Attachment ORDER

ORDER

ORDER submitted by IB, FCC

ORDER

2005-06-30

This document pretains to SAT-MOD-20050512-00098 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2005051200098_439292

Federal Communications Commission pa os—1904 Before the Federal Communications Commission Washington, D.C. 20554 In the Mater of ) ) Intelsat North America, LLC ) ) Application to Modify the INTELSAT 602 ) File No. SAT—MOD—20050512—00098 Authorization to Relocate INTELSAT 602 from ) SAT—STA—20050527—00111 the 50.5° EL. Orbital Location to the 150.5° ) EL. Orbital Location ) Call Sign: 82389 ) Request for Special Temporary Authority for ) INTELSAT 602 to stop drif at the 150.5° EL. ) Orbital Location ) orper Adopted: June 29, 2005 Released: June 30, 2005 By the Deputy Chief, Satelite Division, International Bureau: 1. Introduction 1. By this Order, we grant the request of Intelsat North America‘ (‘Intelsat")," to operate the INTELSAT 602 satellite (Call Sign $2389) in the C—band (3625—4198 MHz and 5027—6423 MHz) and Ku—band (10.952—11.200, 11450—11.688, and. 14.252—14488 GHz) frequencies at the 150.5° EL. orbital location on a non—harmful interference basis until May 30, 2007. Grant ofthis application as conditioned below will permit Intelsat to make maximum use of existing orbital resources and satisfy customer requirements. i We note thathesatlite cense($2309) and corespondingeart sttion lcensesfor th INTELSAT 602 were assigned fom IntelsatLLC o ntelsat North AmericaLLC on June 2, 2008, prsuantto Commission approval of a proforma assignment o cetain satlite Kieenses,including $2369. See Leterfrom Jennifer Hindin, Counsel for lnelst Re: Notlication of ApplicantChange IntelatLLC to ntlsat North AmericaLLC, Various Pending Application, dated June 2, 2005, SeealsPolcy Branch Information, Stelite Space Applicaions Actions Taken, Public Notic, Report No. SAT—00294 (rl. May 27, 2008) (graning File No. SAT—ASG—20050418—00085, which included $2389) f See Intesat LLC‘s Appliation to Modify Authorizaion for INTELSAT 602 (File No. SAT—MOD— 20050512—00098) (filed May 12, 2005)("Inelsat 602 Modifeation Applcatin‘), Seealso Applcation oInclat LLC for Authority o Operate, and to Parther Constrct, Launch, and Operte C:band and Ku—band Sateltes that Form a Global Communicaions System in Geostationary Orbit Memorandarm Opinion Order andAuthoriation, 15 FCC Red 18460 (2000), reco. denied, 15 FCC Red 25234 (2000), urther proceeding, 16 FCC Red 12280 (2001) (Irlsat Lcensing Orders) (raningInelsat, among other things, the authorityto operae a number of mobit C= band and Ku—band. satelites, including INTELSAT 602, themouned. and operited by the Inermational Telecommunications Satlite Organizaton)

Federal Communications Commission paos—1904 11. Background 2. On May 12, 2005, Intelsat filed an application to operate its INTELSAT 602 satellte at the 150.5° EL. orbitl location in the C:—band and Ku—band. This modification request represented a change in business plans for Intelsat as it had previously requested and been granted authority to move the satellite from the 50.5° EL. to 157.0° EL. orbital location." On May 27, 2005, Intelsat filed a requesl to stop the drift of the INTELSAT 602 satelite and hold the satelite at the 150.5° EL. orbital location while the modification application was pending before the Commission: 3. The Administration of Indonesia currently has C— and Ku—band Interational Telecommunications Union (ITU) filings at the 150.5° EL. orbital location.". Intelsat states that PT Indosat (Indosa), a private company, has the concession from the Administration of Indonesia to operate at the 150.5° EL. orbital location." Intelsat has entered into a private agreement with Indosat to operate the INTELSAT 602 satellite at the 150.5 EL. orbital Tocations." On February 8, 2005, Intelsat submitted a copy of ts agreement with Indosat, subject to a request for confidentialtreatment.® 4. The application was placed on Public Notice on May 27, 200.‘ No comments were filed. IHL. Discussion 5. We find that the public interest will be served by permitting Intelsat tooperate the INTELSAT 602 satellte at the 150.5° EL. orbital location, subject to conditions."" Intelsat maintains in its application that it will retain full control of the satellte at all times and will 4 See IBFS File No. SAT—MOD—20030819—00160; Ralcy Branch Information. Satelite Space Applications Actions Taken, Public Notie, Report No. SAT—00253, DA No.04—3481 (rel.October 29, 2004 * taes ie No. SAT—S7A20050527.00111 5 Accortingto Intlsa, the TTU fiings of Indonesiafoth Palaps—C4 satlite networks specifically include the 36254298 and 5927—6423 MHz frequency bands (C:band) and the 10982—11200, 1M4SO—11685, and 14252— 14488 MHf frequency bands (Kucband). SeInelsat602 Modifeation Application at p. 2. We alsonote her that the 1505° EL. orbtal location is not one of Intelsars original licensed loctions referenced in the Inelsor LLC Orders * See Intlsat 602 Modification Applicationatp.2 * 1 a Extibit B. Citelsat providesa copy ofa May 9,2005 leter fom Indosat, sating thatth Indonesian Administation has suthoried Indosat o arange for thoperationofa non—Indosatstelit t the 1505° EL location. Th leterfrthesttesthat the Indonesian Administation has ot icensed INTELSAT 602‘ opertions at 150. EL, and that such opertions is govermed by theauthorization provided bythe FCC.) * ul " See Policy Branch Information, Stelie Space Applcations Accepted forFilig. Public Noric, Report No SAT—00293 (rl. May 27, 2005. No comments wee Ailed on the appliation ©—— Similar requests were previously found to be in the public intrest..See PanAmSat Corporition, Appliation for Modifiation of License for the PAS 9 Satlite, Order and Authoriztion, 19 FCC Red 16612 (Suellze Div,In‘! Bur 2004); and PanAmSat Corporation, Requestfor Special Temporary Authorit to Operte a Space Suation at60° WJL, Order and Auhorizerion, 15 RCC Red 21802 In‘I Bur. 1999

