Attachment DA 06-6

DA 06-6

ORDER & AUTHORIZATION submitted by IB,FCC

DA 06-6

2006-01-04

This document pretains to SAT-AMD-20051116-00220 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2005111600220_473931

                                Federal Communications Commission                                  Da 06—6


                                                 Before the
                                  Federal Communications Commission
                                         Washington, D.C. 20564
In the Matter of                                  )
                                                  )
PANAMSAT LicENsee corp                            )        File Nos:        sat—mop—19080028—00078
                                                  )                         SAT—AMMD—19990222—00024
                                                  )        f                sar—AnMD—20020226—00088
Application for Modification of                   )                         Sa7—STA—20020705—00007
Authority to Operate the PAS—$                    )                         SAT—AMD—20081116—00220
Satelite at the 166° degrees E.                   )
Orbital Location                                  )        CallSign:        sateo

                                   orper anp aUtHORIzATION
        Adopted: January 4, 2006                                           Released: January 4, 2006
By the Deputy Chief, Satelite Division, International Bureau:
1       INTROPUCTION
         1.     By this Order, we modify PanAmSat Licensee Corp.‘s (*PanAmSat®) existing lcense to
reflct the as—buit capscity of ts in—orbit PAS—5 satelite at the 166° EL. orbital location.. Accordingly,
we authorize PanAmSat t provide Fixed Satellite Service ("FSS®)using the 12.25—12.75 GHtz, 14.0—14.5
CGitz, 3700—4200 MHz, and 5025—6425 MH frequency bands atthe 166° EL. orbitl location. In doing
so, we also grant PanAmSat‘s request for waiver ofthe United States Table of Frequency Allocations
(‘Table of Allocations*)" to permit it to use the 12.25—12.75 GHz frequency band for SS in Intemational
Telecommunication Union ("FTU®) Region 2" Our action here permits PanAmSat to make maximum use
ofits PAS—5 satelite and provide customers with increased service options. Finally, we determine that
because the PAS—S satelte is not capable of operating in the 1145—11.7 GHz frequency band,
PanAmSat‘s authority to operate in this frequency band at the 166° EL. orbital location is null and void
by the terms of itsauthorization and our rules. Accordingly, the 11.45—11.7 GHz frequeney band at the
166° EL. orbital location is now available for reassignmenttoother applicants.
.       BACKGROUND
       2       In August 1998, we authorized PanAmSat to launch and operate its PAS—5 satelt at the
166° EL.orbital location to provide FSS using the 3700—4200 MHz, 5925—6425 MHz, 11.45—11.7 GHiz,
and 14.0—14.5 GHe frequency bands Prioe to launch of the satelite, but after grant of the license,
PanAmSat fled an amendment to ts application to reflect certain technical specifications not included in


Wror® 52106
* TV Reion 2 includes North, Centl, nd South America. See 47 CIBR. §2.104 (bJG) fora detailed descriion
of ITU Region 2.
* PandnSat Licensee Corp, 14 ECC Red 2719 (1998). Corporate owners of PanAmSat and ts subsidiaries and
Hntesat and is subsidaies have Ailed a series of appleations pursuantto Section310(8)of the Communiations Act
of 1934, as amended, secking Commision approval t transfr contolof Commision Keense, including PAS5,
held y two subsidiaris of PanAmSatt Itelat. See Public Notie, DA.05—2715,IB Dockst No. 08—290 (Oct 14,
2009


                                 Federal Communications Commission                                    Da 06—6


its original application, but incorporated into the satellte as—built".       Specifically, in its amendment
PanAmSat requests authority to: (1) operate in the 12.25—12.7 GHzfrequency band (‘space—to—Rarth®)
rather than the 11.49—11.7 GHz frequency band for which PanAmSat was initally authorized;"and (2)
reconfiqure the 12.25—12.7 GHe frequency downlink beams to include coverage, at very low equivalent
isotropically radiated power (%c—.1p.") levels, of Hawaii and the west coost ofhe United States
        3.       In its amendment, PanAmSat indicated it made the change to the 1225—12.7 GHz
frequency band to avoid terrestial iterference to PanAmSat‘s eath stations due to the Wld:?l’cfld use of
the 11,45—11.7 GHfrequeney band forterrestrial distrbation in many Pacifc Rim countries:" PanAmSat
states that the design change will ensure that its Napa Valley, Califomnia Teleport will be capable of
monitoring the Ku—band downlink signals in the PAS—5 satelte‘s three Asian beams. As a result,
PanAmSat states it will be better able to assess degradation due to transmission, meteorological
eccurrences, or other unplanned events. Further, as oriinally planned, he satelite was intended to have
three beams that would provide coverage of the United States and its Possessions (°US&F"). Due to a
discrepaney in the construction of thesatelite,however, two ofthe beams (*Southeast Asia Beam and the
Northeast Asia Beam") were no longer capable of providing downlink coverage over US&P"
Consequentl, only the Australia Beam covers the US&® under ts temporary authorization grant.
        4.     On December 14, 1998, we granted PanAmSat temporary authority to operate the
"Australia Beam" on its PAS—5 satelite in the 12.25—12.7 GHz frequency band at the 166° EL. orbial
location on a non—harmful interference basis" On March 23, 2000, PanAmSat filed to renew its
temporary authorization and requested a waiver of the Table of Allocations to use the 12.7—12.75 GHz
frequeney band to transmit in the space—to—Rarth direction.. The 12.7—12.75 GHe frequency band is
allocated in TTU Region 2 to the FSS in the Earthto—space direction." . We renewed PanAmSat‘s
temporary authorization with the additional12.7—12.75 GHz frequency band and conditioned it on PAS—5
not causing harmful interference to authorized users operating in accordance, with the Table of
Allocations," and on PanAmSat accepting iterference from these authorized users."


 PanAmSat Licensee Corp, IBFS File No. SAT—MOD—19980928—00078. ‘The application was placed on public
notice on November 16, 1998 (Report No. SAT—003)._ Although stled as an amendment because launch and
operation authority was granted in August 1998, we treatthe November 16, 1998 fling as a request for modifiation
ofPanAmSat‘authoriation
* Although initally suthorized in the STA to operite in th 12.25—12.5 GHie frequenceyband, we later claifedthat
PanXmSa‘sauthorzation for PAS—5 included the 12.25—12.7 GHte fequeney band._See Leter ffom Joseph A
Godles, Artomey for PanAmSat Licensee Corp. to FCC (IBFSFile No. SAT—STA—19990928—00079) (March 23,
2000). See also Leter fom Thomas 8. Tycz, Chic, Stelite and Radiocommunication Division to Joseph A.
Godles, Attormey for PanAmSat Licensee Corp. (September 6,2000)
* Modification Application at 1.
"Modifiation Applcation    at 2:
* Amendment to Modification Applicatin at 2
° Leterfrom Thomas S. Tycz, Chief, Satllte and Radiocommunication Divisionto Joseph A. Godles, Atomey far
PanmSat Corp. (December 14,1998)(graningIBFSFie NoSAT—STA—19980028—00079)
" Letter from Joseph A. Godles Attomey for PanAmSatLicence Corp. to FCC (Fle No. SAT—STA—19990028—
00079) (March 23, 2000)
"arcr® 5210.
® Leter from Tom Tycz, Chief, Satelite and Radiocommunication Division to Joseph A. Godles, Attomey for
PanAmSat Licensce Corp.. (September 6, 2000)(ganting temporary authority in IBFS File No: SAT—STA—
19990528—00070)


