Attachment G12 Legal Narrative

This document pretains to SAT-AMD-20100514-00102 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2010051400102_817316

Before the Federal Communications Commission Washington, DC 20554 In the Matter of PanAmSat Licensee Corp. File Nos. SAT-AMD- ____________ SAT-MOD-20100120-00013 Amendment to Application for Authorization for Galaxy 12 (S2422) AMENDMENT PanAmSat Licensee Corp. (“PanAmSat”), pursuant to Section 25.116 of the rules of the Federal Communications Commission (“Commission” or “FCC”), 47 C.F.R. § 25.116, hereby requests amendment of the above captioned application seeking authority to modify the orbital location of the Galaxy 12 satellite (call sign S2422). With this amendment, PanAmSat seeks authority to change the requested authorized orbital location of Galaxy 12 from 129.0º W.L. to 133.0° W.L. In accordance with the Commission’s rules,1 this amendment is being filed electronically as an attachment to FCC Form 312. PanAmSat provides the technical information relating to the amendment on Schedule S and in narrative form pursuant to Section 25.114 of the Commission’s rules. All other information provided in the pending modification application will remain unchanged and is incorporated by reference.2 1 47 C.F.R. § 25.116(e). 2 PanAmSat Licensee Corp., File No. SAT-MOD-20100120-00013 (filed Jan. 20, 2010).

I. REQUEST TO CHANGE ORBITAL LOCATION TO 133.0° W.L. PanAmSat currently has a pending modification application to operate Galaxy 12 at 129.0º W.L.3 PanAmSat requests amendment of this application to instead operate Galaxy 12 at 133.0º W.L. The proposed modification of Galaxy 12’s orbital location will serve the public interest. Following a technical anomaly on Galaxy 15 (call sign S2387), PanAmSat requested and received Special Temporary Authority to drift Galaxy 12 past 129.0º W.L. to 133.3º W.L. and then drift the satellite back to 133.0º W.L.4 By April 20, 2010, Galaxy 12 assumed Galaxy 15’s customer traffic, thereby avoiding any degradation to customer service. Permanent operation of Galaxy 12 at 133.0º W.L. will allow PanAmSat to maintain continuity of service to customers at this location. Moreover, PanAmSat will operate Galaxy 12 at 133.0º W.L. in accordance with existing PanAmSat and Intelsat coordination agreements and the FCC’s rules governing operations at that location vis-à-vis adjacent locations.5 Thus, the requested amendment will not adversely affect any party. Accordingly, grant of PanAmSat’s request to relocate the Galaxy 12 satellite to 133.0º W.L. will serve the public interest. 3 Policy Branch Information; Satellite Space Applications Accepted for Filing, Report No. SAT-00669, File No. SAT-MOD-20100120-00013 (Mar. 5, 2010) (Public Notice). 4 Policy Branch Information; Actions Taken, Report No.SAT-00682, File No. SAT-STA- 20100408-00070 (Apr. 9, 2010) (Public Notice). PanAmSat has received a 60 day extension of this STA. See PanAmSat Licensee Corp., Request for Extension of Special Temporary Authority to Drift and Operate Galaxy 12, Call Sign S2422, File No. SAT-STA-20100430-00089 (filed Apr. 30, 2010) (stamp grant, May 11, 2010). 5 Intelsat will soon file a request under Section 25.161(c) with respect to the 129.0° W.L. orbital location.

II. CONCLUSION For the reasons set forth above, PanAmSat respectfully requests that the Commission grant this amendment application. Respectfully submitted, PanAmSat Licensee Corp. By: /s/ Susan H. Crandall Susan H. Crandall Assistant General Counsel Intelsat Corporation Jennifer D. Hindin Colleen King WILEY REIN LLP 1776 K Street, N.W. Washington, D.C. 20006 (202) 719-7000 May 14, 2010

Exhibit A FCC Form 312, Response to Question 34: Foreign Ownership The Commission previously approved the foreign ownership in PanAmSat Licensee Corp. See Intelsat Holdings, Ltd. and Serafina Holdings Limited, Consolidated Application for Consent to Transfer of Control of Holders of Title II and Title III Authorizations, Memorandum Opinion and Order, 22 FCC Rcd 22,151 (2007) (“Intelsat-Serafina Order”). In December 2009, the Commission also approved certain pro forma changes in PanAmSat’s foreign ownership. There have been no other material changes to the foreign ownership since the date of the Intelsat-Serafina Order.

