Attachment O&A

O&A

DECISION submitted by FCC,IB

O&A

2005-01-28

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

IBFS_SATAMD2004082600161_415466

FEDERAL COMMUNICATIONS COMMISST DA Os24 Before the rEpERAL commUnications commisston Washington, D.C. 20564 in the Matter o ) ) Columbia Communications Corporation, ) CallSign:S2415 Application for Modification ) File No. SAT—MOD—20020517—00078 ofAuthorizationto Launch and ) saT—AMD—20010826—00161 Operate a C:Band Sateliteat37.5° W.L. ) sat—sTA—20040916—00180 ) SES Americom, Inc., Requestfor Special ) Call Sign: S2448 Temporary Authority to Operate Satcom C—1 ) File No.SAT—STA—20041213—00219 a37.5° WL. ) ORDER AND AUTHORIZATION Adopted: January 28, 2005 Released: January 28, 2008 By the Deputy Chicf, Satllte Division,International Bureau: 1. inTRopUCTION 1. By this Order, we grant Columbia Communications Corporation‘s (*Columbia‘s") requestto make certain technical changes to the design of ts C:band‘ replacement satelfite at 37.5° W.L.* Additionally,pursuant to Columbia‘s November 29, 2004 request, we defer action on Columbia‘s requestto switch the milestone schedule of ts C—band satelite authorizationat 37.5° W.L. withthe C:—band satellte authorization at 47° W.L... By these actions, we allow Columbia the fexibiltyto implement ts business plans without impairing servicet ts customers 11. BACKGROUND 2. 37.5° WLReplacement Auhorization and Petition For Reconsideration. Columbis, a wholly owned subsidiary of SES Americom, Inc.(°SES Americom") holds a number of satellitlcenses in its own name. In 2001, the Intermational Bureau ("Bureau") granted Columbia authority to launch and operate a replacement satellite in the C:—band at the 37.5° W.L ! For parposes ofhis Order, °C—band"denotes he 37001200 Mz and $025—6125 Mz frequency bands. * Colimbia Communications Corponation, Authoriztion to Launch and Operatea Geostationary C:band Replacement Sateliin the FixedSatellite Serviceat 37.5° WL., Memorandim Opinion and Order, 16 BCC Red 20176 (lcl Bu2001) @200 Colurbia 37.5° L. Replacement Auhorization‘) * Leter From Peter A. Rbrbach, Counselfor Columbia Communications Corporation to Marlene H. Dortch, Secretay, Federal Communi¢ations Commission, dated November29,2004.

FEDERAL COMMUNICATIONS COMMISSION Da dsz orbital location.* This satellte, SES Americam—12 (*AMC—12)," was intended to replace the Columbia 515 satelte, which was expected to reach its end—oFlife during the second halfof 2002. The 2001 Columbia 37.5° WL. Replacement Authorization required Columbia to complete constraction of AMC—12 by November 2005 and launch the satelite by February 2006.® Atthe same time, the 2007 Columbia 37.3° Replacement Authorization also required Columbia to bring the replacement satellite into service before it retired Columbia 515 satelite, in the event that the end of the usefuliothe Columbia 515 satelte occurs before the February 2006 launch milestone for AMC—12." This condition was intended to ensure continuity of serviceto Columbi‘s customers," On December 19, 2001, Columbia fled a pettion for reconsidertion challenging ths condition and arguing that the Bureau should allow Columbia the opportunity to fil ay service gap by means other than bringing AMC—12 into use prior to Columbia 515‘s retirement" 3. Sareom C—1 Relocation to 37.5° W.Lfrom 79° WIn 2002, SES Americom requested specialtemporary authority (§TA) to relocate ts C—band Satcom C—1 satelite from 79° W L. orbiallocationto 37.5° W.L. orbital location because it expected Columbia 515 toreach the end of ts usefullife in October 2002."" Columbia asserted that grant ofthe request would allowitto provide serviceto customers untiit is ready to launch AMC—12. The Bureau granted the STA and subsequent additional STAs for the same purpose."" On December 13, 2004, SES Americom fileda final STA to operate Satcom C—1 at 37.5° W.L. orbita location for a period of six months through June 17, 2005." 4. Technical Modifications. In 2002, Columbia filed an application to modify many of AMC—12‘stechnical specifications."" We placed this application on public notice on June 3, * 2001 Colunbia 37.5° L Replacement Autorization, 16 ECC Red 20176 * The repacement satellte was not orkinllydesignated as AMC—12, butfor ease ofreference, we will refer o it as AMC—12 in thisorder * 2001 Colunbia37.5° W.L. Replacement Authoriation, 16 ECC Red at 20181, o. 18. " t, 16 FCC Red at 20180—81, paras. 14 and 19 * 14, 16 ECC Red at 20180—81, par14. * pertionforRecansidertion filed by Columbia Communiations Carportion on December 14, 2001 ("Colurmbia PettionforReconsidention"). In ts petion, Columbia reles uon Hushes Communications Galag,Ic, Order andAuthorization5 ECC Red 3423 (Comman Carriee Bureau 1990)and Hughes Communications Galmgy, nc., OrderandAuthoriatio, 8 PCC Red 4170 (Common Carree Burcau1993) (aranting an extension of miletoneswher the lcensees had propased o cover potental api serviceby either moving another stelite or using capaciyatadjacent orbial slod ® tmrs File Nos. SAT—STA—20020517.00076 ©* se IBFS File No. SAT—STA—20020517—00076 (gramted on Jly 17,2002), File No. SAT—STA— 20021121—00223(eranted on Aupust 15,2003), File No. SAT—STA—20030613—00106 (rated on August 15, 2003), File No SAT—STA—20031215—00356 (wranted on August24, 2004 and Fle No. SAT—STA— 2004061400115 (ranted on August 24, 2004 " ters File No. SAT—STA—20041215—00210 " 1BS File No. SAT—MOD—20020517—00078 at3—6 and At. 2 (*Columbia Modification).

