Attachment DA 07-118

DA 07-118

ORDER submitted by IB,FCC

DA 07-118

2007-01-18

This document pretains to SAT-PPL-20060516-00061 for Permitted List on a Satellite Space Stations filing.

IBFS_SATPPL2006051600061_546076

                                 Federal Communications Commission                                  DA 07—118


                                          Before the
                           FEDERAL COMMUNICATIONS COMMISSION
                                    Washington, D.C. 20554

In the Matter of

TELESAT CANADA                                             File No. SAT—PPL—20060516—00061

Petition for Declaratory Ruling for Inclusion of
ANIK F3 on the Permitted Space Station List




                                                   ORDER


Adopted: January 18, 2007                                                     Released: January 19, 2007

By the Chief, Satellite Division, International Bureau:

T. INTRODUCTION

         1. In this Order, we grant Telesat Canada‘s (Telesat‘s) request for a declaratory ruling to add the
C— and Ku—band payloads of ANIK F3 to the Commission‘s Permitted Space Station List (Permitted List),
subject to the conditions. ANIK F3 is a Geostationary Satellite Orbit (GSO) satellite authorized by
Canada to operate in the Fixed—Satellite Service (FSS) at the 118.7° W.L. orbital location. We also grant
Telesat‘s requests for waiver of certain satellite technical requirements where necessary, and its request
for waiver of the bond requirement in light of the fact that another party has already filed a bond for
ANIK F3. Once ANIK F3 is operational, all U.S. earth stations with "routine" technical parameters may
communicate with it in the conventional C— and Ku—bands to provide a variety offixed—satellite service
(excluding direct—to—home service) to U.S. customers.‘ Providing U.S. earth stations the ability to
communicate with ANIK F3 could stimulate competition by providing U.S. consumers with more
alternatives in communications services and providers.

II. BACKGROUND

         2. The Commission‘s 1997 DISCO If Order" implemented the satellite market—opening
commitments made by the United States in the World Trade Organization Agreement on Basic
Telecommunications Services (WTO Basic Telecom Agreement).3 In addition, the DISCO IF Order set
forth a public interest analysis for evaluating applications from non—U.S. licensed satellite system


‘ The "conventional C and Ku—bands" refers to the 3700—4200 MHz/5925—6425 MHz and 11.7—12.2 GHz/14.0—14.5
GHz frequency bands, respectively.
* Amendment of the Commission‘s Regulatory Policies to Allow Non—U.S.—Licensed Satellites to Provide Domestic
and International Satellite Service in the United States, Report and Order, IB Docket No. 96—111, 12 FCC Red
24094 (1997) (DISCO II or DISCO II Order).
* The WTO came into being on January 1, 1995, pursuant to the Marrakesh Agreement Establishing the World
Trade Organization (The Marrakesh Agreement), 33 LL.M. 1125 (1994). The Marrakesh Agreement includes
multilateral agreements on trade in goods, services, intellectual property and dispute settlement. The General
Agreement on Trade in Services (GATS) is Annex 1B of the Marrakesh Agreement, 33 LL.M. 1167 (1994). The
WTO Telecom Agreement was incorporated into the GATS by the Fourth Protocol to the GATS (April 30, 1996),
36 LL.M. 354 (1997).


                                  Federal Communications Commission                                    DA 07—118


operators who intend to offer service in the United States. Under this framework, the Commission
considers the effect on competition in the U.S. market," spectrum availability," eligibility and operating
(e.g., technical) requirements," and national security, law enforcement, foreign policy and trade concerns.‘
The Commission analyzes applications from WTO Members to provide WTO—covered services under the
presumption that they will "satisfy the competition component ofthe public interest analysis.""

         3. In addition, the Commission adopted a framework under which non—U.S. satellite system
operators could request authority to serve the United States. Under this framework, a service provider in
the United States could apply for an earth station license that would enable the earth station to access a
foreign satellite." In the alternative, the operator of a non—U.S. satellite offering fixed—satellite service
could request authority to provide space segment capacity service to licensed earth stations in the United
States by filing a petition to be added to the Permitted Space Station List. This list includes all satellites
with which U.S. earth stations with routinely—authorized technical parameters (known as "ALSAT" earth
stations) are permitted to communicate without additional Commission action, provided that those
communications fall within the same technical parameters and conditions established in the earth stations‘
original licenses."" The Permitted Space Station List is maintained on our website, and is also available
via fax or e—mail."

