Attachment Narrative & Exhibits SAT-MOD-20121001-00163

Attachment Narrative & Exhibits

This document pretains to SAT-MOD-20121001-00163 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2012100100163_968297

Before the
Federal Communications Commission
Washington, DC 20554

In the Matter of

Intelsat License LLC File No. SAT-MOD- _____________

Application to Modify Authorization for
Intelsat 702 (S2388)

APPLICATION OF INTELSAT LICENSE LLC
TO MODIFY AUTHORIZATION FOR INTELSAT 702

Intelsat License LLC (“Intelsat”), pursuant to Section 25.117 of the rules of the Federal

Communications Commission (“Commission” or “FCC”), 47 C.F.R. § 25.117, hereby seeks to

modify the authorization for the Intelsat 702 (S2388) satellite. Specifically, this modification

seeks permanent authority to relocate Intelsat 702 to, and to operate the satellite in inclined orbit

at, 33.0° E.L. in order to provide C- and Ku-band capacity in Europe, Africa, and Asia.1

In accordance with the requirements of the Commission’s rules,2 this application has

been filed electronically as an attachment to FCC Form 312. Intelsat provides the technical

information relating to the proposed modification on Schedule S and in narrative form, as

contained in the attached Engineering Statement, pursuant to Section 25.114 of the

Commission’s rules.3

1
Intelsat 702 began inclined orbit operations in 2011. See Letter from Susan H. Crandall,
Intelsat, to Marlene H. Dortch, FCC, Call Sign S2388 (June 29, 2011).
2
47 C.F.R. § 25.117(c).
3
47 C.F.R. § 25.114.

I. PROPOSED MODIFICATION

By this modification, Intelsat requests authority to relocate Intelsat 702 to, and operate

the satellite at, 33.0° E.L. Intelsat 702 currently operates at 47.5° E.L., pursuant to the ITU

filings of the German Administration.4 Intelsat 702 is being replaced at that location by Intelsat

709, which currently is drifting to 47.5º E.L.5 Upon completion of traffic transfer and receipt of

Commission approval, Intelsat intends to commence relocating Intelsat 702 to 33.0º E.L. in mid-

October 2012 and begin operating the satellite at that location in mid-December. At 33.0º E.L.,

Intelsat 702 will be collocated with Intelsat New Dawn, which currently operates at 32.8º E.L.6

During the drift of Intelsat 702 from 47.5° E.L. to 33.0º E.L., Intelsat will utilize only the

following TT&C frequencies:

Uplink:

6173.7 MHz and 6176.3 MHz (LHCP)

Downlink:

3947.5 MHz and 3948.0 MHz (RHCP)
3952.5 MHz and 3952.0 MHz (RHCP)

Once on-station at 33.0° E.L., Intelsat will also operate the communications payload

frequencies on Intelsat 702. Set forth below is a chart of the frequencies on Intelsat 702, as well

as the frequencies currently being operated on Intelsat New Dawn at 32.8° E.L.:
4
See Policy Branch Information; Actions Taken, Report No. SAT-00866, File Nos. SAT-
STA-20120329-00063 and SAT-STA-20120416-00068 (May 11, 2012) (Public Notice); Policy
Branch Information; Actions Taken, Report No. SAT-00810, File No. SAT-STA-20110715-
00129 (Sept. 23, 2011) (Public Notice).
5
See Policy Branch Information; Actions Taken, Report No. SAT-00875, File No. SAT-
STA-20120426-00076 (June 15, 2012) (Public Notice); Policy Branch Information; Actions
Taken, Public Notice, Report No. SAT-00869, File No. SAT-STA-20120409-00066 (May 18,
2012 (Public Notice).
6
See Policy Branch Information; Actions Taken, Report No. SAT-00769, File No. SAT-
MOD-20101029-00228 (Apr. 1, 2011) (Public Notice).

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Frequencies (in MHz) Intelsat 7027 Intelsat New Dawn
5850 – 5925 √
5925 – 6425 √ √
6425 – 6500 √
3625 – 3700 √
3700 – 4200 √ √

14000 – 14500 √ √
10950 – 11200 √ √
11450 – 11700 √ √
12500 – 12750 √

Intelsat 702 operates on all of the same frequencies as the Intelsat New Dawn satellite

except for the 5850 – 5925 MHz, 6425 – 6500 MHz, and 3625 – 3700 MHz bands. In addition,

Intelsat 702 operates in the 12500 – 12750 MHz band, which is not used at the nominal 33.0°

E.L. location by Intelsat New Dawn.

