Attachment grant

grant

DECISION submitted by IB,FCC

grant

2008-08-08

This document pretains to SAT-MOD-20080428-00091 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2008042800091_658252

S2397      SAT-MOD-2008042840091       lB2008000964
INTELSAT NORTH AMERICA LLC


                                                                                                               Approved by OMB
                                                                                                                      3060-0678




    FCC APPLICATION FOR SPACE AND EARTH STATI0N:MOD OR AMD - MAIN FORM                    FCC Use Only

                       FCC 3 12 MAIN FORM FOR OFFICIAL USE ONLY
.
Enter a description of this application to identify it on the main menu:
Application to Modify Authorization for Intelsat 704 (S2397)
1-8. Legal Name of Applicant

           Name:        Intelsat North America LLC        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



                                                                           r   ..<




1
                                                                                               1 Fmm                     To:


                                                 Attachment
                                     File No. SAT-MOD-20080428-00091
                                               Call Sign: S2397
                                                August 8,2008

Intelsat North America LLC.’s (“Intelsat”) application, File No. SAT-MOD-20080428-00091,
for modification of its Fixed Satellite Service (FSS) C-, Ku-, extended Ku-band space station
authorization for the Intelsat 704 satellite (Call Sign: S2397),’ IS GRANTED. Accordingly,
Intelsat IS AUTHORIZED to operate Intelsat 704 in the 3700-4200 MHz (space-to-Earth), 5925-
6425 MHz (Earth-to-space), 10.950-11.200 GHz (space-to-Earth), 11.450-11.700 GHz(space-to-
Earth), 11.700-11.950 GHz (space-to-Earth), 12.500-12.750 GHz (space-to-Earth), and 14.000-
14.500 GHz (Earth-to-space) frequency bands at the 66” E.L. orbital location in accordance with
the previously-authorized technical specifications for operational parameters other than station-
keeping range specified below, the Federal Communication Commission’s (“Commission’s)
rules, and the conditions of this attachment.
         Intelsat’s request for waiver of Section 25.2100) of the Commission’s rules, 47 C.F.R. 5
         25.2 1Ou), to allow it to operate the Intelsat 704 satellite with an east-west station-keeping
         range of kO.1 degrees about its assigned orbital location at 66” E.L., IS GRANTED as
         conditioned. Section 25.2 100) states that space stations “must be maintained within
         0.05” of their assigned orbital longitude in the east/west direction, unless specifically
         authorized by the Commission to operate with a different longitudinal tolerance.”
         Intelsat states that grant of its waiver request will allow it to conserve fuel during the
         remaining life of the satellite,2 continue to provide service to customers until the satellite
         is replaced, and will not adversely affect any other satellite operator because Intelsat, or
         its sister company, operate the immediately adjacent satellites and other spacecraft are
         sufficiently outside its station-keeping box. This waiver and the operations it permits
         shall terminate in the event that a satellite is launched into a location such that its station-
         keeping volume would overlap the Intelsat 704 satellite’s f 0.10 degree station-keeping
         volume, but would not overlap the Intelsat 704 satellite’s =t0.05”degree station-keeping
         volume, unless Intelsat has successfblly coordinated its physical operations with those of
         the other spacecraft. Further, this waiver is limited to this spacecraft, does not extend to
         any replacement satellites, and is limited to operations at 66” E.L. orbital location. Our
         action here is consistent with our pre~edent.~
    2. Intelsat shall remain a signatory to the Public Services Agreement between Intelsat and
       the International Telecommunications Satellite Organization (ITSO) that was approved

 The application was placed on Public Notice as accepted for filing on May 9,2008. Report No. SAT-00520,
Satellite Applications Accepted for Filing (May 9,2008). No comments were filed.

* Intelsat states that the satellite is expected to be de-orbited in February 2009.
 SES Americom, Inc. Application for Modification of Satcom SN-4 Fixed Satellite Space Station License, Order
and Authorization, 20 FCC Rcd 1 1542, 1 1545 (Sat. Div. 2005).
6
 In the Matter of Petition of the International Telecommunications Satellite Organization under Section 3 16 of the
Communications Act, as Amended, IB Docket No. 06-137, Order of Mod@cation, 23 FCC Rcd 2764,2770-71 (Int’l
Bur. 2008).


   by the ITSO Twenty-fifth Assembly of Parties, as amended. 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.

3. 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.
4. This action is taken pursuant to Section 0.261 of the Commission's rules on delegated
   authority, 47 C.F.R. 6 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. $5 1.106 and 1.115, may be filed within 30 days of the date of the public
   notice announcing this action.


