Attachment grant

grant

DECISION submitted by IB,FCC

grant

2008-07-22

This document pretains to SAT-MOD-20080225-00051 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2008022500051_654975

S2253 SAT-M0D-2008022540051 IB2008000421 PanAmSat Licensee Corp. Approved by OMB 3060-0678 Date & Time Filed: Feb 25 2008 3:41:04:753PM File Number: SAT-MOD-20080225-0005 1 FCC APPLICATION FOR SPACE AND EARTH STATI0N:MOD OR AMD - MAIN FORM FCC Use Only FCC 3 12 MAIN FORM FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: Application to Modify Authorization for Galaxy 11 (S2253) for 32.80 EL -8. Legal Name of Applicant Name: PanAmSat Licensee Corp. Phone Number: 202-944-7848 DBA Fax Number: 202-944-7870 Name: Street: c/o Intelsat Corporation E-Mail: susan.crandall@intelsat.com 3400 International Drive, N.W. City: Washington State: DC Country: USA Zipcode: 20008 -3006 Attention: Susan H. Crandall 1

Attachment Conditions of Authorization IBFS File No. SAT-MOD-20080225-00051 Call Sign: S2253 July 22,2008 PanAmSat Licensee Corp.'s (PanAmSat) request to modifl its authority in order to operate its C- and Ku-band space station, Galaxy 11 (Call Sign: S2253), at the 32.80' E.L. orbital location, IBFS File No. SAT-MOD-20080225-00051, IS GRANTED. Accordingly, PanAmSat is authorized to operate in the 3700-4200 MHz (space-to-Earth), 5925-6425 MHz (Earth-to-space), 10.95-11.2 GHz (space-to-Earth), 11.7 to 12.2 GHz (space-to-Earth), 13.75-14.0 GHz (Earth-to-space), and 14.0-14.5 GHz (Earth-to-space) frequency bands using the Galaxy 11 space station at the 32.80' E.L. orbital location. Additionally, PanAmSat is authorized to conduct space station Telemetry, Tracking, and Command operations on Galaxy 11 to effect the satellite's drifi to and operations at the 32.80' E.L. orbital location. These operations are authorized in accordance with the technical specifications set forth in the application, this Attachment, and the Commission's Rules and subject to the following conditions: 1. PanAmSat shall operate the Galaxy 11 space station at the 32.80" E.L. orbital location in compliance with all existing or future coordination agreements for that location. 2. PanAmSat shall operate Galaxy 11 at the 32.80' E.L. orbital location in the frequency bands of 5925-6425 MHz, 3700-4200 MHz, 14.0-14.5 GHz and 10.95- 11.2 GHz in accordance with the coordination agreements completed by Intelsat for Intelsat 802 space station. 3. With respect to the 13.75-14.0 GHz frequency band, PanAmSat shall prepare the necessary information, as may be required, for submission to the International Telecommunication Union (ITU) to initiate and complete the advance publication, international coordination, due diligence, and notification process of this space station, in accordance with the ITU Radio Regulations. PanAmSat shall be held responsible for all cost-recovery fees associated with these ITU filings. We also note that no protection from interference caused by radio stations authorized by other administrations is guaranteed unless coordination and notification procedures are timely completed or, with respect to individual administrations, by successfully completing coordination agreements. Any radio station authorization for which coordination has not been completed may be subject to additional terms and conditions as required to effect coordination of the frequency assignments of other administrations. See 47 C.F.R. 525.1 11(b). 4. PanAmSat's operation of the Galaxy 11 space station in the 11.7 to 12.2 GHz frequency band at the 32.80' E.L. orbital location is subject to the following conditions : (a) PanAmSat must operate Galaxy 11 on an unprotected and non-harmful interference basis with respect to broadcasting-satellite service (BS S)

operations in Region 1 (Europe/Africa) in accordance with Article 4.4 of the ITU Radio Regulations. (b) PanAmSat must operate Galaxy 11 in accordance with the BSS PFD limits specified in the ITU Radio Regulations, Appendix 30, Annex 1, Sections l(a) and 4, for protection of co-frequency BSS and terrestrial operators. 5. PanAmSat shall prepare and submit to the Federal Communications Commission, within fifteen days following release of this grant, materials for submission to the ITU, pursuant to Article 8.4 of the Radio Regulations, in connection with the operations of the Galaxy 11 spaces station in the 11.7-12.2 GHz frequency band at the 32.80” E.L. orbital location. 6 . PanAmSat’s operation of Galaxy 11 at the 32.80” E.L. orbital location’ is subject to the following conditions: (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. 7. Grant of this modification application does not change the expiration date of the authorization for Galaxy 11: April 6,20 15. 8. PanAmSat’s request for waiver of Section 25.1 14(d)(3) of the Commission’s rules, 47 C.F.R. 5 25.1 14(d)(3), is granted. Section 25.1 14(d)(3) requires predicted space station antenna gain contour(s) for each transmit and each receive antenna beam and nominal orbital location requested. PanAmSat’s application indicates that the bicone and pipe antenna diagrams (Exhibits 2R, 2S, 2U, and 2V) and the ULPC global horn antenna diagrams (Exhibits 2X and 2Y) were not prepared in accordance with the parameters specified in Section 25.1 14(d)(3) of the Commission’s Rules because the satellite manufacturer did not provide contours in the required format. We find, however, that Exhibits 2R, 2S, 2U, and 2V and Exhibits 2X and 2Y, together with the descriptive characterization provided in Section 3 of the Engineering Statement, fulfill the purpose of Section 25.1 14(d)(3). 9. This action is without prejudice to any action on IBFS File No. SAT-MOD- 20080523-001 13. In the Matter of Petition of the International Telecommunications Satellite Organization under Section 3 16 of the Communications Act, as Amended, IB 06-137, File No. SAT-MSC-200607 10-00076, Order of Modzjication, 23 FCC Rcd 2764,2770-71 (Int’l Bur. 2008).

