Attachment Narrative & Exhibits SAT-AMD-20170613-00089

Attachment Narrative & Exhibits

This document pretains to SAT-AMD-20170613-00089 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2017061300089_1237238

Before the
Federal Communications Commission
Washington, DC 20554

In the Matter of

Intelsat License LLC File No. SAT-AMD- _____________

Application to Modify Authorization for
Galaxy 3C (S2381)

AMENDMENT TO APPLICATION OF INTELSAT LICENSE LLC
TO MODIFY AUTHORIZATION FOR GALAXY 3C

Intelsat License LLC (“Intelsat”), pursuant to Section 25.116 of the rules of the Federal

Communications Commission (“Commission” or “FCC”),1 hereby seeks to amend its application

to modify the authorization for Galaxy 3C (Call Sign S2381), a C- and Ku-band satellite

operating at 95.05° W.L.2 Specifically, Intelsat is filing this amendment to request waiver of

Sections 25.114(d)(14)(ii) and 25.283(c) of the Commission’s rules and, pursuant to FCC staff’s

request, to provide a Schedule S.3 All other information in the modification application remains

unchanged and Intelsat incorporates by reference the information previously provided.

1
47 C.F.R. § 25.116.
2
See Intelsat License LLC, Application to Modify Authorization for Galaxy 3C Satellite
(S2381), File No. SAT-MOD-20170523-00077 (filed May 23, 2017).
3
Intelsat previously sought waiver of § 25.114(a)(1) of the Commission’s rules, which
requires submission of Schedule S. Intelsat’s provision of Schedule S as part of this amendment
renders this waiver request moot. See id. at n. 5.

In accordance with the requirements of the Commission’s rules,4 this application has

been filed electronically as an attachment to FCC Form 312. Consistent with Section 1.62 of the

Commission’s rules,5 Intelsat will continue to operate the Galaxy 3C satellite pursuant to the

terms and conditions of its expiring license until such time as the Commission makes a

determination with respect to this request.

I. WAIVER REQUEST

Intelsat requests a waiver of Sections 25.114(d)(14)(ii) and 25.283(c) of the

Commission’s rules,6 which require an applicant to demonstrate that all stored energy will be

vented at the spacecraft’s end of life.

Under Section 1.3 of the Commission’s rules, the Commission has authority to waive its

rules “for good cause shown.”7 Good cause exists if “special circumstances warrant a deviation

from the general rule and such deviation will serve the public interest” better than adherence to

the general rule.8 In determining whether waiver is appropriate, the Commission should “take

into account considerations of hardship, equity, or more effective implementation of overall

policy.”9 As shown below, there is good cause to waive Sections 25.114(d)(14)(ii) and

25.283(c).

4
47 C.F.R. § 25.116(e).
5
47 C.F.R. § 1.62 (permitting continued operations by a licensee where there is a proper
and timely pending application for renewal of the license).
6
47 C.F.R. §§ 25.114(d)(14)(ii) & 25.283(c).
7
47 C.F.R. § 1.3; WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969).
8
Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C.Cir. 1990).
9
WAIT Radio, 418 F.2d at 1159.

-2-

Galaxy 3C is a Boeing model 702 spacecraft that is not designed to vent all pressurized

systems. Instead, the pressurant for the Galaxy 3C satellite that was used during orbit raising

was permanently isolated from the propulsion system by firing a pyrotechnic valve at beginning

of on-orbit life such that the residual gas (about 5%) cannot be vented at end of life.

Waiver is appropriate in this case because grant would not undermine the purpose of

these rules, which is to reduce the risk of accidental explosion and post de-orbit debris. Intelsat

will ensure that all active units on the Galaxy 3C satellite are turned off and that all propellant

tanks are depleted. In addition, the satellite’s manufacturer, Boeing, has designed the Galaxy 3C

spacecraft so that risk of accidental explosion causing additional orbital debris is minimal. First,

the risk of accidental explosions is minimized because the pressures will be very low at end of

life of the satellite, especially after the spacecraft is powered down and the temperature in the

tanks drops. Galaxy 3C has two helium tanks with a volume of 69.0 liters each. The estimated

mass and pressure of residual helium in each tank will be 270.0 grams and 2372.93 kPa (344.16

psia) at 18.3° C, respectively, at end-of-life. This minimal amount of residual helium will not

cause the pressure in the tanks to exceed burst pressure, even in a worst case end-of-life

temperature scenario. Additionally, Boeing has designed the tanks so that they leak before they

burst. If a leak were to occur, there would not be sufficient energy in the gas stream to

structurally damage the spacecraft and generate debris. Moreover, a leak would not significantly

perturb the satellite’s orbit because the expulsion of the pressurant gas would cause the

spacecraft to tumble and the change in the spacecraft’s velocity (i.e., the thrust) would be

randomly distributed, with the resulting impact on the satellite orbit’s apogee and perigee being

very small.

