1
EXHIBIT 10.2
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.
2
DOMESTIC DATA SERVICE AGREEMENT
This Domestic Data Service Agreement (the "Agreement") is made and
entered into this 7th day of April, 1992, by and between Alpha Lyracom Space
Communications, Inc. ("Alpha Lyracom") a Delaware corporation, and Resis, S.A.,
organized and existing under the laws of Argentina ("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").
2. Alpha Lyracom agrees to provide and Customer agrees to accept
Service from C-band capacity in the North Beam of the PAS-1 Satellite, in
accordance with the Service Specifications set forth in Appendix B (as
applicable) and the requirements set forth in paragraph 6 below and Table 1
(see attached). The capacity will accommodate the equivalent of forty-five full
duplex 64 kbps channels between Customer's 6.1 meter master earth station with
a minimum G/T of 26.2 dB/K located in Bogota, Columbia and 2.4 meter remote
stations with a minimum G/T of 18.4 dB/K within the -3 dB contour of the
assigned North Beam Transponder. Alpha Lyracom may, at its sole discretion,
substitute equivalent capacity on other North Beam Transponders. The Service is
based on Customer's use of R 1/2 FEC QPSK for the simplex circuits to the 2.4m
earth stations and R 3/4 FEC QPSK for the simplex circuits to the 6.1m earth
station.
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3. The Customer's obligations in using the Service include the
following:
a) Customer shall operate uplink and/or downlink earth
stations itself or contract with third parties to operate earth stations
between points within Colombia as specified in paragraph 2 of this Agreement,
meeting the performance and operational requirements set forth in Appendix B
hereto. Customer shall demonstrate compliance of its earth stations with these
requirements 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 Customer will agree under these conditions to
waive portions of the test procedures contained in Table 2. Customer shall be
required to change carrier power levels and center frequencies whenever such
changes are deemed necessary by Alpha Lyracom.
b) Customer warrants that the Service is primarily for
domestic use within Colombia. Notwithstanding the previous sentence:
(i) Customer may utilize a portion of the Service for International
service from Colombia 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) Customer may also utilize a portion of the Service for
international service between other countries (other than the United
States) in which Customer is
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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 Customer, subject to availability, through separate agreement
with Alpha Lyracom.
c) Customer further warrants that it has all the
necessary authorizations to enter into this Agreement and accept the Service in
Columbia.
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 November 1, 1992 (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,
Customer agrees to pay a monthly service fee ("Monthly Service Fee") of [
]* Customer
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 last months of the Service Term.
Monthly Service Fees are payable in advance, in accordance with Section 4 of
Appendix A. The Monthly Service Fees due from Customer shall be guaranteed by
Invertel pursuant to Appendix E of this Agreement.
6. The attached Table 1 contains the transmission parameters for the
Service. The bandwidth and EIRP specifications are based on the assumption that
the Service is designed to accommodate forty-five full-duplex 64 kbps links
between a 6.1m hub in
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* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
5
Bogota and 2.4m remote stations that lie on or within the -3dB downlink gain
contour of the assigned North Beam Transponder. Customer 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. In addition, Customer shall comply with the earth station
testing requirements contained in Appendix B and Table 2. Alpha Lyracom will
provide Customer with an initial carrier transmission plan within 30 days of
receiving the above information from Customer. This initial transmission plan
will accommodate the forty-five 64 kbps full-duplex data links using the
capacity specified in Table 1.
7. Customer may request that Alpha Lyracom change the transmission
plan to accommodate other carrier sizes, transmission parameters or other earth
station sizes or locations primarily within Colombia. Any request for deviation
from the initial carrier transmission plan must be submitted in writing to
Alpha Lyracom for its review and approval at least 30 days prior to the
requested date of implementation. Customer 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
Colombia 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 are in compliance with the above procedure.
Alpha Lyracom shall work with Customer to simplify and expedite the above
mentioned process.
8. Customer agrees to fully comply with all Operations Requirements
set forth in Appendix B, including the requirement to change carrier power
levels and center
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frequencies whenever such changes are deemed necessary by Alpha Lyracom to avoid
harmful interference.
9. The following attachments hereto are included and form part of
this Agreement:
Table 1 Transmission Parameters
Table 2 Earth Station Testing Procedures
Appendix A. Terms and Conditions for Data Service
Appendix B. Service Specifications and Operational
Requirements Applicable to Alpha Lyracom's
C-band Digital Transmission Service (North
Beam)
Appendix C. Separate Systems Requirements of the United
States Federal Communications Commission
Appendix D. Definitions
Appendix E. Guarantee
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 RESIS, S.A.
COMMUNICATIONS, INC.
By: /s/ Signature Illegible By:
------------------------------ --------------------------
Name: Name Illegible Name:
Title: President Title:
AGREED TO AND ACCEPTED WITH RESPECT TO SECTION 5 AND APPENDIX E:
INVERTEL, S.A.
By: /s/ XXXXXXX VERDAGER
------------------------------
Name: Xxxxxxx Verdager
Title: President
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Table 1
Transmission Parameters
for
7.9 MHz Capacity on the PAS-1 North Beam
Transponder Center Frequency (Uplink) [ ]* MHz
Transponder Center Frequency (Downlink) [ ]* MHz
Uplink Polarization Horizontal
Downlink Polarization Horizontal
Total Transponder Bandwidth [ ]* MHz
Maximum Available Bandwidth (Note 1) [ ]* MHz
Reference
Bogota Contour
Satellite G/T (Note 2) [ ]* db/K [ ]* db/K
Aggregate Operating Flux Density (Note 2, 3) [ ]* dBw/m [ ]* dBw/m
Maximum Available EIRP (Note 2, 3) [ ]* dBw [ ]* dBw
Nominal Intermodulation Density (Note 2, 4) [ ]* dBw/Hz [ ]* dBw/Hz
Minimum Co-Channel C/I [ ]* dB [ ]* dB
-------------------------------------------------------------------------------
Notes: 1) A minimum guard band must be provided at each end of the
allocated bandwidth which is equal to 5% of the bandwidth of the
carrier adjacent to that band edge.
