Attachment Intelsat - Grant Nov

Intelsat - Grant Nov

DECISION submitted by IB, FCC

Grant with conditions

2018-11-29

This document pretains to SAT-MOD-20180501-00036 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2018050100036_1583236

File #fff- I”oD- ZOLOO içp3 S2704 SAT-MOD-20180501-00036 1B2018001 161 Intelsat License LLC Intelsat 5 Call Sign SZ7O Grant Date I Z/l8 (or other idcntificr Term Datc Approved by 0MB From Il/iS hr To 12/31Jw 3060—0678 GflANiED Date & Time Filed: May 1 2018 2:00:01:IO6PM File Number: SAT—MOD—20 180501—00036 tcrnnt i:nal ‘w1h cond*t ilL: rcau Ste I he Dual1 Chef felIi}e lIaj BahcLl FCC APPLICATION FOR SPACE AND EARTH STATION:MOD OR AMD - MAIN FORM FCC Use Only FCC 312 MAIN FORM FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: Modification of Atithorization to Redeploy to. and Operate tntelsat 5 (S2704) at, 137.0 W.L. 1—8. Legal Name ofApplicant Name: Intelsat License LLC Phone Number: 703—559—7848 DBA Fax Number: 703—559—8539 Name: Street: do Intelsat Corporation E—Mail: susan.crandall(Zintelsat.com 7900 Tysons One Place City: McLean State: VA Country: USA Zipcode: 22102 —5972 Attention: Susan H Crandall

ATTACHMENT TO GRANT Intelsat License LLC IBFS File No. SAT-MOD-20180501-00036 IBf5 file No(s): SAT-MOD-201$0501-00036 GRANTED — Licensee/Grantee: Intelsat License LLC With Conditions Call Sign: S2704 Satellite Name: Intelsat 5 Orbital Location: 137.00 W.L. (required station- (+1- 0.05 degrees east/west) keeping tolerance) Administration: United States of America Nature of Service: Fixed-Satellite Service (FSS) International Bureau Satellite Division Scope of Grant: Authority to provide FSS from the 137.00 W.L. orbital location in the 3700-4200 MHz (space-to-Earth), 5925-6425 MHz (Earth-to-space), 1 1.45-1 1.7 GHz (space-to-Earth), and 14.0-14.25 GHz (Earth-to-space) frequency bands. Service Area(s): Asia Pacific and Western United States. See Schedule S Tech Report. Frequencies: 3700-4200 MHz (space-to-Earth) 5925-6425 MHz (Earth-to-space) 11.45-11.7 GHz (space-to-Earth) 14.0-14.25 GHz (Earth-to-space) Tracking, telemetry, and command center frequencies: 1 1.451 GHz; 1 1.452 GHz; 1 1.454 GHz (space-to-Earth) 13.999 GHz; 14.49$ GHz (Earth-to-space) Unless otherwise specified herein, operations under this grant must comport with the legal and technical specifications set forth by the applicant or petitioner and with Federal Communication Commission’s rules not waived herein. This grant is also subject to the following conditions1: 1. Intelsat must prepare the necessary information, as may be required, for submission to the International Telecommunication Union (ITU) to initiate and complete the advance publication, coordination, due diligence, and notification process of this space station, in accordance with the ITU Radio Regulations. Intelsat will be held responsible for all cost-recovery fees associated with ITU filings. No protection from interference caused by radio stations authorized by other administrations is guaranteed unless coordination and notification procedures are timely completed or, with respect to individual administrations, coordination agreements are successfully completed. Any radio station authorization for which coordination has not been completed may be subject to additional terms and conditions as required to effect coordination of the frequency assignments of other administrations. See 47 CFR § 25.111. 2. In connection with the provision of service in any particular country, Intetsat is obliged to comply with the applicable laws, regulations, rules, and licensing procedures of that country. 3. Intelsat must operate Intelsat 5 at the 137.0° W.L. orbital location in compliance with all existing or future coordination agreements for this location. 4. Intelsat must maintain the Intelsat 5 space station within an east/west longitudinal station-keeping tolerance of +1- 0.05 degrees of the 137.0° W.L. orbital location. The National Oceanic and Atmospheric Administration (NOAA) filed a comment expressing concern about the potential for physical conjunction between Intelsat 5 and the NOAA GOES-l7 space station due to their overlapping station-keeping volumes at 137.0° W.L., and requested that we delay grant for 60 days until NOAA and Intelsat resolve the issue. See NOAA Comments (filed Oct. 4, 2018). Intelsat subsequently filed a letter stating that discussions with NOAA have concluded and that GOES-l7 will be located at 137.2° W.L. to avoid the overlap. See Letter from Cynthia J. Grady, Senior Counsel, Intelsat US LLC, to Marlene H. Dortch, Secretary, FCC (filed Nov. 5, 2018). As such, we consider the concerns raised by NOAA to be resolved. Page 1 of 3

