Intelsat 15 - Bond E

LETTER submitted by Intelsat North America LLC

Request for Extension of Bond Requirement

2009-12-15

This document pretains to SAT-AMD-20090528-00059 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2009052800059_788293

Jennifer D. Hindin 1776 K STREET NW December 15, 2009 202.719.4975 WASHINGTON, DC 20006 jhindin@wileyrein.com PHONE 202.719.7000 FAX 202.719.7049 7925 JONES BRANCH DRIVE VIA IBFS McLEAN, VA 22102 PHONE 703.905.2800 Ms. Marlene H. Dortch FAX 703.905.2820 Secretary Federal Communications Commission www.wileyrein.com 445 12th Street, S.W. Washington, D.C. 20554 Re: Intelsat North America LLC IBFS File Nos. SAT-LOA-20090410-00043 and SAT-AMD-20090528- 00059; Call Sign S2789 Dear Ms. Dortch: Intelsat North America LLC (“Intelsat”), by its attorney, hereby requests a 30-day extension of time to satisfy the bond condition specified in paragraph 13 of the Federal Communications Commission’s (“Commission”) grant of the above- referenced application relating to the Intelsat 15 space station. Intelsat further requests a clarification of this grant to confirm that if the Intelsat 15 space station is launched and commences operations prior to the date the bond is due, then Intelsat will not be required to post the bond. The requested extension and clarification are consistent with Commission precedent, and will facilitate Intelsat’s ability to demonstrate compliance with the conditions with minimal administrative burden. The Commission granted Intelsat’s application with conditions on November 25, 2009.1 Paragraph 13, subpart b, of the grant addresses bond matters relating to Intelsat 15. Specifically, the subpart provides that: Intelsat must file a bond with the Commission in the amount of $750,000, pursuant to the procedures set forth in Public Notice, DA 03-2602, 18 FCC Rcd 16283 (2003), within 30 days of the date of this grant (December 25, 2009).2 1 See Intelsat North America LLC, Application for Authority to Launch and Operate Intelsat 15, a Ku-band Replacement Satellite, at 85.15º E.L., IBFS File Nos. SAT-LOA-20090410-00043 and SAT-AMD-20090528-00059 (stamp grant Nov. 25, 2009). 2 Id. at ¶ 13.b.

Ms. Marlene H. Dortch December 15, 2009 Page 2 Intelsat 15 was successfully launched on November 30 but has not yet begun operations pending the completion of in-orbit testing. Testing is underway and to date all tests have been nominal. Assuming no anomalies occur, Intelsat expects testing to be completed and for the Intelsat 15 space station to commence operations at its assigned orbital location by January 18, 2010. An affidavit attesting to the facts relating to the launch and planned commencement of operations is attached hereto as Annex 1. In anticipation of a January 18, 2010 date for the commencement of operations on Intelsat 15, Intelsat requests that the Commission grant a 30-day extension of the bond due date, from December 25, 2009 until January 24, 2010. Intelsat notes that the requested extension would be consistent with Commission precedent, in which an extension has been granted under very similar factual circumstances.3 Intelsat further requests a clarification of the Commission’s grant to confirm that if the Intelsat 15 space station commences operations in its assigned orbital location on or before the extended January 24, 2010 deadline, then Intelsat will not be required to post a bond. The requested clarification would put the Commission’s grant of Intelsat’s application in conformity with other space station applications, in which execution of a bond was not required where operation of the space stations had commenced prior to the bond deadline.4 The bond requirement was first incorporated into the satellite licensing process by the Commission to replace its previous financial qualification 3 See SES Americom, Inc. and SES Satellites (Gibraltar) Ltd., Request for Extension of Time, IBFS File No. SAT-ASG-20080609-00120 (stamp grant Sept. 5, 2008) (“SES Grant”). 4 See, e.g., SES Grant at 2, ¶ 2; DIRECTV Enterprises, LLC, Applications for Authority to Launch and Operate the DBS and Ka-band Payloads on the DIRECTV 9S Satellite, Order and Authorization, 21 FCC Rcd 8028, 8038 ¶ 8 (2006); Loral Skynet do Brasil, Petition for Declaratory Ruling to Add Estrela do Sul 1, a Ku- band Satellite, to the Permitted Space Station List, Order, 18 FCC Rcd 26751, 26758 ¶ 20 (2003).

Ms. Marlene H. Dortch December 15, 2009 Page 3 requirements.5 The underlying purposes of the bond requirement are to “help deter speculative satellite applications, and help expedite provision of service to the public.”6 Given that the Intelsat 15 satellite has launched and is expected to begin operations shortly, the requested clarification would be consistent with the stated purposes of the bond requirement.7 For the foregoing reasons, Intelsat requests a 30-day extension of time to satisfy the bond requirement of paragraph 13 of the grant, and a clarification that if Intelsat commences operations on Intelsat 15 prior to the due date of the bond, then no bond is required. Respectfully submitted, /s/ Jennifer D. Hindin Jennifer D. Hindin Counsel for Intelsat North America LLC cc: Robert Nelson Cassandra Thomas Fern Jarmulnek Karl Kensinger Andrea Kelly Stephen J. Duall Kathyrn Medley 5 See Amendment of the Commission’s Space Station Licensing Rules and Policies, First Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 10760, 10825 ¶ 167 (2003) (“First Space Station Reform Order”). 6 Id. 7 See id. Intelsat also notes that although the application for Intelsat 15 contains new frequency bands not previously authorized on Intelsat 709 and omits certain frequency bands authorized on Intelsat 709, it is otherwise akin to a replacement for that satellite. The Commission has determined that the bond requirement is altogether unnecessary in the case of replacement satellites, as these applications are “intended to continue service, and would not be filed for speculative purposes.” Id.

ANNEX 1 DECLARATION OF TOBIAS NASSIF I, Tobias Nassif, Vice President, Satellite Operations and Engineering, hereby certify under penalty of perjury as follows: The Intelsat 15 space station was successfully launched on November 30, 2009. The space station is currently positioned at 63.15° E.L., where in-orbit testing of the satellite is in process. To date, all test results have been nominal. Assuming that no anomalies occur, testing will be completed in December 2009, and the satellite will then be drifted to its assigned orbital location, 85.15º E.L. Operation of Intelsat 15 at 85.15º E.L. is currently expected to begin on January 18, 2010. /s/ Tobias Nassif Tobias Nassif VP, Satellite Operations and Engineering Intelsat Corporation Dated: 15 December 2009


Document Created: 2009-12-15 17:08:24
Document Modified: 2009-12-15 17:08:24
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