Federal Communications Commission Da 0s—1904 operate the INTELSAT 602 satelite on a non—harmful interference basis."" Additionally, Intelsat states that it will operate the satellite using technical parameters consistent with coordination agreements the Administration of Indonesia reached with other Administrations responsible for adjacent satelite networks. In the event of unforeseen harmful interference to adjacent networks, Intelsat states that it will take immediate action to eliminate the source of such interference."" Based upon this record, as explained further below, we do not believe that Intelsat‘s operations at this location will cause harmful interference to adjacent satellits. 6. In its application, Intelsat provides an interference analysis, reflecting. three operational satelites within +/3 degrees of the 150.5° EL. orbital location.". These satellites included MEASAT—2, a C/Ku band satellite located atthe 148° EL. orbital location, Optus—B3, a L/Ku—band satelite located at the 152° EL. orbital location, and_ JCSAT—1B,/" a Ku—band satellte located atthe 150° E.L. orbital location. With respect to MEASAT—2" and Opts—B3, * Intelsat acknowledges that the INTELSAT 602 satellite will have frequency overlap with both these satelites. According to Intelsat, however, the Indonesian Administration has reached coordination agreements with the Malaysian and Australian Administrations that are consistent with the INTELSAT 602 satellite‘s proposed operations, as permited by Indonesia‘s PALAPA— C4 TTU filings. Intelsat states that it will operate the INTELSAT 602 satellite within the coordination constraints agreed to by the Indonesian Administration.. Intelsat provides these specific coordination parameters in itinterference analysis."" 7. With regard. to JCSAT—1B, Intelsat. acknowledges that the INTELSAT 602 satelite‘s uplink frequencies in the 14.25—14.5 GHz band, as published in the PALAPA—C4 TTU filings, overlap with the JCSAT—IB satellite." According to Intelsat, the. Indonesian Administration has not completed coordination with the Japanese Administration for these frequencies."" In its interference analsis, however, Intelsat proposes specific limits for its INTELSAT 602‘s Ku—band transmissions in order to protect operations of the JCSAT—IB." Additionally,Intelsat maintains that, in the event that Japan decides to replace its current satellite at 150° EL. with another satelite with different operational characteristics consistent with Japan‘s TTU flings while the INTELSAT 602 satellteis stll in operation at 150.5° EL, Intelsat will adopt alternative limits for its Ku—band transmissions at 150.5° EL., prior to the bringing See Intelsat 602 Modification Application atp.2 ts ag 90— idarappentixA. !* We note thataccess has beenpreviousl gramed o theJCSAT 1B. In 2002,t Commission licensed Hawall Pacifc TelepotL P.to operatean earth sttion whose points of communication include JCSAT—1. See 1BFle No. SES—L1C:—2001090..01627. € 14 at Appendix A.p. 5. We note that MEASAT2 is curenty on the Permited Lis See Binariang Sitelite Systems SDN BHHD (BSS), DA 03—2688, Order, 18 FCC Red. 16623 (lc Bur. released Aug. 19,2003) 14at Apperdi A.p. 9. * 1 at Appendix A.pp. 5(fr MEASAT) and pp.9—12 (for OptsB3 t d at Appendix A.p. 7. it u » tds Appendix A.pp.7.9