                                Federal Communications Commission                              DA 066


         5.      On March 26, 2002, PanAmSat filed an amendment to its PAS—5 modification
application, requesting authority to downlink the Australia: Beam atits Napa Valley earth station for
commercial purposes in addition to monitoring the satelit." On April 4, 2002, PanAmSatfiled a request
for special temporary authority to modify its existing temporary authorization to downlink the Australia
beam at ts Napa Valley earth station for commercial purposes."* We granted PanAmSat the request for
temporary authority on May 31, 2002." PanAmSat continues operating PAS—5 pursuant to it original
authorization, as modified by the temporary authority granted.*
i.      DISCUSSION
        6.      In this Order, we conclude that, subject to the conditions set frth herein, grant of the
Hicense modification, as amended, and waiver request sought by PanAmSat will serve the public interes.
"The authority sought by PanAmSathere will conform its license to the as—builttechnical parameters of the
satelite. Further, PanAmSat has been operating is stelite consistent with these parameters pursuant to
the temporary authorization granted and no interference has been reported.""
        7.      Operations in the 12.25—12.7 GHz Frequency Band in ITU Region 3. PanAmSat
requeststhatits license be modified to permitit to aperate in the 12.25—12.7 GHe downlink band instead
of the 11.45—11.7 GHz frequeney band for which it was originally authorized." The PAS—5 satellte
operates in the 12.25—12.7 GHz frequency band primarly in ITU Region 3,"which includes Austria,
pursuant to temporary authoriy. ‘The downlink portion of the Australia beam, however,is capable of
being received at very low c.irp. on the West Coast ofthe United States and in Hawaii. According to
PanAmSat, operating in the 12.25—12.7 GHz frequeney band will allow it to avoid the 1145—11.7 GHz
frequency band which is widely used for terestral distibation in many PacifiRim countries."
        8.      The Australia beam operates in the 12.25—12.75 GHfrequency band. In ITU Region 3,
the 12.25—12.5 GHz portion of this band is allocated on a primary basis to FSS, Fixed Service (‘FS"),
Mobile Service (except aeronsutical mobile)(‘MS"),and Broadeasting Service (‘BS")"In addition, the
12.5—12.7 GHe portion of this band is allocated on a primary basis to FS, FSS, MS, and Broadeast—
Satelite Service (‘BSS")in TTU Region 3. We modify the PAS—5 license to permit it to downlink in the
1225—12.7 GHe frequency band in Region 3. We expect PanAmSat to continue to coordinate its
operations in ITU Region 3 with these co—primary services and to obtain allnecessary authorizations from
each country which it seeks o serve before beginning service to that country
° See PanAmSat Licensee Corp, IBFS File No. SAT—AMD—20020326—00055, The application was placed on public
notceon Apri23, 2002. (Report No. SAT—00108)
© See Leterfom Joseph A. Godles, Attomey for PanAmSatLicnsee Corp to Marlene H. Dortch Secretay, RCC
(April4,2002)
" Leter from Fem J. Jarmulnck, Deputy Chict Satlite Division to Joseph A. Godles, Atorney for PanAmSat
Com. (May31, 2002) Bs Fie No. SAT—STA—20020104—00040)
" PanAmSattimely filed for a reneval of ts STA in July 2002 (IBFS File No. SAT—STA—0705—00007). See 47
CBR. §1.62; Inre Kay,17 FCC Red 5981 2002
""ITU Region 2 includes North, Central and South America. See 47 CE . § 2.104 (DG) for detaild descrion
of ITU Region 2.
" See oomote , supra
"*ITU Region 3 includes Southerm Asia, Ausrlia, New Zealand, and some PacifIslands. See 47 CER. §2.104
(PG) fora detied description of TU Region 3.
® Modifcation Application at1
"arcr® 5210.


                               Federal Communications Commission                                 DA 066


        9.     Operations in the 12.25—12.7 GHFrequency Band in ITU Region 2. in TTU Region 2,
which includes the United States,the 12.25—12.7 GHz frequeney band is allocated on a primary basis to
BSS and FS. There is no allocation for SS in this band in ITU Region 2. Therefore, PanAmSat‘s use of
this band in ITU Region 2 for FSS requires a waiver ofthe Table of Allocations.. Section 1.3 of the
Commission‘s rulesauthorizes the Commission to waive its rules for "good cause shown."" Waiver is
appropriate onlif special circumstances warrant a deviation from the general rule and such deviation
would beter serve the public interest than would strct adherence to the general rule."       Generally,the
Commission may grant a waiver of its rules in a particular case only if the relief requested would not
undermine the policy objective ofthe rule in question and would otherwise serve the public interest" In
considering a request for non—conforming spectrum uses, the Commission has indicated thatit would
generally grant such waivers "when there is litle potential for interference into any service authorized
under the Table of Allocations and when the non—conforming operator accepts any intererence from
authorized services.""
        10.     In granting PanAmSat temporary authority t operate is PAS—5 satelite in the 12.25—12.7
GHtz frequency band in ITU Region 2, we found litle potental for iterference to services suthorized
under the Table ofAllocations and conditioned the temporary authorization on PanAmSat not causing any
harmful interference to authorized users operating in accordance with the Tble of Allocations and
accepting any interference from authorized users:"With respect to primary FS operations, we relied on
the power fluxcdensity (‘pFI") limits for space stations trinsmiting in the 12.25—12.7 GHz frequency
band, which are codified in Section 25.208(b) of the Commission‘s rules, to provide the basis for
operating on a non—harmfulinterference basis with respect to primary ES operations.. Nothing in this
Order changes this, and thus lcensees of fixed stations operating in the 12.25—12.7 GHfrequency bands
will continue to be protected to the same level asthey currenty enjoy:
         11.     With respect to BSS operations, the ITU Region 2 BSS Plan, set frth in Appendix 30 of
the TTU‘s Radio Regulations, is fashioned so that satelitesusing the same bands with the same coverage
area should be separated by atleast nine degrees in orbit, if using the same eirp,to avoid interference
In authorizing PanAmSat temporary authorization to operate, we noted that the BSS Plan prohibits any
BSS sstelite in TTU Region 2 from occupying an orbital position further west than 175.2° W.L."" Since
PAS—S is separated from the nearest BSS assignment in the ITU Region 2 BSS Plan by 18.8 degrees,"
more than twice this minimum separation,"we found litle likelibood that PAS—5 would interfere with
any current ofuture BSS user. Further, there have been no reported cases of interference toeither FS or
"" See Section 1.3 of he Commision‘sriles, 47 CER. §13. See also WATT Radio v. FCG, 418 Fad 1183 DC
Cir. 1969)(AITRadioNontheast Celidar Tel. o. v. PCC, 897 F2d 1166 (D.C. Ci, 1990) (Wortheust Celtuar)
 See Northcast Cellder,897 F24 t 1166
"* See WAITRadl418 F.2d t 1157
"* Pusro—Chance, Inc, Applcation for Manket Authorty to Constmct and Operate a Private Network of Receiven
Only Mobile Earth Sttins, Order and Aurorizeron, 10 FCC Red 2860 (par. 2) (1995) (authorizing non=
conforming mobilesatelite servicein the C:band). See also Motorola Stelite Communications,In., Application
for Modification of Licens, Order and Authorizaion, 11 FCC Red 13952, 13936 (para. 11)(1996) (wuthorizing
service t fixedterminals in bands allocated to the mobilesatelite srvice)
* Letter from Thomas S Tyee,Chief Satelite and Radiocommunication Division o Joseph A.Godles, Atomey for
PanAmSat Licensee Corp. (Geptember 6, 2000)
"* See Annes 7 t U Appendix 30, Section A 2)
"* See PAS—S STA at 23. The newest Repion 2 BSS satliteassignmentto PAS—5‘s 166° EL. orbitalloction is at
isw EL(s 2c wi)
" seePAS—s STA at3


                                Federal Communications Commission                               Da 06—6


BSS operations from PAS—5‘s operations. Accordingly, we will authorize PAS—5 tocontinue to operate in
the 12.25—12.7 GHz frequency band in ITU Region 2 on a non—harmfil interference basis. We expect
PanAmSatto continue to coordinate is operations in ITU Region 2 with these co—primary services and to
obtain all necessary authorizations from each country which it seeks to serve before beginning service to
that country. Consequentl, we condition this grant on PAS—5 not causing any harmful interference to
suthorized users who are operating in accordance with the Table of Allocations in ITU Region 2.
PanAmSat mustalsoaccept interference from such authorized users.
         12. PandmSa‘s Use of the 12.7—12.75 GHs Frequency Band in ITU Region 2. The 12.7—
12.75 GHtfrequency band i allocated in TTU Region 2, which includes the United Sttes,in the Earth—
to—space direction in the Table of Allocations."" PanAmSat requests a waiver ofthe Table of Allocations
to permit it to use the 12.7—12.75 GHz frequency band in the spaceto—Earth direction instead ofthe Earth—
to—space direction. As previously stted, the Commission may grant a waiver for good cause shown ifthe
reliefrequested would not undermine the policy objective of the rule in question and would otherwise
serve the public iterest" Grant of PanAmSat‘s request would not undermine the policy objective of he
rule because the Commission has granted similar requests where it found no risk of harmfulinterference
and that the public interest would be served.". In granting PanAmSst temporary authority o operate
using this frequency band in the spsce—o—Barth direction, we found that PanAmSat‘s use of the 12.7—
12:75 GiHtz frequency band in the space—to—Rarth direction presented no risk of harmfulinterference to
terrestril services because of the large satellte antenna isolation and the orbitalspacing between PAS—5
and other satelltes." Nevertheless, we conditioned PanAmSat‘s use of this frequency band on it not
eausing harmfulinterference nor claiming protection from television pickup stations and Cable Television
Relay Stations (°CARS®) or any other users in the band operating in accordance with the Table of
Allocations." In liht of PanAmat‘s operations of ts PAS—5 satellte without any record ofinterference
to authorized users, in the context of its modifiction request, we grant PanAmSat a waiver of the Table
of Allocations to permit it to use the 12.7—12.75 GHz frequency band in the space—to—Farth direction in
ITU Region 2. Similarly, we condition this grant on PAS—5 not causing harmful interference nor claiming
protection from television pickup stations, CARS or any other users in the band operating in accordance
with the Table ofAllocations.
          13.    Commercial Use ofthe Austratia Beam in the United States. PanAmSatalso requests
that it be granted permanent authority to use the downlinked Australia beam at Napa Valley Teleport for
commercial purposes in addition to monitoring.. PanAmSat states that commercial use wl not affect the
technical characteristies of the Austrlia beam or ts impact on BSS or terrestrial users in the limited
portions of the United States included within the beam."" PanAmSat assertsthat granting it commercial
authority will improve serviceto the public by establishing connectivity between Austrlia and the Napa
Valley earth station and make more efficient use ofthe spectrum

"a«rcrR 5210
"" See foomotes2and 24 supra.
* See Inelat LLC, Order and Authoriation, 19 ECC Red 2775 (2004Yauthorzinguse of t 12.7—12.75 Gite
frequency band in the space0—Earth drectionto provide service o Cental and South America), See abso Lonal
Orion Services, Order and Autorization, 14 FCC Red 4636 (1999)(authorizing use of the 127—12.75 GHfe
frequency band for FSS dovnlink at Kapolel, Hawaii arth sation)
" se foomote 12 supra
* See 47 CFR. § 7460200See also Foomotes NGS3 and NGLS t th U.S. Table of Frequency Allocations, 47
ce 5210
" PanAmSatLicensee Corp. IBFS File No. SAT—AMD—20020326—0005$, 5.1 of Namative.
* See Modifation Application at1.


                               Federal Communications Commission                                  DA 066


         14, We find that no additional risk of harmfil interference is presented by PanAmSat‘s
proposal to add commercial authority." Use of these signals for commercial purposes wl not affect the
technical characterstis of PanAmSat‘s current signal..In addition, grant of commercial authority will
enable PanAmSat toimprove serviceto the public, adding connectivty between Australia and the United
States that PanAmSat could not offer previously. This connectivity will make it possibl for PanAmSat‘s
customers to add a U.S. receive point to their Austrlian networks and services, thereby improving
spectrum effiency.. Absent his connectivity, the customers would have to use dupliate faciites, such
as a second satelitelink, in order to reach the United States
         15.      Although we conclude that there is litle potential for interference with other services
resulting from PAS—5‘s operations, we nonetheless requirethat PanAmSat not cause harmful interference
to licensees operating in accordance with the Table of Allocations and that it cease all operations
immediately upon notifieation of harmful interference to other services. We also require that PanAmSat
accept interference from any service authorized to operate in the 12.25—12.7 GHz frequeney band in TU
Region 2 in accordance with the Table of Allocations."
        16. Orbiral Debris Mitigation. We note that on November 16, 2005, PanAmSat filed an
amendment to provide an Orbital Dcbris Mitigation Plan for PAS—5." We conclude that the plan
presented by PanAmSat for the PAS—5 space station demonstrtesits operation raises no public intrest
concerns related o orbital debris."
         17. Cancellation of 11.45—11.7 GHs Frequency Band Authority. Although PanAmSat was
originally granted authority o operate its PAS—5 satellt at 166° EL. in the 11.45—11.7 GHtz frequency
band, it never broughtthose frequenciesinto use.. As result, the authority to operate on those frequency
bands atthe166° E.L. orbital location is null and void by the terms of PanAmSat‘s authorization and our
rules" Accordingly, the 11.45—11.7 GHz frequeney band at the 166° EL. orbital location is now
available for reassignment to other applicants.
1v.     oRpERING CLaUsEs
        18.       IT IS ORDERED that PanAmSats application IBFS File Nos. SAT—MOD—19980928—

* PanAmSatalso received temporary authorty t use the downlink beam for commerial sevicein connectonwith
the 2000 Olympic Games in Sydiey, Ausrli See leter from ‘Thomas 8. Tycz, Chicf Satlite and
Radiocommunication Division, FCC to Joweph A. Godles, Aftomey for PanAmSat(IBFS File No. SATSTA—
20000324—00074, September6, 2000)
* We note hatthe Commission has made anallocation and adapted service ulesfor Non—Geostaionary Satelite
Orbit (NGSO‘) FSS opertions in the 12.25—12.7 Gite fequency band.. See The Establishment of Polis and
Service Rulesfor the Non—Geostatinary Satlite Orbit Fixed Satelite Sevice in the Kucband, 1B Docket No. 01«
96,Report and Order, FCC 02—123 (released Apr.26, 2002). PanAmSatwill have to accept interference from all
fiture authorzed NGSO FSS users in the band
" tmFile No. SAT—AMD—20051116—00220.
® Allapplications that wer pending asofOctober 19,2008 and weresubject o h information requirements of
Section 25.114of the Commission‘s rules were required to fil an Orbial Dcbris Mitiation Disclosur Plan by
November 18,2008; See Intemational Bureau Satelte Division Iformation, DisclosureofOrbial Dcbris
Mirigation Plans, Including Amendment of nding Applicaions, Public Note, DA 08—2698 (rl.Oct.13, 2005)
"* Amendment ofhe Commision‘s Space Sation Licensing Rules and Polies, Arst Report and Onker, IB Docket
No,02—30,18 FCC Red 10760, 10827 § 173 (2003);citing PandmSar Ko—Rand License Revcution Review Order
 16 FCC Red at 11537—38 (pare. 12),efting MexsarOrder7 FCC Red at191 fara. 8); MCI Onder, 2 ECC Red at
233 (pare. 5)Ars Columbia Milestone Order,15 ECC Red at 15871 (para. 1147 CER.§ 25.161,