2) Reference contour shown on attached Figures 1 & 2.
3) Powers shown are aggregate across all carriers within bandwidth
allocated to impact. Aggregate EIRP must not be exceeded & input
drive levels will be adjusted accordingly.
4) Intermod noise density is expected average over allocated
bandwidth. Peak density may exceed average by [ ]*. Transponder
is operated at a nominal output backoff of [ ]* dB.
5) Capacity is based on [ ]* simplex [ ]* kbps R1/2 QPSK
circuits and [ ]* kbps R3/4 simplex circuits.
-------------------------------------------------------------------------------
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
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Figure 2 - North Beam Downlink Reference Contour (See Table 1)
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Figure 1 - North Beam Uplink Reference Contour (See Table 1)
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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 NON-INTERFERING 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 OR 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.
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(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.
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(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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(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.
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(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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(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.
(1) 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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(c) VIDEO SERVICE INITIATION PROCEDURE
(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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(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
REJECTION.
(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 RESOLUTION
(a) SELF-GENERATED INTERFERENCE MUST BE CORRECTED IMMEDIATELY EVEN IF
THAT REQUIRES REMOVING THE INTERFERING CARRIER FROM SERVICE.
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(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.
19
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
20
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 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 rata Service Fee due for that
portion of the Service during which a Confirmed Outage shall
21
A2
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.
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
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.
22
A3
9. FORCE MAJEURE. Any failure or delay in the performance by Alpha
Lyracom of its obligation to commence or 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, snowstorm, fire, flood, strikes or labor
disputes (excluding any strikes or labor disputes by Alpha Lyracom employees),
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-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.
23
A4
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 attorney's 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 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 it is actually received by Alpha
Lyracom. Customer acknowledges that such delinquency charge is reasonable under
all the circumstances existing as of the date hereof. 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.
24
A5
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.
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 such 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 Colombia 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 writing
and, shall be deemed received upon actual delivery or completed facsimile
addressed to the other party as follows:
25
A6
To Alpha Lyracom at: Xxx Xxxxxxxx Xxxxx
Xxxxxxxxx, Xxxxxxxxxxx 00000
Attention: General Counsel
Facsimile: 203/622/9163
To Customer at:
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.
22. 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.
26
11/21/91
APPENDIX B
SERVICE SPECIFICATIONS AND OPERATIONAL REQUIREMENTS
APPLICABLE TO ALPHA LYRACOM'S C-BAND DIGITAL TRANSMISSION SERVICE
(NORTH BEAM)
1.0 SERVICE SPECIFICATIONS
Alpha Lyracom's North Beam 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 annual satellite link availability of 89.6% (relative to
a threshold BER of 10-6), when the 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 55 kbps to 8.448 Mbps. These
reference parameters are based on the following:
(1) QPSK modulation with Rate 1/2 FEC is assumed for all carrier sizes;
(2) for bit rates lower than 1.544 Mbps, the use of sequential decoding is
assumed; for higher bit rates, either sequential or Viterbi decoding
is assumed:
(3) the occupied bandwidth is assumed to be 0.6 times the transmission
rate;
(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 25kHz.
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
27
-B2-
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. North Beam
digital service is provided in transponder 9 and 18. Transponder 9 operates on
the uplink over the frequency range 0000-xx-0000 XXx and on the downlink over
the frequency range 3802-to-3838 MHz. Transponder 18 operates on the uplink over
the frequency range 0000-xx-0000 XXx and on the downlink over the frequency
range 4124-to-4196 MHz. Earth stations must be capable of operation over the
full operating bandwidth of both transponder 9 and 18.
C-band carriers transmitted to the satellite via the North Uplink beam must be
horizontally polarized. Carriers received from the North Downlink beam are also
horizontally polarized.
The satellite communications subsystem translates uplink frequencies in the 6
DHz 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
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.
28
-B3-
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
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 several 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 the customer's service agreement,
Earth Stations which lie within the downlink reference contour shown in Figure
2 must have a minimum G/T of 19.7 dB/K (@ 3950 MHz) in order for the service
specifications given in Section 1.0 to be achieved.
Earth stations which lie outside of the downlink reference contour generally
must have a G/T higher than 19.7 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 < = 29-25 log (theta) dBi, 1 degree < theta < = 7 degree
10
G < = 8 dBi, 7 degree < theta < = 9.2 degree
G < = 32-25 log (theta) dBi, 9.2 degree < theta < = 48 degree
10
G < = -10 dBi, theta > 48 degree
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.
4.4 TRANSMIT AND RECEIVE POLARIZATION
C-band earth stations used for Alpha Lyracom digital transmission service must
operate on the horizontal polarization for both transmit and receive if they
are accessing North 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.
29
-B4-
4.5 MODEM REQUIREMENTS
Achievement of the service specifications given in Section 1.0 is predicated on
the use of a modem that operates at a BER of 10-8 or better (in the presence
of multiple, adjacent, equal amplitude carriers), when the C/N in the occupied
carrier bandwidth is equal to or greater than the C/N listed in column 5 of
Table 1. The modem must also provide a BER of 10-6 or better when the C/N in
the occupied bandwidth is equal to or greater than the C/N listed in column 6
of Table 1.
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.
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 several 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
30
- B5 -
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
frequency synthesizers that provide independent transmit and receive frequency
agility, in steps of 25 kHz, over a full 38 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 +/1 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.]
(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.
5.0 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.
31
- B6 -
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 letter requirement can be satisfied through the use of the BER
monitoring facility built into most digital modems.
