Attachment Legal Narrative

This document pretains to SAT-LOA-20171027-00145 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2017102700145_1296724

Before the Federal Communications Commission Washington, DC 20554 In the Matter of Intelsat License LLC File No. SAT-LOA-___________ Application for Authority to Launch and Operate Intelsat 15R, a Replacement Satellite With New Frequencies, at 85.0º E.L. APPLICATION FOR AUTHORITY TO LAUNCH AND OPERATE INTELSAT 15R, A REPLACEMENT SATELLITE WITH NEW FREQUENCIES, AT 85.0º E.L. Intelsat License LLC (“Intelsat”), pursuant to Section 25.114 of the Federal Communications Commission’s (“FCC” or “Commission”) rules,1 hereby applies to launch and operate a Ku-band replacement satellite with new frequencies, to be known as Intelsat 15R, at the 85.0º E.L. orbital location. Intelsat 15R is anticipated to be launched in the fourth quarter of 2020 and, after traffic transition, will replace the Intelsat 15 (call sign S2789)2 and Horizons 2 (call sign 1 47 C.F.R. § 25.114. 2 See Policy Branch Information; Actions Taken, Public Notice, Report No. SAT-00663, File No. SAT-LOA-20090410-00043 (Jan. 29, 2010) (“Intelsat 15 Authorization”). Intelsat North America changed its name to Intelsat License LLC in 2011.

S2423)3 satellites, which are currently operating at 85.15º E.L. and 84.85º E.L., respectively.4 Intelsat 15R will operate on a non-common carrier basis.5 As demonstrated below, Intelsat is legally and technically qualified to launch and operate its proposed replacement satellite with new frequencies. Moreover, grant of this application will serve the public interest by ensuring continuity of service to customers in Ku-band at the nominal 85º E.L. orbital location and by adding new Ku- and Ka-band capacity at the location. In accordance with the Commission’s requirements,6 this application has been filed electronically as an attachment to FCC Form 312 and Schedule S. I. INTELSAT IS QUALIFIED TO HOLD THE AUTHORIZATION REQUESTED HEREIN A. Legal Qualifications Intelsat is legally qualified to hold the space station authorization requested in this application. The information provided in the attached Form 312 demonstrates Intelsat’s compliance with the Commission’s basic legal qualifications. In addition, Intelsat already holds 3 See Policy Branch Information; Actions Taken, Public Notice, Report No. SAT-00842, File No. SAT-MOD-20110928-00190 (Feb. 3, 2012) (“Horizons 2 Authorization”). 4 After traffic transition is complete Intelsat currently plans to redeploy Intelsat 15 and Horizon 2. 5 Section 310(b) is not applicable to this license because Intelsat 15R, like all other satellites licensed to Intelsat, will operate on a non-common carrier basis. See Applications of The News Corp. Ltd. and The DIRECTV Group, Inc. (Transferors) and Constellation, LLC, Carlyle PanAmSat I, LLC, Carlyle PanAmSat II, LLC, PEP PAS, LLC and PEOP PAS, LLC (Transferees) for Authority to Transfer Control of PanAmSat Licensee Corp., Public Notice, 19 FCC Rcd 15424, 15425, fn.5 (Int’l Bur. 2004). 6 47 C.F.R. § 25.114(c). 2

multiple Commission satellite licenses, and its legal qualifications are a matter of record before the Commission." B. Technical Qualifications In the attached Form 312, Schedule S, and Engineering Statement, Intelsat demonstrates that it is technically qualified to hold the authorization requested herein. Specifically, Intelsat provides the information currently required by Section 25.114 of the Commission‘s rules. In addition, the Engineering Statement provides information demonstrating Intelsat‘s compliance with the Commission‘s orbital debris mitigation rules." C. Operational Frequencies The following chart showsthe frequencies that will be used by the Intelsat 15R satellite at 85.0° E.L. and the frequenciesthat are currently used by the Intelsat 15 satellite at 85.15° E.L. and the Horizons 2 satellite at 84.85° E.L. 10950—11200 MHz / 11450—11700 MHz / 11700—12200 MHz / 12500—12750 MHz / 13750—14000 MHz / 14000—14500 MHz / 17300—17800 MHz / 7 See Constellation, LLC, Carlyle PanAmSat 1, LLC, Carlyle PanAmSat II, LLC, PEP PAS, LLC, and PEOP PAS, LLC, Transferors and Intelsat Holdings, Ltd., Transferee, Consolidated Applicationfor Authority to Transfer Control ofPanAmSat Licensee Corp. and PanAmSat H—2 Licensee Corp., Memorandum Opinion and Order, 21 FCC Red 7368, 7381 4 23 (2006) ("The Commission previously has determined that PanAmSat and Intelsatare qualified to hold licenses."). 8 47 C.FR. §25.114(c). ° 47 C.F.R. § 25.114(d)(14). See also Mitigation of Orbital Debris, Second Report and Order, 19 FCC Red 11567 (2004).