ATTACHMENT TO GRANT Intelsat License LLC IEFS File No. SAT-MOD-20180501-00036 5. The operations of Intelsat 5 and associated earth stations must comport with the applicable uplink and downlink limits in 47 CFR § 25.140(a)(3) of the Commission’s rules, unless Intelsat coordinates any non conforming operations with the operations of U.S.-]icensed geostationary orbit space stations within 6 degrees of the 137.00 W.L. orbital location. Intelsat must also comport with the maximum power limits indicated in existing or future coordination agreements at 137.0° W.L. Non-conforming operation must also be coordinated with respect to those operations of non-U.S.-licensed space stations within 6 degrees of 137.0° W.L. involving approved communications with U.S.-licensed earth stations. 6. The power flux-density (PFD) at the Earth’s surface produced by the emissions from the Intelsat 5 space station in the 3700-4200 MHz frequency band (space-to-Earth) must not exceed the applicable power flux-density limits contained in 47 CFR § 25.208(a) of the Commission’s rules, and in Article 21 of the ITU Radio Regulations. 7. The power flux-density at the Earth’s surface produced by the emissions from the Intelsat 5 space station in the 11.45-11.7 GHz (space-to-Earth) frequency band must not exceed the applicable power flux- density limits contained in 47 CFR § 25.208(b) of the Commission’s rules, and in Article 21 of the 1TU Radio Regulations. 8. Operations in the 11.45-11.7 GHz (space-to-Earth) frequency band is subject to footnote US21I to the U.S. Table of Frequency Allocations, 47 CFR § 2.106, US2I1, 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. 9. Intelsat’s request for waiver of footnote NG52 of the U.S. Table of Frequency Allocations, 47 CFR § 2.106, NG52, to use the 11.45-11.7 GHz band to offer domestic services on an unprotected, non-harmful interference basis in the United States IS GRANTED, as conditioned. We find that waiver does not undermine the purpose of the rule because the waiver involves only earth stations that are receive-only in the 11.45-11 .7 GHz frequency band and thus are not capable of causing interference into fixed stations operating in this band. Furthermore, because Intelsat has agreed to accept any level of interference from fixed stations into receive earth stations in this band, fixed station operators will not be required to coordinate their station operations with Intelsat’s earth stations operations.2 Under these circumstances, we determine that an additional coordination burden is not placed upon fixed station operators and their ability to expand service in the future would not be restricted in any manner.3 a. Intelsat’ s space-to-Earth transmissions in the 11 .45-11.7 GHz band are to be conducted without interference protection from fixed stations to earth stations receiving these transmissions. This applies to fixed stations to which frequencies in the 11.45-11.7 GHz band have either been already assigned, or to which frequencies in the 11.45-11.7 GHz band may be assigned at a later date. b. Intelsat must inform its customers, in writing, including end-users receiving service from resellers accessing capacity on the Intelsat 5 space station, that domestic service in the 11.45-11.7 GHz band is being provided on an unprotected basis, and that the potential exists that future licensed fixed stations may cause harmful interference to unprotected receive earth stations in the 11.45-11.7 GHz band. 10. Operations of Intelsat 5 in the 14.47-14.5 GHz (Earth-to-space) frequency band is subject to the terms of footnote US342 to the U.S. Table of Frequency Allocations, 47 CFR § 2.106, US342, which urge applicants to take all practicable steps to protect the radio astronomy service from harmful interference. 2 See Legal Narrative, IBFS File No. SAT-MOD-20180501-00036. PanAmSat Licensee Corp. Application for Authority to Use the Extended Ku-Band Frequencies for Domestic Service. Order and Authorization, 20 FCC Rcd 14642, 14646 (Sat. Div., Int’l Bur.. 2005). Page 2 of 3

