Attachment DA 05-2444

DA 05-2444

ORDER & AUTHORIZATION submitted by FCC,IB

DA 05-2444

2005-09-15

This document pretains to SAT-MOD-20050325-00073 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2005032500073_454786

Federal Communications Commission pa os2ew Before the Federal Communications Commission Washington, D.C. 20554 In the Mater of ) ) Pan¥mSat License Corp. ) IBFS Nos. SAT—MOD—20050325—00072; ) sat—MoD—2050325—00073; Application for Authority to Use Extended ) saT—MoD—200s03z5—00074 Ku—Band Frequencies for Domesti Service ) ) Cl Signs S2368 $2253; S2380 ) oRpER AND AUTHORIZATION Adopted: September 15, 2005 Released: September 15, 2005 By the Acting Chiet, Satellte Division, Iternational Bureau: TRODUCTION 1. By this Order, we modify the authorizations of PanAmSat License Corp. (PanAmSat) for three in<orbi stelites — PAS—IR (Call Sign $2368), Galaxy 11 (Call Sign $2253), and PAS—23 (Call Sizn $2380)) — to permit service between U.S. domestic points using frequenciesin the 10.95—11.2 GHte and 11.45—11.7 GHtz bands (extended Ku—and) on an unprotected, non—interference basis® reative to fixed stations (FS), subject to certain conditions." In doing so, we also grant PanAmSat‘s associated requests for waiver of rule provisions that restriet use of the fixed—satelliteservice (space—to—arth)® (FSS downlinks) in the 107—11.7 GHband to international service only.® Grant of these applications will serve the public interest by enabling PanAmSat to make additional FSS eapacity available for US. ‘ After fling ts lcense appliation, PanAmSat renamed the PAS—23 space station "PAS—9.". For the sake of comeniencewe willcotinue torefrto his satliteas PAS—23 i this Order, " For parposes ofthis Order, perations on an "unproteted, nor—imerference bass" means thatPanAmSat may not eause harmful interference t, and may not clim proectonfrom, fixedstations to whichfrequenciesin the 1095« 11.2 GH and 1.45—11.7 GH bands have eiteralready beenasigned, or to which frequencies in the 10.95—11.2 GHe and 11.45—11.7 GHe bands may beassigneat lt date. * Because the use of the firedsitlite service (FSS)inthe band 10.7—11.7 Gife is limied to space—o—Fath transmissions, only space stations are authorized to trasmit in the exterded Kurband. The Commisson relis on the power Alt«density() limitsfospace stations transmitingin the band 10.7—11:7 Gite, which arecodifed at 47 CBR. § 2204(b), to providethe bsisfor sharing the exterded Ku—band fequencies between terestrl and space services. Nothing in this Order changes our eliance on this basisfor sharing. and thusleensees of fixed sttions operatig in the 10.95—11.2 Giiz and 1145—11.7 Gite bands will contiue to e protected o thesame level as hey curenty enioy *n the case wherethere is a parenthticaladditontoan allocaion in the Unied Sates Table [example: FIXED: SATELULITE (paceoRarth)] thatservicealloction i estcted to the ype of opertion so indlted. 47 CER. 521050@ 147 CFR §2.106 foomore NGIO#; 47 CER. $25 2020)1) foomote 2

