Attachment Hughes - Commission

Hughes - Commission

REQUEST submitted by IB, FCC

Letter

2012-02-28

This document pretains to SAT-LOI-20111220-00242 for Letter of Intent on a Satellite Space Stations filing.

IBFS_SATLOI2011122000242_940900

                            Federal Communications Commussion
                                     Washington, D.C. 20554



                                           February 28, 2012
Stephen Baruch
David S. Keir
Lerman Senter, PLLC
2000 K Street, NW., Suite 600
Washington, DC 20006

                                                       Re: Hughes Network Systems, LLC,
                                                       IBFS File No. SAT—LOI—20111220—00242
                                                       (Call Sign: S$2849)

Dear Messrs. Baruch and Keir:

On December 20, 2011, Hughes Network Systems, LLC (Hughes) filed a Letter of Intent to use
the planned Jupiter 91 W satellite to access the United States using portions of the Ka—band and
V—band at the 90.9° W.L. orbital location.‘ Pursuant to Section 25.111(a) of the Commission‘s
rules," we request that Hughes provide, by letter, additional information to facilitate the
processing of the application.

In its application, Hughes states that the Jupiter 91W space station will be launched and operated
under the authority of the United Kingdom. To facilitate review of this application, please state
whether Hughes has obtained launch and operational authority for the Hughes 91W space station
under the United Kingdom Outer Space Act. If not, please provide a statement detailing the
status of the application for such authority. Also, please indicate whether Hughes has assessed _
whether there are or will be sufficient ties to the United Kingdom to provide the UK Space
Agency the basis for issuing an authorization, e.g., procurement of a launch through a UK
company, and, if Hughes has made such an assessment, provide a summary of the factual and
legal bases for Hughes‘ conclusions.

Under Section 25.137(c) of the Commission‘s rules, a non—U.S. licensed GSO—like satellite
system seeking to serve the Untied States can have its request placed in the Commussion‘s
processing queue and considered in the order filed, if (1) the system is in orbit and operating; (2)
has a license from another administration; or (3) has been submitted for coordination to the
International Telecommunications Union. It its application, Hughes states that the "satellite‘s
authorization from the United Kingdom is held by Hughes Network Systems, Limited, an
indirect wholly—owned subsidiary of Hughes" and that Jupiter 91 W "has been published through
the International Telecommunication Union ("ITU") under the designation UKSAT—15 for the
Ka—band portion, and UKSAT—25 for the V—band portion." We recognize that Ofcom previously


_‘ IBFS File No. SAT—LOI—20111220—00242.
247 CFR. § 25.111(a).


provided correspondence regarding ITU filings on a prior Ka—band LOL® In light of the passage
of time, however, please provide us with information from Ofcom confirming that the relevant
filings continue to apply to the Ka—band portion of the Jupiter 91W space station. Also, please
provide confirmation that the UKSAT—25 was submitted by Ofcom on behalf of the UK operator
Hughes Networks Systems Ltd. for the V—band portion of Jupiter 91 W.

We request that Hughes respond to this letter by March 29, 2012, with a copy to Lynne
Montgomery of my staff (Lynne.Montgomery@fec.gov). Failure to do so may result in
dismissal of the application, pursuant to Section 24.112(c) and 25.152(b) of the Commission‘s
rules.*

                                                               Sincerely,



                                                           /
                                                               Robert G. Nelson
                                                               Chief, Satellite Division
                                                               International Bureau




* Letter to Kathryn Medley, Engineering Branch Chief, Satellite Division, International Bureau, Federal
Communications Commission from Steven Limb, Manager International Co—ordination, Ofcom, Office of
Communications (Sept. 1, 2008). The letterstates that "satellite network filing UKSAT —15 [was] submitted to the
ITU on behalf of the UK operator Hughes Networks Systems Limited. Coordination requests for these networks
were received by the ITU on 5 December 2007 and published on BR IF1C 2617 of 15 April 2008." Ofcom further
states that the ITU cost recovery for these networks has been paid and coordination is being pursued in accordance
with the ITU Radio Regulations. Id.
*47 C.FR. § 25.223(c) and 25.152(b).



Document Created: 2012-02-28 10:28:23
Document Modified: 2012-02-28 10:28:23

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