FEDERAL COMMUNICATIONS COMMISSION Da 05244 2002.!" No comments were reseived. In August 2004, Columbia filed an amendment updating AMC—12‘s technical characterstos o reflect ts as—built characteristics. Specifically,the amendment indicated thatthe equivalent isotropically radiated power (*EIRP") levels are higher than originally expected.." The amendment also provides information regardine the satelite‘s anterna gain contours, provides a new polarization plan for th satelt, and indicates that the spacecraft will be equipped with a polaization switch."* This amendment was placed on public notice on September 24, 2004. New Skies Satellites, N.V.("New Skies")filed comments asking us timpose certain conditions on AMC—12‘s operation."" Columbia filed a reply."" 5. Testing STA. On September 16, 2004, Columbia fled request fo specialtemporary authority to test AMC—12 sateliteat the 67.5° W.L. orbitalfocation. Columbia states that grant of its request wll not cause harmful interference o other spacecrat because the closest commercial C—band satelites—the Brasilat B2 spacecraftat65° W.L. orbital location and the Brasilsat BI spacecraftat70° W.L. orbiallocation — both operated by Star One S.A., are more than two degrees away from 67.5° W.L. orbiallocation. Columbia states that it has coordinated the proposed testing of AMC—12 at 67.5 ° W.L. orbital lcation with Star One, S.A."" in. pisCussiON 6. As explained below, we grant Columbia‘s request to make technical changes tothe desizn ofAMC—12, deny New Skies‘s requestto conditionthe AMC—12 authorization, and grant Columbia‘s petiton for reconsideration 2007 Columbia 37.5° N.L. Replacement Authorization 7. Technical Modification and Amendment. In ts 2002 modification request, Columbia modifics the beam arrangement from the previous design by consolidating two North American and two South American beams into siale beams for North America and South America respectfully." In addition, Columbia changes the switching and transponderarrangements to allow forfull frequency reuse on all beams. Accordingly, the modification request shows that, "* Policy Branch Information, Pubic Notie, Report No. SAT—001 12 (released Je 3, 2002) "* IBFS Fle No. SAT—AMD—20010826—00161 (‘Aupust 2004 technical amendment). "1 "* Comments filedby New Skies Satelites, N.V.dated October22 2004 ("NewSkies Comments‘) Specifeally, New Skies requests that the Commission conditn the grant oColumbi‘s amendment upon: (1) the compltion ofeordination wth New Skis and operation cansistent with any new coordination sgreement; and 2)requiring Columbia o operte within the prameters oftheexisingcoordiation agreement untl a new agreement is put in plce, Id "* Replyto Comments filedby Columbia Communications Corpontiondted November 4, 2008 (Colurmbia Comments). In ts Reply, Columbia opposesall ofNew Skies" proposed conditios as unnecessary lghtofCommisson precedent. 12 (ciing GE American Communieations, . Memerandim OpinionOrder andAuthorization, 15 FGCRed 19671 (2000)and Assignment ofOrbial Lotionsto Space Sutions in the Domestic Fixed—Satelfte Service, MemorandOpinion and Order, 5 ree red 179,iss (1990) ©* Calimbiafutheassers that the only othrcommercial C—band satlite wthin sx degrecs of67.5° W.Lotbita ocationisthe AMC—6 spacecrafat 72° W L orbitalloction, whichis operated by Colimbia‘sparent, SES Americom. Colimbia Comments: ® Columbia Modifcation, At. 2 t page 2—4