Federal Communications Commission pa onz domestic use, including the delivery of high—definition television and local—mto—local programming, thereby enhancing consumer choice in space radiocommunication providers and services 1. BACKGROUND 2. PanAmSat proposes to modifyit authorizations for three in—orbit satelites to include authorityto provide domestic servicein the 10.95—11.2 GHz and 11.45—11.7 GHz bands in addtion to ts existinauthority to provide international service in these bands." All three satelites — PAS—IR, Galaxy 11, and PAS—23 — were licensed by the Commission in 2000° and are authorized to use C:band and both conventional and extended Ku—band frequencies" PanAmSat‘s suthority to use extended Ku—band frequenciesis conditioned on PanAmSat complying with foomote NG1O4 of the United States Table of Erequency Allocations, which limits FSS operations in the extended Ku—band to international service only. 3. PanAmSat secks to remove this restrction on it exising Hicenses and to add authorityto use extended Ku—band downlink frequencies for domestic service within the United Sttes. Specifiall, PanAmSat‘s applications seek to permit domesti operations of the PAS—IR satellite in the 10.95—11.2 GHz and 11.45—11.7 GHz bands," to permit domesti operations of the Galaxy 11 in the 10.95—11.2 GHz band," and to permit domestoperations ofthe PAS—23 satelites in the 11.45—11.7 GHz band." 4. In order to permit service between U.S. domesti points in the frequency bands requested, PanAmSat seeks waiver of foomote NGIO4 and foomote 2 of Section 25.201(a)(1)of he Commission‘s * in Region 2, the 117122 GHHe band is allocated for FSS downlnks; howeveri is allocated to the broadcasting— satlfte service (BSS) in Repion 1. Because of these differences between Repionl allscations, PanAmSat has requeted he use ofthe 10.95—11.2 GHz and 11.4—11.7 GHz bands, which are alloated for FSS downlink use on a primarybsis throughouttheworl. * See PanAmSat Licence Corp. IBFS Nos. SABMOD—20080225—00072 (PAS—/R Applicaron), SAT—MOD: 20050325—00073 (Galeay 11 Applicaton), SATMOD—20050325—00074 (PAS23 Application) (iled Mar. 25, 2005 * See PanAmSat Licensee Corp. Applcation for Authority to Launch and Operate a Hybrid Replacement Fixed SatliteService Space Suaton, Order and Authoriatin, 15 FCC Red 22156 (Sa. & Radiocomm. Div. In‘I Bu 2000) (PAS—1R Autorization OrderPanAmSatLicensee Corp, Application for Authoriy to Launch and Operate a C/Ku Hybrid Bixed:Satelite Service Space Saion, Order and Authorization, 15 FCC Red 4456 (Sa. & Radiocomm. Div. IntI Bur. 2000)(Galaay—1l Authoriation Onder; PanAmSat Licensee Corp, Applcation for Authorty to Lainch and Operte a Replacement C/u Hiybrid Fined Satlite Service Space Stition at 58° W.L. Order and Authoriation, 1 FCC Red 11747 (Sat & Radiocomm. Div. Int Bur. 2000) (PAS—23 Authoriwron Orten) * The conventional C:band refes to the 3700—4200 MJtz (dowalink) and 5925—6125 MHz (uplink) bands. The "comventionalKurband" refrs t he 11.7—12.2 GHtz (downlinkand 14—14.5 GHtz (uplinky bands. ® See PAS—1R Authoriation Order, 15 FCC Red t 22160 (paa.12; Galexy—11 Authorization Order, 15 ECC Red attd63 (pae. 17); PAS—23 AuthorizerionOrder, 15 FCC Red at 11748 (pra. 4). 47 CR §2.106 foomore NGIOH sutes"[the use of the bands 107—11.7 GHe (ipaceto—Rart) and 12.75—13.25 GHte (Rant—to—space)by th fired— satellte service in the geostationry—sitelite orbitshailbe limitedto inernational systems, e, other than domesti systems." "‘ PAS—R Application, Request for Waiver t1 © Galaxy 11 Application, Requestfor Waiverat1 ® PAS—23 Application, Requestfor Waiverat1

