Attachment Narrative & Exhibits SAT-MOD-20150105-00003

Attachment Narrative & Exhibits

This document pretains to SAT-MOD-20150105-00003 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2015010500003_1072260

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 16 (S2750)

APPLICATION OF INTELSAT LICENSE LLC
TO MODIFY AUTHORIZATION FOR INTELSAT 16

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 16 satellite (Call Sign S2750). Specifically, this

modification application seeks authority to redeploy Intelsat 16 to 79.0° W.L. and to operate the

satellite at 79.0° W.L.

In accordance with the requirements of the Commission’s rules,1 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.2

1
47 C.F.R. § 25.117(c).
2
47 C.F.R. § 25.114.

I. REQUEST TO RELOCATE INTELSAT 16 TO 79.0° W.L.

Intelsat requests authority to relocate Intelsat 16 to, and operate the satellite at, 79.0°

W.L. Intelsat 16 is currently operating at 79.0° W.L. pursuant to an STA.3 As the Commission

is aware, DIRECTV Enterprises, LLC (“DIRECTV”) currently holds the license to operate a

satellite in Ku-band at 78.8° W.L.4 DIRECTV fully supports this request to allow Intelsat 16 to

operate at 79.0° W.L. until DIRECTV brings the DIRECTVKU-79W satellite to its licensed

location.5

Intelsat 16’s specific TT&C frequencies are as follows:

Uplink:6
13997.5 MHz
14499.5 MHz

Downlink:
12198.25 MHz
12198.75 MHz

The specific communications frequencies are as follows:7

Uplink:
14000 – 14500 MHz

3
See Policy Branch Information; Actions Taken, Report No. SAT-01052, File No. SAT-STA-
20140827-00096 (Nov. 7, 2014) (Public Notice); Policy Branch Information; Actions Taken,
Report No. SAT-01044, File No. SAT-STA-20140827-00095 (Oct. 3, 2014) (Public Notice).
Intelsat 16 previously was permanently authorized to operate at 58.1° W.L. See Policy Branch
Information; Actions Taken, Report No. SAT-00610, File No. SAT-LOA-20080416-00085 (June
5, 2009) (Public Notice).
4
See Policy Branch Information; Actions Taken, Report No. SAT-01002, File No. SAT-MOD-
20130718-00096 (Mar. 14, 2014) (Public Notice).
5
Following traffic transfer to DIRECTV KU-79, Intelsat 16 likely will be redeployed.
6
Intelsat 16 will operate 13997.5 MHz on a non-interference, non-protected basis.
7
Although Intelsat 16 also includes the bands 12750 – 13250 MHz, 13750-14000 MHz, and
10700 – 11450 MHz, Intelsat is not seeking authority to operate in these bands in this request
except for the 13997.5 MHz frequency used for uplink TT&C, noted above.

2

Downlink:
11700 – 12200 MHz

II. PUBLIC INTEREST SHOWING

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

Intelsat to help satisfy customer demand at 79.0° W.L.

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

harmful interference. Intelsat will operate Intelsat’s communications payload and TT&C

frequencies at 79.0° W.L. in conformance with existing coordination agreements and the FCC’s

rules governing operations vis-à-vis adjacent locations.

III. REQUEST FOR GRANT WITHOUT MILESTONES OR A BOND

The Commission should grant this application without imposing milestones8 or a bond9

because Intelsat 16 already is in-orbit and operating at 79.0° W.L. As such, all milestones for

this satellite have been satisfied and Intelsat is not required to post a bond.10 Indeed, the

Commission has granted similar applications for in-orbit satellites without imposing milestones

or a bond.11

8
47 C.F.R. § 25.164(a).
9
47 C.F.R. § 25.165.
10
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.”).
11
See Policy Branch Information; Actions Taken, Report No. SAT-00541, File No. SAT-MOD-
20080225-00051 (July 25, 2008) (Public Notice); See Policy Branch Information; Actions
Taken, Report No. SAT-00561, File No. SAT-MOD-20080725-00150 (Oct. 24, 2008) (Public
Notice). 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 Intelsat 16 at 79.0° W.L. In this case, there is no risk of warehousing because the
Intelsat 16 satellite is already providing service from the 79.0° W.L. location pursuant to an
STA.

3

IV. REQUEST FOR TECHNICAL WAIVER

Intelsat requests a waiver of Section 25.114(c)(4)(vi)(A), which specifies that predicted

antenna gain contours be supplied in a certain format.12 Under Section 1.3 of the Commission’s

rules, the Commission has authority to waive its rules “for good cause shown.”13 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.14 In determining whether

waiver is appropriate, the Commission should “take into account consideration of hardship,

equity, or more effective implementation of overall policy.”15

Good cause exists for grant of this waiver request. As explained more fully on page 5 of

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

25.114(c)(4)(vi)(A) with respect to Intelsat 16’s TC&R Global Horn, WCA and Omni antennas.

The satellite manufacturer did not provide the beam patterns for these antennas in the required

form. Waiver of Section 25.114(c)(4)(vi)(A) is warranted in this case because Intelsat’s

descriptive characterization, coupled with the beam patterns provided by the manufacturer, fulfill

the information requirements of Section 25.114(c)(4)(vi)(A). The FCC previously found that the

12
47 C.F.R. § 25.114(c)(4)(vi)(A). Section 25.114(c)(4)(vi)(A) recently was moved from
Section 25.114(d)(3). See Comprehensive Review of Licensing and Operating Rules for Satellite
Services, Report and Order, 28 FCC Rcd 12403, 12434 (2013).
13
47 C.F.R. §1.3; WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969).
14
Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990).
15
WAIT Radio, 418 F.2d at 1159.

4

information provided for the Intelsat 16 satellite was sufficient to conduct the necessary

analysis.16

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

January 5, 2015

16
Intelsat North America LLC, Application for Authority to Launch and Operate a Satellite at
58.1° W.L., File No. SAT-LOA-20080416-00085 at ¶ 4 (stamp grant May 29, 2009).
5

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

1
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).
2
See PanAmSat Licensee Corp., Memorandum Opinion and Order, 15 FCC Rcd 18720 (IB
2000).

Document Created: 2015-01-05 16:43:47
Document Modified: 2015-01-05 16:43:47

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