Intelsat - Response

OTHER submitted by Intelsat License LLC

Response to Comments of DIRECTV

2012-09-05

This document pretains to SAT-AMD-20120815-00131 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2012081500131_965265

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Intelsat License LLC ) File Nos. SAT-MOD-20120619-00100 ) SAT-AMD-20120815-00131 Application to Modify Authorization ) For Intelsat 8 (S2460) ) ) RESPONSE TO COMMENTS Intelsat License LLC (“Intelsat”) hereby responds to the comments of DIRECTV Enterprises, LLC (“DIRECTV”) in the above-referenced proceeding.1 Intelsat’s application requests that the waiver of Section 2.106 (the “U.S. Table of Frequency Allocations”) previously granted for the Intelsat 8 spacecraft to transmit in the 12250–12750 MHz frequency band for commercial Fixed-Satellite Service on a non-interference, non-protected basis at 166.0° E.L continue to apply following the relocation of Intelsat 8 to the nearby 169.0° E.L. orbital location.2 Intelsat also seeks to expand the waiver to permit Intelsat 8 to operate with any earth station in the International Telecommunication Union Region 2, rather than just one earth station in Napa, California. 1 Comments of DIRECTV Enterprises, LLC, File Nos. SAT-MOD-20120619-00100 and SAT-AMD- 20120815-00131 (filed Aug. 20, 2012) (“DIRECTV Comments”). 2 The current waiver permits Intelsat 8 to transmit in the 12250–12750 MHz frequency band for commercial Fixed-Satellite Service (“FSS”) on a non-interference, non-protected basis to the its Napa, California earth station facility. See In the Matter of PanAmSat License Corp. Application for Modification of Authority to Operate the Pas-5 Satellite at the 166° degrees E.L. Orbital Location, Order and Authorization, DA 06-6, File Nos. SAT-MOD-19980928-00078, SAT-AMD-19990222-00024, SAT-AMD- 20020326-00055, SAT-STA-20020705-00097, and SAT-AMD-20051116-00220, 21 FCC Rcd 36, ¶ 1 (Jan. 4, 2006).

DIRECTV expresses concern about the potential precedent a waiver could set, but “does not object to the limited waiver Intelsat seeks”.3 Specifically, DIRECTV does not oppose grant of the waiver on the facts put forth in the Intelsat 8 application. DIRECTV just asks the Commission to make clear that Intelsat’s waiver “is appropriate in the unique circumstances here.”4 Granting the waiver based on the particular facts and circumstances presented for the Intelsat 8 satellite—the way DIRECTV requests—would be consistent with agency policy and precedent. The Commission routinely considers the particular facts and special circumstances presented by a particular application when granting a waiver. Case precedent clearly states that, “[t]he FCC may exercise its discretion to waive a rule where particular facts would make strict compliance inconsistent with the public interest.”5 In this case, granting the waiver is appropriate given the lack of potential interference resulting from the large orbital separation of Intelsat 8 from co-frequency DBS satellites serving Region 2, the limited beam serving the continental United States, and conformity with coordination agreements. Based on the foregoing, Intelsat respectfully requests that the Commission grant Intelsat’s application to modify the authorization for the Intelsat 8 satellite, including the requested waiver. Respectfully submitted, /s/ Susan H. Crandall Susan H. Crandall Assistant General Counsel, Intelsat Corporation Jennifer D. Hindin WILEY REIN LLP 1776 K Street, N.W. Washington, DC 20006 September 5, 2012 3 DIRECTV Comments at 2. 4 Id. 5 See N.E. Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (citing WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969) (emphasis added)). -2-

CERTIFICATE OF SERVICE I hereby certify that, on this 5th day of September 2012, a copy of the foregoing Response to Comments was served by first class mail, postage prepaid, upon: William M. Wiltshire Michael Nilsson WILTSHIRE & GRANNIS LLP 1200 Eighteenth Street, NW Washington, DC 20036 _____/s/ Sadie F. Butler ____ -3-


Document Created: 2019-04-13 03:36:31
Document Modified: 2019-04-13 03:36:31
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