II. PUBLIC INTEREST SHOWING

Grant of this modification application will serve the public interest by enabling Intelsat to

further maximize the efficient use of its satellite fleet while bringing additional capacity to

Europe, Africa, and Asia. As noted above, at 33.0º E.L., Intelsat 702 will be collocated with

Intelsat New Dawn, which currently operates at 32.8º E.L.8

Moreover, grant of this modification application will not result in increased risk of

harmful interference. As noted above, Intelsat will operate only the above listed TT&C

frequencies during the drift, and will coordinate its TT&C transmissions with operators of

satellites in the drift path. Should any interference occur during the drift, Intelsat will take all

reasonable steps to eliminate such interference. Intelsat will operate Intelsat 702 at 33.0° E.L. in

7
Although Intelsat 702 also has the capability to transmit in the frequency band 11.7-11.95
GHz, Intelsat does not intend to utilize this frequency band from the 33.0° E.L. orbital location.
8
See Policy Branch Information; Actions Taken, Report No. SAT-00769, File No. SAT-
MOD-20101029-00228 (Apr. 1, 2011) (Public Notice).

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accordance with Intelsat’s existing coordination agreements regarding the location and the

FCC’s rules governing operations at the location vis-à-vis adjacent locations.

III. WAIVERS

As described in the attached Engineering Statement, Intelsat also requests that the Part 25

waivers originally granted to the Intelsat 702 spacecraft continue to apply at the 33.0º E.L.

location, namely, the waivers of Sections 25.202(g), 25.210(a)(1), 25.210(a)(3), 25.210(i) and

25.211(a) of the Commission’s rules.9

IV. REQUEST FOR GRANT WITHOUT MILESTONES OR A BOND

The International Bureau should grant this application without imposing milestones10 or a

bond.11 Because Intelsat 702 already is in-orbit and operating, all milestones for this satellite

have been satisfied and Intelsat is not required to post a bond.12 Indeed, the Commission has

granted similar applications for in-orbit satellites without imposing milestones or a bond.13

9
See Applications of Intelsat LLC for Authority to Operate and Further Construct,
Launch, and Operate C-Band and Ku-Band Satellites that Form a Global Commc’ns Sys. in
Geostationary Orbit, Memorandum Opinion and Order and Authorization, 15 FCC Rcd 15,460,
15,529 (Appendix C) (2000) (“2000 Licensing Order”), recon. denied, Order on
Reconsideration, 15 FCC Rcd 25,234 (2000).
10
47 C.F.R. § 25.164(a).
11
47 C.F.R. § 25.165.
12
See Loral Skynet Network Services, Inc., 21 FCC Rcd 14,365 (Int’l Bur. 2006) (“Because
Telstar 18 is in-orbit and operating, Loral is not required to post a bond.”).
13
See Application of PanAmSat Licensee Corp. to Modify Authorization for Galaxy 11, File
No. SAT-MOD-20080225-00051 (stamp grant July 22, 2008); PanAmSat Licensee Corp.,
Application to Modify Authorization to Relocate Intelsat 5 to 169.0° E.L., File No. SAT-MOD-
20080725-00150 (stamp grant Oct. 17, 2008). To the extent necessary, Intelsat requests waiver
of Sections 25.164(a) and 25.165 of the rules, 47 C.F.R. §§ 25.164(a) and 25.165, for any
possible milestone or bond associated with the operation of the Intelsat 702 satellite in the 12250
– 12750 MHz frequency band at 33.0° E.L. In this case, there is no risk of warehousing because
the Intelsat 702 satellite is already in-orbit and will be able to provide service from the 33.0° E.L.
location in a much more timely manner than the five years that would be allowed to an applicant
intending to construct, launch, and operate a new satellite at this location.

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V. INTELSAT ACCEPTS SECTION 316 PETITION CONDITIONS

Intelsat understands and accepts that its license to operate Intelsat 702 at 33.0º E.L., with

the exception of the 12.5-12.75 GHz band frequencies, will be conditioned as follows:

(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.14

V. 10950-11200 MHZ, 11450-11700 MHZ AND 12500-12750 MHZ
FREQUENCY BANDS

Intelsat understands that operations in the 10950-11200 MHz, 11450-11700 MHz and

12500-12750 MHz frequency bands are subject to certain limitations and obligations, which

Intelsat accepts and will fulfill. Specifically, for operations in the 10950-11200 MHz band,

Intelsat accepts the following conditions:

 Operations in the 10.95-11.2 GHz frequency band shall comply with the terms of
footnote US211 to the United States Table of Frequency Allocations, 47 C.F.R. § 2.106,
US211, which urges applicants for airborne or space station assignments to take all
practicable steps to protect radio astronomy observations in the adjacent bands from
harmful interference.

 Operations in the 10.95-11.2 GHz frequency band is limited to international operations in
accordance with footnote NG 104 to the United States Table of Frequency Allocations,
47 C.F.R. § 2.106, NG 104, and footnote 2 of Section 25.202(a)(1) of the Commission's
rules, 47 C.F.R. § 25.202(a)(1).