17800-20200 MHz  27500-30000 MHz10  All of the existing frequencies licensed on Intelsat 15 and Horizons 2 are also on Intelsat 15R. In addition, Intelsat 15R will utilize the 17300-17800 MHz, 17800-20200 MHz, and 27500-30000 MHz frequency bands that are not on the Intelsat 15 or Horizons 2 satellites.11 D. The Intelsat 15R Satellite Will Operate Only in Regions 1 and 3 Intelsat understands that there are U.S. restrictions on use of the 12500-12700 MHz, 17300-17800 MHz, 17800-18300 MHz, 18800-19300 MHz, and 19300-19700 MHz frequency bands in Region 2. The Intelsat 15R satellite will operate at the 85.0° E.L. orbital location, which only allows service to Regions 1 and 3. Intelsat’s operations in the 12500-12700 MHz, 17300- 17800 MHz, 17800-18300 MHz, 18800-19300 MHz, and 19300-19700 MHz frequency bands are consistent with the frequency allocations in Regions 1 and 3. Because Intelsat 15R will not operate in Region 2, the U.S. frequency restrictions and conditions in the U.S. Table of Frequency Allocations are not applicable to the requested authority.12 Intelsat understands that waivers of the U.S. Table of Frequency Allocations, 47 C.F.R. § 2.106, may be required for operations in Region 2 and would seek all appropriate waivers prior to any relocation of the satellite in the future. 10 The 29100-29500 MHz band is allocated to MSS feeder links and FSS on a co-primary basis. Intelsat understands that earth station uplink operation in this band will require coordination with the incumbent MSS feeder link operator. 11 These frequencies are not currently licensed to or approved for market access by any other operator. See FCC, Approved Space Station List, https://www.fcc.gov/approved-space-station-list (last revised Sept. 25, 2017). 12 See Application for Authority to Launch and Operate Intelsat 33e, a Replacement Satellite With New Frequencies, SAT-LOA-20150327-00016, Legal Narrative at 7-8 (Mar. 27, 2015) (stamp grant Feb. 25, 2016). To the extent necessary, Intelsat seeks waiver of any Region 2 requirements in the U.S. Table of Frequency Allocations, 47 C.F.R. § 2.106. 4

E. Milestone and Bond Requirements Intelsat 15R will be subject to the milestone and bond posting requirements set forth in Sections 25.164 and 25.165 of the Commission’s rules because the 17300-17800 MHz, 17800- 20200 MHz, and 27500-30000 MHz frequencies are included on Intelsat 15R but are not on either of the satellites it is replacing.13 II. GRANT OF THIS APPLICATION WILL SERVE THE PUBLIC INTEREST Grant of this application is consistent with the Commission’s policy regarding satellite replacements. Section 25.165(e) of the Commission’s rules defines a “replacement space station” as one that is (1) “authorized to operate at an orbital location which is ±0.15° of the assigned location of a GSO space station to be replaced”; (2) “authorized to operate in the same frequency bands, and with the same coverage area as the space station to be replaced”; and (3) is “scheduled to be launched so that it will be brought into use at approximately the same time as, but no later than, the existing space station is retired.”14 In this case, Intelsat holds a replacement expectancy for the extended and conventional Ku-band frequencies at the nominal 85º E.L. orbital location because the Commission authorized Intelsat to operate Intelsat 15 and Horizons 2 at this nominal location.15 Intelsat 15R will operate at a location within ±0.15° of both the satellites it is replacing, on the same Ku-band frequencies, with overlapping coverage of both satellites’ coverage areas, and will be brought into use prior to retirement of either existing satellites. Further, the Commission recognizes a “replacement expectancy” in orbital locations in order to protect the large investments made by satellite operators. The agency has stated, 13 47 C.F.R. §§ 25.164 and 25.165. 14 47 C.F.R. § 25.165(e). 15 See Intelsat 15 Authorization, supra n. 2; Horizons 2 Authorization, supra n. 3. 5

[G]iven the huge costs of building and operating satellite space stations, there should be some assurance that operators will be able to continue to serve their customers. The Commission has therefore stated that, when the orbit location remains available for a U.S. satellite with the technical characteristics of the proposed replacement satellite, it will generally authorize the replacement satellite at the same location.16 Grant of this application is therefore merited, consistent with the Commission’s long standing policy. In addition, grant of this application will serve the public interest by ensuring continuity of service to consumers from the nominal 85° E.L. orbital location. Intelsat stands ready to deploy a replacement satellite to the 85.0º E.L. orbital location before either Intelsat 15 or Horizons 2 reaches the end of its useful life or is relocated. The Commission has stated that granting replacement applications ensures that service will be provided to consumers as efficiently as possible because the current licensee will be familiar with the service requirements and, given its experience, should be able to deploy a replacement satellite in the shortest possible time.17 Finally, the Intelsat 15R satellite will allow Intelsat to expand its service offering in the region, for the benefit of consumers, by adding new Ku- and Ka-band capacity, at the location. This expansion of capacity will serve the public interest. 16 Columbia Communications Corporation Authorization to Launch and Operate a Geostationary C-band Replacement Satellite in the Fixed-Satellite Service at 37.5° W.L., Memorandum Opinion and Order, 16 FCC Rcd 20176, ¶ 7 (Int’l Bur. 2001) (citing Assignment of Orbital Locations to Space Stations in Domestic Fixed-Satellite Service, Memorandum Opinion and Order, 3 FCC Rcd 6972, n.31 (1988) and GE American Communications, Inc., Order and Authorization, 10 FCC Rcd 13775, ¶ 6 (Int’l Bur. 1995)). 17 See Flexibility for Delivery of Communications by Mobile Satellite Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Bands, 18 FCC Rcd 11030, ¶ 83 (2003) (“Repairing or even replacing a malfunctioning satellite, for all its complexity, requires less time than designing and constructing a new system. Even in the worst case where a satellite is destroyed, a licensee can ordinarily replace a lost satellite with a ground spare at the next available launch window, or procure a technically identical satellite in an expedient manner since it would have already completed the complex design process.”). 6