Federal Communications Commission a os2e tules, which limit ESS operations in the extended Ku—band to international service only."" PanAmSat argues that grant of its waiver requests would serve the public interest by making additional capacity available for communications services, including high definition: television: and. Tocat—into—ocal programming, and that grant of a waiver in this instance would not undermine the purpose of the Commission‘s rales." $. PanAmSat‘s applications appeared on public notice on April 29, 2005.*. No comments were fledin response to the public notice. Because PanAmSat‘s applications present identical questions o law and facts, we addressallthree applications in this Order. i. DISCUSSION 6. Purstant to Section 2.102 of the Commission‘s rules,the assignment, authorization, and use of frequenciesand bands of frequencies between 9 kHz and 275 GHz shall be in accordance with the Table of Frequency Allocations, 47 CRR. Section 2.106."_ Section 13 of the Commission‘s rules authorizes the Commission to waive itsrules for "good cause shown.""* Waiver is appropriate only if specialcircumstances warrant a deviation from the generalrule and such deviation would beter serve the public interest than would strict adherence to the generalrule."" Generally, the Commission may grant a waiver of its rules in a particular case only if the relief requested would not undermine the policy objective ofthe rile in question and would otherwise serve the public intrest.®. In considering requests for non—conforming spectrum uses, the Commission has indicated that it would. generally grant such waivers "when there is itle porential for interference into any service authorized under the Table of FrequencyAllocations and when the non—conforming operator accepts any interference from authorized services."" 7. PanAmSat seeks to downlink service originating from domestic uplinks to customer earth stations that. would. receive frequencies in the 1095—112 GHe and_1149—11.7 GHfz. bands. Internationally, the extended Ku—band is allocated to the FS, FSS (space—t0—Earth),and mobile (excent aeronsutical mobile service) on a co—primary basis throughout the world.". In the United States, the 5* PAS—IR Application, Request for Waiver at 2; Golasy 17 Appliation, Request for Waiver at 2; PAS23 Application, Requestfor Waiverat2 PAS—1R Application, Request for Waiver at 3—4; Galasy 11 Application, Request for Waiver at 34 PAS23 Appliation, Requestfor Waiver u34. "* Public Naice, Poliy Branch Infomation: Satlite Space Suition Applications Accepted forFlng, Report No. SAT—00288 (el. April 29,2009) 47 CRR§2.1020). Cerain exceptions ae specife in Setion 2.102,none of whichareatissue hrein "* seSection 13 of the Commission‘s riles, 47 CBR. §13. See also WATT Redia ». FCC, 418 F2d 1153 (D.C. Cir. 1999)(WAFTRadioNortheat Celidar Tel. Co. v. FCC, 897 F2d 1166 (DC. Cir. 1990) (Nortast Celldar} " Northeast Cellder,397 F2d t 1166 ® WaTT Redo 418 Rad at 1187. * Pugro—Chance, Inc., Application forBlanket Authorty For Blanket Authorty to Construct and Operate a Private Netvork of Receive.Only Mobile Earth Staions, Order and Authorizaron, 10 ECC Red 2860 (prn. 2) (1995) (suthorizing non—conforming mobilesstefte servicin the C:band). Salso Motorola Stelite Communicatons, Inc., Applicaton for Modification of License, Order and Authorization, 11 FCC Red 13982, 13986 (para. 11) (1996) (authorizing serviceto fied terminls in bandsallocted o the mobilesatlite servico) In Region 1, theband 10.7—11.7 GHiz is als alloeated to the FSS (Eartto—space). Inernationalfoomote 5.494 limittheuse of hi SS uplin alocation tBSS feder inks

Federal Communications Commission a os2s extended Ku—hband is allocated to the F and FSS (space.t0—Earth) srvices on a co—primary basisfor non— Federal use."" Foomote NGIO4 and footnote 2 of Section 25.202(a)(1)" of the Commission‘s rule limit SS operations in the extended Ku—band, including the 10.95—11.2 GHe and 11.45—11.7 GHz sub—bands requested by PanAmSat, to international service only.". The Commission found thatrestrcting FSS use in these frequency bands to intermational systems would limit the number of FSS earth stations with which licensees of co—primary fixed sations would need to coordinate."" Accordingly,the Commission‘s tules permit a satelite to provide downlink service into the United Sttes and its insularareas in the 1095—11.2 GHfz and 11.45—11.7 GHe bands only if the earth station transmission (uplink) originates outside the United States and itinsular areas. 8. In its requests for waivers, PanAmSat claims that operation of receive—only customer eatth stations on an uncoordinated basis will not inhibit or otherwise adversely impact the operations of authorized fixed stations in the same frequency band." Specifically, PanAmSat contends that FS operations will be protected from interference because the satelite downlinks will comply with the power fluscdensity imitsset forthin the Commission‘s rules : PanAmSat states that grant of ts modification requests will not "alter the footprin, power, or other operational characteristis" of the PAS—IR, Galaxy 11, and PAS—23 sateltes." PanAmSat also statesits willingness to accept "any level of interference from FS stations into its earth stations in the extended Ku—band."". Thus, according to PanAmSat, operations in this manner will not undermine the underiying policy of footnote NGIO4, because the fixed service will not be adversely impacted by interference or coordination burdens by PanAmSat‘s operations." 9. The Commission has previously authorized the downlink of domestic serviceto customer receive—only earth stations in the 11.45—11.7 GHtz band."In the EchoStar Orders, we determined that a ®47 CRR. §§2.106 and 28202( Alloction of a given frequency band to a particula service on primary basis enites opertors o protection against harmfulimerfrence from sttions of "secondary" services. Further secondary services cannot claim protection from harmlinterfrence caused by stationsof a primary serice. See 47 CR $62.1040) and 2.105(0). Co—primary means that the sevices sharea frequency band on an equalbsis, thatfacilites wll be protected based on the orderin which thlcenseappieations arecoortiated and authorized, and that the services have equal ighs of protetion ainstharmful imerfrencefrom stions of secondaryservices * a7 CR §25.20200(0) foomote 2 sttes "Tlseofthis by gcostaionary stelite orbistelte systems in the fixed—stelteservie is imited t itermational systems . otherthan domestic systems." " See SatelteServices, 26 RR 24 1257,1263—65 (1973),and GWARC Inquiy,70 PCC 28 1193, 1252 (1978). See also AssignmentofOrbtal LocationtSpace Sutions in the Domesti Fixed Stelite Service and the Applications of GE American Communications, Ic, Order and Authorizeion, 15 CC Red 3365 (Sat, & Radiocomm. Div 1909 *u " PAS—1R Application, Request for Waiver at 3—4; Galazy 11 Applicaion, Requestfor Waiver at 3.4; PAS—23 Applicatin, Requestfor Waiver t 34. "u. * *n "1 ® See EchoStar KuX Corporation Appliation for Authority to Constrict, Launch and Operate a Geostationary Satlite Using the Extended Ku—band Frequenciesin the FixedSatelfte Service atthe 83° W.L. Osbial Location, Order and Authorization, 20 FCC Red 919, 921—22 (pas.9) (Sat. Div. In‘l Bur. 2004);EchoStar Satllte LLC Applieatio for Authorty to Constrict, Launch and Operatea Geostationary Satelte Usingthe Extended Ku—band (continued..

Federal Communications Commission na o244 waiver of footmote NGIO4 would not undermine the rule‘s purpose because the waiver involved only passive receive—only earth stations that were not capable of causing interference into fixed sttions operating in the same frequency band. Furthermore, because the space sttion operator agreed to accept any level ofinterference from fixed stations into ts receive—only earthsttions* operations in the extended Ku—hand, FS aperators would not be required to coordinate their station operations with the space station operator‘s receive—only earth stations‘ operations.. Under those circumstances, we determined that an additional coordination burden would not be placed upon FS operators and thattheir abilty to expand servicein the future would not be restrcted in any manner. We noted. however,that the space sation operator could not claim protection from harmful inerference from authorized FS stations to which frequencies were etheralready assigned, or would be assigned in the future. In additon, we required the space station operator to inform its customers, in writing, including any customers receiving end—use servicefrom resellrsaccessing capacity on the applicable satelite,of the potential for iterference from FS operations in the 11.45—11.7 GHz band. 10. For the same reasons as those provided in the EchoStar Orders, we find that PanAmSat‘s request for a waiver of footmote NGIO4 will not undermine the rule‘s purpose.. PanAmSat‘s request meets the criteria generally required. for nor—conforming spectrum uses as its system imolves only passive earth stations thatare not capsble of causing inerference into FS stations operating in the 10.95— 11.2 GHe and 1145—11.7 GHe bands. In addition, PanAmSat has agreed to accept any level of interference from FS stations into its passive earth stations‘ operations. Furthermore, grant of PanmSat‘s request serves the public interest by enabling PanAmSat to use the additional capacity to provide, among other things, high definition tlevision and local—intoJocal programming.. Accordingly, we grant PanAmSst authority to provide domestic service in the 1095—11.2 GHz and 1145—11.7 GHe bands in addition t the existing authorty to provide international servicein these frequency bands that is contained in PanAmSat‘s existing authorizationsfor the PAS—IR, Galaxy 11, and PAS—23 satelites 11. We remind PanAmSat, however, that it is agreeing to operateitsreceive antenns in the extended Ku—band to provide domestic service on an unprotected, non—interference basis relative t fixed stations." Accordingly, PanAmSat shall not cause harmful interference to, nor claim protection from, authorized FS stations in te extended Ku—band to which frequencies are either already assigned, or may be assigned in the future. In addition, we require PanAmSat o inform its customers,in wriing, ncluding any customers receiving end—use service from resellers accessing capacity on the PAS—IR, Galaxy 11,and PAS—23 satelites, of the potential forinterference from FS operations in t10.95—11.2 GHz and 11.45— 117 GH bands with egards to domesti service. IV. ORDERING CLAUSES 12. Accordingly, T IS ORDERED thatthe applications of PanAmSst Licensee Corp, IBFS Nos. SAT—MOD—20050325—00072, SAT—MOD—20050325—00073, and SAT—MOD—20050325—00074 ARE GRANTED, and PanAmSat Licensee Corp. 18 AUTHORIZED to operate the PAS—1R space station (Call (.contined from previous page) Frequencis in the Fixed—Sateite Service atthe 109° W.L. OrbialLocation, Order and Authoriation, 20 FCC Red. 930 (Sa. Div. In‘1 Bu, 2008EchoStar KuX Corponation Application for Authoriy to Construct, Launch and Operate a Geosttionary Satelite Using the Extended Ku—band Frequencies in the Fixed—Satllte Serviceatthe 1219 WIL Orbital Location, Order and Authorizaron, 20 FCC Red 942 (Sat. Div. In‘l Bur, 200%) (colectively, ‘EchoSior Orders®) ® As exe s, these eath statons may be coortinted (consistnt with TTU procedires) wth neighboring administrations on pimary basis and willbe proteted fom fied statins operatingin those bordering countis Additionaly, thes eath sutions willbe proectd from fixed sations located in the United Sttes and it insular areas that are not operting in aceordance with thir authorzations