-3-

Grant of the waiver is also supported on hardship grounds. Galaxy 3C is an in-orbit

spacecraft. As such, a design change cannot be accomplished at this time. Avoiding such

hardship is particularly appropriate where, as here, the licensee acted in good faith. Specifically,

the Galaxy 3C satellite was licensed, launched, and operational prior to adoption of the rule.

Finally, grant of waiver of Sections 25.283(c) and 25.114(d)(14)(ii) is consistent with waivers

previously granted by the FCC.10 For all of these reasons, grant of the requested waiver is

warranted.

II. CONCLUSION

For the reasons set forth above, Intelsat respectfully requests that the Commission grant

this modification application.

Respectfully submitted,

Intelsat License LLC

By: /s/ Susan H. Crandall

Susan H. Crandall
Associate General Counsel
Intelsat Corporation
Jennifer D. Hindin
WILEY REIN LLP
1776 K Street, N.W.
Washington, D.C. 20006
June [ ], 2017

10
See e.g. PanAmSat Licensee Corp. Application to Modify Authorization for
Intelsat, File No. SAT-MOD-20090720-00073 (stamp grant Aug. 5, 2010).

-4-

Exhibit A
FCC Form 312, Response to Question 34: Foreign Ownership

The Commission previously approved foreign ownership in Intelsat License LLC
(“Intelsat”), in the Intelsat-Serafina Order.1 In December 2009 and October 2011, the
Commission also approved pro forma changes in Intelsat’s foreign ownership.2 There have been
no other material changes to Intelsat’s foreign ownership since the date of the Intelsat-Serafina
Order.

1
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).
2
See Intelsat North America LLC, Intelsat LLC, PanAmSat Licensee Corp., PanAmSat H-2
Licensee Corp., and Intelsat New Dawn Company, Ltd., Applications for Pro Forma Transfer of
Control, File Nos. SAT-T/C-20091125-00128, SAT-T/C-20091125-00124, SAT-T/C-20091125-
00127, SAT-T/C-20091125-00125, SAT-T/C-20091125-00126, SES-T/C-20091125-01505,
SES-T/C-20091125-01502, SES-T/C-20091125-01506, SES-T/C-20091125-01504 and SES-
T/C-20091125-01503 (granted Dec. 3, 2009); Intelsat Application for Pro Forma Transfer of
Control, File Nos. SAT-T/C-20110810-00160, SAT-T/C-20110811-00161, SES-T/C-20110811-
00948, SES-T/C-20110812-00963 (granted Oct. 13, 2011), and 0004825139 (granted Oct. 19,
2011).

Exhibit B
FCC Form 312, Response to Question 36: Cancelled Authorizations

Intelsat License LLC (“Intelsat”) has never had an FCC license “revoked.” However, on June
26, 2000, the International Bureau “cancelled” two Ka-band satellite authorizations issued to a
former Intelsat entity, PanAmSat Licensee Corp. (“PanAmSat”),1 based on the Bureau’s finding
that PanAmSat had not satisfied applicable construction milestones.2 In that same order, the
Bureau denied related applications to modify the cancelled authorizations. PanAmSat 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’s request. Notwithstanding the fact that the
Bureau’s action does not seem to be the kind of revocation action contemplated by question 36,
Intelsat 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 does not
reflect on Intelsat’s basic qualifications, which are well-established and a matter of public record.

1
All licenses previously held by PanAmSat Licensee Corp. have been assigned to Intelsat
License LLC. See IBFS File Nos. SAT-ASG-20101203-00252 (granted Dec. 23, 2010), SES-
ASG-20101203-0150 (granted Dec. 20, 2010), and SES-ASG-20101206-01502 (granted Dec.
20, 2010).
2
See PanAmSat Licensee Corp., Memorandum Opinion and Order, 15 FCC Rcd 18720 (IB
2000).

Document Created: 2017-06-13 15:12:11
Document Modified: 2017-06-13 15:12:11

© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC