Attachment order

order

DECISION submitted by FCC,IB

order

2004-09-24

This document pretains to SAT-PPL-20031230-00367 for Permitted List on a Satellite Space Stations filing.

IBFS_SATPPL2003123000367_397100

Federal Communications Commission pa cdzsl4 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) In the Mater of ) ) Star One SA. ) ) Perition for Declaratory Ruling to Add ) FileNo. SAT—PPL—20031230—00367 The Star One C1 Satellte at 65° W.L. ) CallSignS2611 To the Permited Space Station List ) orper Adopted: August 23, 2004 Released: August 24, 2004 By the Chief, Satelite Division, International Bureau: 1. INTROPUCTION 1. In this Order, we grantthe Star One S.A.("Star One") pettion for declaratory 1uling t add the Star One C1 satelite,which is licensed by Brazil and is o be located at the 65° W.L. orbital location,to the Commission‘s Permitted Space Station List("Permitted Lis") subjectto the conditions contained in this order. As a resultof this action, eath staions with "routine" technical parameters willbeable to communicate with Star One C1 in the conventional C and Ku—bands! as soon as Star One C1 becomes operational. Placing Star One CI on the Permitted List should stimulate competiton in the United States by providing consumers more altenatives in choosing communications providers and services. 11. BACKGROUND 2.. In 1997 in the DISCO II Order," the Commission, among other things, implemented the satelite market—opening commitments made by the United Statesi the World "Trade Organization Agreement on Basic Telecommunications Services (WTO Basic Telccom Agreement)". Subsequently, in the DISCO If First Reconsideration Order,the Commission adopted a new procedure by which the operators ofin—orbit non—U.S. satelites could request to ! For purposes ofthis Order,the "conventional C and Ku—bands? denotesthe37001200 MJHz/$925—6425 Mite and 11.7—12.2 GH/14.0—14.5 Gite frequency bands, respectively. * Amendment ofthe Commissin‘s Regulatory Poliies to Allow Non—US. icensed Sateltes Providing Domesic and InternationalSevice in the UnitedStates, Report and Order, 1B Docket No.96—111, 12 ECC Red 24094, 24174 (paa.186) (1997) ("DISCO H" or "DISCO If Order"), * The WTO came inbeing on January 1, 1995, prsuant to he Marrakesh Agreement Extalishing the World Trade Organization (The Mamkesh Agreemeng. 33 LL M. 1125 (1994). The Mamakesh Agreementincludes multlateral agreements on trade n good, services, intlletual propert, and dispare settement. The General Agreement on Trade in Services (GATS)is Annex 1B ofhe Mamakesh Aureement, 33 LLM. 1167 (1994. The WTO Telecom Agreement was ncorporated into the GATS by the Fourth Protocolt the GATS (April 30, 1996), 36 LL M. 354 (1997) (Fourth Protacol tothe GATS).

