Attachment Narrative SAT-MOD-20170113-00005

Attachment Narrative

This document pretains to SAT-MOD-20170113-00005 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2017011300005_1165030

Before the
Federal Communications Commission
Washington, DC 20554

In the Matter of

Horizons-3 License LLC File No. SAT-MOD-_____________

Application to Modify Condition of
Authorization for Horizons 3e (S2947)

APPLICATION TO MODIFY CONDITION
OF AUTHORIZATION FOR HORIZONS 3e

Horizons-3 License LLC (“Intelsat”), 1 pursuant to Section 25.117 of the Federal

Communications Commission’s (“Commission” or “FCC”) rules, 2 hereby seeks to modify a

condition of authorization for the Horizons 3e satellite (Call Sign S2947). 3 Specifically, Intelsat

requests elimination of the continuity of service obligation imposed on the Horizons 3e satellite

(call sign S2751) with respect to the 12.25-12.5 GHz and 14.25-14.5 GHz frequency bands at the

169° E.L. orbital location. All other aspects of the existing authorization for Horizons-3e,

including granted waivers, remain unchanged. Intelsat also requests that the FCC file a letter

noting the suspension of the associated satellite network filings at the International

Telecommunication Union (“ITU”). This request is necessitated by the emergency deorbit of the

Intelsat 8 satellite on December 26, 2016.

1
Horizons-3 License LLC is an indirect wholly owned subsidiary of Intelsat S.A.
2
47 C.F.R. § 25.117.
3
Horizons-3 License LLC, Application for Authority to Launch and Operate Horizons 3e,
a Replacement Satellite with New Frequencies, at 169.0° E.L., File No. SAT-LOA-20151202-
00080 (filed Dec. 2, 2015) (“Horizons-3 Application”).

As explained below, grant of this request is in the public interest and does not raise any

spectrum warehousing concerns. Notably, the Horizons 3e satellite is already subject to

milestone and bond requirements and is scheduled to be launched in Q3 2018 and operational in

Q1 2019. Moreover, Intelsat’s customers will not be adversely affected because the Intelsat 805

satellite will continue to provide service at the 169° E.L. orbital location and Intelsat will launch

Horizons 3e within a reasonable period of time following the premature loss of Intelsat 8.

In accordance with the requirements of the Commission’s rules, 4 this application has

been filed electronically as an attachment to FCC Form 312. To the extent necessary, Intelsat

incorporates by reference the technical information previously provided regarding the operations

of Horizons 3e, which will remain unchanged. 5

I. BACKGROUND

On December 2, 2015, Intelsat applied for authority to launch and operate Horizons 3e, a

replacement satellite with new frequencies, at the 169.0° E.L. orbital location. As explained in

the application, Horizons 3e was intended to replace the Intelsat 8 (call sign S2460) and Intelsat

805 (call sign S2404) satellites, 6 thus ensuring service continuity and adding new capacity at this

orbital location. 7

On July 6, 2016, the Commission granted Intelsat’s Horizons 3e application with the

following Condition #17:

Horizons 3e must begin providing service at the 169.0° E.L. orbital
location in the 3700-4200 MHz (space-to-Earth), 5925-6425 MHz (Earth-

4
47 C.F.R. § 25.117(c).
5
Horizons 3e Application.
6
Id. at 1.
7
Id. at 2.

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to-space), 10.85-11.7 GHz, 12.25-12.75 (space-to-Earth), and 13.75-14.5
GHz (Earth-to-space) frequency bands before the satellites it is replacing,
Intelsat 805 (Call sign S2404) and Intelsat 8 (Call sign 2460), discontinue
service at the 169.0° E.L. orbital location. Failure to meet this milestone
will render this authorization to operate in these frequency bands NULL
and VOID. 8

On December 25, 2016, Intelsat 8 lost all power from the north solar array, which resulted in the

inability to keep the payload operational and recharge the satellite batteries. As a result of this

anomaly, Intelsat deorbited Intelsat 8 through an emergency procedure on December 26, 2016.

Intelsat informed the Commission of the successful deorbit on December 28, 2016. 9

Intelsat 805, which has considerable overlap in frequencies with Intelsat 8, remains

operational at 169.0° E.L. However, as a result of the emergency deorbit of Intelsat 8, two

frequency band segments—12.25-12.5 GHz and 14.25-14.5 GHz—will not be used at this

location until Horizons 3e is brought into operation. 10

II. PUBLIC INTEREST SHOWING

As a result of the premature failure and emergency deorbit of Intelsat 8, Intelsat can no

longer bring Horizons 3e into operation at 169.0° E.L. prior to Intelsat 8 discontinuing service in

the 12.25-12.5 GHz and 14.25-14.5 GHz frequencies as required by Condition #17 of the

Horizons 3e authorization. Accordingly, Intelsat files this modification application to request

elimination of the condition with respect to these frequencies. Doing so will enable Intelsat to

8
Application for Authority to Launch and Operate Horizons 3e, a Replacement Satellite
with New Frequencies, at 169.0 E.L., File No. SAT-LOA-20151202-00080 (stamp grant July 7,
2016) (“Horizons 3e Stamp Grant”).
9
Letter from Cynthia J. Grady, Regulatory Counsel, Intelsat Corporation, to Marlene H.
Dortch, Secretary, FCC, re Intelsat 8, Call Sign S2460, File No. SAT-MOD-20151021-00073
(filed Dec. 28, 2016).
10
See Horizons 3e Legal Narrative at 8 (describing the frequencies on which Intelsat 8,
Intelsat 805, and Horizons 3e operate).

