Attachment O&A

O&A

DECISION submitted by FCC,IB

Order and Authorization

2004-08-26

This document pretains to SAT-AMD-20040608-00112 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2004060800112_397129

Federal Communications Commi wa ot—2680 Before the Federal Communications Commission Washington, D.C, 20564 In the Mater of PANAMSAT LICENSEE corp. File Nos. SAT—MOD—20021226—00240 SAT—AMD—20040608—001 12 Application for modification of License for the PAS—9 Satellite Call Sign: PAS—9 rANAmisat Licenser corp. File Nos. SAT—STA—2001 1206—00103 SAT—STA—20030620—001 16 Applications for Special Temporary Authority in Connection withthe Call Sign: PAS—9 Operations of the PAS—9 Satelite orper anp autroRrIzATION Adopted: August 25, 2004 Released: August 26, 2004 By the Chief, Satelite Division, Itermational Bureau L Introduction 1. By this Order, we grant PanAmSat Licensce Corp. (PanAmSat) conditional authority to operate the C—band communications payload and Ku—Band" Telemety, Tracking and Command (TT&C) stations abourd its satelite, Call Sign PAS—9,"from the 26.15° EL. orbitlocation. Grant of this application, as amended, will permit PanAmSat to make maximum us of existing orbital resources and satisty customer requirements. T. Background 2.. PAS—9 is a hybrid C/Ku—hand satelltethat began providing service at 58W.L. in October 1997‘ The failure ofa cellin PAS—9‘s battery system rendered the satelteincapable of providing the full range of services required at 58W.L.. Consequently, PanAmSat was authorized to launch and operate a replacement satelit, PAS—23, at that location * Following the initation of service by PAS— 23, PanAmSatfiled and was granted a seriesof requests for special temporary authority (STA), fistto * As used i his Order and Authorzation, °C—Band" refersto the 5025—6425 MHz (uplnk) and 37001200 Mitz (downlinl,frequency bands. The term "Ku—Band" rfers o frequencies in the 10—14 GHe rang. This authorzation is imited t specifc Ku—Band frequencies. See¥7, info. * Panamsat curenty refers to the satellte. by the commersial name of PASS See Aitps/nni panazmsatcomglohalnenvorkpolor_chartup. in this Order and Authorization, we will efer to the stete y ts CallSign, PAS—9. * PandnSat Corp,. Orde and Auborization, 13 FCC Red 4743 (1997) °* PandmSat Corp. Ordeand Authoriztion,15 FCC Red 11747 (2000)

Federal Communications Commission ba a4—2es0 relocate PAS—9 to the155.5° W.L. orbitallocation," then to relocate PAS—9 to 58.1° W.L. where it would serve as an i—orbit spare pending further reassignment"On July 11, 2002, PanAmSat fled a request for STA to relocate PASfrom 58.1° WL. to 26.15° EL, where it would provide backup and supplemental capacity for the Arab Satelte Communications Organization‘s (Arabsat)Arabsat 2A satellte." This request was not granted initally, but was followed by two requests —— first to move PAS—) from 58.1° W.L. to 45.15° W.L* and then to 26.15° E.L."—which were granted. The July 11 STA request was subsequently granted to permit operations at26.15° E.L.° 3.. PanAmSat then fild the instant request for modification of is icense to permit PAS—9 to operate at the 26.15° EL. orbit location."" Although the PAS—9 is incapable of providing the full range ofservices required at 58.1° W.L., PanAmSat statesthat PAS—9 still has many years ostation—kept life remaining and stll can provide useful services." PanAmSat also states that it has entered into an agreement to lease all of the C:—band transponders on the satllte to Arabsat for us at 26.15° EL. PanAmSat stats that the PAS—9 satellite will essentilly be co—located with Arabsat 2A located at26° EL., with 0.15 degrees of separation to facliate sation—keeping."" On December 5, 2003, Panamsat submitted a copy of its agreement with Arabsat, subject to a request for confidential treatment." On June 8, 2004, PanAmSat amended ts application to change the proposed pointing ofthe PAS—9 C:band and TT&C beams in order to meet customer requirements more effectively. IML, Discussion 4. We find thatthe publicinterest will be served by permiting PanAmSat to operate PAS—9 at the 26.15° E.L. orbitlocation, subject to conditions._Although PAS—9 carnot provide the full range of services required at other orbial locations, use of this sateliteat the 26.15° EL. orbit location will permit PanAmSat to make use of a satellite tat had been serving as an in—orbit spare because of its * Granted by Leter from Thomas S. Tyez. Chicf Stelite Division,to Joseph Godles, Esg, counselfor PanXmat (Jine 8, 2001) (File No. SAT—STA—20010226—00014), See aso File No. SAT—STA—20011206—00103 (requesting mutbority to continie opertions at the 1555" W.L. orbtallocation47 CER. § 162. With respect to File No: SAT—STA—20011206—00103, we are taking the minstrialaction of granting therequest, with an expiration date of June 18, 2002, by this Order and Authoriation * See File No. SAT—STA—20020605—00083 (ranted June 18,2002, withanexpiration date ofSeptember 17, 2002) " See File No. SAT—STA—20020711—00099 (Jaly 11 STA requesd * See PanAmSat RequestforSpecial Temporary Authoriy, Fle No: SAT—STA—20020808—00123, grnted August 15, 2002,with n expiration date ofSeptember 16, 2004. * See PanimSat Request for Special Temporiry Authoriy, File No: SAT—STA—20021002:00180, granted Novemmber 21,2002, epirationdateJanuary 21,2003. ° Granted December 27, 2002, with an expintion date of June 27, 2003.. See also File No. 20030620—00116 (requesting authoriyto continue operations at the 26.15° EL. orbial location}47 CR § 1.62. Withrespect to File No, 20030620—00116, we aretaking the miniserialaction of granting the request, with an expition date of August 26, 2004 "‘PanAmSat‘sappliation was placed on publinotice on Auust 18, 2003, Report No. SAT:—00160,as corrected by Report No. SAT—00161 (August22, 2003). No commens were received. " Febnary 11, 2002 STA.p. ® 24 up .2 "m " Leter from Joseph A. Godles, Counsefor PanAmSat,to MarlenDontch, Secretry, FCC

Federal Communications Commission pa 04—2680 technical limitations. 5. We do not believe that PanAmSat‘s use will cause unaeceptable interference to adjacent satelltes. According to PanAmSat, the government of Saudi Arabia, asthe coordinatingadminisration for the Arabsat system, has already coordinated use of C:band frequencies that are consistent with PanAmSat‘s operations at 26.15° EL. . In addition, PanAmSat states that it has completed coordination of TT&C frequencies with all satelite operators within five degrees of the 26.15° EL. orbit location."" We also note that PanAmSat ialready providing the requested service pursuant to a grant of STA without any complaints oharmfalinterference t adjacent satelte providers. 6.. Given the arangements between PanAmSat and Arabsat, and the fact that PAS—9 will operate at a location at which the United States has not submitted any relevant Intermational Telecommunication Union (FTU) flings, a brief discussion concerning the regulatory status of the operations of the PAS—9 satelitis in order. This authorization is ssued on a non—harmful interference basis, Le. Panamsat may neither cause harmful interference to nor claim interference protection from other lawfully operating sations." This authorization is issued on the understanding that, pursuant to PanAmSat‘s agreement with Arabsat, operations of the PAS® satelite will be consistent with parameters agreed to in coordination agreements between the Administration of Saudi Ambia and other Administrations. We consider the responsiblity for both compliance with and enforcing compliance with those agreements, howeer,to be a matter which would arise under private law.. PanAmSat shail maintain full control over the operation of the PAS—9—satelite and the United States remains the Hicensing administation ofthe PAS—9 satelite for purposes of ITU Radio Regulation 18.1." Further, with respect to its filings with the ITU for the 26° EL. orbitallocation, the Administration of Saudi Arabia is not acting pursuant to Article 9 of the Radio Regulations on behalf of the United States Administration.®" The issuance ofthis uthorization should not be construcd as in any way indicatinga view as to the status of any TTU filngs atthe 26° E.L. orbital location, or adjacent locations, oof any coordination agreements concerming those locations. IV.— Ordering Clauses "* PanAmSat Modification Application, p3. "n " See TTU Radio Regulations, Aricle 44 "* ITU Radio Regulation 18.1 states that"fnlo transmitingstation may beestablished or operted bya private personor byany entrprise wthouta enseissued in an appropriateform and n confarmity with he provsions of these Regulations by oron behalf o th government ofthcounty to whichthesationin quetion i subjec.." We alsonote thtth agreementbetween PanAmSat and Arabsatreferences an authorztionissued by Saudi Arbia as thelcensing adininstation ofthe Arabsat satelite sytem. We conclude thatthatauthorization is not an muthorzationforthe PAS—9 satlite, and that anyreference in the agreement between PanAmSatand Arbsatto Arabsat‘sranspondecapaciy does not have theffec f ncluding the PAS—9 satlite as par ofthe Ardbsot sutelit network. Seee—mailfom Nashaat M. Waheeb, Directr,Satlite Control Network, Aribst, ile No. SAT— MOD:20021226—00240(*This is t nform you that Saudi Arabia, bing thenotifying adininstation for ARABSAThaslcensed ARABSAT to aperat ts systems‘steftesat 26° EL. Saudi Ambin has not, however, hiensed PanAmSats opertion ofPAS—5 at 26.15°EL., which werecogniz is govermed by the authorization provided bythe US. Federal Communications Commisson.") Nothingin PanAmSat‘s agreementwith Arabst or in anylcense gratedt Arsbsatshallbe construed as incorporating PAS—9ito the Arbsatstelite system, or subjecting PAS—9 o thlcensing authority ofany administrtion other than the United Stres ® Aricle 9 ofthe TV Radio Regulations outines the proceduresfor efeting coortiation of sitelite networks, and permits one administationt act on betalf ofa group of named administations. See TTU Radio Regulations 0.1,96.

ns Commission ba o4—26s0 7. Accordingly, TT 18 ORDERED that application File No. SAT—MOD—20021226—00052, as amended by File No. SAT—AMD—20040608—00112, IS GRANTED and PanAmSat Licensee Corp:‘s Hicense to operate the PAS—9 satellte 18 MODIEIED to specify operations at the 26.15 EL. orbitl location untl January 2, 2007, and PanAmSatis authorized: a.) to operate the PAS—9 satellite atthe 26.15° E.L. orbital location using the satellite‘s C— band frequencies (5025—6425 MHz, 3700—4200 MHz). b.) to operate the following Ku—band frequencies and polarizations for its Tracking, Telemetry and Command functions: Command—14498.0 MHz, horizontal (on—station and omni bicone), 13999 MHz, right hand circular (pipe); Telemetry—11451 MHz, horizontal (on:station),1 1452 MHz, horizontal (on—station),11451 MHz, vertical (omni), 11452 MHz vertical (omni), 11451 MH, right hand circular (pipe) and 11452 MHz right hand circular (pipe). 8. TT IS FURTHER ORDERED, that PanAmSar‘s operations shall be on a non—harmful interference basis, ., PanAmSat shall not cause harmful interference t, and shall not claim protection rom interference caused to it by, any other lawfully operatingsatelites. 9. 1T IS FURTHER ORDERED, that in the event of any harmfulinteference as a result of PanAmSat‘s:operations at the 26.15° EL. orbital location, PanAmSat. shall cease operations immediately upon notifeation of such interference and shall nform the FCC in witing immediately of such an event. 10. IT IS FURTHER ORDERED that PanAmSat shall inform its customers that operations at the 26,15° EL. orbital location are on a non—harmful intrference basisand that PanAmSat must cease operations upon notification of such interference. 11. IT 18 FURTHER ORDERED that PanAmSat shall maintain fll operational control ofthe PAS—9 satelite atall times. 12. IT 18 FURTHER ORDERED that PanAmSat shall prepare and submit to the Federal Communications Commission, within fileen days following release of this Order, materials for submission to the ITU, parsuant to Article $4 of the Radio Regulations,"" in connection with the operations of the PAS—9 spacecraftatthe 26.15° EL. orbital location. 13. IT 18 FURTHER ORDERED, that PanAmSar‘s request for Special Temporary Authority, File No. SAT—STA—20011206—00103, 18 GRANTED, withan expiration date of June 18, 2002. 14. IT IS FURTHER ORDERED, that PanAmSar‘s request for Special Temporary Authority, File No. 20030620—001 16, 18 GRANTED, with an expirationdate of August 26, 2004. 15. TT 18 FURTHER ORDERED, that PanAmSat shall not operate the non—TT&C portion of PAS—9‘s Ku—band payload while operating PAS—9 at the 26.15° E.L. orbit location. Aticle 84 of the Radio Regulations provides for recording of a fequency assignment in the ITU Master Interational Frequency Register, forinformational parposes, upon a satement bythe tiing administationthat the assignment will boperated in accordance wth Radio Regulaon 44, concerning operation on a nor—hamnful inerferencbasi

Federal Communications Commission DA ot—2680 16. IT 18 FURTHER ORDERED that in connection with the provision of service in any particular country, PanAmSat is obliged to comply with the applicable laws, regulations, rules,and licensing procedures of that country. 17. PanAmSat is afforded thirty days from the date of release ofthis grant and authorization to decline this authorization as conditioned. Failure to respond within this period will constiute formal acceptance ofthauthorization as conditioned. 18. This authorization is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.FR. § 0.261 and is effective upon release. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115, 47 C.FR. §§ 1.106, 1.115, may be filed within 30 days of thedate of the public notice indicating that this action was taken FEDERAL COMMUNICATIONS COMMISSION U Thomas S. Tyer Chief, Stelite Division International Bureau


Document Created: 2004-09-25 17:09:37
Document Modified: 2004-09-25 17:09:37
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