FEDERAL COMMUNICATIONS ComMisstO Da 05244 under the revised design,the AMC—12 satelite will be an active repeater communications satellte, for use in the conventional C—band, 3700—4200, 5925—6425 MHz:"" Underthe modified design, AMC—12 will tliee seventy twotransponders eachtransponder with 36 megaherte of bandwidth®" and will have a tota ofthree coverage area beams, one for North America, one for South America, and one for Europe and Africa. 8. In the August 2004 technical amendiment, Columbiaindicates that the EIRP levels for the stelfite, as measured by the manufacturer, are higher than Columbia had previously ated."" The amendment also provides information regarding the satelite‘s antenna gain contours, provides a new polariation plan forthe satellte, and indicates that the spacecraft will be equipped witha polarzation switch."" Columbia provided an analysis showine that ts amended technicaldesign meets all othe Commission‘s technical requirements governing two— degree orbitaspacing 9. Given constantlyevolving satelite technology and the several year—period required to construct a satllte, we often receive requests from licensecs to modify the technical design of the stelfites they are constructing. We generally allow licenses to make the proposed modifications, provided the modifications are consistent with Commission policies and do not present any significant interference problems."" In this instance, Columbia‘s proposed technical changes are compliant with the Commission‘s technicalrales: 10. New Skies, however, asks us to condition grant of Columbia‘s August 2004 technical amendment upon Columbia‘s completing coordination of AMC—12 with the New Skies‘s NSS—06 C—band satelite currently operatine at the 40.5° W.L. orbital location. In doing so, however, NewShiesoverlooks the conditionplaced uponits grant ofauthority to serve the US. market using NSS—806."" In ading NSS—406 to the Commission‘s Permitted Space Station (*Permitted List‘),"" the Commission found that severalof New Skies‘s satelltes, ncluding Columbia Modifecation, At 2 at page 2—4 * Colurbia Modification, Att 2 at page24 August 2004 technicalamendment *n * Colurmbia Comments. The Commission‘s technical ules are designed t ensurethat o—frequency, co— coveragesteltes an operate at two—degree orbtl sacings without causing mutual harmful interference Licensingof Space Stations n the Domests Fixed—Satelite Servie, Repor and Order 54 Rad. Ren. 2d 577 (1985), smmary printed Licesing Space Sttion i he DomestFxed.Satelite Service, 8 Fed. Rex 40233 (Sept.6, 1983)(‘Tho Degree Spocing Order"). * See, eg, Teledesic LLC, 14 FCC Red 2261 (InlBur. 1999); TE Spacenet Corp. 5 PCC Red 4112 (Com.Car. Bu. 1990);American Saelite Co, 5 FCC Red 1186 (Com Cr. Bur. 1990) New Skies Comments. The NSS—806 sitelite was addedto the Commision‘s Pemited Lisin 2001. New Skies Stelites, NY., DA Ol—S13, Order, 16 CC Red. 7482 (rl. March 29, 2001NSS—06 Permited LiOrder) "*:the "Permited Lis®denotsallsitelites with which U.S. earth sations withroutnelauthorized rechnical parametrs operating in the comventional Cand K—bands are ermited o communicate without additonal Commission action. The communications, however, musfall withithe same technial parameters and conditions estalished in the arth suation‘sleense, Amendment ofthe Commisson‘s Regulatory Poliesto AllowNon—U.S— Licensed Space Sationsto Provide Domestiand Intemational

