Attachment comments

This document pretains to SAT-AMD-20040826-00161 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2004082600161_414272

                                  Before the          RE
                    FEDERAL COMMUNICATIONS COMMISSION    CE VEDp
                               Washington, D.C.


In the Matter of                                                                        w

Coutmmia Comstuntcations Corroration                       File No. SAT—AMD—20040826—00161

Request to Amend its Pending Modification
Application for the AMC—12 Satelite


                   COMMENTS OF NEW skiEs SATELLITES

         New Skies Satellites N.V. ("New Skies") submits these comments on Columbia:
Communication Corporation‘s (*Columbia") request to amend its pending modification
application for ts AMC—12 C—band satellte at the 37.5° W.L. orbital location." Among
the amendments proposed by Columbia is a dramatic increase in equivalent isotropic
radiated power ("EIRP") from the satelite._ As the operator ofthe NSS—806 C:—band
satellite that currently provides service to thousands of customers in North America,
South America, and Europe from the 40.5° W.L. orbital location, New Skies will be
directly affected by the increased EIRP levels proposed by Columbia.
        As stated in its Application, Columbia has an existing coordination agreement
with New Skies that specify operational and technical conditions that each party has
agreed to meet in orderto achieve technical compatibility between their C—band networks
in the Atlantic Ocean Region, including the 37.5° W.L. and 40.5° W.L. orbital locations.
This agreement has been approved by both the Commission and the Netherlands


1\   See Public Notie, Rep. No. SAT—0O2L3 (rel.Sept 24,2004)


administration. Among other things, this agreement specifies maximum satellte EIRP
densities not to be exceeded by both parties® satelltes. These levels translate into

equivalent satelite EIRP per 36 MHz transponder significantly less than the maximum
EIRP levels at which Columbia now proposes to operate all of the AMC—12 beams."
           Columbia states in its Application thatit is "in the process of coordinating the
operation of AMC—12 with neighboring spacecraft and will operate in accordance with

coordination agreements developed with adjacent spacecraft operators."". While the
coordination agreement does contemplate that the parties could, on a case—by—case basis,
coordinate operations at higher EIRP levels than those established in the agreement, no

such further coordination has yet been achieved between Columbia and New Skies that

would cover the EIRP levels proposed in Columbia‘s Application.
           In these circumstances, New Skies submits that the Commission cannot grant

Columbia‘s request without (1) explicitly conditioning such authorization upon
successful completion of coordination with New Skies and operation consistent with any

new coordination agreement, and (2) requiring Columbia to operate within the parameters
established by existing coordination agreements until such time as new agreements are

put in place. Of course, if a new agreement covering the higher proposed EIRP levels is
reached while the Application is stll pending, Columbia could so notify the Commission
and no such conditions would be necessary.




*   See Application Namative, Table1 (4dBW) and Schedale S Daa, Tabls 1 and 2 (42 dBW).
    Application   Narativeatp. 2.


       Accordingly, in the absence ofa new coordination agreement, New Skies requests
that the Commission impose the conditions discussed above on any grant ofthe
Application.
                                           Respectfully submitted,
                                           New Skirs Sareuures NV


                                           By:                       ,
                                                  Williem M. Wiktshire
                                           Hamus, Wiursume& Grans
                                           1200 Eighteenth Street, N.W.
                                           Washington, DC 20036
                                           202—730—1300
                                           Counselfor NewSkies Satellies N.V.


Dated: October 22, 2004


                            CERTIFICATE OF SERVICE


        1 hereby certify that on this 22"day of October, 2004, a copy of the foregoing
Comments ofNew Skies Satellites N.V. was served by first class mail, postage prepaid
upon:


               Karis Hestings
               Hogan & Hartson
               555 Thirteenth Street, N.W.
               Washington, DC 20004—1109



Document Created: 2004-11-09 11:54:04
Document Modified: 2004-11-09 11:54:04

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