Federal Communications Commission ba os2s Sizn $2368) at 45° West Longitude using frequencies in the 10.95—11.2 GHz and 11.45—11.7 GHz bands, to operate the Galaxy 11 space sttion (Call Sign $2253) at 91° West Longitude using frequencies in the 10.95—11.2 GHtz band, and to operate the PAS—23 space sttion (Call Sign $2380) at 58° West Longitude using frequencies in the 11.45—11.7 GHz band,to provide domestic service in accordance with the terms, conditions, and technical specifications set forth in its application and this Order, and ts current authorizations ARE MODIFIED accordingly. 13. TT 18 FURTHER ORDERED that PanAmSat Licensee Corp.‘s requests for waivers of feomote NGIO4 of the United States Table of Frequeney Allocations, 47 CR. § 2.106, and of footnote 2 of Section 25.202@)(1) of the Commission‘s Rules, 47 CBR. § 25.202(a)(1), in order to provide domestic service using earth stations that receive in the 10.5—11.2 GHz and 11.45—11.7 GHz bands ARE GRaNTED 14. T 18 FURTHER ORDERED that PanAmSat Licensce Corp. SHALL OPERATE its eatth stitions in the 10.95—11.2 GHtz and 11.45—11.7 GHe bands that provide domestic service on an unprotected, non—interference basis relative to fixed sttions and, as such, PanAmSat Licensee Corp. may not cause harmfuliterference to, o claim profection from, fixed stations to which frequencies in the 1095—11.2 GHz and 11.45—11.7 GHz bands have either already assigned. or to which frequenciesin the 10.95—11.2 GHtz and 11.45—11.7 GHe bands may be assigned ata later date. 15. TT 18 FURTHER ORDERED that PanAmSat Licensee Corp. is required to inform its customers,in writig.including end—users receiving servicefrom resellrsaccessing capscity onthe PAS— 1R, Galasy 11, and PAS—23 satelites, thatthe servicein the 10.95—11.2 GHe and 11.45—11.7 GHz bands with regards to domestic servicis being provided on an uncoordinated basis, AND THAT the porential exists that future—icensed fixed. stations may cause harmfulinterference to these unprotected earth stations. 16. PanAmSat Licensee Corp. is afforded thiry days to decline this authorization as conditioned.. Failure to respond within this period will constiure formal acceptance ofthe authorization as conditioned. 17. This Order is effective upon release. Petitions for Reconsideration under Section 1.106 or spplications forreview under Section 1.115 ofthe Commission‘srules, 47 CER. § 1.106,1.11S, may be filed within thirty days ofthe date of the release ofthis Order (see 47 CR. § 14(b) 2)). FEDERAL COMMUNICATIONS COMMISSION (C@sohs. C iss Cassandra C. Thomas Acting Chiet, Satelite Division International Bureau


Document Created: 2005-09-15 15:36:49
Document Modified: 2005-09-15 15:36:49
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