Attachment SES-DA 10-1259 rel J

SES-DA 10-1259 rel J

DECISION submitted by IB,FCC

a

2010-07-02

This document pretains to SAT-MOD-20100525-00110 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2010052500110_827962

Federal Communications Commission Washington, D.C. 20554 DA 10—1259 July 2, 2010 Mr. Daniel C. H. Mah Vice President, Regulatory Affairs SES Americom, Inc. 2001 L Street, NW. Suite 800 Washington, DC 20036 Re: SES Americom, Inc., IBFS File No. SAT—MOD—20100525—00110 (Call Sign: $2156) Dear Mr. Mah: This letter returns, as unacceptable for filing, the application of SES Americom, Inc. (SES Americom) that seeks to modify the authorization of the in—orbit, Ku—band AMC—5 space station (Call Sign $2156). In its modification application, SES Americom seeks to change the authorized location of AMC—5 from the 78.95° W.L. orbital location to the 79.05° W.L. orbital location and to operate, if necessary, at the new location using the 11.7—12.2 GHz (space—to— Earth) and 14.0—14.5GHz (Earth—to—space) frequency bands. We find that SES Americom did not disclose, as part of its application, the orbital debris mitigation plans for the AMC—5 space station, as required by Section 25.114 of the Commussion‘s rules.‘ Section 25.112(a) of the Commussion‘s rules provides that the Commussion will return an application as unacceptable for filing if the application is defective with respect to completeness of answers or informational showings, is internally inconsistent, or does not substantially comply with the Commission‘s rules unless a waiver of the rules is requested." The Commission‘s orbital debris mitigation disclosure rules became effective on October 19, 2005." An orbital debris mitigation plan must include a narrative statement that addresses four elements of orbital debris mitigation: (1) spacecraft hardware design; (2) minimizing accidental 147 C.F.R. § 25.114(d)(14). 47 CFR. § 25.112(a). In the First Space Station Reform Order, the Commission affirmed the policies embodied in this rule by continuing to require applications to be substantially complete when filed. See Amendment of the Commission‘s Space Station Licensing Rules and Policies, First Report and Order and Further Notice ofProposed Rulemaking, 1B Docket No. 02—34, 18 FCC Red 10760, 10852 (2003). *‘ See 70 Fed. Reg. 59,276 (October 12, 2005).

Federal Communications Commission DA 10—1259 elements of orbital debris mitigation: (1) spacecraft hardware design; (2) minimizing accidental explosions; (3) safe flight profiles; and (4) post—mission disposal. The statement must identify particular methods by which a satellite system will mitigate orbital debris, rather than presenting a generalized commitment to address orbital debris mitigation at a future date or a catalogue of potential options. If an applicant‘s orbital debris mitigation plans change after authorization, the changes must be submitted to the Commussion by means of a request to modify the authorization.* Applications filed after October 19, 2005, that required submission of Section 25.114 information must include an orbital mitigation disclosure as part of the application." In its modification request, SES Americom does not provide an orbital debris mitigation disclosure, but states that it "incorporates by reference the technical information previously provided in support of AMC—5."° Prior applications for authorization of AMC—5, did not disclose orbital debris mitigation plans as part of the applications.‘ As a result, the Commission lacks sufficient information on which to make a public interest determination regarding the orbital debris mitigation plans for the AMC—5 space station.© Accordingly, pursuant to Section 25.112(a)(1) of the Commussion‘s rules, 47 C.F.R. § 25.112(a)(1) and Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, we return SES Americom‘s application as unacceptable for filing without prejudice to refiling." Sincerely, //L‘/’#W"mc ze Robert G. Nelson Chief, Satellite Division International Bureau co: Karis A. Hastings, Esq. Hogan Lovells US LLP 555 Thirteenth Street, N.W. Washington, DC 20004 * Federal Communications Commission International Bureau Satellite Division Information, Public Notice, Report No. SPB—112, DA 05—2698 (Oct. 13, 2005). ° Id. ° See Application ofSES Americom For Modification ofAMC—5 Fixed—Satellite Space Station License (May 25, 2010)(SAT—MOD—20100525—00110). ‘ See, eg., SAT—MOD—19980113—00002 and SAT—MOD—20050609—00117. ® We note that all prior modification applications for the AMC—5 space station were granted prior to the October 19, 2005, effective date of the orbital debris mitigation disclosure requirement. ° If SES Americom refiles an application identical to the one dismissed, with the exception of supplying the corrected information, it need not pay an application fee. See 47 C.F.R. § 1.1111(d).


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Document Modified: 2019-04-15 12:01:43
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