I   9-16. Name of Contact Representative

                Name:           Intelsat North America LLC           Phone Number:                        202-944-7848
                Company:                                             Fax Number:                          202-944-7 870
                Street:         3400 International Drive, N.W.       E-Mail:                              susan.crandall@intelsat.com


I               City:           Washington                           State:                               DC
                Country:        USA                                  Zipcode:                             20008-3006
                Attention: Susan H. Crandall                         Relationship:                        Legal Counsel

I
    CLASSIFICATION OF FILING
     17. Choose the button next to the
     Aassification that applies to this filing for   (N/A) b 1. 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
     or 17a and only one for 17b.                     4 b3. Amendment to a Pending Application
                                                         b4. Modification of License or Registration
       4 a l . Earth Station
                                                     b5. Assignment of License or Registration
       ,@ a2.   Space Station                        b6. Transfer of Control of License or Registration
                                                     4 b7. Notification of Minor Modification
                                                      @/A) b8. Application for License of New Receive-Only Station Using Non-U.S. Licensed
                                                     Satellite
                                                      @/A) b9. Letter of Intent to Use Non-U.S. Licensed Satellite to Provide Service in the United
                                                     States
                                                      @/A) b 10. Other (Please specify)
                                                        (N/A) b 11. 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 b 13. Amendment to a Pending Database Entry Application
                                                     Q   b14. Modification of Database Entry


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      17c. Is a fee submitted with this application?
    Qp IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.I 114).
    0 Governmental Entity 0 Noncommercial educational licensee
    Q   Other(p1ease explain):



    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:
        S2397
                                                                                                    SATNO2000011900011




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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
        f. 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.                                                                      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:
I
0 Connected to a Public Switched Network Q 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).
    H  a. C-Band (4/6 GHz)   b. Ku-Band (12/14 GHz)
    0 c.Other (Please specify upper and lower frequencies in MHz.)
           Frequency Lower:      Frequency Upper: (Please specify additional frequencies in an attachment)




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TYPE OF STATION
25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one.
    Q   a. Fixed Earth Station
    0 b. Temporary-Fixed Earth Station
    Q   c . 12/14 GHz VSAT Network
    Q   d. Mobile Earth Station
    e e. Geostationary Space Station
    Q   f. Non-Geostationary Space Station
    Q   g. Other (please specifl)


26. TYPE OF EARTH STATION FACILITY
Q TransrnitlReceive      Q Transmit-Only        Q   Receive-Only       N/A
"For Space Station applications, select N/A."




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PURPOSE OF MODIFICATION

27. 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
            b - authorization to change emission designator and related service
            c -- authorization to increase EIRP and EIRP density
        0d    __   authorization to replace antenna
            e - authorization to add antenna
            f - authorization to relocate fixed station
            g __ authorization to change frequency(ies)
            h -- authorization to add fiequency
        0i -- authorization to add Points of Communication (satellites &amp; countries)
            j -- authorization to change Points of Communication (satellites &amp; countries)
             k - authorization for facilities for which environmental assessment and
    radiation hazard reporting is required
             1 -- authorization to change orbit location
        0m    --   authorization to perform fleet management
            n __ authorization to extend milestones
            o - Other (Please specifl)




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ENVIRONMENTAL POLICY

28. Would a Commission grant of any proposal in this application or amendment have a significant environmental         Q   Yes   e No
impact as defined by 47 CFR 1.1307? IfYES, submit the statement as required by Sections 1.1308 and 1.1311 of
the Commission’s rules, 47 C.F.R. 1.1308 and 1.1311, 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?                            Q   Yes   e   No




 30. Is the applicant an alien or the representative of an alien?                                                      0 Yes         No       N/A




3 1. Is the applicant a corporation organized under the laws of any foreign government?                                0 Yes         No   Q   N/A




32. Is the applicant a corporation of which more than one-fifth of the capital stock is owned of record or voted by    Q   Yes   e   No   Q   N/A
aliens or their representatives or by a foreign government or representative thereof or by any corporation organized
under the laws of a foreign country?




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33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than          e Yes       Q    No   Q   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 29,30, 3 1, 32 and/or 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    Q   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? If Yes, attach as an exhibit, an explination of circumstances.
                                                                                                                          Exhibits




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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? If Yes, attach as an exhibit, an
explination of circumstances.




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?If Yes, 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   Q   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.




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4 1. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is               Yes     Q   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 &quot;party to the application&quot; for these purposes.



42a. Does the applicant intend to use a non-U.S. licensed satellite to provide service in the United States? IfYes,         Q   Yes      Qlp 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.)
     Intelsat North America LLC hereby requests a modification of its license for Intelsat 704
     to allow it to operate the satellite within an East/West station-keeping tolerance of 0.1
     degree.

Legal Narrative




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43a. Geographic Service Rule Certification
By selecting A, the undersigned certifies that the applicant is not subject to the geographic service or geographic
                                                                                                                              eA
coverage requirements specified in 47 C.F.R. Part 25.

                                                                                                                              Q B
By selecting B, the undersigned certifies that the applicant is subject to the geographic service or geographc
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.



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.




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14. Applicant is a (an): (Choose the button next to applicable response.)

 0 Individual
 0 UnincorporatedAssociation
 0 Partnership
 0 Corporation
 0 Governmental Entity
         Other (please specifl)




     I
     45. Name of Person Signing
     Susan H. Crandall
        ->
                                                                            46. Title of Person Signing
                                                                            Asst. General Counsel, Intelsat Corporation



               WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT
                        (U.S. Code, Title 18, Section 100l), AND/OR REVOCATION OF ANY STATION AUTHORIZATION
                     (U.S. Code, Title 47, Section 3 12(a)(l)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).




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Document Created: 2008-08-08 11:55:48
Document Modified: 2008-08-08 11:55:48

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