ATTACHMENT TO GRANT Intelsat License LLC IBFS File No. SAT-MOD-20180501-00036 11. Intelsat’s request for a waiver of Section 25.210(f) of the Commission’s rules, 47 CFR § 25.210(f), in connection with Intelsat 5’s use of the 11.45-1 1.7 GHz and 14.0-14.25 GHz frequency bands, IS GRANTED. Section 25.210(f) requires that Fixed-Satellite Service (FSS) space stations employ full frequency re-use either through orthogonal polarization in the same beam and/or the use of spatially independent beams. The purpose of the rule is to ensure that space stations maximize the use of spectrum. Intelsat states that Intelsat 5 (previously known as PAS-9) was not designed to utilize orthogonal polarizations or spatially isolated beams in these bands, likely due to customer requirements and mass constraints of the satellite. Given that the Intelsat 5 space station was previously authorized to operate in these frequencies and the fact that the license term for Intelsat 5 ends on December 31, 2020, we do not believe that grant of a waiver in this case would materially undermine the purpose of Section 25 .2 10(f). 12. Intelsat’s request for a waiver of Section 25.114(c)(4)(vi)(A) of the Commission’s rules, 47 CFR § Section 25.1 14(c)(4)(vi)(A), IS GRANTED. Section 25.1 14(c)(4)(vi)(A) requires predicted space station antenna gain contour(s) for each transmit and each receive antenna beam and nominal orbital location requested. We previously granted Intelsat a waiver of this rule based on the technical demonstrations provided in a prior application.4 For the same reasons we find it appropriate to grant a continued waiver of this rule. 13. Intelsat must file with the Commission the information required by Section 25.172 of the Commission’s rules, 47 CFR § 25.172. 14. Nothing in this grant extends the license term for Intelsat 5, which expires on December 31, 2020. Licensee/grantee is afforded thirty (30) days from the date of release of this action to decline the grant as conditioned. Failure to respond within this period will constitute formal acceptance of the grant as conditioned. This action is taken pursuant to Section 0.261 of the Commission’s rules on delegated authority, 47 CFR § 0.261, and is effective upon release. Station licenses are subject to the conditions specified in Section 309(h) of the Communications Act of 1934, as amended, 47 U.S.C. § 309(h). Action November 29, 201$ Date: Term Dates from: November 29, 2018 To: December 31, 2020 Approved: Stephei(j/fuall Chief, Satellite Policy Branch 4 See IBFS file No. SAT-MOD-20l40829-00097. With respect to Intelsat 5’s TT&C bicone antenna and the uplink power control (ULPC) antenna, shown in Exhibits 21, 2L, 2M and 2N to that application, Intelsat indicates that the satellite manufacturer did not provide the beam patterns for these antennas in the required form. We found, however, that Exhibits 21, 2L, 2M and 2N, together with the descriptive characterization provided on pages 1 and 2 of the Engineering Statement in that application, fulfilled the requirements of Section 25.1 l4(c)(4)(vi)(A). See IBfS File No. SAT-MOD-20l21002-00176. Page 3 of 3

9—16. Name of Contact Representative Name: Cynthia J. Grady Phone Number: 703—559—6949 Company: Intelsat Corporation Fax Number: 703—559—8539 Street: 7900 Tysons One Place E—Mail: cynthia.grady@intelsat.com City: McLean State: VA Country: USA Zipcode: 22102—5972 Attention: Cynthia J. Grady Relationship: Legal Counsel CLASSIFICATION OF FILING 1 7. Choose the button next to the classification that applies to this filing for (N/A) bi. Application for License of New Station both questions a. and b. Choose only one (N/A) b2. Application for Registration of New Domestic Receive—Only Station for 17a and only one for 17b. b3. Amendment to a Pending Application b4. Modification of License or Registration al. Earth Station b5. Assignment of License or Registration a2. Space Station b6. Transfer of Control of License or Registration Q b7. Notification of Minor Modification (N/A) b$. Application for License of New Receive—Only Station Using Non—U.S. Licensed Satellite (N/A) b9. Letter of Intent to Use Non—U.S. Licensed Satellite to Provide Service in the United States (N/A) blO. Other (Please specify) (N/A) b 11. Application for Earth Station to Access a Non—U.S.satellite Not Currently Authorized to Provide the Proposed Service in the Proposed Frequencies in the United States (N/A) b 12. Application for Database Entry o b13. Amendment to a Pending Database Entiy Application o b14. Modification of Database Entry 7

I 7c. Is a fee submitted with this application? IIYes, complete and attach FCC Form 159. lfNo, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). 0 Governmental Entity Q Noncommercial educational licensee o Other(please explain): l7d. Fee Classification B FY — Space Station Modification(Geostationary) 18. If this filing is in reference to an 19. If this filing is an amendment to a pending application enter both fields, if this filing is a existing station, enter: modification please enter only the file number: (a) Call sign of station: (a) Date pending application was filed: (b) File number: S2704 SATMOD2O 17033100057 3

TYPE Of SERVICE 20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Select all that apply: a. Fixed Satellite Q b. Mobile Satellite c. Radiodeterm ination Satellite d. Earth Exploration Satellite Q e. Direct to Home Fixed Satellite Q f. Digital Audio Radio Service Q g. Other (please specify) 21. STATUS: Choose the button next to the applicable status. Choose 22. If earth station applicant, check all that apply. only one. Using U.S. licensed satellites Q Q Common Carrier Non—Common Carrier Q Using Non—U.S. licensed satellites 23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one. Are these facilities: o Connected to a Public Switched Network Not contiected to a Public Switched Network N/A 24. FREQUENCY BAND(S): Place an X’ in the box(es) next to all applicable frequency band(s). a. C—Band (4/6 GHz) b. Ku—Band (12/14 GHz) c.Other (Please specif\’ upper and lower frequencies in MHz.) Q Frequency Lower: Frequency Upper: (Please specify additional frequencies in an attachment) 4 -

TYPE OF STATION 25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose oniy one. 0 a. Fixed Earth Station o b. Temporary—Fixed Earth Station O c. 12/14 GHz VSAT Network o d. Mobile Earth Station e. Geostationary Space Station o f. Non—Geostationary Space Station o g. Other (please specify) 26. TYPE OF EARTH STATION FACILITY: o Transmit/Receive Transmit—Only Q Receive—Only ® N/A ‘For Space Station applications, select N/A.” 5

PURPOSE OF MODIFICATION 27. The purpose of this proposed modification is to: (Place an ‘X in the box(es) next to all that apply.) authorization to add new emission designator and related service 121 a —— Qb —— authorization to change emission designator and related service Qc —— authorization to increase EIRP and EIRP density Qd —— authorization to replace antenna e —— authorization to add antenna Q f—— authorization to relocate flxed station g — authorization to change frequency(ies) Qh authorization to add frequency QI —— authorization to add Points of Communication (satellites &amp: countries) Qi—— authorization to change Points of Communication (satellites & countries) Qk —— authorization for thcilities for which environmental assessment and radiation hazard reporting is required I authorization to change orbit location —— m —— authorization to perform fleet management ii —— authorization to extend milestones EJ o —— Other (Please specify) 6

1ss1 ine iss . Bs onl e d

33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than Yes No N/A one—fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign Q government or representative thereof or by any corporation organized cinder the laws of a foreign country? 34. If any answer to questions 29.30.31.32 and/or 33 is Yes, attach as an exhibit an identification of the aliens or foreign entities. their nationality, their relationship to the applicant, and the percentage of stock they own or vote. BASIC QUALIFICATIONS 35. Does the Applicant reqciest any waivers or exemptions from any of the Commission’s Rules? Yes No lfYes, attach as an exhibit. copies of the requests for aivers or exceptions with supporting documents. 36. Has the applicant or any party to this application or amendment had any FCC station authorization or license Yes No revoked or had any application for an initial, modification or renewal of FCC station authorization, license. ot’ construction permit denied by the Commission? lfYes, attach as an exhibit, an explination of circumstances. $