Federa! Communications Commission pa dé—z014 serve the U.S. market. Under this process, operators ofnon—U.S.satelitessecking to serve the US. marketin the conventional C— and Ku—bands may file a petition to be added to the "Permitted List"* This it identfies all satelitesand services with which U.S. earth stations with routinely—authorized technical parameters (known as "ALSAT" earth stations) are permitd to communicate without additional Commission action, provided that those communications fll within the same technical parameters and conditions established in the earth stations‘original Hicenses.® The Permitted Lisis maintained on the Commission‘s website, and is also available via fax or e—mail® 3. On December 30, 2003, Star One S.A., which holds the license for Star One C1, filed a petiton for declaratory ruling requesting us to add Star One C1 to the Permitted List." Comision Nacional De Telecomunicaciones (CONATEL}, he Venezuelan regulator, acting in its tole as the International Telecommunication Union (ITU) notifying Administration for te inte: governmental organization La Asociacidn de Empresas de Telecomunieaciones de Ia Comunidad Andina (ASETA)filed comments." CONATEL informs us that ASETA plans toimplement a satellit at67° W.L., two degrees away from the Star One C1 satellite at 65° WX., with C—band coverage over North America and South America" 111. DISCUSSION A. General Framework 4. In DISCO 1the Commission setforth the public interest analysis applicable in evaluating applications to use non—U.S.Hcensed space stations to provide satllite service in the United States. This analysis considers the effect on competition in the United States," eligiility and operating (e., echnical) requirements, spectrum availabiity," and national security, law enforcement,foreign policy, and trade concems." We evaluate the Star One S.A. request under * Amendment ofthe Commission‘s Regulatory Policies to Allow Non—U.S.—Licensed Space Sations to Provide Domestic and ntemationalSatelte Servie n the Unted Stites, FrsOrder on Reconsidertion, 1B Docket No. 96—11 1, 15 FCC Red 7207, 7209—10, 14. (pams.10,16) (1999) (°DISCO 17 Arr Aeconsideration Order"). * DISCO It FirsReconsideration Order,15 FCC Red t 7214—16 (paras1620) ° The websitis wwfeo oo ibist/srpermited biml * Petiton for Declaratery Ruling to Add the SarOne C1 Sateliteat65° .L. to the Permited Space Suiion List File No. SAT—PPL—20031230—00367, S2611, fled December 30, 2003 (‘Petion). Sar One fied additinal echnicaiformation on April 22, 2004. See Leterto Marlenc H. Dorich, FCC, Offceof the Secretry, (Aprl 22, 2004) (Str One April 22, 2004 Leter)and Lettr to Marlene H. Donch, FCC, Office of the Seerciry,(April 27, 2004). Str One .Ais lcensed by the Brazlian goverement to operte the Star One C1 satlite atthe 65° W.L. orbit ocation. * Leter fom Alvin Lezama Pereia,Director General, CONATEL, t Jeree Payton, Stelite Division, International Bureau(Feb 27,2004 This letr id not comply with the Commission‘sfiing procedures Nevertheless, we willretthi leterasan informal comment to thePettion. 47 CF.R. §§25.154(b)y141 * w " pIsCI, 12 FCC Red at 24107—56 (pars.30—145) "‘ DISCO 11, 12 ECC Red at 24159—69 (pars. 15174 " pISCo I, 12 CC Red at 24157—59 (pams. 14650)

Eederal Communications Commission ba d4—2614 this framework B. Competition Considerations 5.. In DISCO 1Z, the Commission established a rebuttable presumption that entry by non—U.S. satelites licensed by WTO Members to provide services covered by the U.S. commitments under the WTO Basic Telecom Agreement will further competition in the United States." These commitments include fixed—satelite service, but specifcally exclude direct—to— home (DTH) services, Direct Broadeast Satelite Service (DBS), and Digital Audio Radio Service (DARS)" This means that we will presume that WTO—member icensed satelites providing WTO—covered services satisfy the competition component ofthe public interest analysis. The Commission consluded that the market access commitments made under the WTO Basic Telecom Agreement will help ensure the presence and advancement of competition in the satllite services market and yild the benefits ofa competitive marketplace to consumers in the United States and other countries." 6. In this case,the presumption in fivor of entry applies o Star One C1, which is Hicensed by Brazil a WTO Member," and which will provide non—DTH fixed—satelite service to customers in the United States. There is no evidence o rebut the proposition that Star One C1‘s entry into the U.S. market is pro—competitive. Therefore, we conclude that Star One C1‘s proposed entry for purposes ofoffering fixed.satellteservices, excluding DTH, DBS, and DARS, will enhance competition for these services in the U.S. market. As a condition on Star One C1‘s placement on the Permitted List, however, we prohibitU.S. earth stations from accessing Star One CL for DTH, DBS, or DARS. C. Eligibility Requirements 2. Legal Qualifications 4 In DISCO 11 the Commission stated it would require non—U.S. space station operatorsto meet the same technica, legal, and financial qualiications that U.5—licensed space station operators must meet o obtain license."" Nothing in the record suggeststhatStar One S.A.is not legally qualified to provide serviceto the United Sttes using is Star One C1 satellte. b. Technical Qualifications 8. The Commission‘s satellite liensing policy is predicated upon two—degree orbital " pISCO 11, 12 FCC Red at 24169—72 (pares 175—42) !* pISCO 11, 12 FCC Red as 24112 (pae. 39) " pISCO 11, 12 FCC Red s 24112 (pare. 29) "* DISCO 1, 12 FCC Red at 24112 (pare.39); 24157 (parn. 145). !" See birlwunuto orwenglishthewto emhatis eAif corgt s him(a Ts of WTO members); See also hitriscwnsc uio orplenglshtston s/serv wlelecom commit_ exemit list .htm (a lt of WTO members that made market—scces commitments, with links toeach merber‘s schedule of commitmentsand Aricle 1I exceptions) "* DISCO 1t, 12 ECC Red t 24161—63 (paras. 194—59)