FEDERAL COMMUNICATIONS COMMISSION ba ds24 NSS—306, did not comply wth all o the Commission‘s technical rules" Nevertheless, because there were no U.S—licensed sateltes operating two degreesaway from NSS—806 at the ime, the Commission granted New Skies conditional waivers ofthe technicalrles NSS—806 did not meet. The condition provided that earth stations operating with NSS—806 must do so on a non—harmful interference basis with respect to any future adjacent two—degree spacing compliant satelite authorized t serve the UnitesSttes n the event that New Skies and the adiacentsatelite operator could not, in good faith,reach a coordination agreement. New Skies does not dispute that AMC—12 is technically compliant with the Commission‘s two—dearce spacing policy." Accordingly, we willnot impose a condition on the AMC—12 liense that would, in essence, negate a condition of NSS—806‘s access to the U.S. Market and provide a satelite that does not comply with the Commission‘s technical rules equal status to one that does. 11. Even assuring, however, hat NSS—806 complied with the Commission‘s rules, the Commission has stated that it expects lcenseesto bear the responsibilty of coondinating adiacent satelftes because they are in the best posiion to determine the technical and economic tradeofls inherentin reaching a coordination agreement.". The Commission does not become involved in these coordination effots unlessthe partiesare unable to reach an agreement and requestthat we participate. Columbia and New Skies previously reached a coordination sgrcement with respect to the aperation of thei espective C—band satellitatthe 37.5° W.L. and 40.5° W.L. orbital locations."" We expect that with good fith efforts, New Skies and Columbia should be able to modify their existing coordination agreement. Therefore, we find thatthe conditions proposed by New Skies areredundant with thestandard obligations ofexisting U.S—licensed satelite operatorsto negotiate coordinationagreements in good faith and are otherwise unnecessary Sarlite Service in the Unted Sttes, Arst Order on Reconsideration,1B Docket No.96—111, 1 ECC Red 7207,7209—10, 14 (pares,10,16)(1999)(‘DISCO ! FirsReconsideration Order") (adoptingprocedires by which th operatrs ofi—orbit nor—U.S. sielites could request o ervethe U.S. marked). * Specificall, NSS—806 docs not meetthe Commission‘spolarization requirement or the FMTV frequencyplan requirement. See 47 C.R. §25.210@)(, 25 210(@)) nd 2521 1(). Furter, it does not aperate on permitedtrcking, tlemety,and elecommand frequencis. 47 CF.R,§ 25202 (. New Skies Satlltes NV., DA O1—313, Order, 16 FCC Red. 482 (rel. March 29,2001) (NSS06 Permired Lin Order) "* 14.at para 15. These condiions weredrawn from the NeStes Marker decess Order. New Skies Satlites, N.V. Order andduthorizarion, 14 FCC Red 13003,13038 (paas. 78—79) (1999) New Sttes Maret decess Order), The Commissionsated t would remove thisnon—harmfulinteference conditon anly ifNew Skiescommited, in peinentpat, thattwo—degree compliant U.5.Satelites spaced atlast two deareesfrom NSS—406 se assumed to e fully coortinated. 1 at para 16. In both that order and the ASS—406 PermitedList Order, w recognized that anysuch commitmentfrom New Skies would needthe concurrence othe Netherlands Adiminstation,and thatthe Netherands Administation is under no cbliston to ive is concurence. 1d.at para. 78 MSS—506 PermitedLit Order, para 16. Threcorddoes notreflctthat New Skies has madethis commitment "* The two—dearee spacingrequirementi for FSSstelites in geostitionary suelite orbit. The Commission‘s wo—degreespacing policis the comerstone oouorbital assiznment plan for FSS sareftesin geostationry stelitoris, Adopted in 1983, this policy was designed to maximize the nurmberofstelits that couldbe accommodated in orbit at Cnd Ku—bands to meetthincressing demand for satlit srvices ithese bands. To Degree Spacing Order, 54 Rad. Rep 2d 577 " See e AssinmentofOrbtal Locations to Space Stations in the Domestc Fixed—Satelie Service, 5 rGoRed 179is1 (1990) ®: Aupust 2004 Technical Amendment, Atixchment 1