Federal Communications Commission pa os—1904 into use ofthe replacement Japanese satellite. * 8. We have reviewed the interference analysis Intelsat provides and conclude that it demonstrates that the proposed operation of the INTELSAT 602 satellite at 150.5° EL. as described above are consistent with authorization on a non—harmful interference basis, £. Intelsat may neither cause harmful interference to nor claim interference protection from other lasfully operating stations. Furtherif a new satellite were to be Inunched into an adjacent location in the future, the operation of the INTELSAT 602 satellite atthis location would also be on a non—harmfulinterference basisrelative to any new lawfully operating in—orbit satllite. Intelsatalso requests that Part 25 waivers originally granted for the INTELSAT 602 satelite in the 2007 Intelsar Licensing Order continue to apply at the 150.5° EL. location. These waivers include the following rule provisions: Sections 25.202(3) (TT&C at band edges), 25.210(a)(1) (orthogonal linear polarization), 25.210(a)(3) (switching polarization sense upon ground command), 25.210(c) (capability to change transponder saturation), 25.2106) (cross polarization isolation), and 25.211(@) (downlink analog video transmission in the center frequency)."" We grant these waivers for the reasons originally articulated in the Commission‘s Intelsat Licensing Orders.". In contrast to the Intelsat Licensing Orders, however, Intelsat‘s operation of the INTELSAT 602 satelit at the 150.5° EL. orbital location is on a non—harmful interference basis. 10. We note that the INTELSAT 602 satellite will operate at a location at which the United States has not, at this time, submitted any relevant TTU filings.. As discussed above, this authorization is issued on a non—harmful interference basis."* The United States, as the notifying administration for the operations of the INTELSAT 602 satellite at the 150.5 EL. orbital location will submit filing pursuant to Article 8 ofthe ITU Radio Regulations to the TTU. This authorization is issued on the understanding that, pursuant to Intelsat‘s agreement with Indosat, operations of the INTELSAT 602 satellie will be consistent with parameters agreed to in coordination agreements between the Administration of Indonesia and other Administrations. We consider the responsibility for both compliance, and enforcing compliance, with those agreements to be a matter which would arise under private law. Intelsat shall maintain full control over the operation of the INTELSAT 602 satellite and the United States remains the Hicensing administration of the INTELSAT 602 satellite for purposes of ITU Radio Regulation 18.1."" Nothing in Intelsat‘s agreement with Indosat or in any license granted to Indosat shall be & d mt Appendix A.p.9. & See Intlsat 602 Modifation Applcation, at Appendix A, p. 3. See also 47 CER. §§ 25202(0, 252100)(0, 252100G), 2210@), 22100), and 25211( 2. SeeIntelat Licensing Orders 15 ECC Red at 15493—15504 (paes. 78—115) * See ITU Radio Regulations Artcled4. 5. TTU Radio Requlation 18. stats that InJo transmiting station may be estblished or operated by a private person orby any enteprise without a lcens ssued n an appropriteform and in conformity with the provisions of these Regulations by or on behaf f the government of the countryto which the station i question is subject.." Seeleter dated Je 1, 2005 from Mr. NEng Ho, DeputyPresident Direct, Idonesian Stelite Corporation,to MarleneH. Dortch, Secrry, Rederl Communications Commission ("Thisi o conirm,thaIndonesia beingthe noifyingadminisation for Indosat, has Hcensed Indosat o operte ts systems" sitelites at 1503° EL. Indonesia, has not, however,lensed Inelsats operations ofINTELSAT 602 t 150.5° EL. which we recognize is governed by theauthorization provided by the U.S. Federal Communicatons Commission.". Thisletr wasis parof the record for this application