Eederal Communications Commission na dd—ze14 spacing between geostationary satelites."" This policy permits the maximum use of the geostationary satelteorbit"" All space stations, including non—U.S.satellites secking to serve the U.S. market, must comply with the Commission‘s technical requirements, designed to permit two—degree orbital spacing, before being authorized to provide service in the United States."" The Commission may license satelitesthat are not two—degree compliant (or eath stations secking to access such),but only when the applicants can demonstrate thattheir operations will eause no harmfulinterference to existing compliant satelite operations. Further, non—conforming operations are authorized conditioned upon a icensee accommodating future satllite networks serving the United Sttes that are two—degree compliant." $. Based on our review of the technical information Star One S.A. submitted, we conclude that Star One C1 complies with all applicable Commission rules, except Sections 25.210(@)(), and 25.2100)." Star One requests that we grant waivers ofeach ofthese requirements." We note that none of these instances involves the potentia for interference to other satlltes. We discuss Star One‘s waiver requests below. i. Switchable Polarization 10. Section 25.210(a)()" requires that all space stations n the Fixed—Satelite Service used for domestic service in the C:—band shall be capable ofswitching polarization sense upon ground command. Star One claims its C—band communications payload is based on the previous Brasilsat seriesdesign where most ofthe C:band transponders on the satelite do not have this switching capability. According to Star One the Commission has waived this requirement for the ANIK FI®"and Brasilsat A2" satelites because those satelltes successfully "* For moreinformation egarding the Commission‘stwo—dearee spacing polic, see, See 47 CFR. § 25.140; Licensing ofSpace Sations n the Domestic Fixed—Stelite Service and Related Revisions of Part 23 oftRulesand Repubtions, Report and Order, CC Docket No. 1—704, FCC 83—184, 4 Rad. Reg 24 577 (released Aug. 16, 1983); summaryprinted in Licensing Space Staions in the DomestFied.Saelite Service, 48 FR. 40233 (Sept6, 19B3) (Tivo Degree Spacing Order) * Assignment ofOrbitl Location tSpace Stations n the Domesti Fised—Satelite Service, 11 FCC Red 1378§, 13790 (para 6(1996). Priort the Commisson‘ adeption ofthetwo—degree spacing poicy, satelits in the peostatonary atelit orbit were usually spaced three or four degreesapart. By adopting ralesthat enbled satelite operators o place heispacestation two degrees apart, he Commision was able o accommodate more gcosttionary satelites "" Amendment of the Commission‘s Space Sttion LicensingRules and Polices, Abat Report and Order and Further Notic ofProposed Rulenaking 1B Docket No. 02:34, 18 FGC Red 10760 prs. 300) (2003) ("FistSpace Station Reform Order") "" See, eg. Systematics General Corporation, Order andduthoriztion, 2 FCC Red 7550, 7850—S1 (poo. 9) (Com. Car. Bur.1987); New Skies Stelite, N.V., OrderandAuthorizarin, 14 FCC Red 13003,13038 (pare.78) (1999). ? 47 CFR. 5§ 28 210@0) and 0. ** Periton at 1t—14 "arorn gas21000) "*See eg. Telesat Conada PettionforDecloratory RulingfoInclusionofANIK F1 on the Permited SpaceStation Lis, Order,13 FCC Red. 24828, 24834—35 (paas, 16—17) (2000) * See Empresa Braslira de Telecomicagies S A, Petonfor Declaratry Rulingon dccess o Brasisat 42 Satelltevia US.Barth Statons, Order, 16 FCC Red. 55659 (pra. 10) (2001)("BrasilsarA2 Order®)

Eederal Communications Commission ba d4—2614 coordinated their FMTV operations, which are highly susceptible o interference, with U.S. sitellites. Star One has not completed coordination ofthe FMTV carriers with potentially affected U.S. operators, but untl such time, Star One S.A. statesit willnot transmit FPMTV transmissions to, from, or within the United States." 11. The Commission may waive its rules when there is "good cause" to do so and where waiver would not be inconsistent with the parpose of he rule." The Commission implemented two—degree spacing to maximize the number of satelites in orbit" In doing so,it recognized that new technical standards were needed to ensure that C:—band satelltes could operateinterference—free in a reduced spacing environment." Co—polarized FMTV transmissions are highly susceptible o causing interference between adjacent satelites. To prevent such potentil interference, the Commission adopted a rule thatrequires C—band satelltesto be capable of switching polarity from the ground."" Star One does not propose to provide FM/TV services to the U.S. from Star One C1 untl such operations are coordinated with potentially affected U.S. operators. Consequently, Star One‘s failure to meet our polarity—switching capability requirement will not ereate interference into the operations ofsatelitesthat conform to our two—degree spacing requirements. Under these circumstances, we find that a waiver of that polaity— switching rule is warranted here,together with a condition on Star One C1‘s placement on the Permitted List that precludes earthsations from transmiting or receiving FM/TV signals from the satelite."" If any earth sttion operator decides to provide FM/TV service, a separate modification application wl be required, which mustinclude a two—degree spacing compliance analysis, or an affidavit demonstrating that Star One C1 has been coordinated for the specific frequencies used for these FM/TVoperations, as specified in Section 25.21 1(b) othe Commission‘s rules* Each modification application shallinclude an analysis showing that such "" See Ptiton at 1—12 "scoregi3 * Tno—Degree Spacing Order * 14at pras. 33443 "" See in The Matter OfAmendment OfPart 25 Of The Commisson‘s Rules And Regulations To Reduce Alen CarrierIntrference Berveen Fived—Satellies 4 Reduced Orbial Spacings And To Revise ApplicationProcessing Procedures For Satelte Communication Servies, Second Report And Order, CC 86—496, RM—1206, 8 FCC Red. 1316,1318 (pars, 10—11) (1993) *"See Mabuhay Phiippines Satelite Cory., DA 00—2649, 15 FCC Red at 23,676—77 (paas.12—13) (srantinga waiver ofsetion25.210G) and imposinga condition upon gran). "47 CER, § 25 211(). Section 28 211(b) requires cavier frequenciesfor Ku—band TV/FM trnsmissions to be identfied fr coortiationwithadjacentU.S. sutlitesystems and affeced satlltesystems ofother administations AlsoSection 25.211(2), 47 CF.R. § 2521 1(2requies C:band analog video transmissons o occuratspecific centerfrequencies. Star One states that it hasnot completed coordiation withall ptentially affected U.8. satefte opertorsand thus tis not erain what centr frequencies may be used for C:band and Ku—band FMTV transmissions. Str One hasagreed o provide such informatioafer completion ofthe coortiationwith potentally affcted U.S. stelit operators and request any necessary waives at that time, See Pettionat 13. Under these ircumstances, wefind that StarOre‘s filire to identify the center frequenciesto be used for C:band and Ku—band FM/TV trismissions docs not preclude grantafthe pettion fr declratory uling in his nstanceas we have already precluded this ype of transmission. Specifcaly,as noted aboveas a conditiono iclusion on the Permited Lis, U;S eensed carth stationsare prohibited from ransmiting or receiving FM/TV trnsmissions fom elevisionsignals from th satelite. See Mabuhay Phiippine Satellte Corp., DA 00—261, 15 FCC Red at 23,676—77 (paras 12—13) (@ranting a waiver ofsection25.21000, 47 CF.R. § 25.210()and imposing a condition upon grand

Federal Communications Commission pa czel4 analogtelevision operations do not exceed the power flux density (PFD) limits prescribed by Section 25.208(a) ofthe Commission‘s rules." ii. Cross—Polarization Isolation 12. Section 25210(" requires space station antennas in the Fixed—Satelite Service to provide cross—polarizationisolation such thattratio of the on axis co—polarization gain to the eross—polarization gain ofthe anterna in the assigned frequency band shall beat last 30 dB within itsprimary coverage area. Star One claims that the eross—polarization isolation of the Star One C1 satelite‘s antenna will comply with the 30 dB minimum isolation over $0% of the satellite‘s coverage area,butthe solation of the C:band BSAC antenna and the Ku—band MCRK antenna‘"will be as low as 27—28 dB in the remaining 20 % of the coverage area (typically at the edge of covernge)" Star One claims that this deviation from the minimum isolation ratio will not cause harmfulinterference to any U.S.Hensed satelite networks because the deviation is typically at the beam edges, i outside the Star One C1 satelite‘s "primary coverage area" and there are no U.S. licensed stelltes within two degrees of 65° W.L. Ster One also notes that coordination agreementsbetween Star One and potentally affected U.S. satelite operators will ensure that this cross—polarization deviation does not affect U.S. lcensed satelites. Star One contends that the Commission has waived this requirement for New Skies Satelites N.V. for the NSS—7 satelite network where the deviation from the minimum was limited to a portion of the coverage area and isolation was 25—30 dB, with typical isolation bettethan 27 dB."" We find that a waiver is warrented under the same rationale articulated in the New Skies Sorelites NSS—7 Order, where we agreed with New Skiesthat, under similar circumstances to those detailed in the Star One C1 satelite pettion, the impact on neighboring satelite systems of this 3—5dB difference from the required cross—polarization isolation ratio would be negligible." ii. Extended Bands 14. We also observe that Star One Cis capable of operating in the extended C and Ku—band frequencies." The Commission hasconsistently held that, because of interference concerns with other ervices operating in the extended bands, the Permitted Lisincludes only the in additionto thepoin discussedabove, this condition wll only e ie upon the Aling ofa modification request that emonstrates complance with the Commission‘sriles,includingsectin 2521 ) 47 CF.R. sas2i10 "arcr® 5252000 "acrR 525210 "" RSAG refers to thBrazil South Americ Beam and. MCRK ostensibly refersto the MercosulRegional Hteam. Both are names that aregiven toantenna beams thatcover certin areas oftheEath. "* See Peiion at 12. "" See Peiion at 12—13. See, eg, New Stes Soelites N. Petiion for Declaratory RulingfoInclusion ofNSS:7 on the Permited Space Staion Lis, Order, FCC Red. 10369, 10376—77 (pars. 19)2002)(‘New ShiesOrder®) "° New Skies Order, 17 FCC Re. at 1037677 ars. 19) * See Pettion, Technical Appendix at 1—4. Star Oneindicates thtthe Star One C1 satelit s capable of operating in the extended G—band at 5850—5025 MHZ uplink and 3625—3700 MJz downlink and in he exterded Ku—band at 13.75—14.0 GHz uplink and 10.95—11.2GHtz downlik.

tions Commission Da dd—zel4 conventional C and Ku—bands.® Consequently, we limitthe Star One C1‘s Permitted Space Station List operations to the conventional C—band (3700—4200 MHz, 5925—6425 MHz) and conventional Ku—band (11.7—12.2 GHz, 14.0—14.5 GHz). Any earth station wishing to communicate with Star One C1 using the extended C or Ku—band frequencies mustfilea separate application with the Commission which will be considered on a case—by—case basis. . Einancial Qualifications 15. In its FirstSpace Station Licensing Reform Order, the Commission eliminated the financial requirements then in place and replaced them with a bond requirement.® Under this new financial requirement, any entity awarded a license for a GSO satelite must execute a payment bond, payable t the U.S. Treasury, within 30 days ofthe date ofthe license grant. The bond is payable upon failure to meetany implementation milestone in the lcense, where adequate justification forextending that milestone is not provided." Licensees may reduce the amount of the bond upon meeting each milestone."" This requirement applies both to U.S.—licensed satelites and satelites licensed by other counties that eek to serve the U.S. market." Star One states that it has met two ofth five implementation milestones ~— executing a satelite construction contact and beginning physical constraction —— and its bond should be reduced accordingly."" We cannot find that Star One has met ither ofthese milestones. First, Star One has not provided a copy of its construction contract. Without this documentation, which all satelite lcensees must submit as evidence of meeting thisfirst milestone,"" we are unable to determine whether or not the contract fulflls our criteria for a non—contingent contractas the milestone requires." Similarly, we are not perstiaded that Star One has met the commencement ofphysical construction milestone. In the First Space Station Reform Order, we codified "Criical Design Review" or CDR as the second implementation milestone.. We defined CDR as the stage in the spocecraft implementation at which the design and development phase ends and the manufacturing phase begins." The "commencement ofphysical construction" milestone follows the CDR milestone. Star One acknowledges thatit has not completed CDR."" Thus, we cannot determine that Star One has begun constructinga satellte whose design is fnalized, asthe beginning ofconstruction DISCO II Pist Reconsideretion Order, 15 FCC Red t 7210; Se als In the Mater ofEuropean Telecommunication Stelite Organization, Pettionfr Declratry Ruling, File No. SAT—PDR—20000214— v059,1s FCC Red 23486, 23487—8 (2000). © Amendment of the Commissin‘s Space Station Licensing Rulesand Policies, Fist Report and Order and Further Notie ofProposedRulemaking,IB Docket No.02—34,18 FCC Red 10760,10826 (para.170) (2003)(*Fist Space Statin Reform Order"). ". ® 1d.at 1082627 (prn.172) * 14. at 10875 on309) ®"Pertion t 7. * See 47 CER.§25.164(0) * See, eg Joint Application forReview of Consteltion Communications Holdings, Ic., Mobile Communications Holdings,Inc. and 1CO Global Communications(Holdings) Limited, Memorancem Opinion and Order, PCC 04—131, (released. Jn 24, 2004) at par. 18. °* Pis Space Staton Reform Order, 18 ECC Red at 10633 (par. 19) "" Star One April 22, 2004 Lever atunnumbered 2