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 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
32
- B7 -
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 during 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 shall 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. All 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 1
REFERENCE TRANSMISSION PARAMETERS FOR ALPHA LYRACOM'S
NORTH BEAM DIGITAL TRANSMISSION SERVICE CARRIERS
Information Transmission Occupied Allocated Carrier-to-Noise Ratio
Rate Rate Bandwidth Bandwidth ----------------------
----------- ------------ --------- --------- (BER=10-8) (BER=10-6)
(bits/sec) (bits/sec) (Hz) (Hz) (dB) (dB)
56 k 112 k 67.2 k 100 k 5.3 4.8
64 k 128 k 76.8 k 100 k 5.3 4.8
128 k 256 k 153.6 k 200 k 5.4 4.9
256 k 512 k 307.2 k 375 k 5.5 5.0
384 k 768 k 460.8 k 550 k 5.5 5.0
512 k 1.024 M 614.4 k 725 M 5.5 5.0
1.544 M 3.088 M 1.853 M 2.175 M 6.1 5.7
2.048 M 4.096 M 2.458 M 2.876 M 6.1 5.7
4.096 M 8.192 M 4.915 M 5.750 M 6.1 5.7
5.312 M 12.624 M 7.574 M 8.850 M 6.1 5.7
8.448 M 16.896 M 10.138 M 11.850 M 6.1 5.7
34
Table 2-MAXIMUM EARTH STATION EIRP FOR ALPHA LYRACOM'S NORTH BEAM
DIGITAL TRANSMISSION SERVICE CARRIERS
Information EIRP
Rate ----
----------- (dBW)
(bits/sec)
56 k 47.6
64 k 48.2
128 k 51.3
256 k 54.4
384 k 56.1
512 k 57.4
1.544 M 62.8
2.048 M 64.0
4.096 M 67.0
6.312 M 68.9
8.448 M 70.2
35
FIGURE 2
NORTH BEAM DOWNLINK GAIN CONTOUR
--------------------------------
ALPHA LYRACOM
SPACE COMMUNICATION
ENGINEERING AND OPERATIONS GROUP
36
FIGURE 1
NORTH BEAM UPLINK GAIN CONTOUR
--------------------------------
ALPHA LYRACOM
SPACE COMMUNICATION
ENGINEERING AND OPERATIONS GROUP
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 Service 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 Service 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 Service 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
Service 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 Service 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.
3. PBX INTERCONNECTION. Customer shall not, and it shall not permit any of
its customers to, interconnect Service 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 Service, 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 Service to their customers, Customer shall require its customers to
impose all of the foregoing requirements on their customers.
----------------------------
(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.
(2) Under certain additional restrictions that prevent interconnec-
tion 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.
38
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;
"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 Colombia.
"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;
39
"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.
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.
40
APPENDIX E
GUARANTEE OF MONTHLY SERVICE FEE PAYMENT
By the execution hereof, Invertel, S.A., a company organized and existing under
the laws of Argentina, does hereby unconditionally guarantee to Alpha Lyracom,
its successors and assigns, the prompt payment of the Monthly Service Fees due
and payable by Resis to Alpha Lyracom under paragraph 5 of the Agreement.
Dated as of the day and year first above written.
By:__________________________________
Name:________________________________
Title:_______________________________
41
AMENDMENT TO INTERNATIONAL DIGITAL SERVICE AGREEMENT
THIS AMENDMENT (this "Amendment") is made and entered into as of the
23rd day of April, 1993, by and between PanAmSat, L.P. (Limited Partnership), a
Delaware limited partnership, ("PanAmSat") and Resis, S.A., organized and
existing under the laws of Argentina ("Customer").
WHEREAS, Alpha Lyracom Space Communications, Inc. ("Alpha Lyracom") and
Customer entered into that certain "Domestic Data Service Agreement", on the
7th day of April, 1992 (the "Agreement").
WHEREAS, the Agreement was assigned by Alpha Lyracom to PanAmSat as of
October 31, 1992.
WHEREAS, the parties desire to amend the Agreement in certain respects
to include the provision of 5 MHz of PAS-1 Latin Beam capacity to the existing
7.9 MHz of existing PAS-1 North Beam capacity being provided under the
Agreement and other related changes to the Agreement as set forth below.
NOW, THEREFORE, in consideration of the above and other good and
valuable consideration acknowledged by the parties to have been given, the
parties mutually agree to amend the Agreement as follows:
1. All capitalized terms used in this Amendment, unless otherwise defined, have
the meanings ascribed to them in the Agreement.
2. In addition to the Service provided pursuant to the Agreement (7.9 MHz of
PAS-1 North Beam capacity), 5 MHz of PAS-1 Latin Beam capacity shall be
provided, in accordance with the Service Specifications set forth in
Appendix F and the Transmission Parameters set forth in Table 3 attached
hereto (the "Additional Services"). Such Additional Services shall commence
on April 23, 1993 and continue through end on the Service Term.
3. Hereafter, for the remainder of the Service Term, the Monthly Service Fee
shall be increased by [ ]*
4. An additional deposit of [ ]* shall be due on or before execution of
this Amendment (the "Additional Deposit") and shall be applied to the last
month's Service Fee.
5. Customer may utilize the Additional Service for itself or its subsidiaries
or may resell service in modulated bit rates only for the provision of value
added services to its end-user customers. Customer shall not resell
unmodulated capacity (i.e. bandwidth only) provided by PanAmSat under the
Agreement to any third party.
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
42
- 2 -
6. The Service Fees set forth in the Agreement are space segment fees based on
bandwidth limited rather than power limited capacity. In the event Customer
requires incremental additions to its satellite resource whereby the
aggregate satellite resource becomes power limited, PanAmSat will analyze
Customer's frequency plan to assess the additional service charges
associated to each individual carrier, if any. Such analysis will be
performed on a case-by-case basis to determine the appropriate service
charges and will, subject to availability, take into account the satellite
resources required (Bandwidth and Satellite EIRP) relative to the
requirements of the referenced carriers. PanAmSat shall determine, in its
sole judgment, the actual satellite utilization in the event this procedure
is deemed necessary.