10. PanAmSat 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. 11. This action is issued pursuant to Section 0.261 of the Commission's rules on delegated authority, 47 C.F.R. 8 0.261, and is effective immediately. . Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's rules, 47 C.F.R. $8 1.106, 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken. ,

9- 16. Name of Contact Representative Name: PanAmSat Licensee Corp. Phone Number: 202-944-7848 Company: Fax Number: 202-944-7870 Street: c/o Intelsat Corporation E-M ail : susan.crandall@intelsat.com 3400 International Drive, N.W. City: Washington State: DC Country: USA Zipcode: 2008 -3006 Attention: Susan H. Crandall Relationship: Legal Counsel I CLASSIFICATION OF FILING ~~~ ~ ~ 17. Choose the button next to the :lassification that applies to this filing for (N/A) bl . Application for License of New Station loth questions a. and b. Choose only one (N/A) b2. Application for Registration of New Domestic Receive-Only Station For 17a and only one for 17b. 0 b3. Amendment to a Pending Application @ b4. Modification of License or Registration 0 a l . Earth Station b5. Assignment of License or Registration @ a2. Space Station b6. Transfer of Control of License or Registration 0 b7. Notification of Minor Modification (N/A) b8. Application for License of New Receive-Only Station Using Non-U.S. Licensed Satellite (N/A) b9. Letter of Intent to Use Non-U.S. Licensed Satellite to Provide Service in the United States (N/A) b10. Other (Please specify) (N/A) bl 1. Application for Earth Station to Access a Non-U.S.satellite Not Currently Authorized to Provide the Proposed Service in the Proposed Frequencies in the United States (N/A) b12. Application for Database Entry 0 bl3. Amendment to a Pending Database Entry Application 0 b 14. Modification of Database Entry 2

17c. Is a fee submitted with this application? @ IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1 114). 0 Governmental Entity 0 Noncommercial educational licensee 0 Other(p1ease explain): 17d. Fee Classification BFY - Space Station Modification(Geostationary) 18. If this filing is in reference to an 19. If this filing is an amendment to a pending application enter both fields, if this filing is a existing station, enter: modification please enter only the file number: (a) Call sign of station: (a) Date pending application was filed: (b) File number: S2253 I SATMOD2005032500073 3

TYPE OF SERVICE 20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Select all that apply: Ha. Fixed Satellite 0b. Mobile Satellite 0c. Radiodetermination Satellite 0d. Earth Exploration Satellite 0e. Direct to Home Fixed Satellite 0f. Digital Audio Radio Service 0g. Other (please specify) 2 1 . STATUS: Choose the button next to the applicable status. Choose 122. If earth station applicant, check all that apply. only one. 0 Using U.S. licensed satellites 0 Common Carrier @ Non-Common Carrier Using Non-U.S. licensed satellites I 23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one. Are these facilities: 0 Connected to a Public Switched Network 0 Not connected to a Public Switched Network @ N/A 24. FREQUENCY BAND(S): Place an 'X' in the box(es) next to all applicable frequency band(s). a. C-Band (4/6 GHz) H b. Ku-Band ( 1 2/14 GHz) c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: Frequency Upper: (Please specify additional fiequencies in an attachment) 4

TYPE OF STATION 25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one. 0 a. Fixed Earth Station 0 b. Temporary-Fixed Earth Station 0 c. 12/14 GHz VSAT Network 0 d. Mobile Earth Station @ e. Geostationary Space Station 0 f. Non-Geostationary Space Station 0 g. Other (please specify) 26. TYPE OF EARTH STATION FACILITY 0 TransmiVReceive 0 Transmit-Only 0 Receive-Only N/A 'For Space Station applications, select N/A." 5

PURPOSE OF MODIFICATION !7. The purpose of this proposed modification is to: (Place an 'X' in the box(es) next to all that apply.) 0a authorization to add new emission designator and related service -- 0b authorization to change emission designator and related service -- 0c authorization to increase EIRP and EIRP density -- 0d authorization to replace antenna -- 0e -- authorization to add antenna 0f authorization to relocate fixed station -- 0g -- authorization to change frequency(ies) h -- authorization to add frequency 0i -- authorization to add Points of Communication (satellites & countries) 0j -- authorization to change Points of Communication (satellites & countries) 0k -- authorization for facilities for which environmental assessment and -adiation hazard reporting is required 1 -- authorization to change orbit location 0m -- authorization to perform fleet management 0n -- authorization to extend milestones 0o -- Other (Please specify) 6

ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental 0 Yes @ No impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.13 1 1 of the Commission’s rules, 47 C.F.R. 1.1308 and 1.131 1, as an exhibit to this app1ication.A Radiation Hazard Study must accompany all applications for new transmitting facilities, major modifications, or major amendments. ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station services are not required to respond to Items 30-34. 29. Is the applicant a foreign government or the representative of any foreign government? 0 Yes @ No 30. Is the applicant an alien or the representative of an alien? 0 Yes @ No 0 NIA 3 1. Is the applicant a corporation organized under the laws of any foreign government? 0 Yes @ No 0 NIA 32. Is the applicant a corporation of which more than one-fifth of the capital stock is owned of record or voted by 0 Yes @ No 0 NIA aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? 7

33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than @ Yes 0 No 0 N/A one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? 34. If any answer to questions 29, 3 0 , 3 1,32 andor 33 is Yes, attach as an exhibit an identification of the aliens or foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote. BASIC QUALIFICATIONS 35. Does the Applicant request any waivers or exemptions from any of the Commission’s Rules? Yes 0 No If Yes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents. 36. Has the applicant or any party to this application or amendment had any FCC station authorization or license @ Yes 0 No revoked or had any application for an initial, modification or renewal of FCC station authorization, license, or construction permit denied by the Commission? IfYes, attach as an exhibit, an explination of circumstances. Exhibits 8

37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling 0 Yes @ No the applicant ever been convicted of a felony by any state or federal court? IfYes, attach as an exhibit, an explination of circumstances. I 38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant, 0 Yes @ No guilty of unlawfully monopolizing or attemptiing unlawfully to monopolize radio communication, directly or indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement or any other means or unfair methods of competition?IfYes, attach as an exhibit, an explanation of circumstances 39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending 0 Yes @ No matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances. 40. If the applicant is a corporation and is applying for a space station license, attach as an exhibit the names, address, and citizenship of those stockholders owning a record andor voting 10 percent or more of the Filer’s voting stock and the percentages so held. In the case of fiduciary control, indicate the beneficiary(ies) or class of beneficiaries. Also list the names and addresses of the officers and directors of the Filer. 9

41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is @ Yes 0 No subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti-Drug Act of 1988,21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. See 47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes. 42a. Does the applicant intend to use a non-U.S. licensed satellite to provide service in the United States? IfYes, 0 Yes @ No answer 42b and attach an exhibit providing the information specified in 47 C.F.R. 25.137, as appropriate. If No, proceed to question 43. 42b. What administration has licensed or is in the process of licensing the space station? If no license will be issued, what administration has coordinated or is in the process of coordinating the space station? 43. Description. (Summarize the nature of the application and the services to be provided). (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) I PanAmSat Licensee Crop. herein requests permanent authority to relocate Galaxy 11 to, and operate the satellite at, 32.80 E.L. in order to provide critical back-up C- and Ku-band capacity at the nonimal 33.0 E.L. for Intelsat 802, which experienced an anomaly that has reduced available solar array power. Legal Narrative 10

43a. Geographic Service Rule Certification By selecting A, the undersigned certifies that the applicant is not subject to the geographic service or geographic aA coverage requirements specified in 47 C.F.R. Part 25. By selecting B, the undersigned certifies that the applicant is subject to the geographic service or geographic OB coverage requirements specified in 47 C.F.R. Part 25 and will comply with such requirements. Q C By selecting C, the undersigned certifies that the applicant is subject to the geographic service or geographic coverage requirements specified in 47 C.F.R. Part 25 and will not comply with such requirements because it is not feasible as a technical matter to do so, or that, while technically feasible, such services would require so many compromises in satellite design and operation as to make it economically unreasonable. A narrative description and technical analysis demonstrating this claim are attached. Technical Exhibit CERTIFICATION The Applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this application. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit in 47 CFR Part 20. All statements made in exhibits are a material part hereof and are incorporated herein as if set out in full in this application. The undersigned, individually and for the applicant, hereby certifies that all statements made in this application and in all attached exhibits are true, complete and correct to the best of his or her knowledge and belief, and are made in good faith. 11

.4.Applicant is a (an): (Choose the button next to applicable response.) 0 Individual 0 Unincorporated Association 0 Partnership Corporation 0 Governmental Entity 0 Other (please specify) 45. Name of Person Signing 46. Title of Person Signing Susan H. Crandall Asst. Gen. Counsel, Intelsat Corporation WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (US. Code, Title 1 8, Section 100I), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)(l)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). 12

FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. If you have any comments on this burden estimate, or how we can improve the collection and reduce the burden it causes you, please write to the Federal Communications Commission, AMD-PERM, Paperwork Reduction Project (3060-0678), Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects of this collection via the Internet if you send them to jboley@fcc.gov. PLEASE DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember -You are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-0678. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104-13, OCTOBER 1,1995,44 U.S.C. SECTION 3507. 13


Document Created: 2008-07-22 17:08:15
Document Modified: 2008-07-22 17:08:15
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