Eederal Communications Commission pa dd214 milestone requires. Accordingly, we will require Star One to post a $3 million payment bond within 30 days of he date of this order."" IfStar One does not do so, we will remove Star One from the Permitted List. D. Spectrum Availability 16. In.DISCO 1I, the Commission determined that, given the scarcity of peostationary—satellte orbit locations and spectrum resources, it would consider spectrum availability asa factor in determining whetherto allow a foreign satellite toserve the United States." This is consistent with h Chairman‘s Note to the Basic Telecom Agreement, which states that WTO Members may exercise their domestic spectrumfrequency management policies when considering foreign entry. Thus, in DISCO IJ, we stated that when grant of access would ereate interference with U.—licensed systems, we may impose technical constraints on the foreign system‘s operations i the United States or, when conditions cannot remedy the interference, deny access. 17. Star One C1 will provide service tothe United States from the 65° WL. orbit location. Brazilhas filed coordination information with the Intermational Telecommunication Union (FTU) for both Cand Ku—band at 65° W.L. Star One states that it is authorized by Brazil to operate under this TU filing." There are no other satelltes authorized t serve the United States operating in the conventional Cand Ku—bands that arelocated within two degrees of Star One C1." As explained above, Star One has supplied an interference analysis demonstrating that its satelite system will be compatible with the Commission‘s two—degree orbital spacing environment.". Further, we have found that Star One C1 complies with the Commission‘s two— degree spacing requirements. Consequenty,allowing Star One C1 t serve the United States from the 65° WL. orbital location will not affeet operations ofany U.S—Licensed satelites nor contravene the Commission‘s spectrum/requency management policies. Further, we acknowledge CONATEL‘s plan to implement a satelite at 67° WL. CONATEL, however, has not requested access to the United States using such a satelite. In any event,as i allother orders permiting non—U.S. satelitesto serve the United States, we require all communications between earth stations in the United States and Star One C1 tobe in compliance with allsatellite coordination agreements reached by Brazil and other countries. " in lightof the Commission‘s recent decisionto revise the bond amountin the Ast Order on Reconsideration and Fith Report and Order, ECC 04—147(el. uly6, 2004) from $5milion to $3 million for a peostationary satlite orbit satlite, w will requreStarOne S.A. t posta $3 milion bond. Inthe event that the revised band amount has not become effective when Sar One‘sbond is due,we waive Section 25.165 of he Commission‘srles, 47 CR § 25.168,t the exten necesuiry. " DISCO 1I, 12 FCC Red at 24159 (ors. 150). * Periionat7. °* Sar One alsostateit has held productive coordination discusions with U.5.stelite operators and concluded a nmber ocoortination agreements. Star One claims t has reached coordination agreements with SES Americom regardingthe 72° W L (C and Ku—hand) orttal ocation, with Intelsat regarding all o it satelftes(C and Ku—band),and with PanAmSat egarding the 74° W L. (Ki—band) orbial location. Sar One indicatesthacoortinationdiscussions remain or—going withPanAmSat regarding the 58° W.L.(C and Ku—band) and 74° W.L. (C:band)orbitl locations. and have noyet commenced with Loral Skynet regardingthe 69° W.L. orbtal ocation (C and Ku—band). Pettionat5 * see Two Degree Spocing Order, $4 Rad. Reg 20 577.

