SES Comments on Skyn

COMMENT submitted by SES Americom, Inc. d/b/a SES WORLD SKIES

SES Comments

2009-11-23

This document pretains to SAT-LOA-20080910-00174 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2008091000174_783196

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Skynet Satellite Corporation ) Call Sign S2764 (File No. SAT-LOA-20080910-00174) ) Application for Authority to Launch and ) Operate a 17/24 GHz Broadcasting- ) Satellite Service Space Station ) COMMENTS OF SES AMERICOM, INC. SES Americom, Inc. (doing business as “SES WORLD SKIES”),1 by its attorneys and pursuant to Section 25.154 of the Commission’s rules, 47 C.F.R. § 25.154, hereby submits its comments on the above-captioned application of Skynet Satellite Corporation (“Skynet”) for a Commission license to launch and operate RDBS-1, a new space station in the 17/24 GHz Broadcasting-Satellite Service (“BSS”) at 70° W.L. (the “RDBS-1 Application”). Under the Commission’s 17/24 GHz BSS orbital assignment rules, Skynet cannot be authorized to operate at full power and with full interference protection at 70° W.L. because SES WORLD SKIES has a previously-filed application less than four degrees away (the “AMC-22 Application”).2 SES WORLD SKIES has been active in the Commission’s proceedings to adopt rules for 17/24 GHz BSS, supporting policies that will facilitate the introduction of additional video service delivery options for U.S. consumers.3 SES WORLD SKIES has emphasized that its business plans include the deployment of 17/24 GHz spacecraft to serve the U.S. The AMC-22 1 On September 7, 2009, SES S.A. announced that the newly integrated operations of SES Americom, Inc. and New Skies Satellites B.V. will be conducted under a single brand name, SES WORLD SKIES. The new brand name does not affect the underlying legal entities that hold Commission authorizations or U.S. market access rights. 2 Call Sign S763, File No. SAT-LOA-20080910-00173. 3 See, e.g., Comments of SES Americom, Inc., IB Dkt No. 06-123 (filed Oct. 16, 2006) at 2, 5-9; Reply Comments of SES Americom, Inc., IB Dkt No. 06-123 (filed Nov. 15, 2006) at 6, 12-14.

Application, which proposes operation of a state-of-the-art 17/24 GHz BSS satellite to provide high-quality video and other services to users in the U.S. and beyond, is an important part of these plans. The proposed orbital location for AMC-22 is offset by .5 degrees from the 67° W.L. orbital location specified in Appendix F of the Commission’s decision adopting rules for 17/24 GHz service. That decision specified a “grid” of nominal orbital locations spaced four degrees apart at which the Commission would license the 17/24 GHz BSS frequencies.4 On reconsideration of the initial order, the Commission expressly permitted applicants to seek offsets of up to one degree from the Appendix F locations, and specified that offset operations could be authorized at full power and full interference protection provided that there was no prior license or previously-filed application within four degrees of the proposed orbital assignment.5 These offset policies were codified in Sections 25.140 and 25.262 of the Commission’s rules.6 Because there was no prior licensee or applicant within four degrees of the 67.5° W.L. orbital location requested for AMC-22, the AMC-22 Application proposes operation at full power and with full interference protection consistent with Sections 25.140 and 25.262. 4 Establishment of Policies and Service Rules for the Broadcasting-Satellite Service at the 17.3- 17.7 GHz Frequency Band and at the 17.7-17.8 GHz Frequency Band Internationally, and at the 24.75-25.25 GHz Frequency Band for Fixed Satellite Services Providing Feeder Links to the Broadcasting-Satellite Service and for the Satellite Services Operating Bi-directionally in the 17.3- 17.8 GHz Frequency Band, Report & Order, FCC 07-76, 22 FCC Rcd 8842 (2007) at ¶ 73 & Appendix F. 5 Establishment of Policies and Service Rules for the Broadcasting-Satellite Service at the 17.3- 17.7 GHz Frequency Band and at the 17.7-17.8 GHz Frequency Band Internationally, and at the 24.75-25.25 GHz Frequency Band for Fixed Satellite Services Providing Feeder Links to the Broadcasting-Satellite Service and for the Satellite Services Operating Bi-directionally in the 17.3- 17.8 GHz Frequency Band, Order on Reconsideration, FCC 07-174, 22 FCC Rcd 17951 (2007) (“Reconsideration Order”) at ¶ 22. 6 Id. at ¶¶ 23-30 & Appendix A. 2

