A.
6. The Monthly Service Fees due from IMPSAT shall be guaranteed by a
revolving standby letter of credit. This shall be an irrevocable confirmed
letter of credit in a form acceptable to Alpha Lyracom and in an
2
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
4
amount [ ]* delivered to Alpha Lyracom on or before
the Service Date. If Alpha Lyracom draws against the letter of credit for
failure of payment by IMPSAT, IMPSAT shall provide a replacement letter of
credit in the same amount.
7. The attached Table 1 contains the transmission parameters for the
IMPSAT Service. The bandwidth and EIRP specifications are based on the
assumption that the Service is designed to accommodate 40 full-duplex 64 kbps
links between a 6.1m hub in Buenos Aires and an unspecified number of 3.7m
remote stations that lie on or within the - 6dB downlink gain contour of
Transponder 13.
8. Alpha Lyracom will provide IMPSAT with a nominal carrier
transmission plan within 30 days of signing of the Service Agreement. This
nominal transmission plan is to accommodate a total of forty 64 kbps full-duplex
data links between a 6.1m Hub in Buenos Aires and a maximum of forty 3.7m remote
stations that lie within the -6 dB downlink gain contour of transponder 13. The
6.1m hub will have a minimum G/T of 26.2 dB/K and the remote 3.7m stations will
have a minimum G/T of 19.7 dB/K. QPSK R1/2 sequential decoding modems having a
maximum C/N requirement of 5.3 dB at a BER of 10-7 will be employed on all
links.
9. Alpha Lyracom will revise the nominal carrier transmission plan in
a timely matter upon receipt of information from IMPSAT concerning the location
of its remote stations.
3
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
5
10. Subject to prior approval by Alpha Lyracom, IMPSAT may change the
transmission plan to accommodate other carrier sizes, transmission parameters or
other earth station sizes or locations within Argentina, as indicated in
Paragraph 13 below
11. Any deviation from the nominal carrier transmission plan must be
submitted to Alpha Lyracom for its review and approval prior to implementation.
However Alpha Lyracom shall work with IMPSAT to devise a procedure to simplify
and expedite the above mentioned process.
12. IMPSAT agrees to fully comply with all Operations Requirements set
forth in Appendix B, including the requirement to change carrier power levels
and center frequencies whenever such changes are deemed necessary by Alpha
Lyracom to aviod harmful interference.
13. IMPSAT may utilize carriers of 32 kbps, 48 kbps, 64 kbps or 128
kbps data rates, other earth station sizes, or operate from locations outside
the Reference Contour within Argentina, as long as these changes can be
accommodated within the assigned capacity and power allocations set forth in
this Agreement and in compliance with the procedures established by Alpha
Lyracom. It is essential that IMPSAT submit in writing a proposed carrier
frequency plan, which shall be subject to Alpha Lyracom's prior review and
approval based upon standard engineering practice in the industry, at Alpha
Lyracom's sole discretion.
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6
14. The following Appendices, attached hereto are included and form
part of this Agreement.
A. Terms and Conditions for Data Service
B. Service Specifications and Operational Requirements Applicable to
Alpha Lyracom's C-band Digital Transmission Service (Latin Beam)
C. Separate Systems Requirements of the United States Federal
Communications Commission
D. Definitions
IN WITNESS WHEREOF, each of the parties hereto has duly executed and
delivered this Agreement as of the day and year first written above.
ALPHA LYRACOM SPACE IMPSAT S.A.
COMMUNICATIONS, INC.
By:_______________________________ By:________________________________
Xxxxxxxx X. Northland Xxxxxxx Xxxxxxxxx
Vice President/Data Services Chairman
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7
Table 1 - IMPSAT Transmission Parameters
Allocated Bandwidth [ ]* MHZ Note (1)
Available EIRP
Buenos Aires [ ]* DBW Note (2)
Reference Contour [ ]* DBW Note (2), (3)
IMPSAT Aggregate Operating Flux Density
Buenos Aires [ ]* DBW/m2 Note (4)
Reference Contour [ ]* DBW/m2 Note (4), (3)
Receiving System
Sensitivity (G/T)
Buenos Aires [ ]* dB/K Note (5)
Reference Contour [ ]* DBW/K Note (5), (3)
Intermod EIRP Density
Buenos Aires [ ]* DBW/Hz Note (6)
Reference Contour [ ]* DBW/Hz Note (6), (3)
Co-Channel C/l
Buenos Aires [ ]* Db Note (7)
Reference Contour [ ]* Db Note (7), (3)
Uplink Frequency Range
Minimum [ ]* Mhz
Maximum [ ]* Mhz
Up1ink Polarization Vertical
Downlink Frequency Range
Minimum [ ]* Mhz
Maximum [ ]* Mhz
Downlink Polarization Vertical
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
8
Figure 1 (Notes to Table 1)
9
Notes To Table 1
1. A minimum guard band must be provided at each end of the allocated [ ]*
MHZ which is equal to 5% of the bandwidth of the carrier adjacent to
that band edge.
2. The available EIRP is based on a nominal transponder output backoff of
[ ]* dB.
3. The "Reference Contour" is the [ ]* dB downlink gain contour shown in
Figure 1.
4. The operating flux density is the maximum aggregate power flux density
incident on the satellite from all of IMPSAT's earth stations. The
value shown is based on a nominal transponder input backoff of [ ]*
dB. The actual operating flux density win vary depending upon the
loading of the entire transponder. Under no circumstance may the
actual aggregate operating flux density of IMPSAT's carriers exceed
the level which would result in a aggregate downlink EIRP in excess
of the "Available EIRP" shown in this table*.
5. The receiving system sensitivity (G/T) is the ratio of the satellite
antenna gain in the direction of the specified location and the system
noise temperature.
6. The intermod noise density shown is the expected average density
over the total Allocated Bandwidth. The peak intermod density
may exceed this average value by up to [ ]* dB.
7. The total level of co-channel interference over the Allocated Bandwidth
is not expected the level indicated.
* SFD = [ ]* - G/T, at [ ]* db attenuator setting
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
10
APPENDIX A
TERMS AND CONDITIONS FOR DOMESTIC DATA SERVICES
1. SPACE SEGMENT. Alpha Lyracom will provide the Service to Customer on
a non-preemptible basis. Alpha Lyracom may, however, preempt or interrupt this
Service to protect the overall health and performance of the PAS-1 Satellite in
unusual, abnormal or other emergency situations or may substitute another
frequency to facilitate Alpha Lyracom's transponder loading requirements.
2. CUSTOMER - PROVIDED FACILITIES. Customer shall be responsible for
the installation, operation and maintenance of all Customer-Provided Facilities
in accordance with the terms and conditions of this Agreement. Alpha Lyracom
shall not be responsible for the installation, maintenance or operation of, or
the generation, transmission or reception of signals by Customer-Provided
Facilities, or for securing any and all permits, licenses, variances and other
authorizations required by governmental jurisdictions for the installation and
operation of such Facilities. Customer shall operate the Customer-Provided
Facilities, including, without limitation, any earth stations used by Customer
to transmit signals to and/or receive signals from the Satellite, in compliance
with the Operational Requirements set forth in Appendix B hereto.
3. USE RESTRICTIONS. Customer shall comply with any restrictions on
Customer's receipt of Service applicable in any country in which Customer uses
the Service, and any restrictions that prevent or limit
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A-2
Customer uses the Service, any restrictions that prevent or limit
Customer's use of the Service in, between, or among any countries, including all
requisite Intelsat authorizations and the United States Separate Systems
Requirements, if applicable.
4. MANNER OF PAYMENT. For each month of the Service Term, Customer
agrees to pay the Monthly Service Fee, in advance, on or before the first
business day of the month. All payments by Customer hereunder shall be made in
U.S. dollars; shall be deemed to be made only upon receipt by Alpha Lyracom of
collected funds; and shall be made by bank wire transfer to such bank account
as Alpha Lyracom may designate by notice to Customer. Any and all transfer,
exchange or similar charges are the responsibility of the Customer.
5. OUTAGE CREDITS. If there is a "Confirmed Outage" of Service, Alpha
Lyracom shall give Customer an "Outage Credit" (applicable against Customer's
future Service Fee obligations) equal to the pro rate Service Fee due for that
portion of the Service during which a Confirmed Outage shall be deemed to have
occurred. Customer shall not be entitled to any Outage Credit for any Service
failure that does not constitute a Confirmed Outage.
6. FAILURE OF SERVICE, RESTORATION. In the event Service fails on a
Confirmed Basis, Alpha Lyracom shall, to the extent technically feasible,
employ any available uncommitted substitute equipment or transponders on a PAS
satellite to restore Service to Customer.
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A-3
7. REPRESENTATIONS, WARRANTIES AND COVENANTS. Alpha Lyracom and
Customer each represents and warrants to the other that it has the right, power
and authority to enter into and perform its obligations under this Agreement.
8. TERMINATION OF AGREEMENT. This Agreement shall automatically
terminate in any of the following events: a) there is a failure of Service on a
Confirmed Basis and Alpha Lyracom does not, within sixty days of such failure
on a Confirmed Basis, restore the Service; (b) Alpha Lyracom takes the
Satellite out of service; or (c) on notice by Alpha Lyracom to Customer, if
Customer fails (i) to make payment of any amount due hereunder and such amount
remains unpaid within ten (10) days after receiving from Alpha Lyracom a notice
of such nonpayment, or (ii) to cease any activity in violation of the
Operational Requirements upon receiving telephone or telecopy notice from Alpha
Lyracom, or (iii) if applicable, to comply with the Separate Systems
Requirements, or (iv) to cease any other activity in violation of Customer's
obligations under this Agreement within thirty (30) days after receiving from
Alpha Lyracom a notice of such violation. Upon termination of this Agreement in
accordance with either of Sections 8(a) or (b) above, Alpha Lyracom shall
promptly refund to Customer any portion of the Service Fee applicable to any
period during which Customer has not received Service. Upon termination of this
Agreement in accordance with Section 8(c), in addition to all of Alpha
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A-4
Lyracom's other remedies at law or in equity, Alpha Lyracom shall be entitled
to declare immediately due and payable the Service Fee for each month that
would have remained in the Service Term on and after the date of such
termination, and to use the Service, and Customer shall not be entitled to any
equitable relief with respect to such use or any refund of amounts paid to
Alpha Lyracom hereunder. Customer acknowledges that the foregoing rights of
Alpha Lyracom are reasonable under all of the circumstances existing as of the
date hereof; constitute liquidated damages for the loss of a bargain; and do
not constitute a penalty. The termination of this Agreement for any reason
shall extinguish all of Alpha Lyracom's obligations to provide, and Customer's
obligations to take, Service, but shall not relieve either party of any
obligation that may have arisen prior to such termination.
9. FORCE MAJEURE. Any failure or delay in the performance by Alpha
Lyracom of its obligation to commence to continue to provide Service shall
not be a breach of this Agreement and shall not constitute a failure for
purposes of determining whether a Confirmed Outage or a failure on a Confirmed
Basis has occurred, if such failure or delay results from any Act of God,
governmental action (whether in its sovereign or contractual capacity), or any
other circumstance reasonably beyond the control of Alpha Lyracom, including,
but not limited to, receive earth station sun outage, meteorological or
astronomical disturbances, earthquake,
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A-5
snowstorm, fire, flood, strikes, labor disputes, war, civil disorder, epidemics,
quarantines, embargoes, or acts or omissions of Customer or any third parties,
including, without limitation, any failure of Customer to provide, or the
failure of, any of the Customer-Provided Facilities.
10. CONFIDENTIALITY. Alpha Lyracom and Customer shall hold in
confidence the information contained in this Agreement. Notwithstanding the
foregoing, disclosure, on a confidential basis, by either party to its
principals, auditors, attorneys, investors, lenders, insurance agents, and
proposed and actual successors in interest is permitted.
11. LIMITATION OF LIABILITY. ANY AND ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR ANY PURPOSE OR USE, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. IT IS
EXPRESSLY AGREED THAT ALPHA LYRACOM'S SOLE OBLIGATION AND CUSTOMER'S EXCLUSIVE
REMEDIES FOR ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT
AND/OR THE TRANSACTIONS CONTEMPLATED HEREBY ARE LIMITED TO THOSE SET FORTH IN
SECTION 5 (OUTAGE CREDITS) AND SECTION 8 (TERMINATION OF AGREEMENT) HEREOF, AND
ALL OTHER REMEDIES OF ANY KIND ARE EXPRESSLY EXCLUDED. In no event shall Alpha
Lyracom be liable for any incidental or consequential damages or loss of
revenues, whether foreseeable or not, occasioned by any defect in the Alpha
Lyracom-
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A-6
Provided Facilities, or the provision of Service thereon, any delay in the
provision of Service to Customer any failure of Alpha Lyracom to provide
Service, or any other cause whatsoever. Alpha Lyracom makes no warranty, express
or implied, to any person or entity concerning the Alpha Lyracom-Provided
Facilities. Without limiting the generality of the foregoing, Customer,
acknowledges and agrees that it shall have no right of recovery for the
satisfaction of any cause whatsoever, arising out of or relating to this
Agreement and/or the transactions contemplated hereby, against any and all
members of the Alpha Lyracom Group, other than Alpha Lyracom itself.
12. INDEMNIFICATION. Customer shall defend and indemnify any and all
members of the Alpha Lyracom Group from any claims, liabilities, losses, costs,
or damages, including attorneys' fees and costs, arising out of the provision of
Service from, or Customer's use of, the Alpha Lyracom-Provided Facilities, that
(a) is caused by the fault or negligence of Customer, (b) arises under a
warranty, representation, or statement by Customer, to any third party in
connection with transmissions over the Alpha Lyracom-Provided Facilities, or (c)
arises out of libel, slander, infringement of copyright, infringement of
patents, breach in the privacy or security of transmissions, changes in
facilities, operations or procedures, or from the furnishing of facilities or
capacity hereunder.
13. ASSIGNMENT. Customer agrees that Alpha Lyracom may Assign all or
any part of Alpha Lyracom's right, title and interest in, the
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A-7
Alpha Lyracom-Provided Facilities or this Agreement and any or all sums due or
to become due pursuant to this Agreement to an Assignee for any reason. Customer
agrees that upon receipt of written notice from Alpha Lyracom of such
Assignment, Customer shall perform all of its obligations hereunder directly for
the benefit of the Assignee and shall pay all sums due or to become due
hereunder directly to the Assignee, if so directed. Upon receipt of notice of
such Assignment, Customer agrees to execute and deliver to Alpha Lyracom such
documentation as Assignee may reasonably require. Customer may not assign its
right to Service, or the rights and obligations set forth herein with respect
thereto, to any third party, without Alpha Lyracom's written consent, not to be
unreasonably withheld. Subject to all the provisions concerning Assignments,
above, this Agreement shall be binding on and shall inure to the benefit of any
successors and assigns of the parties, provided that no Assignment shall relieve
either party hereto of its obligations to the other party. Any purported
assignment by either party not in compliance with the provisions of this
Agreement shall be null and void.
14. LATE PAYMENT. Any payment due from Customer to Alpha Lyracom that
is not received by Alpha Lyracom on the date that it is due shall be subject to
a delinquency charge (liquidated damages) at the rate of 1.5 percent per month
(or the highest rate allowed by law, if such rate is less than the foregoing) on
such overdue amount from the due date until
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A-8
it is actually received by Alpha Lyracom. Customer acknowledges that such
delinquency charge is reasonable under all the circumstances existing as of the
date thereof. Acceptance by Alpha Lyracom of any late payment or delinquency
charge shall in no event constitute a waiver by Alpha Lyracom of Customer
default, nor shall such acceptance prevent Alpha Lyracom from exercising any or
all other rights or remedies that it may have.
15. APPLICABLE LAW AND ENTIRE AGREEMENT. The existence, validity,
construction, operation and effect of this Agreement shall be determined in
accordance with and be governed by the laws of the State of Connecticut, U.S.A.
Customer agrees that any action or proceeding arising out of this agreement
shall be brought and maintained in Connecticut, and hereby consents to the
jurisdiction of courts located in Connecticut. This Agreement constitutes the
entire Agreement between the parties, is intended as the complete and exclusive
statement of the terms of the agreement between the parties, and supersedes all
previous understandings, commitments or representations concerning its subject
matter. Each party acknowledges that the other party has not made any
representations other than those which are contained herein. This Agreement may
not be amended or modified in any way, and none of its provisions may be waived,
except by a writing signed by an authorized officer of the party against whom
the amendment, modification or waiver is sought to be enforced.
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16. SEVERABILITY. Nothing contained in this Agreement shall be
construed so as to require the commission of any act contrary to law, and
wherever there is any conflict between any provision of this Agreement and any
statute, law, ordinance, order or regulation, such statute, law, ordinance,
order or regulation shall prevail; provided, however, that in such event the
provisions of this Agreement so affected shall be curtailed and limited only to
the extent necessary to permit compliance with the minimum legal requirement,
and no other provisions of this Agreement shall be affected thereby and all
other provisions shall continue in full force and effect.
17. TAXES AND OTHER CHARGES. Customer is solely responsible for any
taxes, charges, levies, or duties which may be asserted by any local, state,
national, public or quasi-public governmental entity in Argentina as a result of
the Service provided to Customer and/or Customer's use of said Service.
18. DOCUMENTS. Each party hereto agrees to execute, and, if necessary,
to file with the appropriate governmental entities and international
organizations, such documents as the other party hereto shall reasonably request
in order to carry out the purposes of this Agreement.
19. GENERAL NOTICES. All notices and other communications from either
party to the other, except as otherwise expressly provided shall be in
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A-10
writing and, shall be deemed received upon actual delivery or completed
facsimile addressed to the other party as follows:
To Alpha Lyracom at: Xxx Xxxxxxxx Xxxxx
Xxxxxxxxx, Xxxxxxxxxxx 00000
Attention: Xxxxxxxxx Xxxxxxx
Facsimile: 203/622-9163
copy to: Xxxxxxxx Northland
Facsimile: 305/247/0365
To Customer at: Xxxxxxx Xxxxxx 000
0000-Xxxxxx Xxxxx, Xxxxxxxxx
Attention: Xxxxxxx Xxxxxxxxx
Chairman
Facsimile: 000-000-000-0000
copy to: Xxxxxxx Vivo
President
Each party will advise the other of any change in the address, designated
representative or telephone or facsimile number.
21. NO THIRD PARTY BENEFICIARY. The provisions of this Agreement are
for the benefit only of the parties hereto, and no third party, other than Pan
American Satellite, may seek to enforce or benefit from those provisions, except
that both parties acknowledge and agree that the Operational Requirements are
intended for the benefit of both Alpha Lyracom and all other Transponder owners,
lessees, customers or any of their respective assignees, and that the provisions
of Sections 11 and 12 ("limitation of Liability" and "Indemnification") hereof
are intended for the benefit of the Alpha Lyracom Group and any and all members
thereof.
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X-00
00. COUNTERPARTS. This Agreement may be executed in several
counterparts, each of which shall be deemed an original, and all such
counterparts together shall constitute but one and the same instrument.
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FIGURE 1- LATIN BEAM, REFERENCE UPLINK GAIN CONTOUR
22
FIGURE 2 - LATIN BEAM, REFERENCE DOWNLINK GAIN CONTOUR
23
05/08/90
Appendix B
SERVICE SPECIFICATIONS AND OPERATIONAL REQUIREMENTS
APPLICABLE TO ALPHA LYRACOM'S C-BAND DIGITAL
TRANSMISSION SERVICE
(LATIN BEAM)
1.0 SERVICE SPECIFICATIONS
Alpha Lyracom's C-band digital transmission service will provide sufficient
satellite bandwidth and EIRP to yield a minimum clear sky Bit-Error-Rate (BER)
of 10-8, and a minimum service availability of 99.96% (relative to a threshold
BER of 10-3), when the users earth station facilities meet the requirements set
forth in this document.
2.0 CARRIER TRANSMISSION PARAMETERS
2.1 Reference Parameters
While the user of Alpha Lyracom's digital transmission service may, subject to
Alpha Lyracom's consent (see 2.2 below), select virtually any digital carrier
type which best meets its unique requirements, a set of reference transmission
parameters has been established for the purpose of specifying system
performance. Unless otherwise specified in the service agreement between Alpha
Lyracom and Alpha Lyracom's customer, the reference parameters set forth below
and in Table 1 for the applicable Kbps promised shall be controlling.
Table 1 lists the reference transmission parameters for a wide variety of
digital carrier types, ranging in size from 64 kbps to 8.48 Mbps. These
reference parameters are based on the following:
(1) QPSK modulation with Rate 1/2 FEC is assumed for all carrier
sizes;
(2) the transmission rate includes a nominal overhead of 6.5%;
(3) the occupied carrier bandwidth is assumed to be 0.6 times the
transmission rate;
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-B2-
(4) the allocated bandwidth is assumed to be 0.7 times the
transmission rate, rounded up to the nearest multiple of 25
kHz;
(5) the carrier spacing is a multiple of 25 kHz.
2.2 Transmission Alternatives
Carrier sizes other than those listed in Table 1 may be permitted, subject to
review and approval by Alpha Lyracom. The service charges for such carriers will
be determined on a case-by-case basis, taking into account the satellite
resources required (bandwidth and satellite EIRP), relative to the requirements
of the reference carriers.
In some circumstances, generally when very large earth stations are employed, an
increase in satellite transponder capacity can be achieved by the use of Rate
3/4 FEC rather than Rate 1/2. Under such circumstances, Rate 3/4 FEC may be
allowed, subject to Alpha Lyracom's consent, and an appropriate modification
made to the service charge.
BPSK modulation may also be employed, in conjunction with either Rate 3/4 or
Rate 1/2 FEC, subject to Alpha Lyracom approval. The service charges for such
carriers will be established on a case-by-case basis taking into account their
relative use of transponder bandwidth and EIRP.
3.0 SPACECRAFT PERFORMANCE CHARACTERISTICS
The PAS-1 satellite is positioned at 45 degrees West Longitude. Digital
transmission service is available at C-band in transponder number 13 which
operates, on the uplink, over the frequency range 6169-to-6241 MHz and, on the
downlink, over the range 3944-to-4016 MHz, using the Latin uplink beam shown in
Figure 1 and the Latin downlink beam shown in Figure 2.
C-band carriers transmitted to the satellite via the Latin Uplink beam must be
vertically polarized. Carriers received from the Latin Downlink beam are also
vertically polarized.
The satellite communications subsystem translates uplink frequencies in the 6
GHz band to downlink frequencies in the 4 GHz band by a net frequency
translation of 2225 MHz. The net frequency translation error of the satellite
25
-B3-
transponder is expected to be less than +/-5 kHz over a one month period and no
more than +/- 10 kHz over the lifetime of the satellite.
Time delay variations of the received signal are caused by the normal diurnal
motion of the satellite and by longitudinal drift. The maximum transmission
delay variation due to satellite motion is expected to be 0.6 milliseconds
(peak-to-peak, uplink plus downlink).
4.0 EARTH STATION REQUIREMENTS
4.1 EIRP
The required earth station Equivalent Isotropic Radiated Power (EIRP) per
carrier is a function of the following:
(1) the satellite receiver sensitivity (G/T),
(2) the outage margin provided,
(3) the location of the transmit and receive earth stations
within the uplink and downlink beams, and,
(4) the loading of the transponder (i.e., the number, type and
frequency assignment of the various carriers within the
transponder).
Earth stations within the reference uplink gain contour shown in Figure 1 must
be capable of transmitting the maximum clear sky uplink EIRP levels given in
Table 2. The actual uplink EIRP for a given earth station and carrier type will
be established by Alpha Lyracom in consultation with the user. In general, the
actual operating EIRP for most earth station locations will be 2-to-4 dB lower
than the values listed in Table 2.
Unless otherwise agreed by Alpha Lyracom in customer's service agreement, earth
stations that lie outside of the reference uplink contour must be capable of
transmitting maximum carrier EIRPs greater than those shown in Table 2. The
required maximum carrier EIRPs for earth stations which lie outside of the
reference uplink contour will be determined by Alpha Lyracom on a case-by-case
basis.
In determining the HPA size for a given earth station, it is necessary not
only for the user's earth station to meet the maximum EIRP requirements for each
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-B4-
carrier transmitted but also to meet the emission constraints set forth in
Section 4.6. If a given earth station is to transmit more than one carrier the
HPA may have to operate at an output backoff of 3 to 10 dB in order to meet the
emission constraints and must be sized accordingly.
4.2 Minimum Earth Station G/T
Unless otherwise agreed by Alpha Lyracom in Customer's service agreement, earth
stations which lie within the downlink reference contour shown in Figure 2 must
have a minimum G/T of 20.0 dB/K in order for the service specifications given
in Section 1.0 to be achieved. [Note: This value of G/T can typically be
obtained with an antenna of 3.5m diameter that is equipped with a 65 degree K
LNA, but it is Alpha Lyracom's customer's responsibility to be sure that the
earth stations used meet the minimum G/T requirement regardless of the size of
earth station employed.]
Earth stations which lie outside of the downlink reference contour generally
must have a G/T higher than 20.0 dB/K. The required G/T for earth stations which
lie outside of the downlink reference contour will be determined by Alpha
Lyracom on a case-by-case basis.
4.3 Antenna Sidelobes
The transmit pattern of the antenna shall be such that the gain of 90 percent
of the sidelobe peaks does not exceed an envelope described by:
G less than or equal to 29 - 25 log(base 10)(theta) dBi, 1 degree less
than theta less than or equal to 7 degrees
G less than or equal to 8 dBi, 7 degrees less than theta less than or equal
to 9.2 degrees
G less than or equal to 32 - 25 log(base 10)(theta) dBi, 9.2 degrees less
than theta less than or equal to 48 degrees
G less than or equal to -10 dBi, theta greater than 48 degrees
where G is the gain of the sidelobe envelope, relative to an isotropic antenna,
in the direction of the geostationary orbit and theta is the angle in degrees
between the main beam axis and the direction considered.
While not mandatory, it is recommended that the receive sidelobes also conform
to the envelope described above for the transmit sidelobes. As a minimum,
however, the receive sidelobes must satisfy the envelope defined by:
G = 30 - 25 log(theta) dBi
where G and theta are as previously defined.
27
-B5-
4.4 Transmit and Receive Polarization.
C-band earth stations used for Alpha Lyracom digital transmission service must
operate on the vertical polarization for both transmit and receive if they are
accessing Latin or South beam transponders.
The cross-pol isolation on the uplink must be 30 dB or greater. The cross-pol
isolation on the downlink must also be 30 dB or greater.
4.5 Modem Requirements
Achievement of the service specifications given in Section 1.0 is predicated on
the use of a modem that has the following performance characteristics:
(1) it operates at a BER of 10-8 or lower (in the presence of multiple,
adjacent, equal amplitude carriers), when the C/N in the occupied
carrier bandwidth is 6.8 dB or higher, and;
(2) it operates at a BER of 10-3 or lower (in the presence of multiple,
adjacent, equal amplitude carriers), when the C/N in the occupied
carrier bandwidth is 3.8 dB or higher.
Scrambling must also be provided by the modem to ensure that a uniform spectral
spreading is applied to the transmitted carrier at all times. A data scrambler
built in accordance with CCITT Rec. V.35, or a functionally equivalent unit with
similar spectrum spreading characteristics, must be employed.
4.6 Emission Constraints
The EIRP density of intermodulation, products resulting from multicarrier
operation of the earth station wideband RF equipment must not exceed 4 dBW/4 kHz
within the frequency range 5925 to 6425 GHz.
The EIRP outside of the bandwidth assigned to Alpha Lyracom's digital services
resulting from spurious tones, bands of noise, and all other unwanted signals
(with the exception of multicarrier intermodulation products) must not exceed 4
dBW in any 4 kHz band within frequency range 5925 to 6425 GHz.
28
-B6-
Spurious products falling in any 4 kHz band within the transponders allocated to
Alpha Lyracom's digital service, must be at least 40 dB below the transmitted
carrier level for carriers whose information rate is less than or equal to 2.048
Mbits/sec, and 50 dB below the transmitted carrier level for carriers having
information rates greater than 2.048 Mbits/sec.
The EIRP density in the frequency range 0.35R to 0.5R Hz away from the nominal
carrier center frequency must be at least 16 dB below the peak EIRP density,
measured in a 4 kHz band, where R is the transmission rate into the QPSK
modulator (i.e., after FEC coding has been applied). The EIRP density outside of
the allocated bandwidth of the carrier which results from spectral regrowth due
to earth station non-linearities shall be at least 26 dB below the main carrier
spectral density measured in a 4 kHz band.
4.7 HPA Requirements
In determining the HPA size for a given earth station, it is necessary not only
to meet the maximum EIRP requirements for each carrier transmitted, as given in
Section 4.1, but also to satisfy the emission constraints set forth in Section
4.6. If a given earth station is to transmit more than one carrier the HPA may
have to operate at an output backoff of 3 to 10 dB in order to meet the emission
constraints and must be sized accordingly.
4.8 Group Delay Compensation
In general, the group delay characteristics of the PAS-1 satellite are such
that it will not be necessary to use equalizers in the earth station transmit
chain except, possibly, for carriers whose occupied bandwidth is greater than
2.5 MHz. Additional information is available upon request with regard to group
delay characteristics, channel gain flatness, and amplitude linearity.
4.9 Carrier Frequency Assignments
The initial assigned center frequency for each carrier will be determined by
Alpha Lyracom in consultation with the user. It may on occasion, however, be
necessary to change carrier frequency assignments in order to make efficient use
of transponders providing digital service. Accordingly, earth stations must be
designed in such a way that changes in transmit and receive frequency can be
made expeditiously, if required. In order to meet this requirement, it is
recommended that earth station modems be equipped with
29
-B7-
frequency synthesizers that provide independent transmit and receive frequency
agility, in steps of 25 kHz, over a full 72 MHz.
4.10 General Design Considerations
When a given earth station is to transmit multiple digital carriers,
consideration should be given to the use of an antenna larger than 3.5 meters in
order to minimize the HPA power requirement. It may also be necessary to use a
larger than minimum size antenna in order to meet the G/T specification, if the
earth station is located outside of the downlink reference gain contour given in
Figure 2.
Although the design of the earth station is the sole responsibility of the user,
to avoid service problems, Alpha Lyracom's customers are encouraged to consult
with Alpha Lyracom, in advance of selecting equipment, to ensure that their
selection of the optimum antenna and HPA size are in compliance with the
requirements set forth herein.
5.0 TRANSMISSION REQUIREMENTS
In order to ensure that the transmissions of a given earth station do not
interfere with the transmissions of other earth stations utilizing the PAS-1
satellite, or adjacent satellites, it is necessary that certain operational
requirements be met. Specifically, users of Alpha Lyracom's digital transmission
services must observe the following:
(1) The EIRP in the direction of the satellite must be maintained to
within + /- 1.5 dB of the value specified by Alpha Lyracom, except
under adverse weather conditions. This EIRP tolerance limit includes
all earth station factors which affect EIRP variation, including HPA
output power level stability and antenna pointing errors.
(2) The center frequency of all transmitted carriers must be maintained to
within + /- 0.025 R Hz (up to a maximum of + /- 10 kHz) of the value
assigned by Alpha Lyracom. [Note - The transmission rate (R) is
defined as the bit rate entering the QPSK modulator, i.e., it is the
information rate plus overhead multiplied by the inverse of the FEC
code rate.]
30
-B8-
(3) The frequency stability of the earth station receive chain must be
consistent with the frequency acquisition and tracking capabilities of
the demodulator. As a minimum it is recommended that the short term
(24 hour) receive chain stability be less than +/- 2 kHz and the long
term stability (7 day) be less than + /- 10 kHz.
(4) Any earth station transmitting to the PAS-1 satellite must be under
the active control of the user, specifically, the user must provide a
means for immediate cessation of transmission in the event that
notification is received from Alpha Lyracom that such a step is
necessary to avoid harmful interference to other users or other
satellite systems.
6.0 CARRIER LINE-UP AND IN-SERVICE MONITORING
Facilities must be provided by the user to measure the link parameters and
transmission characteristics during initial carrier line-up. In addition, in-
service monitoring by the user of the carrier EIRP and the received BER is
required.
In order to perform initial carrier line-up the user must provide a means to
measure and adjust the transmitted carrier level. This requirement can be
satisfied if a directional coupler of known coupling factor is placed between
the HPA output and the antenna feed input so as to permit accurate carrier power
measurements to be performed. Means must also be provided by the user to allow
the transmitted power level to be adjusted to an accuracy of + /- 0.5 dB, over
the range 0 to minus 15 dB of the maximum EIRP specified in Table 2.
During initial carrier line-up it is also necessary for the user to be able to
measure the Eb/No of the received carrier, either with a spectrum analyzer or
through a filter of known bandwidth, and to perform bit-error-rate measurements
using a pseudo-random test pattern.
During normal in-service operation, the user must monitor the carrier EIRP and
the BER. The latter requirement can be satisfied through the use of the BER
monitoring facility built into most digital modems.
31
-B9-
7.0 NETWORK INTERFACE CONSIDERATIONS
If carriers transmitted via Alpha Lyracom's digital transmission service are to
be interfaced with a synchronous data network or other synchronous equipment, it
may be necessary for the user to equip the receive station with elastic buffer
storage facilities (or their equivalent) to allow for time delay variations
caused by satellite motion. The amount of storage necessary is a function of the
carrier transmission rate, the maximum diurnal satellite motion, and the
longitudinal drift rate. The maximum delay variation due to satellite motion is
given in Section 3.0.
Data encryption may be employed by the user, provided that the basic
transmission characteristics of the carrier are not affected (i.e., provided
that the emission constraints set forth in Section 4.6 are satisfied).
While users are free to utilize any digital modem that meets the basic
performance requirements outlined in this document, it is the users
responsibility to ensure that the modems used on both ends of a given link are
compatible, and that the network interface requirements for the users particular
application are satisfied.
8.0 ADDITIONAL CONTRACTUAL REQUIREMENTS WITH RESPECT TO THE UPLINK
8.1 Non-interference Restrictions
Customer's radio transmissions to and from the Satellite shall comply with all
applicable governmental laws, rules and regulations. Customer will follow
established practices and procedures for frequency coordination and will not
use the Service Transponder, or any portion thereof, in a manner which would or
might, under standard engineering practice, interfere with the use of any other
Transponder, the Satellite, or any other satellite or transponder on such
satellite, or cause physical harm to the Service Transponder, any other
Transponder, the Satellite, or any other in-orbit satellite or transponder on
such satellite.
8.2 Customer's Transmitting Stations
Customer will configure, equip and operate its transmit facilities so that the
interface of these facilities, in space, with the Satellite shall conform to the
characteristics and technical parameters of the Satellite. Customer will follow
Alpha Lyracom's procedures for initiating or terminating any transmission to
32
-B10-
the Satellite. Customer will operate all transmit facilities in a manner that
allows for cessation of, and will cease transmission immediately upon receiving
telephone or telecopy notice from Alpha Lyracom. Customer will furnish
information on a continuing basis as required by Alpha Lyracom to prepare for,
initiate, provide, maintain and immediately discontinue the use of the Service
upon notice by Alpha Lyracom.
Alpha Lyracom shall have the right, but not the obligation, to inspect any
Customer transmit facilities, together with associated facilities and equipment.
Alpha Lyracom will use its reasonable best efforts to schedule such inspections
to minimize the disruption of the operation of such facilities, and Customer
shall make Such facilities available for inspection at all reasonable times.
Customer shall, upon Alpha Lyracom's request, provide a measured proof that any
Such Customer transmit facility meets or exceeds the sidelobe envelope described
in Section 4.3, above.
8.3 Interference and Preemption Notices
Customer shall maintain, at each Customer transmit facility, and shall provide
Alpha Lyracom with, a telephone number that is continuously staffed, at all
times (luring which Customer is transmitting or receiving signals to or from the
Satellite, and an automatic telecopy number that shall be maintained in
operation and capable of receiving messages from Alpha Lyracom, at all times.
Said telephone and telecopy ,;hall be maintained for the purpose of receiving
notices from Alpha Lyracom regarding interference or other problems arising out
of the provision of Service on, or Customer's or any Assignee's use of, the
Service Transponder, including, without limitation, any decision by Alpha
Lyracom to preempt or interrupt Service to Customer pursuant to the Agreement.
It is mandatory that the person who receives such messages has the technical
capability and absolute authority to immediately terminate or modify the
transmission if notified by Alpha Lyracom. pursuant to the foregoing. MI such
notices shall be effective upon the placement of a telephone call or
transmission of a telecopier message by Alpha Lyracom to Customer. If, for any
reason, Customer's telephone is not answered and its telecopier is incapable of
receiving transmission, Alpha Lyracom's notice shall be deemed to have occurred
at the time it attempts to place a telephone call or transmit a telecopier
message to Customer. Alpha Lyracom shall promptly confirm telephone notices in
writing.
33
Table 2 - MAXIMUM EARTH STATION EIRP FOR ALPHA LYRACOM'S C-BAND
DIGITAL TRANSMISSION SERVICE CARRIERS
Information
Rate EIRP
---- ----
(bits/sec) (dBW)
64 k 49.8
128 k 52.8
256 k 55.8
384 k 57.6
512 k 58.8
768 k 60.6
1.544 M 63.6
2.048 M 64.8
4.096 M 67.8
6.312 M 69.7
8.448 M 71.0
00
XXXXXXXX X
X.X. XXXXXXX COMMUNICATIONS COMMISSION ("FCC")
SEPARATE SYSTEMS REQUIREMENT$'
Customer represents and warrants to, and agrees with, Alpha Lyracom that
with respect to any PAS-1 satellite communications between the United States and
ally other country (a 'U.S.-Connecting Country'):
1. No Interconnection with the Public-switched Network. Customer shall not,
and it shall not permit any of Its customers lo, Interconnect IDS to any public
switched message network within the United States or any U.S.-Connecting Country
(the "PSN Restriction"). Any violation of the PSN Restriction shall entitle
Alpha Lyracom Immediately to terminate IDS to Customer and any or all of Its
customers. In addition, any and all of Customer's tariffs, other published terms
and conditions of service, or agreements, written or oral, that It may have with
Rs customers, as applicable, under which It provides IDS to Its customers, shall
give Customer and/or Alpha Lyracom the right Immediately to terminate( service
to Customer's customers In the event of any violation of the PSN Restriction.
Alpha Lyracom shall be considered to be, and shall expressly be made, a
third-party beneficiary of such tariffs, terms and conditions, or agreements for
purposes of enforcing the provisions of the preceding sentence.
2. Carriers and Others . In the event Customer provides IDS to Rs customers
pursuant to a U.S. common carrier authorization, It acknowledges and agrees that
such authorizations shall be conditioned upon Rs compliance with the PSN
Restriction. In the event Customer provides IDS to Its customers pursuant to
enhanced service provider or shared use agreements, such agreements shall: (I)
be In writing; (11) contain explicit language requiring compliance with the PSN
Restriction; and (111) be filed by Customer with the FCC.
----------
(1) Alpha Lyracom Is required by the FCC to impose and enforce these
restrictions. Alpha Lyracom Is actively seeking the elimination of those
restrictions rind, to the extent that Alpha Lyracom Is successful In having
these restrictions eliminated or reduced, any applicable elimination or
reduction shall apply.
35
C-2-
3. PBX Interconnection. Customer shall not, and it shall not permit any of
its customers to, Interconnect IDS to a PBX or similar telephone switch
equipment.(2)
4. Alpha Lyracom Right of Inspection. Alpha Lyracom shall have the right to
inspect Customer's facilities to insure compliance with the PSN Restrictions,
subject to national security requirements.
5. Minimum One-Year Term. Customer's tariffs, other published terms and
conditions of service, and/or agreements with its customers, governing their
receipt of IDS, shall have a minimum term of one year.
6. Customer Enforcement. Customer shall use its reasonable best efforts to
enforce all of the foregoing with respect to all of its customers. To the extent
that Alpha Lyracom may permit Customer to permit its customers to provide IDS to
their customers, Customer shall require its customers to impose all of the
foregoing requirements on their customers.
----------
(2) Under certain additional restrictions that prevent interconnection to
the public-switched message networks, PBX interconnection may be permitted. If
such PBX interconnection is desired, additional information should be requested
from Alpha Lyracom. No such PBX interconnection shall be permitted without Alpha
Lyracom's express written consent and applicable legal compliance.
36
APPENDIX D
DEFINITIONS
As used in this Agreement, the following capitalized terms have the
following meanings:
"ALPHA LYRACOM GROUP" means any or all of the following: Alpha Lyracom, Pan
American Satellite, any and all suppliers of services or equipment thereto, and
all affiliates of such successors, and all officers, directors, employees and
agents of any of the foregoing entities;
"ALPHA LYRACOM-PROVIDED FACILITIES" means the Satellite, the Service
Transponder and any facilities to be provided by Alpha Lyracom for a terrestrial
extension of Service.
"ASSIGN" means to grant, sell, assign, encumber, otherwise convoy, license,
lease, sublease or permit the utilization of, directly or indirectly, in whole
or in part. An "ASSIGNEE," means the recipient of an "ASSIGNMENT," pursuant to
the foregoing sentence;
Failure of Service on a "Confirmed BASIS" means if, after the Service Date,
Alpha Lyracom fails to furnish Service meeting Service Specifications for a
cumulative period of twelve (12) hours during any consecutive 30-day period.