pa cczei4 E. Other Requirements 18. As described above, under DISCO II, national security, law enforeement, foreign policy,and trade concems are included in the public interest analysis."" Nothing in the record before us raises any such concems. F. Milestones 19. Inits First Space Station Licensing Reform Order, the Commission adopted generic milestone requirements covering various stages in the satelite procurementlcensing process from contract execution to launch and operation."* Star One has not demonstrated that it has met any ofthese milestones. Consequently, we impose the full set of milestones as follows: Contract execution: August 24, 2005; CDR: August 24, 2006; Commence physical construction: August 24, 2007; Launch: August 24, 209. We will emove Star One C1 from the Permitted Listifny of these milestones are not met. 1v. ORDERING CLAUSES 20. Accordingly, TT 1S ORDERED that, pursuantto Sections 303(308, 309, and 310 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 303(0, 308, 309, 310, and Sections 0.261 and 25.137(¢) ofthe Commission‘srules, 47 C.F.R. §§ 0.261, 25.137(c),the Petition for Declaratory Ruling fled by Star One S.A. (File No. SAT—PPL—20031230—00367) to Add the Star One C1 Satelite at 65° W.L. (2611) tothe Permitted Space Station List is GRANTED and each U.S—licensed earth station with "ALSAT"designated as a point of communication, 1S GRANTED authorityto provide Fixed Satelite Services (FSS) in the 3700— 4200 MHz, 5025—6425 MHz, 11.7—12.2 GHde and 14.0—14.5 GHfrequency bands,to, from, or within the United States,by accessing the Star One C1 satellite (S2611) at the 65° WL.orbit location, subject to the parameters set forth in its earth station icense and subjectto the following conditions: a) Star One C1 is not authorized to provide any Direct—to—Home (DTH) service, Direct Broadcast Satelite (DBS) service, or Digital Audio Radio Service (DARS) to,from, or within the United State; b) Star One C1 is not authorized to provide any FMTV service t, from, or within the United States; ) Communications between ALSAT—Jesignated routine earth stations and the Star One C1 satelite shallbe in compliance with the satelite coordination agreements reached between Brazil and other administrations; 4) Operation of Star One C1 shall be in accordance with the power flux—density requirements of47 C.F.R. § 25.208 ofthe Commission‘s Rules. 21. IT JS FURTHER ORDERED that Star One S.A. 18 GRANTED a waiver of Sections 25.210(a)(3), and 25.210G) ofthe Commission‘s rules, 47 C.F.R. §§ 25.210(a)@), and 25.210(),for the purpose of operating Star One C1 in the conventional C and Ku—bands. 7‘ DISCO 11, 12 ECC Red at24170—72 (paas.178—182) °* PirstSpace Staion Licensing Reform Ordeat 10828 (prs 173). 47 CFR. § 25.164(a).

Federal Communications Comi pa tzel4 22. TT 1S FURTHER ORDERED that, unless extended by the Commission for good cause shown, Star One C1 shall be removed from the Permitted Space Station List in the event the space sttion is not constructed, launched, and suecessfully placed into operation in accordance with the technical parameters in its Pettion for Declaratory Ruling and the terms and conditions ofthis Order, by the following dates: Execute a contract for constraction: August 24, 2005; s en se Complete Critical Design Review:. August 24, 2006; Commence Physical Constrction: August 24, 2007; Launch: August 24, 2009 and Star One S.A. mustfile a bond with the Commission in the amount of3 million, pursuant o the procedures se forth in Public Notice, DA 03—2602, 18 FCC Red 16283 (2003), no lter than September 24, 2004 23. This Order is effective upon release, Petitons for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission‘s rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days of the date of the release ofthis Order. (See 47 CER. $140@)) FEDERAL COMMUNICATIONS CoMMIssION ~thewso STK‘( Thomas S. Tyer Chict Satellite Division International Bureau 10


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