37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling the applicant ever been convicted of a felony by any state or federal court? If Yes, attach as an exhibit, an o Yes No explination of circumstances. 38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant. Yes No guilty of ttnlawfully monopolizing or attemptiing unlawfully to monopolize radio communication, directly or 0 indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement or any other means or utifair methods of competition?IfYes, attach as an exhibit, an explanation of circumstances 39. Is the applicant. or any persoti directly or indirectly controlling the applicant, currently a party in any pending Yes No matter referred to in the preceding two items? If yes. attach as an exhinit, an explanation of the circumstances. 0 40. If the applicant is a corporation and is applying for a space station license, attach as an exhibit the names, address, and citizenship of those stockholders owning a record and/or voting 10 percent or more of the Filer’s voting stock and the percentages so held. In the case of fiduciary control, indicate the beneficiary(ies) or class of beneficiaries. Also list the names and addresses of the officers and directors of the Filer. 9

41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is Yes No sublect to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act of Q 198$. 21 U.S.C. Section $62, because of a conviction for possession or distribution of a controlled substance. See 47 CER 1.2002(b) for the meaning of &quotparty to the application&quot: for these purposes. 42a. Does the applicant intend to use a non—U.S. licensed satellite to provide service in the United States? lfYes, Yes No answer 42b and attach an exhibit providing the information specified in 47 C.F.R. 25.137. as appropriate. If No, proceed to question 43. 42b. What administration has licensed or is in the process of licensing the space station? If no license will be issued, what administration has coordinated or is in the process of coordinating the space station? 43. Description. (Summarize the nature of the application and the services to be provided). (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) Intelsat License LLC hereby seeks authority to redeploy Intelsat 5 (Call Sign S2704) to, and operate the satellite in inclined orbit at, 137.0 W.L. (223.0 E.L) Legal l0

43a. Geographic Service Rule Certification By selecting A. the undersigned certifies that the applicant is not subject to the geographic service or geographic coverage requirements specified in 47 C.F.R. Part 25. By selecting 3, the undersigned certifies that the applicant is subject to the geographic service or geographic coverage requirements specified in 47 C.F.R. Part 25 and will comply with such requirements. OC By selecting C, the undersigned certifies that the applicant is subject to the geographic service or geographic coverage requirements specified in 47 C.RR. Part 25 and will not comply with such requirements because it is not feasible as a technical matter to do so. or that, while technically feasible, such services would require so many compromises in satellite design and operation as to make it economically unreasonable. A narrative description and technical analysis demonstrating this claim are attached. CERTIFICATION The Applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this application. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit in 47 CER Part 20. All statements made in exhibits are a material part hereof and are incorporated herein as if set out in full in this application. The undersigned. individually and for the applicant, hereby certifies that all statements made in this application and in all attached exhibits are true, complete and correct to the best of his or her knowledge and belief, and are made in good faith. II

44. Applicant is a (an): (Choose the button next to applicable response.) O Individual O Unincorporated Association o Partnership 0 Corporation 0 Governmental Entity Other (please specify) 45. Name of Person Signing 46. Title of Person Signing Susan H. Crandall Assoc. General Counsel, Intelsat Corporation ——> WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Title I 8. Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)(l)). AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). 12

FCC NOTICE REQUiRED BY THE PAPERWORK REDUCTION ACT The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. Ifyou have any comments on this burden estimate, or how we can improve the collection and reduce the burden it causes you, please write to the Federal Communications Commission, AMD—PERM, Paperwork Reduction Project (3060—0678). Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects of this collection via the Internet if you send them to PRA(fcc.gov. PLEASE DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember You are not required to respond to a collection of information sponsored by the Federal government, and the government may not — conductor sponsor this collection, unless it displays a currently valid 0MB control number or if we fail to provide you with this notice. This collection has been assigned an 0MB control number of 3060—0678. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104-13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507. 1, Ii


Document Created: 2018-11-29 13:04:50
Document Modified: 2018-11-29 13:04:50
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