FEDERAL COMMUNICATIONS COMMISST pa os2u 12. Pertionfor reconsideration. We have authorized Columbia to operate the Satcom C—1 satellt atthe 37.5° W—L. orbiallocation for over 2 years in order to ensure continuity of service for Columbia‘s customers atthatlocation" Thus, Columbia has satisfed the underlying purpose ofthe condition requiring it to aunch and operatea replacement satelte prior to retiring the Columbia 515 satelite, «. continuity of servicet customers, Accordingly, we grant Columbia‘s peition for reconsideration ofthe 200/ Columhia 37.5° .L. Replacement Authorizationto the extent necessary to allow it to provide service through Satcom C—1 until AMC—12 is launched and brought into operation consistent with the launch milestones contained in condition 18 ofthe 2007 Columbia 37.5° W.L. Replacement Authorization v. orpeRING CLaUsES 13. Accordingly, IT IS ORDERED, pursuantto Sections 0.51, 0.261, 25.1 17(d)of the Commission‘s rules, 47 C.F.R. §§ 0.51, 0.261, 25.1 1 (d),that the modiicationrequestfiled by Columbia Communications Corporation on May 9, 2002, IBFS File No. SAT—MOD—20020517— 00078,IS GRANTED, in part, to extent indieated above, and otherwise 15 DEFERRED and that the amendmentfiled on August 26, 2004, IBFS File No. SAT—AMD—20040826—00161, S GraNteD. 14. TT 1S FURTHER ORDERED that Columbia shall provide a written statement to the Commission within 60 days ofthe date othis grantthat identifiesany known satelites located at, or planned to be located at, Columbia‘s assigned orbital location, or assigned in the vicinity of that location such thatthe station—keeping volume ofthe respective satelites might overlap, and that states the measures thatwill be taken to preventin—orbit clliions with such satelites. This statement should address any icensed FCC systems, oany systems applied for and under consideration bythe FCC. The statement need not address every filing with the TTU that meets these riteris,but should assess and address any systems reflected in ITU filings that are in operation or that Columbia blieves may be progressing toward launch, e—¢.,by the appearance of the system on a launch vehicle manifest If Columbia electsto rely on coordination with other operatorsto prevent in—orbit collsions, it shall provide a statement as to the manner in which such coordination will be effected. This grant does not in any way consttute an approval of Columbia‘s post—mission disposal plan for AMC—12. 15. ITUS FURTHER ORDERED that Columbia shail prepare the necessary information, as may be required, for submission to the Intermational Telecommunication Union (*TTU®) o initite and complete the advance publication, itermational coordination, due diligence, and notification process othis space sta accordance with the ITU Radio Regulations. Columbia shall be held responsible forall cost recovery feesassociated with these ITU fings. We also note that no protection from interference caused by radio stations authorized by other administrations is guaranteed unless coordination and notification procedures are timely completed or, with respect to ndividual administrtions, by successfully completing coordination agreements. Any radio station authorizationfor which coordination has not been completed may l subject to additional terms and conditions as required to effect coordination ofth frequency assignments of other administrations. See 47 C.FR. § 25.111(b) 16. TT 1S FURTHER ORDERED tht the request forextension of Special Temporary Authority as previously conditioned. filed by SES Americom, Inc., on December 13, 2004, File No. SAT—STA—20041213—00219, 1S GRANTED. This extension of Special Temporary Authori "* Seenote 11 sbove,

FEDERALCOMMUNICATIONS COMMISSION Da 05244 permits the Satcom C—1 o continue C—band operations from 37.5° W.L.orbita location until Jine 17, 2005. 17. IT—IS FURTHER ORDERED thatthe requestfor Special Temporary Authority, filed by Columbia Communications Corporation on September 16, 2004, IBFS File No. SAT—STA— 20040916—00180, IS GRANTED and Columbia is authorized to conductin—orbit—testing ofthe AMC—12 satelite atthe 67.5° W.L. orbital location foa 60—day period, consistent with the terms and specifiations se forthin its application subjecttothe following conditions: (a) Columbia willcoordinate is test operations withall potentally affected operatig satelite nemworks: (6) that no harmfulinterference shallbe caused to any lawfully operating radiocommunication systems and Columbia‘s operations shall cease immediately upon notifiation of such harmfulinterference. Furthe, Columbia shall notify the Commission in wrting thatit has received such a notification within 3 days ofreceipt (e) Columbia shall accept interference from any lawfully operating satllte network orradiocommunication system; (4)testing authorityis limited to those frequenciesfor which the AMC—12 satellit authorized; (¢) this authorizationis subject to change in any of ts terms or cancellation in ts entirety at any time upon reasonable notice, but without hearing, iin the opinion ofthe Commission, ireumstances should require; (1) this temporary authority shall commence on the date Columbia lnches the AMC—12 satelite,and willterminate 60 days from that date; (2) thi temporary authorityis only fotesting parposes and shall not be used for the provision ofcommercia service; (h) any extension ofths authorization must be requested and approved in writing. (i)Columbia shallnotify the Commission in writing nolater than seven days after it has completed testing ofAMC—12 and commenced the move of AMC—12 to is assigned orbital location of 37.5° W.L (})Columbia shal coordinate ts Tracking, Telemetry, Command, and Monitoring (°TTC&M) operations with existing gcosttionary satelfites to ensure that no unaeceptable interference results from its TTC&M operations during the drit from 67.5° W.L to ts assigned orbitalocation of 37.5° W.L

FEDERAL COMMUNICATIONS COMMISSION Da 05244 18. This Orderis issued pursuantt Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective upon release. Petitions for reconsideration under Section 1.106 or applications forreview under Section 1. 15 of the Commission‘s ruls, 47 C.F.R, §§ 1.106, 1.115, may be filed within 30 days ofthe date of the release of this Order. (See 47 C.ER. § 14(b)2)) FEDERAL COMMUNICATIONS COMMISSION Finyimh Fem J. Jamulnck Deputy Chief, Satellite Division International Bureau


Document Created: 2005-01-28 14:27:52
Document Modified: 2005-01-28 14:27:52
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