III. ITU COST RECOVERY Intelsat is aware that processing fees are currently charged by the International Telecommunication Union (“ITU”) for satellite filings, and that Commission applicants are responsible for any and all fees charged by the ITU.18 Intelsat is aware of and unconditionally accepts this requirement and responsibility to pay any ITU cost recovery fees associated with the ITU filings that the Commission makes on behalf of Intelsat for the satellite proposed in this application, as well as any ITU filings associated with any satellite system for which Intelsat may request authorization at a later date. IV. INTELSAT ACCEPTS SECTION 316 PETITION CONDITIONS Intelsat understands and accepts that its license to operate Intelsat 15R at 58.0º E.L., with the exception of the 13750-1400 MHz, 17300-17800 MHz, 17800-20200 MHz, and 27500-30000 MHz frequencies, will be conditioned as follows: (a) Intelsat shall remain a signatory to the Public Services Agreement between Intelsat and the International Telecommunications Satellite Organization (“ITSO”) that was approved by the ITSO Twenty-fifth Assembly of Parties, as amended. (b) No entity shall be considered a successor-in-interest to Intelsat under the ITSO Agreement for licensing purposes unless it has undertaken to perform the obligations of the Public Services Agreement approved by the Twenty- fifth Assembly of Parties, as amended.19 18 See Implementation of ITU Cost Recovery Charges for Satellite Network Filings, Public Notice, 16 FCC Rcd 18732 (2001). 19 See Petition of the Int’l. Telecomms. Satellite Org. under Section 316 of the Commc’ns Act, as Amended, Order of Modification, 23 FCC Rcd 2764, 2769-71 ¶¶ 11-13 (Int’l Bur. 2008). 7

V. CONCLUSION Based on the foregoing, Intelsat respectfully requests that the Commission grant this replacement satellite application with new frequencies. Respectfully submitted, /s/ Susan H. Crandall Susan H. Crandall Associate General Counsel Cynthia J. Grady Regulatory Counsel Intelsat Corporation Jennifer D. Hindin Sara M. Baxenberg WILEY REIN LLP 1776 K Street, N.W. Washington, DC 20006 October 27, 2017 8

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 22151 (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). 1

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 (Int’l Bur. 2000). 1

Exhibit C FCC Form 312, Response to Question 40: Officers, Directors, and Ten Percent or Greater Shareholders The officers and directors/managers of Intelsat License LLC are as follows: Officers: Jacques Kerrest, Chairman Franz Russ, Deputy Chairman Michelle Bryan, Secretary Mirjana Hervy, Director, Finance Board of Managers: Jacques Kerrest Franz Russ Michelle Bryan The business address of all Intelsat License LLC officers and members of the Board of Managers is: 4 rue Albert Borschette L-1246 Luxembourg Intelsat License LLC is a Delaware limited liability company that is wholly owned by Intelsat License Holdings LLC, also a Delaware limited liability company. Intelsat License Holdings LLC is wholly owned by 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 Investments S.A., a Luxembourg company. Intelsat Investments S.A. is wholly owned by Intelsat Holdings S.A., a Luxembourg company. Intelsat Holdings S.A. is wholly owned by Intelsat Investment Holdings S.à r.l., a Luxembourg company. Intelsat Investment Holdings S.à r.l. is wholly owned by Intelsat S.A., a Luxembourg company. Each of these entities may be contacted at the following address: 4 rue Albert Borschette, L-1246 Luxembourg. Intelsat S.A.’s ownership was approved by the Commission as part of the Intelsat-Serafina Order and the recent Intelsat Pro Forma 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 22151 (2007) (“Intelsat-Serafina Order”); 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) (“Intelsat Pro Forma”). On May 16, 2012, the International Bureau granted an application to transfer control of Intelsat pursuant to a public offering of newly issued voting shares by Intelsat, subsequent voting share sales by current shareholders and possible private placements of newly issued voting shares. In the Matter of Intelsat Global Holdings, S.A., Applications to Transfer Control of Intelsat Licenses and Authorizations from BC Partners Holdings Limited to Public Ownership, Order, 27 FCC Rcd 5226 (Int’l Bur. 2012). This change of control has not yet been fully consummated. 2


Document Created: 2019-04-10 23:44:16
Document Modified: 2019-04-10 23:44:16
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