7. A transmission plan for the Additional Services shall be provided by
Customer on or before execution of the Amendment.
All of the terms and conditions of the Agreement shall continue to apply, with
the exception of those provisions 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.
EACH OF THE UNDERSIGNED PARTIES has duly executed this Amendment as of
the day and year first above written.
PANAMSAT, L.P. RESIS, S.A.
(Limited Partnership), by
PANAMSAT, INC., General Partner
By: By: /s/ Xxxxxxxxx Xxxxx
------------------------------- --------------------------------
Name: Name:
Title: Title:
43
AMENDMENT TO INTERNATIONAL DIGITAL SERVICE AGREEMENT
THIS AMENDMENT (this "Amendment") is made and entered into as of the
28th day of October, 1993, by and between PanAmSat, L.P. (Limited Partnership),
a Delaware limited partnership, ("PanAmSat") and Resis, S.A., organized and
existing under the laws of Argentina ("Customer").
WHEREAS, Alpha Lyracom Space Communications, Inc. ("Alpha Lyracom") and
Customer entered into that certain "Domestic Data Service Agreement", on the
7th day of April, 1992, as amended (the "Agreement"),
WHEREAS, the Agreement was assigned by Alpha Lyracom to PanAmSat as of
October 31, 1992,
WHEREAS, the parties desire to amend the Agreement in certain respects
to include the provision of an additional 4.5 MHz of PAS-1 North Beam capacity
to the existing 7.9 MHz of existing PAS-1 North Beam capacity being provided
under the Agreement and other related changes to the Agreement as set forth
below.
NOW, THEREFORE, in consideration of the above and other good and
valuable consideration acknowledged by the parties to have been given, the
parties mutually agree to amend the Agreement as follows:
1. All capitalized terms used in this Amendment, unless otherwise defined, have
the meanings ascribed to them in the Agreement.
2. In addition to the Service provided pursuant to the Agreement, 4.5 MHz of
North Beam capacity on Transponder 16 of the PAS-1 satellite shall be
provided, in accordance with the North Beam Service Specifications set forth
in Appendix B of the Agreement and the Transmission Parameters set forth in
Table 4 attached hereto (the "Additional North Beam Service"). Such
Additional North Beam Service shall commence on November 1, 1993 and
continue through end on the Service Term.
3. Pursuant to Section 2 above, as of November 1, 1993 the Monthly Service Fee
shall be increased by [ ]* per month for the
remainder of the Service Term.
4. An additional deposit of [ ]* shall be due on or before execution of
this Amendment (the "Additional Deposit") and shall be applied to the first
and last month's Service Fee for the Additional North Beam Service.
5. Customer may utilize the Additional North Beam Service for itself or its
subsidiaries or may resell service in modulated hit rates only for the
provision of value added services to its end-user customers. Customer shall
not resell unmodulated capacity (i.e. bandwidth only) provided by PanAmSat
under the Agreement to any third party.
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
44
- 2 -
6. The Service and Service Fees set forth in this Amendment are based on
bandwidth limited rather than power limited capacity. In no event shall the
aggregate satellite resource become power limited.
7. A transmission plan for the Additional North Beam Service shall be provided
by Customer immediately upon execution of the Amendment.
All of the terms and conditions of the Agreement shall continue to apply, with
the exception of those provisions 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.
EACH OF THE UNDERSIGNED PARTIES has duly executed this Amendment as of the
day and year first above written.
PANAMSAT, L.P. RESIS, S.A.
(Limited Partnership), by
PANAMSAT, INC., General Partner
By: By: /s/ XXXXXXXXX XXXXX
------------------------------- ---------------------------------
Name: Name:
Title: Title:
45
PAN AM SAT L.P.
Additional 4.5 MHz Capacity on the PAS-1 North Beam
RESIS S.A.
Transponder Center Frequency (Uplink) [ ]* MHz
Transponder Center Frequency (Downlink) [ ]* MHz
Lower Band Edge [ ]* Mhz/[ ]* MHz
Upper Band Edge [ ]* MHz/[ ]* MHz
Uplink Polarization Horizontal
Downlink Polarization Horizontal
Total Transponder Bandwidth [ ]* MHz
Maximum Available Bandwidth [ ]* MHz
Bogota Reference
Contour
Satellite G/T (Note 2) [ ]* dB/K [ ]* dB/K
Aggregate Operating Flux Density (Note 2,3) [ ]* dBw/m [ ]* dBw/K
Maximum Available EIRP (Note 2,3) [ ]* dBw [ ]* dBw
Nominal Intermodulation Density (Note 2,4) [ ]* dBw/Hz [ ]* dBw/Hz
Minimum Co-Channel [ ]* dB [ ]* dB
Notes:
1) A minimum guard band must be provided at each end of the allocated
bandwidth which is equal to 5% of the bandwidth of the carrier adjacent
to that band edge.
2) Reference contour shown on attached Figures 1 & 2.
3) Powers shown are aggregate across all carriers within bandwidth
allocated to Impsat. Aggregate EIRP must not be exceeded & input drive
levels will be adjusted accordingly.
4) Intermod noise density is expected average over allocated bandwidth.
Peak density may exceed average by [ ]* dB. Transponder is operated at
a nominal output backoff of [ ]* dB.
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
46
THIRD AMENDMENT TO INTERNATIONAL DIGITAL SERVICE AGREEMENT
THIS AMENDMENT (this "Amendment") is made and entered into as of the
28th day of April, 1994, by and between PanAmSat, L.P. (Limited Partnership),
a Delaware limited partnership, ("PanAmSat"), and Resis S.A., organized and
existing under the laws of Argentina ("Customer").
