Attachment Narrative & Exhibits SAT-MOD-20121109-00196

Attachment Narrative & Exhibits

This document pretains to SAT-MOD-20121109-00196 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2012110900196_974593

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 5 (S2704)

APPLICATION OF INTELSAT LICENSE LLC
TO MODIFY AUTHORIZATION FOR INTELSAT 5

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 5 satellite (Call Sign S2704). Specifically, this

modification application seeks authority to drift Intelsat 5 from 169.0º E.L. to 65.45° E.L. and to

operate the satellite at 65.45° E.L. in inclined orbit pursuant to new U.S. ITU filings.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

1
Intelsat is currently drifting to 65.45° E.L. pursuant to a grant of special temporary
authority (“STA”). See Policy Branch Information; Actions Taken, Report No. SAT-00907, File
No. SAT-STA-20120911-00147 (Oct. 26, 2012) (Public Notice). Intelsat also has a pending
request for STA for 180 days to drift Intelsat 5 from 169.0° E.L. to 65.45° E.L. and to operate the
satellite at 65.45° E.L. See Policy Branch Information; Satellite Space Applications Accepted
for Filing, Report No. SAT-00906, File No. SAT-STA-20121017-00182 (Oct. 26, 2012) (Public
Notice). Intelsat recently informed the Commission of the commencement of inclined orbit
operations. See Letter from Susan H. Crandall to Marlene H. Dortch, Notice of Commencement
of Inclined Orbit Operations for Intelsat 5, Call Sign S2704 (filed Oct. 24, 2012).
2
47 C.F.R. § 25.117(c).

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

Commission’s rules.3

I. REQUEST TO RELOCATE INTELSAT 5 TO 65.45° E.L.

Intelsat requests authority to relocate Intelsat 5 to, and operate the satellite at, 65.45°

E.L.4 Intelsat 5 is currently authorized to operate at 169.0° E.L.5 The Intelsat 8 satellite (call

sign S2460) has relocated to the nominal 169.0° E.L. orbital location,6 and all traffic has been

transferred from Intelsat 5 to Intelsat 8. Consequently, Intelsat 5 is no longer needed at this

location. Pursuant to grant of STA, Intelsat commenced drifting Intelsat 5 on October 31, 20127

and plans to have the satellite on station at 65.45° E.L. in late May 2013.

During the drift of Intelsat 5, Intelsat will utilize only the satellite’s TT&C frequencies.

The specific TT&C frequencies are as follows:

Uplink:
14498 MHz (H)
13999 MHz (RHCP)

Downlink:
11451 MHz (H, V and RHCP)
3
47 C.F.R. § 25.114.
4
Intelsat has a pending modification application to extend the license term for the Intelsat
5 satellite through December 31, 2020. See Application of Intelsat License LLC to Modify
Authorization for Intelsat 5, File No. SAT-MOD-20121002−00176 (filed Oct. 2, 2012).
5
See Policy Branch Information; Actions Taken, Report No. SAT-00561, File No. SAT-
MOD-20080725-00150 (Oct. 24, 2008) (Public Notice).
6
See Policy Branch Information; Actions Taken, Report No. SAT-00896, File No. SAT-
STA-20120815-00132 (Sept. 7, 2012) (Public Notice) (authorizing drift of the Intelsat 8 to
169.0º). Intelsat also has a pending application to operate the Intelsat 8 satellite at 169.0º E.L. on
a permanent basis. See Policy Branch Information; Satellite Space Applications Accepted for
Filing, Report No. SAT-00895, File No. SAT-AMD-20120815-00131 (Sept. 7, 2012) (Public
Notice).
7
See Letter from Susan H. Crandall to Marlene H. Dortch, Notice of Commencement of
Drift of Intelsat 5, File No. File No. SAT-STA-20120911-00147 (filed Nov. 5, 2012).

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11452 MHz (H, V and RHCP)
11454 MHz (RHCP and LHCP)

Once located at 65.45° E.L., Intelsat will operate the satellite’s communications

frequencies as set forth below:

Frequency Band INTELSAT 5
5925 – 6425 MHz √
12750 – 13250 MHz √
14000 – 14250 MHz √

3700 – 4200 MHz √
10700 – 10950 MHz √
11200 – 11450 MHz √
11450 – 11700 MHz √

II. PUBLIC INTEREST SHOWING

Grant of this modification application is in the public interest because it will allow

Intelsat to meet customer demand at 65.45° E.L. Moreover, grant of this modification

application will not result in an 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. Once

Intelsat 5 is on-station at 65.45° E.L., Intelsat will operate the communications payload and

TT&C frequencies in conformance with its ITU coordination agreements and the FCC’s rules

governing operations vis-à-vis adjacent locations. Intelsat previously was granted de-orbit

authority, which will be adhered to at the 65.45° E.L. location.8

8
See Policy Branch Information; Actions Taken, Report No. SAT-00561, File No. SAT-
MOD-20080725-00150 (Oct. 24, 2008) (Public Notice). Intelsat notes that the Satellite Industry
Association’s pending request for blanket waiver of Section 25.283(c) incorrectly included the
Intelsat 5 satellite. Pleading Cycle Established for Comment on Satellite Industry Association’s

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III. REQUEST FOR WAIVER

Intelsat requests waiver of Section 25.114(d)(3), which specifies that predicted antenna

gain contours for each transmit and each receive antenna beam and nominal orbital location

requested be supplied in a certain format. Under Section 1.3 of the Commission’s rules, the

Commission has authority to waive its rules “for good cause shown.”9 Good cause exists if

“special circumstances warrant a deviation from the general rule and such deviation will serve

the public interest” better than adherence to the general rule.10 In determining whether waiver is

appropriate, the Commission should “take into account considerations of hardship, equity, or

more effective implementation of overall policy.”11

Good cause exists for grant of this waiver request. As explained more fully on page 3 of

the attached Engineering Statement, to the extent necessary, Intelsat requests a waiver of Section

25.114(d)(3) with respect to Intelsat 5’s Telemetry, Command and Ranging’s (“TC&R’s”)

bicone antenna and the uplink power control (“ULPC”) antenna, shown in Exhibits 2L, 2O, 2P

and 2Q. The satellite manufacturer does not provide the beam patterns for these antennas in the

required form. Intelsat provides a descriptive characterization of these beams on pages 2 and 3

of the Engineering Statement. Waiver of Section 25.114(d)(3) is warranted in this case because

Intelsat’s descriptive characterization, coupled with the beam patterns provided by the

manufacturer, fulfill the informational requirements of Section 25.114(d)(3). In addition,

Blanket Waiver Request Concerning Relieving Satellite Pressure Vessels, IB Docket No. 02-54,
DA 10-2291 (Dec. 14, 2010) (Public Notice).
9
47 C.F.R. § 1.3; WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969).
10
Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990).
11
WAIT Radio, 418 F.2d at 1159.

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granting the requested waiver would be consistent with precedent. The FCC has previously

waived Section 25.114(d)(3) in similar circumstances.12

IV. ITU COST RECOVERY

Intelsat is aware that processing fees are currently charged by the ITU for satellite filings,

and that Commission applicants are responsible for any and all fees charged by the ITU.13

Intelsat is aware of and unconditionally accepts this requirement and responsibility to pay any

ITU cost recovery fees associated with the ITU filings that the Commission makes on behalf of

Intelsat for the satellite proposed in this Application, as well as any ITU filings associated with

any satellite system for which Intelsat may request authorization at a later date.

V. 11450-11700 MHZ AND 12500-12750 MHZ FREQUENCY BANDS

Intelsat understands that operations in the 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 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.

Intelsat will not provide service in Region 2 from the 65.45° E.L. location and for operations in

the 12500-12750 MHz frequency band accepts the following condition:

12
See Application of PanAmSat Licensee Corp. to Modify Authorization for Galaxy 11, File
No. SAT-MOD-20101102-00229 (filed Nov. 2, 2010; stamp grant Mar. 8, 2011; corrected Apr.
7, 2011); Intelsat North America LLC Application for Authority to Launch and Operate Intelsat
15, a Ku-band Replacement Satellite at 85.15º E.L., File No. SAT-LOA-20090410-00043 and
SAT-AMD-20090528-00059 (stamp grant with conditions Nov. 25, 2009).
13
See Implementation of ITU Cost Recovery Charges for Satellite Network Filings, Public
Notice, DA 01-2435 (Oct. 19, 2001).

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 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

November 9, 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.1 In December 2009 and October 2011, the
Commission also approved pro forma changes in Intelsat’s foreign ownership.2 There have been
no other material changes to Intelsat’s foreign ownership since the date of the Intelsat-Serafina
Order.

1
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).
2
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”),3 based on the Bureau’s finding
that PanAmSat had not satisfied applicable construction milestones.4 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.

3
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).
4
See PanAmSat Licensee Corp., Memorandum Opinion and Order, 15 FCC Rcd 18720 (IB
2000).

Document Created: 2012-11-09 16:04:07
Document Modified: 2012-11-09 16:04:07

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