system complies with the relevant specifications of the European Digital Video Broadcasting Project and the ISO/IEC 13818 standard.
7. Transponder Performance. The saturated Transponder EIRP and Received Signal Power is measured under all weather conditions at the Control Facility. The Minimum Transponder Performance and Received Signal Power shall be those measured or otherwise ascertained when Customer is complying or procuring compliance with Section 2. In order to accurately determine each Transponder EIRP independent of atmospheric attenuations and transponder bandwidth characteristics, a measurement set-up consisting of a calibrated fluxmeter and radiometer is used.
8. Channel(s).
(a) The Service Transponder shall only be used for the transmission of Customer’s Channels.
(b) For each Channel, Customer shall provide SES with the following information:
1. Name and address of broadcaster (if different from Customer):
2. Name of Channel:
3. Type of Programming:
4. Signal Definition:[SD/HD]
5. (Primary) Language:
6. Hours of transmission:
7. Encryption:
8. Broadcasting license and licensing authority:
9. Target Territories:
10. Uplink:
11. Start of Channel:
Customer shall provide the above information for any given Channel, as well as a copy of the relevant broadcast license or other authorization, at least thirty (30) days before the proposed start date for the Channel. Customer shall provide SES with the same advance notice of any change of the above-mentioned parameters. Customer shall not transmit any Channels or implement any change during this period without the prior written consent of SES.
9. Additional Covenants.
(a) Customer is responsible for ensuring that all Channels which are subject to the laws of a Member State of the European Union have the required broadcasting license or authorization from a Member State of the European Union at all times, that such license or authorization is valid, and that Customer and the broadcaster shall comply with the terms thereof. Customer shall promptly inform SES of any material change of such license or authorization or of any notice received from any authority or agency challenging or modifying such license or authorization.
(b) If the Channels are not subject to the laws of a Member State of the European Union, then Customer shall nevertheless be responsible for the compliance of Channels with the applicable legislation.
(c) Transmissions and any substantial change to transmissions (including a substantial change of the nature of the Channel(s) or if the Channel(s) do not fall any longer under the jurisdiction of the country originally determined) are subject to SES’s approval and, if required under the applicable regulatory framework, to the approval of the competent regulator. If applicable, Customer shall provide to SES a copy of the respective broadcasting license or other authorization.
(d) A Party may use a trademark or logo of the other Party only with the prior written approval of the other Party, such approval not to be unreasonably withheld. If approved, such use shall be free of charge throughout the Service Term and solely for the purpose of indicating in any document, advertising or communication made or commissioned by such Party that the Channel(s) are transmitted via the SES satellite system. Each Party may at any time, at its discretion, withdraw its approval with immediate effect.
(e) Each Agreement is subject to the continuing right of SES to provide Service pursuant to the authorizations to operate its satellite
system. If this right is withdrawn, then the Agreement will terminate automatically, unless the competent regulatory authority assumes SES’s rights and obligations hereunder. In either case, SES is discharged of all liability and obligation to Customer.
(f) SES reserves the right to transition DTH Service on an SES ASTRA Fleet Satellite to a Collocated Transponder, provided that (i) the Minimum Transponder Performance stated in the applicable Service Order continues to be met by the Collocated Transponder, (ii) SES will endeavor to provide Customer advance notice of at least twenty four (24) hours in order for Customer to perform the necessary operations to uplink the Channel(s) to the Collocated Transponder (unless SES is responsible for
uplinking the Channel(s)), and (iii) Customer shall make all necessary arrangements with the operator of the Uplink and/or Multiplex Facilities to accommodate such a transition.
10. Other Definitions Applicable to Appendix C.
Channel: means the channel transmitted via the SES ASTRA Fleet satellite and as specified by the Customer according to Section 8 of this Appendix C.
Control Facility: means SES’s facility in Betzdorf, Luxembourg or such other facility as may be designated by SES.
Contribution Services: means satellite transmissions services received by head-ends of cable or terrestrial networks in order to redistribute the received signals within such networks.
Customer Downlink Signal: means the downlink RF (radio frequency) modulated time division multiplexed carrier carrying the Channel(s) from the Service Transponder.
Customer Signal: means the bit stream carrying the Channel(s), produced by Customer and transmitted, as the case may be, to the Uplink and/or the Multiplex Facilities for onward transmission via a Service Transponder.
Customer Uplink Signal: means the uplink RF modulated time division multiplexed carrier carrying the Channel(s), transmitted from the Uplink Facilities to the Service Transponder.
DTH Service: means satellite transmission services received directly by a recipient via a satellite dish at its premises, without any redistribution of the received satellite signal in any kind of cable or terrestrial network.
Minimum Transponder Performance: means a satellite single carrier saturation EIRP measured under clear sky conditions by a measurement test set-up according to standard engineering practice as described in Section 7 to be compared to the EIRP for the Transponder as stated in the Service Order. A Confirmed Outage shall only be deemed to occur if (i) the Received Signal Power falls below the Minimum Transponder Performance by more than one (1) dB, and (ii) the other conditions for a Confirmed Outage have been met.
Preemption: means the deliberate interruption or cessation of the availability of Service by SES, in accordance with the rules set out in Subsection 5(b), in order to restore the transmissions of another customer or in case of any satellite failure or transponder failure occurring on any SES ASTRA Fleet Satellite.
Received Signal Power: means the signal power in dBW at the Control Facility by a measurement test set-up according to standard engineering practice as described in Section 7. If the measurement is not performed under clear sky conditions, then the measured value shall be corrected to account for the effect of weather and propagation conditions.
Spare TWTA: means a spare transponder amplifier on the satellite and its associated components that is accessible for purposes of providing restoration and is capable of carrying communications traffic within the parameters as described in the Service Specifications for the Transponder to be restored.
Uplink and/or Multiplex Facilities: means all equipment and ancillary facilities used to transmit the Customer Uplink Signals to the satellite.
End of Appendix C