14
See Petition of the Int’l. Telecomms. Satellite Org. under Section 316 of the Commc’ns
Act, as amended, IB 06-137, File No. SAT-MSC-20060710-00076, Order of Modification, 23
FCC Rcd 2764, 2769-71 (¶¶11-13) (Int’l Bur. 2008).

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For operations in the 11450-11700 MHz frequency band, Intelsat accepts the following

condition:

 Intelsat’s use of the 11450-11700 MHz band (space-to-Earth) is subject to footnote
US211 to the United States Table of Frequency Allocations, 47 C.F.R. § 2.106, US211,
which urges applicants for airborne or space station assignments to take all practicable
steps to protect radio astronomy observations in the adjacent bands from harmful
interference, consistent with footnote US74.
For operations in the 12500-12750 MHz frequency band, Intelsat accepts the following

condition:

 Use of the 12.5-12.75 GHz frequency band is not permitted for fixed-satellite service in
the space-to-Earth direction in Region 2.
VI. CONCLUSION

For the reasons set forth above, Intelsat respectfully requests that the Commission grant

this modification application.

Respectfully submitted,

Intelsat License LLC

By: /s/ Susan H. Crandall

Susan H. Crandall
Assistant General Counsel
Intelsat Corporation

Jennifer D. Hindin
Colleen King
WILEY REIN LLP
1776 K Street, N.W.
Washington, D.C. 20006
(202) 719-7000

October 1, 2012

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Exhibit A
FCC Form 312, Response to Question 34: Foreign Ownership

The Commission previously approved foreign ownership in Intelsat License LLC
(“Intelsat”), in the Intelsat-Serafina Order.15 In December 2009 and October 2011, the
Commission also approved pro forma changes in Intelsat’s foreign ownership.16 There have
been no other material changes to Intelsat’s foreign ownership since the date of the Intelsat-
Serafina Order.

15
Intelsat Holdings, Ltd. and Serafina Holdings Limited, Consolidated Application for
Consent to Transfer of Control of Holders of Title II and Title III Authorizations, Memorandum
Opinion and Order, 22 FCC Rcd 22,151 (2007).
16
See Intelsat North America LLC, Intelsat LLC, PanAmSat Licensee Corp., PanAmSat H-2
Licensee Corp., and Intelsat New Dawn Company, Ltd., Applications for Pro Forma Transfer of
Control, File Nos. SAT-T/C-20091125-00128, SAT-T/C-20091125-00124, SAT-T/C-20091125-
00127, SAT-T/C-20091125-00125, SAT-T/C-20091125-00126, SES-T/C-20091125-01505,
SES-T/C-20091125-01502, SES-T/C-20091125-01506, SES-T/C-20091125-01504 and SES-
T/C-20091125-01503 (granted Dec. 3, 2009); Intelsat Application for Pro Forma Transfer of
Control, File Nos. SAT-T/C-20110810-00160, SAT-T/C-20110811-00161, SES-T/C-20110811-
00948, SES-T/C-20110812-00963 (granted Oct. 13, 2011), and 0004825139 (granted Oct. 19,
2011).

Exhibit B
FCC Form 312, Response to Question 36: Cancelled Authorizations

Intelsat License LLC (“Intelsat”) has never had an FCC license “revoked.” However, on June
26, 2000, the International Bureau “cancelled” two Ka-band satellite authorizations issued to a
former Intelsat entity, PanAmSat Licensee Corp. (“PanAmSat”),17 based on the Bureau’s finding
that PanAmSat had not satisfied applicable construction milestones.18 In that same order, the
Bureau denied related applications to modify the cancelled authorizations. PanAmSat filed an
application for review of the Bureau’s decision, which the Commission denied, and subsequently
filed an appeal with the United States Court of Appeals for the District of Columbia Circuit,
which was dismissed in January 2003 at PanAmSat’s request. Notwithstanding the fact that the
Bureau’s action does not seem to be the kind of revocation action contemplated by question 36,
Intelsat is herein making note of the decision in the interest of absolute candor and out of an
abundance of caution. In any event, the Bureau’s action with respect to PanAmSat does not
reflect on Intelsat’s basic qualifications, which are well-established and a matter of public record.

17
All licenses previously held by PanAmSat Licensee Corp. have been assigned to Intelsat
License LLC. See IBFS File Nos. SAT-ASG-20101203-00252 (granted Dec. 23, 2010), SES-
ASG-20101203-0150 (granted Dec. 20, 2010), and SES-ASG-20101206-01502 (granted Dec.
20, 2010).
18
See PanAmSat Licensee Corp., Memorandum Opinion and Order, 15 FCC Rcd 18720 (IB
2000).

Document Created: 2012-10-01 17:56:09
Document Modified: 2012-10-01 17:56:09

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