WHEREAS, Alpha Lyracom Space Communications, Inc. ("Alpha Lyracom") and
Customer entered into that certain "Domestic Data Service Agreement," on the
7th day of April, 1992, as amended on the 23rd day of April, 1993, and on the
28th day of October, 1993 (the "Agreement").
WHEREAS, the Agreement was assigned by Alpha Lyracom to PanAmSat as of
October 31, 1992.
WHEREAS, the parties desire to amend the Agreement in certain respects
to include the provision of an additional 0 XXx xx XXX-0 Xxxxx Xxxx capacity to
the existing 12.4 MHz of PAS-1 North Beam capacity ("Existing North Beam
Capacity"), and 5 MHz of Latin Beam capacity, being provided under the
Agreement and other related changes to the Agreement as set forth below.
NOW, THEREFORE, in consideration of the above and other good and
valuable consideration acknowledged by the parties to have been given, the
parties mutually agree to amend the Agreement as follows:
1. All capitalized terms used in this Amendment, unless otherwise defined,
have the meanings ascribed to them in the Agreement.
2. In addition to the Service provided pursuant to the Agreement, 4 MHz of
North Beam capacity on Transponder 16 of the PAS-1 satellite shall be
provided, in accordance with the North Beam Service Specifications set
forth in Appendix B of the Agreement and the Transmission Parameters set
forth in Table 5 attached hereto (the "Second Additional North Beam
Service"). The Second Additional North Beam Service shall commence on
May 1, 1994 and continue until 23:59 Greenwich Mean Time on May 1, 1999
("Second Additional North Beam Service Term").
3. Pursuant to Section 2 above, as of May 1, 1994 the Monthly Service Fee
shall be increased by [ ]* per month until
the end of the Second Additional North Beam Service Term, at which time
the Second Additional North Beam Service shall end and the Monthly
Service Fee shall be [ ]* for the remainder of the Service Term of
the Agreement.
4. An additional deposit of [ ]* shall be due on or before execution
of this Amendment (the "Additional Deposit") and shall be applied to the
last month's Service Fee for the Second Additional North Beam Service.
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
47
-2-
5. Customer may utilize the Second Additional North Beam Service for itself
or its subsidiaries or may resell service in modulated bit rates only
for the provision of value added services to its end-user customers.
Customer shall not resell unmodulated capacity (i.e. bandwidth only)
provided by PanAmSat under the Agreement to any third party.
6. The Service and Service Fees set forth in this Amendment are based on
bandwidth limited rather than power limited capacity. In no event shall
the aggregate satellite resource become power limited.
7. A transmission plan for the Second Additional North Beam Service shall
be provided by Customer immediately upon execution of the Amendment.
All of the terms and conditions of the Agreement shall continue to apply, with
the exception of those provisions 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.
EACH OF THE UNDERSIGNED PARTIES has duly executed this Amendment as of
the day and year first above written.
PANAMSAT, L.P. RESIS S.A.
(Limited Partnership), by
PANAMSAT, INC., General Partner
By: /s/ Xxxxxxxxx X. Xxxxxxx By: /s/ XXXXXXXXX XXXXX
------------------------ -------------------------
Name: Xxxxxxxxx X. Xxxxxxx Name: Xxxxxxxxx Xxxxx
Title: President Title:
48
PanAmSat
Transmission Parameters
for
4.0 MHz Capacity on the PAS-1 18 North Beam
IMPSAT Resis
Transponder Center Frequency (Uplink) [ ]* MHz
Assigned Center Frequency (Uplink) [ ]* MHz
Transponder Center Frequency (Downlink) [ ]* MHz
Assigned Center Frequency (Downlink) [ ]* MHz
Uplink Polarization Horizontal
Downlink Polarization Horizontal
Total Transponder Bandwidth [ ]* MHz
Maximum Available Bandwidth (Note 1) [ ]* MHz
-3 dB Ref
Bogota Contour
Satellite G/T (Note 2) [ ]* dB/K [ ]* dB/K
Aggregate Operating Flux Density (Note 2,3) [ ]* dBw/m [ ]* dBw/m
Maximum Available EIRP (Note 2,3) [ ]* dBw [ ]* dBw
Nominal Intermodulation Density (Note 2,4) [ ]* dBw/Hz [ ]* dBw/HZ
Minimum Co-Channel C/1 [ ]* dB [ ]* dB
NOTES: 1) A minimum guard band must be provided at each end of the allocated
bandwidth which is equal to 5% of the bandwidth of the carrier
adjacent to that band edge.
2) Reference contour shown on attached Figures 1&2.
3) Powers shown are aggregate across all carriers within bandwidth
allocated to Impsat. Aggregate EIRP must not be exceeded & input
drive levels will be adjusted accordingly.
4) Intermod noise density is expected average over allocated
bandwidth. Peak density may exceed average by [ ]* dB.
5) Transponder is operated at a nominal output backoff of [ ]* dB.
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
49
SECOND AMENDMENT TO DOMESTIC DATA SERVICE AGREEMENT
THIS AMENDMENT (this "Amendment") is made and entered into as of the
1st day of November, 1994, by and between PanAmSat, L.P. (Limited Partnership)
("PanAmSat") and RESIS S.A. ("Customer").
WHEREAS, PanAmSat and Customer entered into that certain "Domestic Data
Service Agreement" on the 30th day of May, 1991, as amended (the "Agreement"),
and
WHEREAS, Customer desires to provide certain telecommunications
services via PanAmSat (as required by the Bolivian PTT, Entel) to its customer
utilizing capacity acquired under the Agreement,
WHEREAS, pursuant to the foregoing, PanAmSat and Customer desire to
amend the Agreement in certain respects to reduce, during the term of this
Amendment, the amount of capacity provided to Customer by PanAmSat which
capacity PanAmSat shall contract with Entel to provide service to Customer's
customer.
NOW, THEREFORE, in consideration of the above and other good and
valuable consideration acknowledged by the parties to have been given, the
parties mutually agree to amend the Agreement as follows:
1. All capitalized terms used in this Amendment, unless otherwise defined,
have the meanings ascribed to them in the Agreement.