                                                    6


                              Federal Communications Commission                              Da 06—6


0078, as amended. by: SAT—AMD—19990222—00024. and. SAT—AMD—20020326—00055, SAT—AMD
20051116—00220, 1S GRANTED and PanAmSat‘s authorization for PAS—S, granted in PandriSar
Licensee Corp., 14 FCC Red 2719 (1998), IS MODIEIED to allow PanAmSat to operate its PAS—S
satelite at 166° EL. using the 12.25—12.75 GHtz,14.0—14.5 GHz, 3700—4200 MHz and $925—6425 Mz
frequency bands in accordance with terms, conditions, and technical specifications set forth in its
modification application, as amended. and this Order.
         19. IT 18 FURTHER ORDERED that the authority originally granted for PanAmSat to
operate its PAS—S satelite at 166° EL. in the 11.45—11.7 GHtzfrequency band IS NULL and VOI and
the 11.45—11.7 GHtz frequency band at the 166° EL. orbitl location is now availble for reassignment to
other applicants.
        20. TT 18 FURTHER ORDERED that PanAmSat‘s use ofthe 12.25—12.75 GHz frequency
band in ITU Region 2 for monitoring and commercial use of he downlink portion of the Australia beam
shallbelimited to single earth station in Napa, California
        21. TS FURTHER ORDERED that PanAmSat‘s use of the 12.25—12.75 frequency band in
ITU Region 2 shall ot cause any harmfuliterference to authorized users operating in accordance with
the U.S. Table of Frequency Allocations in the 12.25—12.75 GHz frequeney band and shall accept any
interference from authorized users.
        22.      TT IS FURTHER ORDERED that, in the event of harmful interference resulting from
PanAmSat‘s use of the 12.25—12.75 GHz frequency band in ITU Region 2, PanAmSat shall immediately
cease these operations in that band.
        23.     TT JS FURTHER ORDERED that PanAmSatis granted a waiver ofthe U.S. Table of
Frequency Allocations to permit it to use the 12:7—12.75 GHz frequency band in TTU Region 2 in the
space—to—Barth direction. In accordance with the U.S. Table of Frequency Allocations, Footnote NGS3,
PanAmSat Licensee Corps use of the 12.7—12.75 GH frequency band is on a non—harmful interfrence
basis. PanAmSat must accept and not cause interference to exising television pickup stations and Cable
Television Relay Station (°CARS®) band users or any other users in the band operating in accordance
with the U.S. Table of Frequeney Allocations. If PanAmSat precludes the establishment ofa new CARS
link due to interference from, or to, PanAmSats downlink in the 12.7—12.75 GHz frequency band,
PanAmSat shall vacate the band.
        24.     TS FURTHER ORDERED thatthe lcense term forthe PAS—5 satelite is fifleen years
from January 1, 1999, the date PanAmSat certified to the Commission that the satelite had been
successfully placed into orbit and that is operation fully conformed to the terms and conditions of ts
authorization.


                             Federal Communications Commission                            DA 06—6




        2.      IT 18 FURTHER ORDERED that all other terms and. conditions contained. in
PanAmSat‘s initial authorization, PandmSat Licensee Corp., 14 ECC Red 2719 (1998), remain the same.
PanAmSat‘s STA to operate the satellite consistent with the technical parameters set forth in the
Modification application as amended, IBFS File No._ SAT—STA—20020705—00097, IS GRANTED to the
extent provided herein and otherwise DISMISSED AS MOOT.
         26. This Order is issued pursuant to Section 0.261 of the Commission‘s rules on delegated
suthority, 47 C.F—R. § 0.261, and is effective upon adoption.

                                      FEDERAL COMMUNICATIONS COMMISSION




                                     Deputy Chief
                                     Satellte Division



Document Created: 2006-01-04 14:21:49
Document Modified: 2006-01-04 14:21:49

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