Attachment 2002Public Notice DA

2002Public Notice DA

PUBLIC NOTICE submitted by IB, FCC

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2002-11-15

This document pretains to SAT-PDR-20010309-00020 for Petition for Declaratory Ruling on a Satellite Space Stations filing.

IBFS_SATPDR2001030900020_875467

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            Federal Communications Commission                               News Media Information 202 / 418—0500
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                                                                                                    SPB—181
                                                                                                  DA 02—3179
                                                                              Released November 15, 2002

                        REVISION OF PERMITTED LIST ENTRY FOR THE NSS—7
                        SATELLITE TO REMOVE COORDINATION CONDITIONS

                                     File Nos. SAT—PDR—20010309—00020
                                        and SAT—PDR—20011016—00137

         On May 28, 2002, the Chief of the International Bureau‘s Satellite Division released an Order in
the above referenced proceedings placing NSS—7, a satellite launched and operated by New Skies
Satellites N.V. ("New Skies"), on the Permitted Space Station List (the "Permitted List") at the 21.5°
W.L. (338.5° E.L.) orbital location.‘ By this Public Notice, we revise NSS—7‘s entry on the Permitted List
to lift conditions imposed on New Skies by the NSS—7 Order since New Skies has agreed, with the
concurrence of the Netherlands administration, and as required by that Order, to undertake certain
coordination commitments."

         Because NSS—7 does not meet all of the Commission‘s technical rules adopted to ensure
compatibility of satellite systems operating with at least two—degrees of orbital spacing, the NSS—7 Order
imposed certain conditions on the authorization of earth stations communicating with NSS—7.
Specifically, the NSS—7 Order provides that New Skies is required to coordinate in good faith with any
future U.S.—licensed services over a U.S.—licensed or non—U.S.—licensed satellite that complies with the
Part 25 technical requirements and is located as close as two degrees away from NSS—7." If a
coordination agreement cannot be reached, New Skies is required to operate on a non—harmful
interference basis relative to the compliant U.S.—licensed services.* The NSS—7 Order further states that
these conditions will be lifted if New Skies, with the concurrence of the Netherlands government,
undertakes the following commitments. First, compliant U.S. services over U.S.—licensed or non—U.S.—
licensed satellites serving the U.S. market spaced two—degrees or more from NSS—7 are assumed to be
fully coordinated. Second, non—compliant U.S. services over U.S.—licensed or non—U.S.—licensed satellites
serving the U.S. market spaced two degrees or more from NSS—7 will be coordinated on an equal basis,
irrespective of the relative dates of receipt of the coordination requests at the International
Telecommunication Union for the relevantsatellite networks."



‘ New Skies Satellites N.V., 17 FCC Red. 10369 (Int‘l Bur. 2002)("NSS—7 Order").
> Id. at 11 32.
} Id. at 21.
* 1d.
* ~Id m 4 32.


       By letter dated September 19, 2002, the Radiocommunications Agency of the Netherlands
informed the Federal Communications Commission that New Skies has agreed, with the written
concurrence of the Netherlands administration, to undertake the coordination commitments specified in
the NSS—7 Order.°

          Accordingly, we remove the following conditions on earth stations accessing the NSS—7 satellite:

IT IS FURTHER ORDERED that each earth station with "ALSAT" designated as a point of
communication may communicate with NSS—7, only under the following conditions, unless New Skies
Satellites, N.V., undertakes the commitments set forth in paragraph 21, and the Administration of the
Netherlands gives its concurrence, in writing, to those commitments.

(a)   In the future, should the Commission authorize access to the U.S. market by a satellite that is two—
      degree spacing compliant, and is located as close as two—degrees from a New Skies satellite, New
      Skies would be expected to coordinate, in good faith, with the licensee of this satellite.

(b) If a coordination agreement is not reached, New Skies‘s operation of NSS—7 must be on a non—
      harmful interference basis relative to U.S. services being provided by the compliant satellite.

(c)   If a coordination agreement is not reached, these satellite networks shall not cause harmful
      interference to, nor shall operators accessing these satellite networks claim protection from, U.S.
      services provided over U.S.—authorized satellite networks, and/or U.S.—authorized services provided
      over non—U.S.—authorized satellite networks that are providing service to the United States that are
      compliant with the Commission‘s two—degree spacing rules.

(a)   In addition, operation of NSS—7 in the conventional C—band, shall cease immediately upon notification
      of harmful interference. Complaints of all radio interference shall be forwarded to the Commission in
      writing.‘

                                                    — FCC—




° Letter from A.J. van Dijken, on behalf of The Minister for Economic Affairs, Head Frequency Planning and Co—
ordination Section, Radiocommunications Agency of the Netherlands, to Donald Abelson, Chief, International
Bureau, Federal Communications Commission, (dated 19 September 2002).

‘ NSS—7 Order at T 31.



Document Created: 2010-10-19 14:35:05
Document Modified: 2010-10-19 14:35:05

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