Any failure of Service shall be measured commencing from the later to occur of
(i) Customer's cessation of use of the Service and (ii) notice from Customer to
Alpha Lyracom of such failure. Any such failure shall be deemed to have ended
upon the earlier to occur of (i) Customer's resumption of the use of the Service
and (ii) notice from Alpha Lyracom to Customer that Service is capable of
meeting the Service Specifications;
"CONFIRMED OUTAGE" means a failure of Service to meet the Service
Specifications for a continuing and uninterrupted period of four hours or more.
Any such failure shall be measured commencing from the later to occur of (i)
Customer's cessation of use of the Service and (ii) notice from Customer to
Alpha Lyracom of such failure. Any such failure shall be deemed to have ended
upon the earlier to occur of (i) Customer's resumption of the use of the Service
and (ii) notice from Alpha Lyracom to Customer that Service is capable of
meeting the Service Specifications;
37
D-2-
"CUSTOMER-PROVIDED FACILITIES" means all facilities necessary to the
provision, receipt, or use of the Service other than those facilities expressly
defined as Alpha Lyracom-Provided Facilities;
"DOMESTIC DATA SPACE SEGMENT SERVICE" means space segment satellite
reception and retransmission service supplied in outerspace by Alpha Lyracom for
two-way private line voice and data communications, primarily within Argentina.
"FCC" means the United States Federal Communications Commission and any
successor agency thereto;
"OPERATIONAL REQUIREMENTS" means the requirements set forth in Appendix B;
"PAN AMERICAN SATELLITE" means a sole proprietorship which owns the
Satellite (Alpha Lyracom is the exclusive managing agent for Pan American
Satellite with respect to services to be offered from the Satellite);
"SATELLITE" or "PAS-1" means that certain communications satellite of the
GE astro Space 3000 series type, owned by and licensed to Pan American Satellite
and launched on June 15, 1988;
"SEPARATE SYSTEMS REQUIREMENTS" means the requirements set forth in
Appendix C;
"SERVICE TRANSPONDER" means the Transponder, to be designated by Alpha
Lyracom, from which Service shall initially be provided to Customer. In order to
coordinate the provision of Service to Customer with the provision of Service to
other customers on the Satellite, the Service Transponder used to provide
Service may be changed, from time to time, on notice from Alpha Lyracom to
Customer;
"SPARE EQUIPMENT" means certain spare equipment capacity in the event of
failure of a Transponder. This Spare Equipment consists of the following;
1. For C-Band narrowband Transponders (Transponder Nos. 1 through 12):
one spare SSPA (solid-state-power-amplifier) backing up the six
vertically polarized SSPAs and one spare SSPA backing up the six
horizontally polarized SSPAs.
38
D-3-
2. For C-Band wideband Transponders (Transponder Nos. 13 through 18): one
spare TWTA (traveling-wave-tube amplifier) backing up the three
vertically polarized TWTAs and one TWTA backing up the three
horizontally polarized TWTAs.
3. For Ku-Band Transponders ( transponder Nos. 19 through 24): one spare
TWTA backing up the six TWTAs.
"TRANSPONDER" means any transponder on the Satellite.
39
FIRST AMENDMENT TO THE DOMESTIC
DATA SERVICE AGREEMENT
This, first Amendment (the "Amendment") is made and entered into as of
the 7th day of April, 1992, by and between Alpha Lyracom Space Communications,
Inc. hereinafter "Alpha Lyracom") a Delaware corporation, and Impsat, S.A.
organized and existing under the laws of Argentina, (hereinafter "Impsat").
WHEREAS, Alpha Lyracom and Impsat have entered into that certain
"Domestic Data Service Agreement," dated May 30, 1991 (the "Agreement");
WHEREAS, Alpha Lyracom and Impsat desire to amend certain terms and
conditions of the Agreement;
NOW, THEREFORE, in consideration of the foregoing and of the promises
set forth below, and for other consideration, the receipt and adequacy of which
each party hereby acknowledges, Alpha Lyracom and Impsat hereby mutually agree
as follows:
I. The Agreement shall be amended to reflect the following terms and conditions.
All capitalized terms used in this Amendment, unless otherwise defined, have the
meanings set forth in the Agreement.
A. The capacity on the Latin Beam of the PAS-1 Satellite as set forth in
the Agreement shall be increased by the equivalent of an additional 40 full
duplex SCPC/QPSK 64 kbps channels (the "Additional Capacity"), for a total
capacity equivalent of 80 full duplex 64 kbps channels (the "Service"). The
provision of Additional Capacity and (the corresponding increases in the Total
Monthly Service Fee shall become effective as of the Additional Capacity Start
Dates set forth below. The Service shall be operated in accordance with the
revised transmission parameters attached hereto as Table 1.
Additional Capacity Total Capacity Total Monthly
Start Dates (64 kbps channels) Service Fee
------------------------ ------------------- --------------
On or before June 1, 1992 60 channels [ ]*
On or before November 1, 1992 80 channels [ ]*
The Service shall be supplied by Alpha Lyracom from Transponder 13 of the Latin
Beam. Alpha Lyracom may, at its sole discretion and as it deems necessary,
substitute equivalent capacity on other Latin Beam Transponders.
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
40
2
B. An additional deposit of [ ]* due and payable on or before
the execution of this Amendment, shall be applied to the first and last months
Service Fees for such Additional Capacity.
C. All Latin Beam space segment capacity provided pursuant to this
Amendment shall be used primarily for domestic communications within Argentina.
Notwithstanding the previous sentence:
(i) Impsat may utilize a portion of the Service for
international service from Argentina to the United States, on a simplex
basis only, subject to prior written approval of Alpha Lyracom. All such
simplex service to the United States using the Service provided pursuant
to this Agreement shall be operated in the United States through Alpha
Lyracom's facility. Such simplex circuits shall be matched against
similar capacity provided by Alpha Lyracom under separate agreement for
the establishment of full duplex circuits, and
(ii) Impsat may also utilize a portion of the Service for
international service between other countries (other than the United
States) in which Impsat is authorized to provide satellite
communications services or has entered into an operating agreement with
a carrier licensed to provide such services. Any additional
international service requirements may also be ordered by Impsat,
subject to availability, through separate agreement with Alpha Lyracom.
D. Section 8 of the Agreement shall be deleted and replaced with
the following:
Impsat shall demonstrate compliance of its earth stations with
the performance and operational requirements set forth in Appendix B of
the Agreement pursuant to standard Alpha Lyracom test procedures
attached hereto as Table 2. Such demonstration may be accomplished by
the testing of standard configurations of earth station hardware which
are duplicated at multiple locations. Alpha Lyracom and Impsat will
agree under these conditions to waive portions of the test procedures
contained in Table 2. In addition, Impsat shall provide Alpha Lyracom,
in writing, with specific earth station information for each circuit
including location, antenna size, G/T, transmit gain, transmit power,
threshold levels, and any other information Alpha Lyracom requires,
prior to activation of the circuit. Alpha Lyracom will provide Impsat
with an initial carrier transmission plan for the above capacity within
30 days of receiving the above information from
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
41
3
Impsat. This initial transmission plan will accommodate the 80 full
duplex 64 kbps data links using the capacity specified in Table 1.
E. Section 13 of the Agreement shall be deleted and replaced with the
following:
Impsat may utilize carriers with speeds between 32 kbps and 512 kbps,
QPSK or BPSK modulation and may employ any FEC desired, other earth
station sizes, or operate from other locations within Argentina which
are situated outside the Reference Contour, as long as these changes can
be accommodated within the assigned capacity and power allocations set
forth in this Agreement and in compliance with the procedures
established by Alpha Lyracom. Alpha Lyracom shall work with Impsat to
simplify and expedite the above mentioned process.
II. All of the terms and conditions of the Agreement shall continue to apply
with the exception of those provisions of the Agreement that are directly in
conflict with the terms and conditions of this Amendment. At the request of
either party, the parties shall cooperate with each other to prepare and execute
a conformed copy of the Agreement to reflect the changes made herein.
IN WITNESS WHEREOF, each of the parties hereto has duly executed and
delivered this Amendment as of the day and year first written above.
ALPHA LYRACOM SPACE IMPSAT, S.A.
COMMUNICATIONS, INC.
By: /s/ XXXX XXXXXXX By: /s/ XXXXXXX XXXXXXXXX
------------------------- --------------------------
Name: Xxxx Xxxxxxx Name: Xxxxxxx Xxxxxxxxx
----------------------- ------------------------
Title: President Title: Chairman and President
----------------------- ------------------------
42
[MAP]
-------------------------------------------------------------------------------
FIGURE 1--LATIN DOWNLINK (-6dB)
-------------------------------------------------------------------------------
43
[MAP]
-------------------------------------------------------------------------------
FIGURE 2--LATIN UPLINK (-3dB)
-------------------------------------------------------------------------------
44
Table 2
EARTH STATION QUALIFICATION PROCEDURE
PAN AMERICAN SATELLITE
PURPOSE
THIS DOCUMENT OUTLINES TEST, VERIFICATION PROCEDURES WHICH MUST BE
COMPLETED BY ALL EARTH STATIONS PRIOR TO RECEIVING AUTHORIZATION TO TRANSMIT RF
POWER (ILLUMINATE THE TRANSPONDERS) TO ALPHA LYRACOM SPACE COMMUNICATIONS
SATELLITES.
PROCEDURES FOR SERVICE MONITORING PROCEDURES ARE ALSO INTRODUCED. THESE
PROCEDURES MUST BE IMPLEMENTED BY ALL STATIONS ILLUMINATING ALPHA LYRACOM SPACE
COMMUNICATIONS TRANSPONDERS TO ASSURE THAT ALL COMMUNICATIONS OPERATIONS ARE
CARRIED OUT ON A NONINTERFERING BASIS WITH ALL OTHER COMMUNICATIONS ON THE
TARGET SATELLITE AND ALL ADJACENT SATELLITES.
THE AUTHORIZATION TO ILLUMINATE PAS-1 TRANSPONDERS MAY BE REVOKED AT ANY
TIME IF IT SHOWN THAT OPERATIONS BY ANY STATION VIOLATES THE PREMISE OF
NON-INTERFERING OPERATION BY ALL STATIONS.
SCOPE
THIS PROCEDURE IS APPLICABLE TO ALL STATIONS THAT ARE SEEKING AUTHORITY
TO ILLUMINATE ALPHA LYRACOM PAN AMERICAN SATELLITE (PAS-1) TRANSPONDERS AND
STATIONS THAT WISH TO MAINTAIN AUTHORITY TO ILLUMINATE PAS-1 0R OTHER ALPHA
LYRACOM SATELLITE TRANSPONDERS.
PROCEDURE
[A] VERIFICATION TEST PROCEDURES
(1) CROSS-POLARIZATION RATIO
(a) EACH STATION WILL BE REQUIRED TO SHOW THAT THE
STATION CAN ACHIEVE CO-POLAR TO CROSS-POLAR
SIGNAL RATIOS 33 dB OR BETTER FOR TRANSMITTED
CARRIERS IN THE TRANSPONDERS OF INTEREST.
(b) IF DESIRED AND BANDWIDTH IS AVAILABLE, HOMESTEAD
WILL RADIATE A CARRIER IN THE CROSS-POLARIZATION
TRANSPONDER TO ALLOW STATIONS TO VERIFY RECEIVE
CROSS-POLARIZATION AT THE SAME TIME THAT THEY
VERIFY TRANSMIT POLARIZATION PERFORMANCE.
(c) HOMESTEAD WILL MAKE SPECTRUM ANALYZER PLOTS OF
THE CROSS-POLARIZATION PERFORMANCE FOR STATION
RECORD PURPOSES, AND WILL FURNISH A COPY OF
THESE PLOTS TO THE TESTING STATION.
45
page 2
(2) ANTENNA PATTERNS
(a) ALL STATIONS WILL PERFORM BOTH TRANSMIT AND RECEIVE ANTENNA
PATTERNS WITH THE PAN AMERICAN SATELLITE GATEWAY EARTH STATION
AT HOMESTEAD, FLORIDA TO ASSURE THAT THE STATION MEETS
INTERNATIONAL, AND WHERE APPLICABLE DOMESTIC, ANTENNA
PERFORMANCE REQUIREMENTS.
(b) EACH STATION WILL NOTIFY THE HOMESTEAD STATION OF THE DESIRE TO
TEST AND WILL PROVIDE THE EXACT LATITUDE AND LONGITUDE OF THE
STATION TO ALLOW GENERATION OF POINTING ANGLES TO PAS-1 AND
OTHER ADJACENT SATELLITES.
(c) HOMESTEAD WILL GENERATE POINTING ANGLES WHICH WILL DETERMINE THE
MINIMUM ANGULAR TRAVEL THAT WILL BE REQUIRED TO DETERMINE THE
ANTENNA'S SIDELOBE PERFORMANCE AND THE POSSIBLE INTERFERENCE
THAT COULD RESULT FROM SIDELOBE POWER INTO ADJACENT SATELLITES.
(d) AS A MINIMUM, STATIONS WILL BE REQUIRED TO MAKE THE FOLLOWING
ANTENNA TRANSMIT PATTERN CUTS:
(1) plus and minus 7 degree azimuth
(2) plus and minus 1 degree azimuth
(3) plus and minus 7 degree elevation
(4) plus and minus 1 degree elevation
(e) STATIONS SHOULD PERFORM RECEIVE CUTS AT THE SAME TIME THAT
TRANSMIT CUTS ARE BEING MADE. HOMESTEAD WILL RADIATE A CARRIER
FOR THIS PURPOSE.
(f) ADDITIONAL CUTS MAY BE REQUIRED TO DETERMINE THE INTERFERENCE
PATTERN THAT COULD OCCUR WITH OTHER SATELLITES ADJACENT TO
PAS-1.
(g) HOMESTEAD WILL PERFORM SIMULTANEOUS CO-POLARIZATION AND
CROSS-POLARIZATION PATTERNS ON EACH OF THE ABOVE CUTS.
(h) HOMESTEAD WILL MAKE A RECORDING OF ALL CUTS AND WILL PROVIDE
A COPY OF ALL TEST DATA TO THE TESTING STATION.
(3) RF FREQUENCY AND POWER STABILITY
(a) THE TESTING STATION WILL RADIATE A CARRIER AT A POWER LEVEL AND
FREQUENCY SELECTED BY THE HOMESTEAD STATION.
46
page 3
(b) AFTER THE TEST CARRIER HAS BEEN SET, THE TESTING STATION MUST BE
PREPARED TO LEAVE THE CARRIER ON WITHOUT FURTHER ADJUSTMENT FOR A
MINIMUM OF 72 HOURS. THE ACTUAL TIME OF THE TEST WILL BE DICTATED BY THE
HOMESTEAD STATION FROM THE RESULTS OBTAINED DURING THE TEST PERIOD.
(c) HOMESTEAD WILL MAKE PERIODIC TESTS OF THE LEVEL AND FREQUENCY TO ASSURE
THAT THE CARRIER IS STABLE IN BOTH POWER AND FREQUENCY.
(d) ALL MEASUREMENTS DONE AT HOMESTEAD WILL BE DONE AT RF TO REMOVE THE
POSSIBILITY OF FREQUENCY ERROR BEING INTRODUCED BY TRANSLATION EQUIPMENT
AT HOMESTEAD.
(e) TO ASSURE POWER AND FREQUENCY OF THE TEST CARRIER, HOMESTEAD WILL
RADIATE A VERIFICATION CARRIER THAT IS GENERATED BY A VERY STABLE
FREQUENCY SYNTHESIZER ADJACENT TO THE TEST CARRIER.
(f) THE FREQUENCY OF THIS VERIFICATION CARRIER WILL BE MEASURED BY A
FREQUENCY COUNTER AND THE RADIATED POWER OF THE VERIFICATION CARRIER
WILL BE MEASURED AT THE TRANSMIT INPUT TO THE FEED OF THE ANTENNA TO
ASSURE THAT THE SATELLITE IS BEING ILLUMINATED WITH THE PROPER POWER AND
FREQUENCY FROM THE VERIFICATION STATION.
(g) THE VERIFICATION STATION WILL MEASURE THE FREQUENCY AND POWER
DIFFERENCES BETWEEN THE VERIFICATION CARRIER AND THE TEST CARRIER TO
DETERMINE THE STABILITY OF THE TEST CARRIER. (1) DURING THESE PERIODS OF
MEASUREMENT, WHICH WILL BE PERFORMED AT A MINIMUM OF 6 HOURS APART TO
ASSURE THAT DRIFT DUE TO SATELLITE DIURNAL VARIATIONS ARE ELIMINATED,
HOMESTEAD WILL ALSO PERFORM SHORT TERM STABILITY MEASUREMENTS FOR 15
MINUTE PERIODS. UP TO 4 SHORT TERM STABILITY MEASUREMENTS WILL BE MADE.
(h) AT TIMES WHEN THE ACTUAL VERIFICATION TEST IS NOT BEING PERFORMED,
HOMESTEAD WILL RECORD THE FREQUENCY AND POWER OF THE CARRIER ON A STRIP
CHART RECORDER TO ASSURE THAT NO GROSS CHANGES HAVE OCCURRED DURING THE
TEST PERIOD.
(I) HOMESTEAD WILL PROVIDE COPIES OF ALL TEST DATA TO THE TESTING STATION.
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page 4
(4) SPURIOUS FREQUENCY AND INTERMODULATION TEST
(a) THE TEST STATION WILL RADIATE A CARRIER AT MAXIMUM EIRP
TO FREE SPACE AT AN ELEVATION ANGLE OF AT LEAST 10
DEGREES ABOVE THAT REQUIRED FOR PAS-1 ACCESS.
(1) INITIALLY, A SINGLE, UNMODULATED CARRIER WILL BE
RADIATED.
(b) THE TEST STATION WILL SCAN THE TRANSMIT SPECTRUM AT THE
ANTENNA AND IN THE STATION TO VERIFY THAT NO SPURIOUS
SIGNALS ARE GENERATED WITHIN THE STATION AT THE MAXIMUM
POWER LEVEL.
(c) THE TEST STATION WILL NOTE THE MAXIMUM SINGLE CARRIER
EIRP AND THE SPURIOUS CARRIERS DISCOVERED DURING THE
TEST AND WILL REPORT THIS DATA TO HOMESTEAD FOR
INCLUSION IN THE FINAL TEST REPORT.
(d) THE TEST STATION WILL REMOVE ALL TRANSMIT CARRIERS AND
REACQUIRE THE SATELLITE.
(e) AT THE DIRECTION OF THE VERIFICATION STATION, THE TEST
STATION WILL RADIATE TWO CARRIERS AT RF POWER LEVELS AT
SPECIFIED POWER LEVELS SIMULTANEOUSLY AND WILL MONITOR
THE TRANSMIT SPECTRUM TO DETERMINE IF INTERMODULATION
PRODUCTS ARE BEING RADIATED WITH THE DESIRED CARRIERS.
(1) THE VERIFICATION STATION WILL MONITOR THE SATELLITE
SPECTRUM TO DETERMINE IF INTERMODULATION PRODUCTS ARE
SEEN ON THE SATELLITE.
(2) THE TEST STATION WILL NOTE THE EIRP LEVEL AT WHICH
INTERMODULATION CARRIERS ARE NOTED.
(f) THE VERIFICATION WILL RECORD ALL DATA FOR THE FINAL
VERIFICATION REPORT.
(B) DATA SERVICE INITIATION PROCEDURES
(1) CARRIER LEVEL SET AND VERIFICATION
(a) THE TEST STATION AND THE VERIFICATION STATION AND/OR THE
CORRESPONDING COMMUNICATION STATION WILL RADIATE DATA
CARRIERS AT FREQUENCIES AND POWER LEVELS SPECIFIED BY
THE VERIFICATION STATION.
(1) INITIALLY THE CARRIERS WILL BE UNMODULATED.
48
page 5
(b) THE VERIFICATION STATION WILL MEASURE THE RECEIVED POWER LEVEL
OF EACH OF THE CARRIERS AND WILL NOTE THE EIRP LEVEL OF EACH
TRANSMIT STATION REQUIRED TO ACHIEVE THAT LEVEL.
(c) THE VERIFICATION STATION WILL NOTE THE SATELLITE SPECTRUM AND
VERIFY THAT NO SPURIOUS CARRIERS OR INTERMODULATION PRODUCTS ARE
PRESENT AS A RESULT OF THESE CARRIERS.
(d) THE STATIONS WILL MODULATE THE CARRIERS AND WILL NOTE WHETHER OR
NOT MODEM LOCK IS ACHIEVED AT EACH STATION OPERATING IN
SATELLITE LOOP-BACK MODE.
(1) AS THE CARRIERS ARE MODULATED, THE STATIONS WILL NOTE THAT
THE EIRP DOES NOT CHANGE FROM THE UNMODULATED CARRIER EIRP. THIS
IS COMMON FOR SOME MODULATORS AND MUST BE CHECKED CLOSELY.
(2) BIT ERROR RATE PERFORMANCE TEST
(a) THE STATIONS WILL SEND A BIT ERROR RATE SIGNAL THROUGH EACH OF
THE MODEMS AND WILL NOTE THE PERFORMANCE OF THE MODEM IN
SATELLITE LOOP-BACK FOR 15 MINUTES.
(1) IF ERRORS ARE ACCUMULATED DURING THIS PERIOD, THE STATION
WILL INVESTIGATE INTERNALLY TO DETERMINE THE SOURCE OF THE
ERRORS.
(b) AFTER ALL STATIONS HAVE VERIFIED THAT THEY OPERATE IN THE
SATELLITE LOOP-BACK MODE, THEY WILL CHANGE THE SERVICE TO
END-TO-END OPERATION.
(c) THE STATIONS WILL CONDUCT END-TO-END BIT ERROR RATE TESTS FOR UP
TO 24 HOURS OR AS REQUIRED TO RESOLVE PROBLEMS.
(1) DURING THIS PERIOD OF TESTING, THE TESTING STATION WILL
MEASURE AND RECORD THE CARRIER FREQUENCY AND EIRP EVERY TWO
HOURS TO ASSURE THAT THERE IS NO DRIFT IN THESE PARAMETERS.
(d) IF THE STATIONS PASS THE END-TO-END TEST, THEY WILL, AT THE
DIRECTION OF THE VERIFICATION STATION, LOWER THE EIRP IN ONE dB
STEPS AND PERFORM 30 MINUTE BIT ERROR RATE TESTS TO DETERMINE
THE OPERATION AT LEVELS BELOW THE ASSIGNED LEVEL AND TO
DETERMINE THE OPERATING MARGIN OF THE CARRIERS.
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page 6
(3) SERVICE CUTOVER
(a) AT THIS POINT IN THE SYSTEM TESTING, STATIONS WILL TEST BIT ERROR
RATE AND CLOCK STABILITY WITH THE CUSTOMER.
{1} THE CUSTOMER WILL BE ALLOWED TO TEST END-TO-END TO ASSURE
TOTAL LINK OPERATIONAL CAPABILITY.
(b) THE TESTING STATION WILL PROVIDE HOMESTEAD WITH CONTACT NAMES AND
TELEPHONE NUMBERS FOR THEIR CUSTOMER AT THE DISTANT POINT AND
CIRCUIT ROUTING AND OTHER INFORMATION THAT WILL BE HELPFUL IN
TROUBLESHOOTING THE CIRCUIT IN THE EVENT THAT TROUBLES DEVELOP
LATER.
(c) HOMESTEAD WILL MAINTAIN A FILE ON ALL CIRCUITS INCLUDING A
HISTORY OF ALL TROUBLES THAT WILL BE MADE AVAILABLE TO ANY PARTY
DESIGNATED BY THE CUSTOMER'S REPRESENTATIVE,
(d) THE CUSTOMER WILL BE GIVEN 24 HOURS TO TEST THE CIRCUIT AND 48
HOURS OF END-TO-END SERVICE TO ASSURE THAT NO SERVICE ANOMALIES
PRIOR TO FINAL ACCEPTANCE OF THE SERVICE.
(e) AT THE END OF THE PRESCRIBED TIME, THE CUSTOMER WILL ACCEPT THE
CIRCUIT OR WILL REQUEST FURTHER TEST TIME.
{l} IF FURTHER TEST TIME IS REQUIRED, THE CUSTOMER WILL FULLY
EXPLAIN THE REASON FOR THIS REQUIREMENT.
{2} FURTHER TEST TIME CAN BE GRANTED AT THE DISCRETION OF ALPHA
LYRACOM PAN AMERICAN SATELLITE PERSONNEL ONLY.
{3} FURTHER TEST TIME WILL NOT BE GRANTED IF THE CUSTOMER IS NOT
READY FOR THE CIRCUIT.
(f) AT THE END OF THE TEST PERIOD, THE CUSTOMER WILL SIGN THE CIRCUIT
ACCEPTANCE FORM SIGNIFYING THAT THE CIRCUIT, OPERATIONAL CONTACT
INFORMATION AND OPERATIONAL AND TROUBLE RESOLUTION PROCEDURES ARE
ACCEPTABLE.
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page 7
(C) VIDEO SERVICE INITIATION PR0CEDURE
(1) VIDEO CARRIER LINE-UP
(a) ALPHA LYRACOM WILL FURNISH THE CUSTOMER WITH LINK CALCULATIONS
FOR THE VIDEO SERVICE, AND RF CARRIERS FROM THE TRANSMITTING
STATION WILL BE SET ACCORDING TO THESE LINK CALCULATIONS.
(b) THE TRANSMIT CARRIER WILL BE SET TO THE PROPER TRANSPONDER POWER
BY THE HOMESTEAD GATEWAY STATION, AND CROSS-POLARIZATION
ISOLATION MEASUREMENTS WILL BE MADE ON THE CARRIER, IF
APPLICABLE. IT IS EXPECTED THAT C-BAND CARRIERS WILL ACHIEVE AN
ISOLATION RATIO OF 33 dB OR GREATER.
(c) A CARRIER-TO-NOISE RATIO TEST WILL BE PERFORMED AT THE TIME THE
CARRIER IS ESTABLISHED.
(d) THE HOMESTEAD GATEWAY STATION WILL ALSO PERFORM A CARRIER POWER
AND FREQUENCY STABILITY TEST TO ASSURE STABILITY OF THESE
PARAMETERS.
{1} IF A LONG TERM TEST IS PERFORMED, THE TEST WILL BE CONDUCTED
AT 13 dB BELOW THE OPERATIONAL POWER.
(e) THE STATION ORIGINATING THE VIDEO CARRIER WILL TEST MODULATE THE
VIDEO CARRIER AT THE PRESCRIBED POWER WITHOUT RADIATING THIS
CARRIER TO THE SATELLITE AND WILL ASSURE THAT WITHIN THE
TRANSMITTING STATION THAT NO SPURIOUS SIGNALS OR INTERMODULATION
PRODUCTS ARE PRESENT PRIOR TO RADIATING THE CARRIER TO THE
SATELLITE.
(f) THE ORIGINATING STATION WILL RADIATE THE CARRIER AT THE EIRP USED
FOR THE POWER AND FREQUENCY STABILITY TEST WITH A STANDARD TEST
PATTERN, NOT COLOR BARS, MODULATING THE CARRIER AT THE SPECIFIED
VIDEO DEVIATION.
(g) AT THE DIRECTION OF THE HOMESTEAD GATEWAY STATION, THE
ORIGINATING STATION WILL RAISE THE EIRP IN PRESCRIBED STEPS WHILE
THE HOMESTEAD GATEWAY STATION SCANS OTHER SATELLITE OPERATIONAL
RESOURCES TO ASSURE THAT THE CARRIER DOES NOT CAUSE INTERFERENCE
WITH OTHER TRANSPONDER OPERATIONS.
(h) AT THE PRESCRIBED EIRP, THE HOMESTEAD GATEWAY EARTH STATION WILL
MAKE VIDEO MEASUREMENTS AND WILL RECORD THIS DATA FOR FUTURE
REFERENCE.
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page 8
(2) VIDEO CARRIER END-TO-END LINE-UP AND ACCEPTANCE
(a) AT THE COMPLETION OF THE ABOVE PROCEDURE, THE HOMESTEAD GATEWAY
STATION WILL TURN THE SERVICE OVER TO THE CUSTOMER FOR END-TO-END
TESTING, VERIFICATION AND ACCEPTANCE.
(b) IT IS EXPECTED THAT THE CUSTOMER WILL ACCEPT THE SERVICE WITHIN
24 HOURS OR REJECT THE SERVICE PROVIDING SUFFICIENT TECHNICAL
INFORMATION REGARDING THE SERVICE DEFICIENCIES WHICH PROMPTED THE
REJECTI0N.
(c) IF THE SERVICE IS REJECTED, ALPHA LYRACOM PAN AMERICAN SATELLITE
WILL TAKE ANY CORRECTIVE ACTION POSSIBLE TO PROVIDE THE SERVICE.
(d) IF THE SERVICE IS ACCEPTED, THE CUSTOMER WILL SIGN THE SERVICE
AGREEMENT SIGNIFYING THAT THE SERVICE, OPERATIONAL PROCEDURES AND
TROUBLE REPORTING AND RESTORATION PROCEDURES ARE SUFFICIENT AND
ACCEPTABLE.
(D) SERVICE MONITORING PROCEDURES
(1) SERVICE QUALITY VERIFICATION AND REPORTING
(a) IT IS THE DESIRE OF ALPHA LYRACOM PAN AMERICAN SATELLITE THAT ALL
SATELLITE SERVICES BE PROVIDED WITH THE UTMOST QUALITY AND
WITHOUT CAUSING INTERFERENCE TO OTHER SERVICES USING THE
SATELLITE RESOURCES OR RECEIVING INTERFERENCE FROM THESE OTHER
SERVICES.
(b) IN THIS REGARD, IT IS OUR PROCEDURE THAT EACH CUSTOMER WILL
MONITOR HIS OWN TRAFFIC TO ASSURE THAT THAT TRAFFIC IS NOT BEING
INTERFERED WITH BY OTHER TRAFFIC AND, MORE IMPORTANTLY, THAT HIS
TRAFFIC IS NOT INTERFERING WITH OTHER SERVICES.
(c) SUCH INTERFERENCE, EVEN SELF-GENERATED INTERFERENCE, MUST BE
REPORTED TO THE HOMESTEAD GATEWAY EARTH STATION IMMEDIATELY.
(2) INTERFERENCE AND TROUBLE RESOLUTI0N
(a) SELF-GENERATED INTERFERENCE MUST BE CORRECTED IMMEDIATELY EVEN IF
THAT REQUIRES REMOVING THE INTERFERING CARRIER FROM SERVICE.
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page 9
(b) FAILURE TO CORRECT AN INTERFERENCE PROBLEM, ESPECIALLY WHEN
DIRECTED TO CORRECT THE PROBLEM BY THE HOMESTEAD GATEWAY EARTH
STATION CAN RESULT IN LOSS OF PRIVILEGES TO USE THE SATELLITE AND
TERMINATION OF THE CONTRACT.
(c) IF THE HOMESTEAD GATEWAY EARTH STATION CONTACTS A STATION TO TEST
FOR POSSIBLE INTERFERENCE WITH OTHER STATIONS, THE PARTY CALLED
MUST COOPERATE WITH THE HOMESTEAD GATEWAY TO ASSURE THAT THE
INTERFERING CARRIER(s) IS FOUND AND THE PROBLEM CORRECTED
IMMEDIATELY.
(d) IF THE HOMESTEAD GATEWAY REPORTS A TROUBLE THAT IS
NON-INTERFERING, BUT POTENTIALLY SERVICE DEGRADING SUCH AS
OVER-DEVIATION AND/OR SHOULDERS ON A DIGITAL MODULATOR, THE
ASSIGNED STATION WILL WORK TO CORRECT THESE PROBLEMS IMMEDIATELY.
{1} AFTER CORRECTION OF THE PROBLEM, THE STATION WILL REPORT THE
CORRECTION TO THE HOMESTEAD GATEWAY WHO WILL OBSERVE AND TEST THE
CORRECTION TO ASSURE THAT THE PROBLEM HAS BEEN FULLY CORRECTED.
(3) TROUBLE REPORTING
(a) THE HOMESTEAD GATEWAY EARTH STATION WILL SERVE AS THE NETWORK
OPERATIONS CONTROL (NOC) CENTER FOR ALPHA LYRACOM PAN AMERICAN
SATELLITE SPACE COMMUNICATIONS, AND ALL TROUBLES RELATED TO
SATELLITE SERVICE WILL BE REPORTED TO THIS CENTER.
(b) THE HOMESTEAD GATEWAY EARTH STATION WILL BE MANNED 24 HOURS PER
DAY, SEVEN DAYS PER WEEK STARTING IN MAY, 1989.
(c) EACH TROUBLE REPORTED BY ANY STATION WILL BE ASSIGNED A TROUBLE
NUMBER AND A TROUBLE HISTORY OR TROUBLE TICKET WILL BE OPENED ON
THAT TROUBLE.
(d) ALL REPORTED TROUBLES WILL BE ANALYZED BY THE TECHNICAL STAFF OF
THE NOC AND THE TROUBLE REPORT WILL BE ANNOTATED WITH THE RESULTS
OF THAT ANALYSIS.
(e) TROUBLES THAT ARE FOUND NOT TO BE SATELLITE RELATED, SUCH AS
TERRESTRIAL LINK PROBLEMS EFFECTING SATELLITE SERVICES WILL BE
REFERRED TO THE PROPER STATION AND THE TROUBLE REPORT WILL BE
CLOSED.
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page 10
(f) AS NOTED ABOVE, WHEN THE NOC NOTIFIES A STATION THAT SERVICES
BEING PERFORMED FROM THAT STATION ARE INTERFERING OR POTENTIALLY
INTERFERING WITH OTHER SATELLITE SERVICES, THAT STATION MUST
ASSIST THE NOC IN DETECTION OF THE SOURCE AND QUICK RESOLUTION OF
THAT PROBLEM.
(g) THE NOC WILL SEND RECORDS OF ANY OUTAGE OR TROUBLE RELATED TO A
STATION TO THE DESIGNATED REPRESENTATIVE OF THAT ENTITY FOR
REVIEW AND/OR PERMANENT RECORDS OF SERVICE ONLY WHEN DESIGNATED
BY THE CONTRACTUALLY DESIGNATED REPRESENTATIVE OF THAT STATION.
APPROVED:
--------------------------------------------------------
XXXX XXXXXXX, PRESIDENT
ALPHA LYRACOM
PAN AMERICAN SATELLITE
SPACE COMMUNICATIONS
00
XXXXXXXX X
X.X. XXXXXXX COMMUNICATIONS COMMISSION ("FCC")
SEPARATE SYSTEMS REQUIREMENTS(1)
Customer represents and warrants to, and agrees with, Alpha
Lyracom that with respect to any PAS-1 satellite communications
between the United States and any other country (a "U.S.-Connecting
Country"):
1. No Interconnection with the Public-switched Network. Customer
shall not, and it shall not permit any of its customers to,
interconnect IDS to any public switched message network within the
United States or any U.S.-Connecting Country (the "PSN Restriction").
Any violation of the PSN Restriction shall entitle Alpha Lyracom
immediately to terminate IDS to Customer and any or all of its
customers. In addition, any and all of Customer's tariffs, other
published terms and conditions of service, or agreements, written or
oral, that it may have with its customers, as applicable, under which
it provides IDS to its customers, shall give Customer and/or Alpha
Lyracom the right immediately to terminate service to Customer's
customers in the event of any violation of the PSN Restriction. Alpha
Lyracom shall be considered to be, and shall expressly be made, a
third-party beneficiary of such tariffs, terms and conditions, or
agreements for purposes of enforcing the provisions of the preceding
sentence.
2. Compliance by Carriers and Others. In the event Customer
provides IDS to its customers pursuant to a U.S. common carrier
authorization, it acknowledges and agrees that such authorizations
shall be conditioned upon its compliance with the PSN Restriction. In
the event Customer provides IDS to its customers pursuant to enhanced
service provider or shared use agreements, such agreements shall: (i)
be in writing; (ii) contain explicit language requiring compliance
with the PSN Restriction; and (iii) be filed by Customer with the FCC.
----------
(1) Alpha Lyracom is required by the FCC to impose and enforce these
restrictions. Alpha Lyracom is actively seeking the elimination of these
restrictions and, to the extent that Alpha Lyracom is successful in having these
restrictions eliminated or reduced, any applicable elimination or reduction
shall apply.
55
3. PBX Interconnection. Customer shall not, and it shall not
permit any of its customers to, interconnect IDS to a PBX or similar
telephone equipment.(2)
4. Alpha Lyracom Right of Inspection. Alpha Lyracom shall have
the right to inspect Customer's facilities to insure compliance with
the PSN Restrictions, subject to national security requirements.
5. Minimum One-Year Term. Customer's tariffs, other published
terms and conditions of service, and/or agreements with its customers,
governing their receipt of IDS, shall have a minimum term of one year.
6. Customer Enforcement. Customer shall use its reasonable best
efforts to enforce all of the foregoing with respect to all of its
customers. To the extent that Alpha Lyracom may permit Customer to
permit its customers to provide IDS to their customers, Customer shall
require its customers to impose all of the foregoing requirements on
their customers.
----------
(2) Under certain additional restrictions that prevent interconnections to
the public-switched message networks, PBX interconnection may be permitted. If
such PBX interconnection is desired, additional information should be requested
from Alpha Lyracom. No such PBX interconnection shall be permitted without Alpha
Lyracom's express written consent and applicable legal compliance.
56
APPENDIX D
DEFINITIONS
As used in this Agreement, the following capitalized terms have the
following meanings:
"Alpha Lyracom Group" means any or all of the following: Alpha Lyracom,
Pan American Satellite, any and all suppliers of services or equipment thereto,
and all affiliates of such successors, and all officers, directors, employees
and agents of any of the foregoing entities;
"Alpha Lyracom-Provided Facilities" means the Satellite, the Service
Transponder and any facilities to be provided by Alpha Lyracom for a
terrestrial extension of Service.
"Assign" means to grant, sell, assign, encumber, otherwise convey,
license, lease, sublease or permit the utilization of, directly or indirectly,
in whole or in part. An "Assignee," means the recipient of an "Assignment,"
pursuant to the foregoing sentence;
Failure of Service on a "Confirmed Basis" means if, after the Service
Date, Alpha Lyracom fails to furnish Service meeting Service Specifications for
a cumulative period of twelve (12) hours during any consecutive 30 day period.
Any failure of Service shall be measured commencing from the later to occur of
(i) Customer's cessation of use of the Service and (ii) notice from Customer to
Alpha Lyracom of such failure. Any such failure shall be deemed to have ended
upon the earlier to occur of (i) Customer's resumption of the use of the
Service and (ii) notice from Alpha Lyracom to Customer that Service is capable
of meeting the Service Specifications;
"Confirmed Outage" means a failure of Service to meet the Service
Specifications for a continuing and uninterrupted period of four hours or more.
Any such failure shall be measured commencing from the later to occur of (i)
Customer's cessation of use of the Service and (ii) notice from Customer to
Alpha Lyracom of such failure. Any such failure shall be deemed to have ended
upon the earlier to occur of (i) Customer's resumption of the use of the
Service and (ii) notice from Alpha Lyracom to Customer that Service is capable
of meeting the Service Specifications;
57
D-2-
"Customer-Provided Facilities" means all facilities necessary to the
provision, receipt, or use of the Service other than those facilities expressly
delivered as Alpha Lyracom-Provided Facilities;
"Domestic Data Space Segment Service" means space segment satellite
reception and retransmission service supplied in outerspace by Alpha Lyracom for
two-way private line voice and data communications, primarily within Argentina.
"FCC" means the United States Federal Communications Commission and any
successor agency thereto;
"Operational Requirements" means the requirements set forth in Appendix
B;
"Pan American Satellite" means a sole proprietorship which owns the
Satellite (Alpha Lyracom is the exclusive managing agent for Pan American
Satellite with respect to services to be offered from the Satellite);
"Satellite" or "Pas-1" means that certain communications satellite of
the GE astro Space 3000 series type, owned by and licensed to Pan American
Satellite and launched on June 15, 1988;
"Separate Systems Requirements" means the requirements set forth in
Appendix C;
"Service Transponder" means the Transponder, to be designated by Alpha
Lyracom, from which Service shall initially be provided to Customer. In order
to coordinate the provision of Service to Customer with the provision of
Service to other customers on the Satellite, the Service Transponder used to
provide Service may be changed, from time to time, on notice from Alpha
Lyracom to Customer;
"Spare Equipment" means certain spare equipment capacity in the event
of failure of a Transponder. This Spare Equipment consists of the following:
1. For C-Band narrowband Transponder (Transponder Nos. 1
through 12): one spare SSPA (solid-state-power-amplifier)
backing up the six vertically polarized SSPAs and one
spare SSPA backing up the six horizontally polarized SSPAs.
58
D-3-
2. For C-Band wideband Transponders (Transponder Nos. 13 through
18): one spare TWTA (traveling-wave-tube amplifier) backing up
the three vertically polarized TWTAs and one TWTA backing up
the three horizontally polarized TWTAs.
3. For Ku-Band Transponders (Transponder Nos. 19 through 24):
one spare TWTA backing up the six TWTAs.
"Transponder" means any transponder on the Satellite.