Skynet also proposes to operate RDBS-1 at an offset from the Commission’s four- degree grid, requesting authority at 70° W.L., which is one degree away from the 71° W.L. Appendix F location.7 The Application states that because “there are no previously licensed or prior-filed 17/24 GHz BSS satellites” proposed to be located within four degrees of 70° W.L., Skynet seeks Commission authority to operate at the maximum permissible power in accordance with Section 25.262(b).8 Although Skynet did not know it at the time it filed the RDBS-1 Application, its statement regarding the absence of any prior-filed applications seeking authority within four degrees of 70° W.L. was incorrect. The AMC-22 Application for 67.5° W.L. was received by the Commission’s electronic filing system a fraction of a second before the RDBS-1 Application.9 Under the first-come, first-served processing framework for geostationary satellite applications, this time priority means that the Commission must consider the AMC-22 Application prior to the RDBS-1 Application.10 Furthermore, Skynet is not entitled to operate RDBS-1 at full power and with full interference protection since Skynet seeks an orbital location only two and a half degrees from the location requested in the prior-filed AMC-22 application. The Commission explained in the Reconsideration Order that: Under our revised orbital spacing framework, we will assign 17/24 GHz BSS space stations to orbital locations offset from Appendix F locations by up to one degree, and allow them to operate at full power and with full interference protection, if 7 RDBS-1 Application, Technical Description at 2. 8 Id., Technical Description at 15. 9 The receipt time for the AMC-22 Application was 10:00:00:923 a.m. on September 10, 2008, while the RDBS-1 Application was received at 10:00:01:623 a.m. on the same date. See International Bureau Queue Report, available at http://licensing.fcc.gov/myibfs/qReportExternal.do. 10 See 47 C.F.R. § 25.158(b) (“[a]pplications for GSO-like satellite system licenses will be placed in a queue and considered in the order that they are filed”). 3

there is no 17/24 GHz BSS space station assigned to, or a prior-filed application requesting assignment to, an orbital location less than four degrees from the applicant’s proposed offset location.11 As filed, the RDBS-1 Application is inconsistent with both Section 25.262 and Section 25.140. Section 25.262(b) provides that an “applicant may be authorized to operate a 17/24 GHz BSS space station” at an offset from an Appendix F position at the maximum permissible power “only if there is no licensed 17/24 GHz BSS space station or prior-filed application at a location less than four degrees away from the offset orbital location at which the applicant proposes to operate.”12 Sections 25.140(b) and (c) require that the interference analysis and spacecraft design for a proposed 17/24 GHz BSS satellite conform to the requirement to protect operations of prior-filed applicants at less than four degree spacing.13 Thus, the RDBS-1 Application as filed cannot be granted. Skynet must amend the application to reduce the proposed transmitted power and submit an updated interference analysis. If an amended application for RDBS-1 is granted, operations of that spacecraft must be consistent with the requirements of Section 25.262(d) vis-à-vis AMC-22. Specifically, RDBS-1 “may not cause any more interference to” AMC-22 than would be caused if AMC-22 “were located four degrees away from” RDBS-1, and RDBS-1 “must accept any increased interference that results” from AMC-22 operating “less than four degrees away.”14 11 Reconsideration Order at ¶ 22. 12 47 C.F.R. § 25.262(b). 13 47 C.F.R. §25.140(b) & (c). 14 47 C.F.R. § 25.262(d)(1) & (2). 4

Accordingly, SES WORLD SKIES requests that the Commission hold the RDBS-1 Application in abeyance until the Commission has acted on the AMC-22 Application and Skynet has amended the RDBS-1 Application to conform to Commission rules. Respectfully submitted, SES AMERICOM, INC. By: /s/ Karis A. Hastings Daniel C.H. Mah Karis A. Hastings Regulatory Counsel Hogan & Hartson L.L.P. SES Americom, Inc. 555 Thirteenth Street, N.W. Four Research Way Washington, D.C. 20004 Princeton, NJ 08540 (202) 637-5600 November 23, 2009 5

CERTIFICATE OF SERVICE I, Debra Hosang, hereby certify that on this 23rd day of November, 2009, I caused to be served a copy of the foregoing “Comments of SES Americom, Inc.” on the following party by first-class U.S. mail, postage prepaid: George Wazeter Director, Regulatory Affairs Skynet Satellite Corporation 500 Hills Drive Bedminster, NJ 07921 Joseph A. Godles Goldberg, Godles, Wiener & Wright 1229 19th Street, N.W. Washington, DC 20036 Counsel for Skynet Satellite Corporation /s/ Debra M. Hosang


Document Created: 2009-11-23 17:17:58
Document Modified: 2009-11-23 17:17:58
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