2. The Service on the Latin Beam of the PAS-1 Satellite as set forth in
the Agreement shall be reduced by one simplex 64 kbps circuit (the
"Reduced Capacity"), to a total of 79 full duplex and 1 simplex
64 kbps channels of capacity (the "Service"), effective November 1,
1994 (the "Effective Date") and shall continue until one year from
the Effective Date (the "Reduced Capacity Term").
3. This Amendment shall be effective as of the first date written above
and shall expire on the same date as the Reduced Capacity Term,
unless sooner.
4. During the Reduced Capacity Term, the Monthly Service Fee for the 79
full duplex and 1 simplex 64 kbps channels of PAS-1 Latin Beam capacity
shall be decreased by [ ]* per month to a total of [ ]*
per month.
5. During the Reduced Capacity Term, PanAmSat shall provide such 64 kbps of
reacquired capacity to Entel (Bolivia) under separate agreement for the
provision of service to Customer's customer (the "Entel Agreement"). In
the event the Entel Agreement is terminated for any reason prior to the
expiration of the Reduced Capacity Term, this Amendment shall
automatically terminate. The matching 64 kbps simplex circuit shall be
contracted for between Customer and Entel under separate Agreement.
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
50
- 2 -
6. Upon expiration of the Reduced Capacity Term, PanAmSat shall return to
Customer 64 kbps simplex channel of Latin Beam capacity, increasing the
total PAS-1 Latin Beam capacity provided by PanAmSat to Customer from
79 full duplex and 1 simplex kbps channels to 80 full duplex 64 kbps
channels.
7. Upon expiration or early termination of the Amendment as set forth
above, the Monthly Service Fee shall return to [ ]* for the
remaining Service Term of the Agreement.
8. PanAmSat hereby authorizes Customer to utilize the matching simplex
64 kbps circuit provided by Customer to Entel under separate agreement
(as referenced in Section 4 above) for service between Bolivia and
Venezuela, notwithstanding any use restrictions set forth in the
Agreement to the contrary.
All of the terms and conditions of the Agreement shall continue to apply, with
the exception of those provisions 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.
EACH OF THE UNDERSIGNED PARTIES has duly executed this Amendment as of
the day and year first above written.
PANAMSAT, L.P. RESIS S.A.
(Limited Partnership), by
PANAMSAT, INC., General Partner
By: /s/ Xxxxxxxxx X. Xxxxxxx By: /s/ Xxxxxxxxx X. Xxxxx
---------------------------- ---------------------------
Name: Xxxxxxxxx X. Xxxxxxx Name: Xxxxxxxxx X. Xxxxx
Title: President Title: President
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
51
AMENDMENT TO DOMESTIC DATA SERVICE AGREEMENT
THIS AMENDMENT (this "Amendment") is made and entered into as of the
9th day of January, 1995, by and between PanAmSat, L.P. (Limited Partnership)
("PanAmSat") and Resis, S.A. ("Customer").
WHEREAS, PanAmSat, as successor in interest to Alpha Lyracom Space
Communications, Inc., and Customer entered into that certain Domestic Data
Service Agreement on the 7th day of April, 1992, as amended (the "Agreement"),
and
WHEREAS, PanAmSat and Customer agree to amend the Agreement in certain
respects to include the provision of an additional 0 XXx xx XXX-0 Xxxxx Xxxx
capacity to the existing Service being provided under the Agreement and other
related changes to the Agreement as set forth below.
NOW, THEREFORE, in consideration of the above and other good and
valuable consideration acknowledged by the parties to have been given, the
parties mutually agree to amend the Agreement as follows:
1. All capitalized terms used in this Amendment, unless otherwise defined,
have the meanings ascribed to them in the Agreement.
2. ADDITIONAL CAPACITY. In addition to the Service provided under the
Agreement, PanAmSat agrees to provide, and Customer agrees to accept, 6
MHz of North Beam capacity on Transponder of the PAS-1 Satellite (the
"Additional Capacity Service") for a total of 22.4 MHz of North Beam
capacity pursuant to the terms set forth herein and in the Agreement. The
Additional Capacity shall be provided in accordance with the Service
Specifications contained in Appendix B to the Agreement and the
transmission parameters contained in Attachment 1 to this Amendment.
References in the Agreement and its appendices to the "Service" or to the
"space segment capacity" shall, in context, be deemed to include
references to the Additional Capacity Service.
3. ADDITIONAL CAPACITY SERVICE TERM. The service term for the Additional
Capacity Service ("Additional Capacity Service Term") shall start on
January 9, 1995 ("Additional Capacity Service Date") and expire on the
Service Date (the date service commences on the new Atlantic Ocean Region
Satellite ("PAS-3R")), as defined in the Full-Time Transponder Service
Agreement for Data Service Delivery (Pre-Launch) entered into between
Customer and PanAmSat on the 18th day of August, 1994, as amended by the
First Amendment thereto to be entered into simultaneously herewith.
4. SERVICE FEE. As of the Additional Capacity Service Date, the total Monthly
Service Fee shall be increased by [ ]* per month to a total of [
]* per month.
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
52
-2-
5. ADDITIONAL DEPOSIT. An additional deposit of [ ]* shall be due on or
before execution of this Amendment (the "Additional Deposit") and shall be
applied to the Monthly Service Fee for the last month of the Additional
Capacity Service Term.
6. Upon expiration of the Additional Capacity Service Term, the Service on
the North Beam shall be reduced by 6 MHz to a revised total of 16.4 MHz of
North Beam capacity on the PAS-1 Satellite.
7. Upon expiration of the Additional Capacity Service Term, the Monthly
Service Fee shall be reduced to [ ]* pursuant to the terms set
forth in the Agreement.
8. Void
9. The 5 MHz contracted in the Latin Beam as per amendment dated
April 23, 1993 remains unchanged.
All of the terms and conditions of the Agreement shall continue to apply, with
the exception of those provisions 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.
EACH OF THE UNDERSIGNED PARTIES has duly executed this Amendment as of
the day and year first above written.
PANAMSAT, L.P (Limited Partnership), RESIS, S.A.
by PANAMSAT, INC., General Partner
By: [Signature Illegible] By: /s/ XXXXXXXXX XXXXX
---------------------- -------------------------
Name: Name:
Title: Regional V.P. Latin America Title:
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
53
PanAmSat L.P.
(Limited Partnership)
Transmission Parameters
for
6.0 MHz Capacity on the PAS-1 Transponder 7 North Beam
IMPSAT Resis
Transponder Center Frequency (Uplink) [ ]* MHz
Assigned Center Frequency (Uplink) [ ]* MHz
Transponder Center Frequency (Downlink) [ ]* MHz
Assigned Center Frequency (Downlink) [ ]* MHz
Uplink Polarization Horizontal
Downlink Polarization Horizontal
Total Transponder Bandwidth [ ]* MHz
Maximum Available Bandwidth (Note 1) [ ]* MHz
Beam Center
Satellite G/T (Note 2) [ ]* dB/K
Aggregate Operating Flux Density (Note 2,3) [ ]* dBW/m
Maximum Available EIRP (Note 2,3) [ ]* dBW
Nominal Intermodulation Density (Note 2,4) [ ]* dBW/Hz
Minimum Co-Channel C/1 [ ]* dB
Notes: 1) A minimum guard band must be provided at each end of the allocated
bandwidth which is equal to 5% of the bandwidth of the carrier
adjacent to that band edge.
2) Reference contour shown on attached Figure 1.
3) Powers shown are aggregate across all carriers within bandwidth
allocated to IMPSAT. Aggregate EIRP must not be exceeded & input
drive levels will be adjusted accordingly.
4) Intermod noise density is expected average over allocated bandwidth.
Peak density may exceed average by [ ]* dB.
5) Transponder is operated at a nominal output backoff of [ ]* dB.
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
54
FOURTH AMENDMENT TO DOMESTIC DATA SERVICE AGREEMENT
THIS AMENDMENT (this "Amendment") is made and entered into as of the
1st day of June, 1995, by and between PanAmSat Corporation ("PanAmSat") and
Resis, S.A. ("Customer").
WHEREAS, PanAmSat, as successor in interest to Alpha Lyracom Space
Communications, Inc., and Customer entered into that certain Domestic Data
Service Agreement on the 7th day of April 1992, as amended (the "Agreement"),
and
WHEREAS, PanAmSat and Customer agree to amend the Agreement in certain
respects.
NOW, THEREFORE, in consideration of the above and other good and
valuable consideration acknowledged by the parties to have been given, the
parties mutually agree to amend the Agreement as follows:
1. All capitalized terms used in this Amendment, unless otherwise
defined, have the meanings ascribed to them in the Agreement.
2. ADDITIONAL CENTRAL BEAM CAPACITY. In addition to the Service
provided under the Agreement, PanAmSat agrees to provide, and
Customer agrees to accept, 2 MHz of Central Beam capacity on the
PAS-1 Satellite (the "Additional Central Beam Capacity Service") for
a total of 2 MHz of Central Beam capacity pursuant to the terms set
forth herein and in the Agreement. The Additional Central Beam
Capacity shall be provided in accordance with the Service
Specifications contained in Appendix B to the Agreement and the
transmission parameters contained in Attachment 1 to this Amendment.
References in the Agreement and its appendices to the "Service" or
to the "space segment capacity" shall, in context, be deemed to
include references to the Additional Central Beam Capacity Service.
3. ADDITIONAL CENTRAL BEAM CAPACITY SERVICE TERM. The service term for
the Additional Central Beam Capacity Service ("Additional Central
Beam Capacity Service Term") shall start on May 1, 1995 and expire
on the "Service Date" for Customer's service on PanAmSat's new
Atlantic Ocean Region Satellite ("PAS-3R"), as defined in Section
7.1 of the Full-Time Transponder Service Agreement for Data Service
Delivery (Pre-Launch), entered into between Customer and PanAmSat on
the 18th day of August, 1994, as amended by the First Amendment
entered into on the 29th day of March, 1995.
4. SERVICE FEE. As of the Additional Central Beam Capacity Service
Date, the total Monthly Service Fee shall be increased by [ ]*
per month to a total of [ ]* per month.
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
55
- 2 -
5. ADDITIONAL DEPOSIT. An additional deposit of [ ]* shall be due
on or before execution of this Amendment (the "Central Beam Capacity
Additional Deposit") and shall be applied to the Monthly Service Fee
for the first and last month of the Additional Central Beam Capacity
Service Term.
6. Upon expiration of the Additional Central Beam Capacity Service
Term, the Service on the Central Beam shall be reduced by 2 MHz to a
revised total of 0 MHz of Central Beam capacity on the PAS-1
Satellite.
7. Upon expiration of the Additional Central Beam Capacity Service
Term, the Monthly Service Fee shall be reduced to [ ]*
pursuant to the terms set forth in the Agreement.
All of the terms and conditions of the Agreement shall continue to apply, with
the exception of those provisions 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.
EACH OF THE UNDERSIGNED PARTIES has duly executed this Amendment as of
the day and year first above written.
PANAMSAT CORPORATION RESIS, S.A.
