Attachment Narrative & Exhibits SAT-MOD-20170622-00093

Attachment Narrative & Exhibits

This document pretains to SAT-MOD-20170622-00093 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2017062200093_1240408

Before the
Federal Communications Commission
Washington, DC 20554

In the Matter of

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

Application to Modify Authorization for
Horizons 3e (S2947)

APPLICATION TO MODIFY 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 the

authorization for the Horizons 3e satellite (Call Sign S2947).3 Specifically, this modification

provides technical information reflecting the current design of the spacecraft, adds an additional

frequency band, seeks two additional waivers, and updates International Telecommunication

Union (“ITU”) filing information. With the exception of the additional frequency band, the

waiver requests, and the ITU filing information provided herein, all information provided in the

Legal Narrative of the original application remains unchanged,4 and Intelsat incorporates it by

1
Horizons-3 License LLC is an indirect wholly owned subsidiary of Intelsat S.A.
2
47 C.F.R. § 25.117.
3
See Policy Branch Information; Actions Taken, Public Notice, Report No. SAT-01236,
SAT-MOD-20170113-00005 (May 5, 2017) (eliminating the continuity of service obligation
imposed on Horizons 3e).
4
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 (stamp grant July 6, 2016) (authorizing launch and operation of the Horizons-3 satellite
and noting that the originally requested waivers of 47 C.F.R §§ 25.210(a)(3) and 25.210(i)(l) are

reference. Horizons 3e is scheduled for launch in Q1 2019 and will replace Intelsat 805 (call

sign S2404) at 169.0° E.L.5

In accordance with the Commission’s rules,6 this application has been filed electronically

as an attachment to FCC Form 312 and Schedule S.

I. ADDITIONAL OPERATIONAL FREQUENCIES

In addition to the frequencies already authorized by the Commission for use on the

Horizons 3e satellite, Intelsat seeks to add the 5850-5853.5 MHz band. The 5850-5853.5 MHz

band will only be used for the tunable command link (Earth-to-space) and will not be used to

provide service.

The following chart shows the frequencies that will be used by the Horizons 3e satellite,

as well as the frequencies that currently are used by the Intelsat 805 satellite at 169.0º E.L.

Intelsat 805 Horizons 3e
3400-3700 MHz  
3700-4200 MHz  
5850-5853.5 MHz  
5853.5-5925 MHz 

5925-6425 MHz  
6425-6650 MHz  
10850-11700 MHz  
12200-12250 MHz  

unnecessary due to the recent elimination of numerous Commission rules) as modified by
Horizons-3 License LLC, Application to Modify Condition of Authorization for Horizons 3e,
File No. SAT-MOD-201701113-00005 (stamp grant May 4, 2017) (granting waiver of the
continuity of service obligation with respect to the 12.25-12.5 GHz and 14.25-14.5 GHz
frequency bands).
5
See Policy Branch Information; Actions Taken, Public Notice, Report No. SAT-01139,
SAT-MOD-20151020-00072 (Feb. 26, 2016).
6
47 C.F.R. §§ 25.117(b), (c).

12250-12500 MHz  
12500-12750 MHz  
12920-13250 MHz  
13750-13997 MHz  
13997-14000 MHz  
14000-14250 MHz  
14250-14500 MHz  

II. WAIVER REQUESTS

Intelsat requests waiver of Section 25.210(f) of the Commission’s rules, which requires

full frequency reuse for Horizons 3e’s use of the 10850-10922 MHz and 11523-11577 MHz

bands.7 Additionally, to the extent required, Intelsat also seeks waiver of footnote US245 to the

U.S. Table of Frequency Allocations, which limits the use of the 5850-5925 MHz frequency

band to “international inter-continental systems.”8

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 As shown below, there is good cause here to waive footnote US245 to the U.S. Table

of Frequency Allocations and Section 25.210(f).

7
47 C.F.R. § 25.210(f).
8
See 47 C.F.R. § 2.106 fn. US245.
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.

a. Section 25.210(f)

Horizons 3e employs full frequency reuse through the use of orthogonal polarization

within the same beam and/or through the use of spatially isolated beams with the exception of

the 10850-10922 MHz and 11523-11577 MHz bands. As such, Horizons 3e is compliant with

Section 25.210(f) of the Commission’s rules in all bands except for 10850-10922 MHz and

11523-11577 MHz. In total, the Horizons 3e satellite utilizes 3480 MHz of uplink and downlink

spectrum, of which only 3.6% is not fully reused.

In this case, there is good cause for granting the requested waiver. The full frequency

reuse requirements of Section 25.210(f) were designed to ensure that satellites maximize the use

of their transponder capacity to benefit the public.12 The 10850-10922 MHz and 11523-11577

MHz frequency bands were added to the satellite to address a specific customer requirement.

Full frequency reuse in these bands was not possible, however, because the launch mass and

power constraints on the satellite would have been exceeded had Intelsat included the necessary

hardware that would have permitted full frequency reuse in the 10850-10922 MHz and 11523-

11577 MHz bands. These constraints resulted in Intelsat only using 10850-10922 MHz and

11523-11577 MHz in one polarization.

Intelsat’s waiver request applies to a de minimis portion of Horizons 3e’s bandwidth ̶

less than 4% ̶ that is not compliant with Section 25.210(f), and this waiver will allow Intelsat to

meet additional customer demand that would otherwise likely go unserved. Accordingly, there is

12
See Licensing of Space Stations in the Domestic Fixed Satellite Service and Related
Revisions to Part 25 of the Rules and Regulations, Report and Order, 54RR2d 577, ¶ 69 (1983).

good cause for waiver of Section 25.210(f) in this case. Moreover, waiver of Section 25.210(f)

is consistent with Commission precedent.13

b. U.S. Table of Frequency Allocations Footnote US245

In the event that Intelsat may use a U.S. earth station for commanding Horizons 3e, good

cause exists here to grant a waiver, to the extent necessary, of US245 to allow Horizons 3e to

provide a command link in the 5850-5925 MHz band on hardship grounds. Footnote US245

assumes the use of a paired downlink band within the 5850-5925 MHz uplink band, and requires

the paired link to be used for international, intercontinental transmissions. In the instant case,

however, the satellite’s command link, 5850-5853.5 MHz, is an unpaired Earth-to-space link,

and therefore cannot comply with US245.14 The purpose of the rule, to limit the number of FSS

antennas using these frequencies in the United States, will not be undermined by grant of the

waiver to allow a command uplink earth station in the United States. For this reason, there is

good cause for waiver of footnote US245 of the Table of Allocations in this case.

III. ITU FILINGS

Horizons 3e’s operations in the 3700-4200 MHz, 5925-6425 MHz, 12250-12750 MHz,

and 14000-14500 MHz; 11450-11700 MHz; and 13750-14000 MHz bands have been

coordinated and notified under the Administration of the United States’ ITU filings USASAT-

60J, USASAT-55L, and USASAT-55V, respectively.

13
See Policy Branch Information; Actions Taken, Public Notice, Report No. SAT-01228,
SAT-LOA-20150327-00016 (Mar. 31, 2017) (granting waiver of 47 C.F.R. § 25.210(f) on the
basis of satellite weight limitations and de minimis non-frequency reuse for Intelsat 33e).
14
Moreover, Horizons 3e’s use of 5850-5853.5 MHz for the command link from a U.S.
earth station, without a paired downlink in the United States would not impede non-FSS use of
these frequencies in the United States any more than a rule compliant use would.

Horizons 3e’s operation in the frequency bands 12750-13250 MHz, 10700-10950 MHz,

and 11200-11450 MHz bands have been coordinated and notified under the ITU filings of the

Administration of the United States’ USASAT-101C and the Administration of Papua New

Guinea’s NEW DAWN FSS-7. The Administration of Papua New Guinea has authorized use of

NEW DAWN FSS-7 by Intelsat.

Horizons 3e’s operation in the frequency bands 5850-5853.5 MHz, 10950-11200 MHz

and 12200-12250 MHz will use the ITU filings of the Administration of the United States’

USASAT-60V and the Administration of Papua New Guinea’s NEW DAWN 43. The

administration of Papua New Guinea has authorized use of NEW DAWN 43 by Intelsat.

Intelsat respectfully requests that the United States Administration state its non-objection

to Papua New Guinea’s use of Horizons 3e for purposes of bringing into use and maintaining the

NEW DAWN FSS-7 and NEW DAWN 43 filings.

IV. GRANT OF THIS APPLICATION WILL SERVE THE PUBLIC
INTEREST

Grant of this application will serve the public interest by ensuring continuity of service

and providing additional capacity in the United States and Asia Pacific region from the nominal

169.0° E.L. orbital location.

III. CONCLUSION

Based on the foregoing, Intelsat respectfully requests that the Commission grant this

modification application.

Respectfully submitted,

/s/ Susan H. Crandall

Susan H. Crandall
Associate General Counsel
Intelsat Corporation

Jennifer D. Hindin
WILEY REIN LLP
1776 K Street, N.W.
Washington, DC 20006

June 22, 2017

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 22151 (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: 2017-06-22 13:58:12
Document Modified: 2017-06-22 13:58:12

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