Federal Communications Commission Da os—1904 construed as incorporating the INTELSAT 602 satellite into the Indosat satellte system, or subjecting the INTELSAT 602 satellite to the licensing authority of any administration other than the United States. Further, with respect o is filings with the TT for the 150.5° E.L. orbital location, the Administration of Indonesia is not acting &ursuanl to Article 9 of the Radio Regulations on behalf of the United States Administration.". The issuance of this authorization should not be construed, in any way, as indicating a view as to the status of any TTfilings by other Administrations at the 150.5° EL. orbital location, or adjacent locations, or of any coordination agreements concerning those locations. IV.— Ordering Clauses 11. Accordingly, T IS ORDERED that Intelsat North America‘s request, File No. SAT— MOD—20050512—00098, to operate the INTELSAT 602 satellite (Call Sign $2389) atthe 150.5° EL. orbital. location 18 GRANTED and Intelsat North America‘s license to operate the INTELSAT 602 satellite IS MODTFIED to specify operations at the 150.5 EL. orbital location until May 30, 2007. Therefore, Intelsatis authorized to operate the C—band frequencies (3625— 4198 MHz and 5027—6423 MHz) and Ku—band frequencies (10.952—11,200, 11,450—11,688, and 14.252—14,488 MHz) abourd the INTELSAT 602 satelite, on a non—harmful interference basis at the 150.5° EL. orbital location, in accordance with the terms, conditions, and technical specifications set forth in its application, this Order, and the Federal Communications Commission‘s Rules. 12. IT 18 FURTHER ORDERED that Intelsat‘s operations shall be on a non—harmful interference basis, £e., Intelsat shall not cause harmful interference to, and shall not claim protection from interference caused to it by, any other lawfully operating satelltes. 13. IT IS FURTHER ORDERED that in the event of any harmful interference as a result of Intelsat‘s operations at the 150.5° EL. orbital location, Intelsat shall cease operations immediately upon notification of such interference and shall inform the FCC, in writing, immediately of such an event. 14. TT 18 FURTHER ORDERED that Intelsat shall inform its customers that operations at the 150.5° EL. orbital location are on a non—harmful interference basis and that Intelsat must cease operations upon notification of such interference. 15. IT 1 FURTHER ORDERED that Intelsat shall maintain full operational control of the INTELSAT 602 satellite atall times. 16. TT 1S FURTHER ORDERED that this authorization is issued on the express understanding that, to the extent Intelsat, pursuant to its agreement with Indosat, a private company, will conform its operations to the parameters agreed to in coordination agreements between the Administration of Indonesia and other Administrations responsibility for both compliance with and enforcing compliance with those agreements is a matter which would arise under private law. % Ariele9 ofthe TU Radio Repulations outines th procediresforeffectng coortiation ofsatlite retworks, and permits one administation to act on bebalfoa group of named admninisrations. See ITU Radio Regulations9.1,9.6.

Federal Communications Commission ba 0s—1904 17. TT IS FURTHER ORDERED that this authorization is issued with the understanding that this grant is not an approval of any specific agreement entered into by Intelsat, its subsidiaries, and affilites, nor of any specific provision of any such agreement, concerning operation of the INTELSAT 602 satellite, nor is it an approval of an agreement conceming any related matter, nor of any specific provision of any such agreement concerning any related matter. 18. IT IS FURTHER ORDERED that in connection with the provision of service in any particular country, Intelsatis obliged to comply with the applicable laws, regulations, rules, and Hicensing procedures of that country. 19. TT IS FURTHER ORDERED that this authorization is issued with the understanding that the United States remains the licensing administration of the INTELSAT 602 satelite for purposes of ITU Radio Regulation 18.1 and that its operations are pursuant to TTU Radio Regulation 4.4. 20. IT IS FURTHER ORDERED that this authorization is ssued with the understanding that. with respect to its filings with the TTU for the 150.5° EL. orbital. location, the Administration of Indonesia is not acting pursuant to Article 9 of the Radio Regulations on behalf of the United States Administration. 21. TT 18 FURTHER ORDERED that this authorization is issued with the understanding that this grant does not in any way express a view concerning, or agreement as to, the validity or lack of validity of any TTU filing at or within the vicinity of the 150.5° E.L. orbitallocation. 22. IT IS FURTHER ORDERED that Intelsat shall prepare and submit to the Federal Communications Commission, within fifteen days following release of this Order, materials for submission to the TTU, pursuant to Article 8.4 of the Radio Regulations, in connection with the operations of the INTELSAT 602 spacecraftat the 150.5° EL. orbital location. 23. IT 1 FURTHER ORDERED that grant of this modification request does not convey to Intelsat any authority to operate a replacement satelite at the 150.5° EL. orbital location or any priority in the United States satellite licensing process relative to applications for authority to operate a regularly authorized satellite at this orbital position. 24. IT IS FURTHER ORDERED that Intelsat is afforded thirty days from the date of release of this grant and authorization to decline this authorization as conditioned.. Failure to respond within this period will constitute formal acceptance of the authorization as conditioned.

Federal Communications Commission DA 0s—1904 25. IT 18 FURTHER ORDERED that Intelsat‘s request, IBFS File No. SAT—STA— 20050527—00111, to stop drifting the INTELSAT 602 satelite IS GRANTED, in part, to the extent necessary to stop the drif to the 157.0° EL. orbital location and commence the drift of the INTELSAT 602 satellte o 150.5° EL. orbital location and is otherwise DISMISSED as moot. 26. IT IS FURTHER ORDERED that this action is used pursuant to Section 0.261 ofthe Commission‘s rules on delegated authority, 47 C.FR. § 0.261, and is effective upon release. Petitions for reconsideration under Section 1106 or applications for review under Section 1.115 of the Commission‘s rules, 47 C.FR. §§ 1.106, 1.115, may be filed within 30 days ofthe date of the public notice indicating that this action was taken. FEDERAL COMMUNICATIONS COMMISSION Deputy Chief, Satellte Division International Burcau


Document Created: 2005-06-30 12:13:36
Document Modified: 2005-06-30 12:13:36
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