By: /s/ Xxxxxxxxx X. Xxxxxxx By: /s/ Xxxxxxxxx Xxxxx
_________________________ ____________________________
Name: Xxxxxxxxx X. Xxxxxxx Name:
Title: President Title:
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
56
PanAmSat
Transmission Parameters
for
Impsat Resis
2 MHz Capacity on the PAS-1 Transponder 17 Central Beam
(Corrected)
Transponder Center Frequency (Uplink) [ ]* MHz
2 MHz Assigned Center Frequency (Uplink) [ ]* MHz
Transponder Center Frequency (Downlink) [ ]* MHz
2 MHz Assigned Center Frequency (Downlink) [ ]* MHz
Uplink Polarization Horizontal
Downlink Polarization Horizontal
Total Transponder Bandwidth [ ]* MHz
Maximum Available Bandwidth (Note 1) [ ]* MHz
BEAM CENTER
Satellite G/T (Note 2) [ ]* dB/K
Aggregate Operating Flux Density (Note 2,3) [ ]* dBW/m
Maximum Available EIRP (Note 2,3) [ ]* dBW
Nominal Intermodulation Density (Note 2,4) [ ]* dBW/Hz
Minimum Co-Channel C/1 [ ]* dB
Notes: 1) A minimum guard band must be provided at each
end of the allocated bandwidth which is equal to
5% of the bandwidth of the carrier adjacent to that
band edge.
2) Reference contour shown on attached Figure 1.
3) Powers shown are aggregate across all carriers
within bandwidth allocated to Impsat Resis.
Aggregate EIRP must not be exceeded & input
drive levels will be adjusted accordingly.
4) Intermod noise density is expected average over
allocated bandwidth. Peak density may exceed
average by [ ]* dB.
5) Transponder is operated at a nominal output
backoff of [ ]* dB.
Attachment 1
* CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and
filed separately with the Commission.
57
AMENDMENT TO DOMESTIC DATA SERVICE AGREEMENT
THIS AMENDMENT (this "Amendment") is made and entered into as of the
1st day of August, 1995, by and between PanAmSat Corporation ("PanAmSat") and
Resis, S.A. ("Customer").
WHEREAS, PanAmSat, as successor in interest to PanAmSat, L.P., and
Customer entered into that certain Domestic Data Service Agreement on the 7th
day of April, 1992, as amended on the 23rd day of April, 1993; and on the 28th
day of October, 1993; and on the 28th day of April, 1994; and on the 23rd day
of January, 1995; and on the 1st day of June, 1995 (the "Agreement"), and
WHEREAS, PanAmSat and Customer agree to amend the Agreement in certain
respects.
NOW, THEREFORE, in consideration of the above and other good and
valuable consideration acknowledged by the parties to have been given, the
parties mutually agree to amend the Agreement as follows:
1. All capitalized terms used in this Amendment, unless otherwise
defined, have the meanings ascribed to them in the Agreement.
2. The "Additional Capacity Service Term" shall be revised to remain
effective until the end of the life of PAS-1, estimated at 13.25
years after reaching on-station status (June 28, 1988) (the
"Revised Additional Capacity Service Term").
All of the terms and conditions of the Agreement shall continue to apply, with
the exception of those provisions 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.
EACH OF THE UNDERSIGNED PARTIES has duly executed this Amendment as of
the day and year first above written.
PANAMSAT CORPORATION RESIS S.A.
By: /s/ Xxxxxxxxx X. Xxxxxxx By: /s/ XXXXXXXXX XXXXX
------------------------------ -------------------------------
Name: Xxxxxxxxx X. Xxxxxxx Name:
Title: President Title:
58
AMENDMENT TO DOMESTIC DIGITAL SERVICE AGREEMENT
THIS AMENDMENT (this "Amendment") is made and entered into as of the 26th
day of September, 1995, by and between PanAmSat Corporation ("PanAmSat"), Resis
S.A. ("Resis") and International Satellite Communication Holding Limited
("I.S.C.H.").
WHEREAS, PanAmSat, as successor in interest to PanAmSat, L.P., and Resis
entered into that certain Domestic Digital Service Agreement on the 7th day of
April, 1992, as amended on the 23rd day of April, 1993; and on the 28th day of
October, 1993; and on the 28th day of April, 1994; and on the 23rd day of
January, 1995; and on the 1st day of June, 1995; and on the 26th days of July,
1995 (the "Agreement"), and
WHEREAS, PanAmSat and the Parties agree to amend the Agreement in certain
respects.
NOW, THEREFORE, in consideration of the above and other good and valuable
consideration acknowledged by the parties to have been given, the parties
mutually agree to amend the Agreement as follows:
1. All capitalized terms used in this Amendment, unless otherwise defined,
have the meanings ascribed to them in the Agreement.
2. Effective immediately upon execution by the parties of this Amendment,
Resis hereby assigns all of its rights and obligations under the Agreement
to I.S.C.H., a corporation organized and existing under the laws of
Liechtenstein, and I.S.C.H. agrees to assume all of Resis' obligations with
respect to the Agreement and to be treated as Resis for all purposes under
the Agreement, which I.S.C.H. hereby acknowledges by signing in the space
indicated below. Notwithstanding anything herein or in the Agreement to the
contrary, Resis shall remain liable to PanAmSat for I.S.C.H.'s performance
and payment obligations under the Agreement. In furtherance of such
Agreement, and subject to I.S.C.H.'s acknowledgment and agreement hereto,
PanAmSat consents to this assignment and agrees to perform its duties and
fulfill its obligations under the Agreement for the benefit of I.S.C.H. as
the contracting party.
59
All of the terms and conditions of the Agreement shall continue to apply, with
the exception of those provisions 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.
EACH OF THE UNDERSIGNED PARTIES has duly executed this Amendment as of the
day and year first above written.
PANAMSAT CORPORATION RESIS S.A.
By: /s/ Xxxxxxxxx X. Xxxxxxx By: /s/ XXXXXXXXX XXXXX
____________________________ ____________________________
Name: Xxxxxxxxx X. Xxxxxxx Name:
Title: President Title:
Agreed to and Accepted:
INTERNATIONAL SATELLITE COMMUNICATION HOLDING LIMITED
By: K. Kindle
--------------------------------
Name:
Title:
