O3b Petition for Cla

PETITION submitted by O3b Limited

O3b Petition for Clarification

2018-06-11

This document pretains to SAT-AMD-20170613-00086 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2017061300086_1418996

Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Intelsat License LLC ) File Nos. SAT-LOA-20170524-00078 & ) SAT-AMD-20170613-00086 Application for Authority to Launch and ) Call Sign S3015 Operate Galaxy 15R at 133° W.L. ) PETITION FOR CLARIFICATION OF O3B LIMITED O3b Limited (“O3b”) requests clarification of the International Bureau’s grant of the above-referenced Intelsat License LLC (“Intelsat”) applications for the Galaxy 15R space station. 1 In response to concerns raised by O3b, the Commission incorporated into the Galaxy 15R Grant a condition relating to Intelsat’s use of spectrum in which Ka-band non- geostationary orbit (“NGSO”) fixed-satellite service (“FSS”) systems have primary status, the 18.8-19.3 GHz and 28.6-29.1 GHz bands (the “NGSO-Primary Band”). The condition requires Intelsat to either certify that it has reached a coordination agreement with the operator of a Ka- band NGSO system authorized to serve the United States or make a detailed technical showing regarding how Intelsat will ensure the Ka-band NGSO system is protected. 2 The language of the condition provides that such a showing must be made at least sixty days prior to the initial launch of a given NGSO FSS system. O3b seeks clarification because the effect of this condition with respect to protection of the O3b system, which already operates in the NGSO-Primary Bands under a grant of U.S. market access, is not clear. Intelsat cannot submit the required showing with respect to O3b 1 Intelsat License LLC, Call Sign S3015, File Nos. SAT-LOA-20170524-00078 & SAT-AMD- 20170613-00086, grant-stamped May 10, 2018 (the “Galaxy 15R Grant”). 2 Id., Attachment to Grant at 5, ¶ 19 & n.5.

sixty days before the initial launch of the O3b NGSO system, as O3b’s system has been operation since September 2014. Thus, applying the condition retroactively would make it impossible to meet. On the other hand, a purely prospective reading of the condition would be irrational, suggesting that Intelsat is obligated to provide a non-interference demonstration only with respect to future NGSO systems, and not with respect to the operational O3b network that is currently serving customers in the U.S. and around the globe. To avoid any confusion arising from this language, O3b suggests the Commission modify Paragraph 19 of the Galaxy 15R Grant conditions by adding the underlined sentence below: At least sixty days before the scheduled initial launch of each NGSO FSS satellite system licensed or granted market access in the United States to operate in the 18.8-19.3 GHz and 28.6- 29.1 GHz frequency bands, Intelsat must either: (1) notify the Commission in writing when an agreement has been reached with the NGSO satellite system operator, or (2) seek and obtain the Commission’s approval of a modification of this license including detailed technical demonstrations of how Intelsat will protect the NGSO FSS satellite system. If neither condition is met, Intelsat must cease operations in the 18.8-19.3 GHz and 28.6-29.1 GHz frequency bands pursuant to this license until such time as compliance is demonstrated. Intelsat must comply with either (1) or (2) above with respect to the NGSO FSS satellite system operated by O3b Limited at least sixty days before the scheduled launch of Galaxy 15R and must not commence operations in the 18.8-19.3 GHz and 28.6-29.1 GHz frequency bands pursuant to this license until such time as compliance is demonstrated. O3b informed Intelsat that it would be seeking this clarification of the Galaxy 15R Grant, and Intelsat has advised O3b that it has no objection to addition of the above sentence as proposed by O3b. 2

Accordingly, O3b requests that the Commission reissue the Galaxy 15R Grant with the clarifying change discussed above. Respectfully submitted, O3B LIMITED By: /s/ Suzanne H. Malloy Of Counsel Vice President, Regulatory Affairs Karis A. Hastings O3b Limited SatCom Law LLC 900 17th Street, N.W. 1317 F Street, N.W., Suite 400 Washington, D.C. 20006 Washington, D.C. 20004 karis@satcomlaw.com June 11, 2018 3

CERTIFICATE OF SERVICE I hereby certify that on this 11th day of June, 2018, I caused a true and correct copy of the foregoing “Petition for Clarification of O3b Limited” to be sent by first class mail, postage prepaid, to the following: Susan H. Crandall Jennifer D. Hindin Cynthia J. Grady Wiley Rein LLP Intelsat Corp. 1776 K Street, N.W. 7900 Tysons One Place Washington, D.C. 20006 McLean, VA 22102-5972 Counsel to Intelsat License LLC Maureen C. McLaughlin Scott Blake Harris Vice President, Public Policy V. Shiva Goel Iridium Satellite LLC Harris, Wiltshire & Grannis LLP 1750 Tysons Boulevard, Suite 1400 1919 M Street, N.W., 8th Floor McLean, VA 22102 Washington, D.C. 20036 Counsel to Iridium Satellite LLC Carlos M. Nalda LMI Advisors, LLC 2550 M Street, N.W., Suite 345 Washington, D.C. 20037 Counsel to Eutelsat S.A. /s/ Suzanne Malloy Suzanne Malloy


Document Created: 2018-06-11 14:45:37
Document Modified: 2018-06-11 14:45:37
© 2025 FCC.report
This site is not affiliated with or endorsed by the FCC