Exhibit B FCC Form 312, Response to Question 36: Cancelled Authorizations PanAmSat Licensee Corp. has never had an FCC license “revoked.” However, on June 26, 2000, the International Bureau “cancelled” two Ka-band satellite authorizations issued to PanAmSat Licensee Corp. based on the Bureau’s finding that PanAmSat Licensee Corp. had not satisfied applicable construction milestones. See PanAmSat Licensee Corp., Memorandum Opinion and Order, DA 00-1266, 15 FCC Rcd 18720 (IB 2000). In that same order, the Bureau denied related applications to modify the cancelled authorizations. PanAmSat Licensee Corp. filed an application for review of the Bureau’s decision, which the Commission denied, and subsequently filed an appeal with the United States Court of Appeals for the District of Columbia Circuit, which was dismissed in January 2003 at PanAmSat Licensee Corp.’s request. Notwithstanding the fact that the Bureau’s action does not seem to be the kind of revocation action contemplated by question 36, PanAmSat Licensee Corp. is herein making note of the decision in the interest of absolute candor and out of an abundance of caution. In any event, the Bureau’s action with respect to PanAmSat Licensee Corp. does not reflect on PanAmSat Licensee Corp.’s basic qualifications, which are well-established and a matter of public record.

Exhibit C FCC Form 312, Response to Question 40: Officers, Directors, and Ten Percent or Greater Shareholders Following are the officers of PanAmSat Licensee Corp.: Steve Spengler, Chairman of the Board, President & Chief Operating Officer Patricia Casey, Senior Vice President, General Counsel & Secretary Anita Beier, Senior Vice President & Controller Hank Courson, Vice President & Treasurer Following are the directors of PanAmSat Licensee Corp.: Steve Spengler Patricia Casey Anita Beier The address of all PanAmSat Licensee Corp. officers and directors is: 23 avenue Monterey L-2086 Luxembourg PanAmSat Licensee Corp., a Delaware corporation, is wholly owned by Intelsat International Systems LLC (formerly known as PanAmSat International Systems LLC), a Delaware limited liability company. Intelsat International Systems LLC is wholly owned by Intelsat Corporation (formerly known as PanAmSat Corporation). Intelsat Corporation holds 59% of Intelsat International Systems LLC directly and 41% indirectly. (Specifically, Intelsat Corporation wholly owns 100% of PanAmSat International Holdings LLC, which wholly owns USHI, LLC, which in turn holds a direct, 41% interest in Intelsat International Systems LLC.) Intelsat Corporation is a wholly-owned subsidiary of Intelsat Holding Corporation, a Delaware corporation. Intelsat Holding Corporation is a wholly-owned subsidiary of Intelsat Luxembourg Finance Company Sarl, a Luxembourg company. Intelsat Luxembourg Finance Company Sarl is a wholly-owned subsidiary of Intelsat (Gibraltar) Limited, a Gibraltar company. Intelsat (Gibraltar) Limited is a wholly-owned subsidiary of Intelsat Jackson Holdings S.A., a Luxembourg company. Intelsat Jackson Holdings S.A. is wholly owned by Intelsat (Luxembourg) S.A., a Luxembourg company. Intelsat (Luxembourg) S.A. is wholly owned by Intelsat S.A., a Luxembourg company. Intelsat S.A. is wholly owned by Intelsat Holdings S.A., a Luxembourg company. Intelsat Holdings S.A. is wholly owned by Intelsat Global Subsidiary S.A., a Luxembourg company. Intelsat Global Subsidiary S.A. is wholly owned by Intelsat Global S.A., a Luxembourg company (“Intelsat Global”, formerly “Serafina Holdings Limited”). Each of these entities may be contacted at the following address: 23 avenue Monterey, L-2086 Luxembourg. Intelsat Global’s ownership was approved by the Commission in the Intelsat-Serafina Order, has not changed materially and is incorporated by reference. See Intelsat Holdings, Ltd. and Serafina Holdings Limited, Consolidated Application for Consent to Transfer of Control of

Holders of Title II and Title III Authorizations, Memorandum Opinion and Order, 22 FCC Rcd 22,151 (2007) (“Intelsat-Serafina Order”).


Document Created: 2010-05-14 17:23:24
Document Modified: 2010-05-14 17:23:24
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