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licensee has promptly filed an application to construct, launch, and operate a new satellite that

will serve as a replacement.” 14 Here, because Intelsat has already received authorization to

launch and operate Horizons 3e, the satellite will undoubtedly be brought into operation within a

“reasonable time” after the deorbit of Intelsat 8. Thus, allowing Intelsat to bring Horizons 3e

into operation on the authorized timeline and frequencies in its existing license grant would be

consistent with the Commission’s emergency replacement policy and the objectives underlying

this policy. 15

14
Intelsat Licensee LLC, Memorandum Opinion and Order, 27 FCC Rcd 11234, 11237 ¶ 9
(2012). See also id. ¶¶ 12-13 & ¶ 9 n.22 (citing Loral Spacecom Corp., Order and Authorization,
13 FCC Rcd 16438 (Sat. Div. 1998) (granted application filed in April 1997 requesting authority
to launch and operate a ground spare as an emergency replacement for the Satcom IV satellite
that suffered an in-orbit failure in January 1997); Volunteers in Technical Assistance, Order, 12
FCC Rcd 3094 (Int’l Bur. 1997) (granted application filed in January 1996 to launch and operate
an emergency replacement satellite for the VITASAT-1 satellite that was destroyed by launch
failure in August 1995; replacement satellite to be launched by March 1997); American
Telephone and Telegraph Company, Order and Authorization, DA 95-1972, 10 FCC Rcd 12132
(Int’l Bur. 1995) (authorizing the launch and operation of Telstar 402R by December 1995,
which was to serve as an emergency replacement satellite for the Telstar 402 satellite lost shortly
after its launch in September 1994); and Hughes Communications Galaxy, Inc., Memorandum
Opinion, Order and Authorization, 8 FCC Rcd 5089 (1993) (granting Hughes’s October 1992
application to construct, launch, and operate an emergency replacement satellite by December
1994 to replace a satellite that failed in August 1992)).
15
The Commission has found that 47 C.F.R. § 25.161(c), which provides that a space
station authorization is terminated upon the “removal or modification of the facilities which
renders the station not operational for more than 90 days, unless specific authority is requested,”
does not apply to an orbital location left vacant by the deorbit of an authorized satellite. See,
e.g., Petition of Panamsat Licensee Corp. for Specific Authority under Section 25.161(c) for C
and Ku-band Frequencies at the Nominal 72° E.L. Orbital Location, Memorandum Opinion and
Order, 27 FCC Rcd 2479, 2483 ¶ 11 (2012). Because Intelsat 8 was deorbited, Intelsat assumes
that Section 25.161(c) does not apply in the present case. To the extent the Commission
determines that Section 25.161(c) is applicable, Intelsat has filed this letter within 90 days of the
deorbit of Intelsat 8, and hereby seeks the requisite authority to maintain its authorization for
12.25-12.5 GHz and 14.25-14.5 GHz at the nominal 169° E.L. orbital location.

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III. INTERNATIONAL TELECOMMUNICATION UNION

Intelsat also requests that the FCC submit to the ITU a notice of suspension of the

satellite network filings for the 12.25-12.5 GHz and 14.25-14.5 GHz frequencies at the 169.0°

E.L. orbital location under provision No.11.49 of the Radio Regulations. Suspension is

appropriate here to preserve the filings for Intelsat’s future resumption of operations. As noted

above, Intelsat will bring the filings back in to use within the three year timeframe permitted by

the ITU.

IV. CONCLUSION

For the foregoing reasons, Intelsat respectfully requests that the Commission grant this

application to modify Condition #17 of the Horizons 3e license to remove the 12.25-12.5 GHz

and 14.25-14.5 GHz bands.

Respectfully submitted,

Intelsat License LLC

By: /s/ Susan H. Crandall

Susan H. Crandall
Associate General Counsel
Intelsat Corporation

Jennifer D. Hindin
Sara Baxenberg
WILEY REIN LLP
1776 K Street, N.W.
Washington, D.C. 20006

January 13, 2017

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

Horizons-3 License LLC is indirectly wholly owned by Intelsat S.A. The Commission
previously approved foreign ownership in Intelsat S.A., in the Intelsat-Serafina Order. 1 In
December 2009 and October 2011, the Commission also approved pro forma changes in Intelsat
S.A.’s foreign ownership. 2 There have been no other material changes to Intelsat S.A.’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).

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

Horizons-3 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).

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Document Created: 2017-01-13 14:24:38
Document Modified: 2017-01-13 14:24:38

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