        4. On December 20, 2005, the International Bureau (Bureau) granted EchoStar Satellite, LLC‘s
(EchoStar‘s) request for a blanket authorization for one million U.S.—licensed receive—only earth stations
that would receive Direct—to—Home (DTH) Fixed Satellite Service programming from ANIK F3 satellite
in the Ku—band." Among other things, the Bureau found that Telesat was legally qualified to provide
service in the United States and that ANIK F3‘s Ku—band operations complied with all applicable
technical requirements. Further, as with all other satellites licensed to serve the United States—including
U.S.—licensed satellites—the Bureau required EchoStar to demonstrate that ANIK F3 meets specified
implementation milestones and required EchoStar to post a $3 million bond payable to the U.S. Treasury
in the event those milestones were not met."



* DISCO II,   12 ECC Red at 24107—56 (paras.   30—145).
© DISCO II,   12 FCC Red at 24157—59 (paras.   146—50).
© DISCO II,   12 FCC Red at 24159—69 (paras.   151—74).
" DISCO II,   12 FCC Red at 24169—72 (paras.   175—82).
* DISCO II, 12 FCC Red at 24112 (para. 38).
° DISCO I1, 12 ECC Red at 24174 (para. 186). For a more detailed summary of the DISCO II framework, see
Amendment of the Commission‘s Regulatory Policies to Allow Non—U.S.—Licensed Space Stations to Provide
Domestic and International Satellite Service in the United States, First Order on Reconsideration, IB Docket No. 96—
111, 15 FCC Red 7207, 7209—10 (paras. 4—5) (1999) (DISCO II First Reconsideration Order).
* DISCO II First Reconsideration Order, 15 FCC Red at 7214—16 (paras. 16—20). "ALSAT" means "all U.S.—
licensed space stations." Originally, under an ALSAT earth station license, an earth station operator providing
fixed—satellite service in the conventional C— and Ku—bands could access any U.S. satellite without additional
Commission action, provided that those communications fall within the same technical parameters and conditions
established in the earth stations‘ licenses. See DISCO // First Reconsideration Order, 15 FCC Red at 7210—11 (para.
6). The DISCO II First Reconsideration Order expanded ALSAT earth station licenses to permit access to any
satellite on the Permitted List. DISCO // First Reconsideration Order, 15 FCC Red at 7215—16 (para. 19).
‘" DISCO II First Reconsideration Order, 15 FCC Red at 7215—16 (para. 19).
" See EchoStar Satellite, LLC, Order and Authorization, 20 FCC Red 20083 (Int‘l Bur. 2005) (EchoStar Blanket
Authorization Order).
" EchoStar Blanket Authorization Order, 20 FCC Red at 20089 (para. 14).

                                                          2


                                 Federal Communications Commission                                   DA 07—118


          5. On May 16, 2006, Telesat filed the above—captioned petition for declaratory ruling, seeking to
add the C— and Ku—band payloads of ANIK F3 to the Permitted List. Telesat intends to use these payloads
to provide fixed—satellite services (excluding direct—to—home services) to the U.S. market. Telesat also
requests waivers of three sections of the Commission‘s rules: (1) Section 25.210(a)(3), requiring all C—
band space stations to have the capability to switch polarization sense upon ground command,"" (2)
Section 25.210(i), which states that "[s}pace station antennas in the Fixed—Satellite Service must be
designed to provide a cross—polarization isolation such that the ratio of the on axis co—polar gain to the
cross—polar gain of the antenna in the assigned frequency band shall be at least 30 dB within its primary
coverage area,""" and (3) Section 25.137(d)(4), requiring the posting of a bond for all non—U.S. licensed
satellite systems not currently in orbit.‘" For the reasons set forth below, we grant Telesat‘s petition for
declaratory ruling. We also grant its waiver requests where necessary, with conditions in some cases.‘"

IIL DISCUSSION

A. General Framework and Competition Considerations

         6. We evaluate Telesat‘s petition to place ANIK F3 on the Commission‘s Permitted List under the
framework set forth in DISCO L. Because ANIK F3 is licensed by a WTO Member nation (Canada), and
the services that are included in this petition are covered by the U.S. commitments under the WTO Basic
Telecom Agreement (FSS, except for direct—to—home services), the evaluation presumes that entry by
ANIK F3 will further competition in the United States. There is no evidence to refute this presumption,
and therefore, we conclude that the entry of ANIK F3 into the U.S. market will result in enhanced
competition for fixed—satellite services.

B. Eligibility Requirements

        1. Legal Qualifications

         7. Under DISCO II, the Commission requires non—U.S. space station operators to meet the same
technical, legal and financial qualifications that U.S.—licensed space station operators must meet to obtain
a license." In the EchoStar Blanket Authorization Order, the Bureau determined that Telesat meets the
legal qualifications to offer satellite services in the United States."" Nothing in the record before us in this
proceeding suggests otherwise.

        2. Technical Qualifications

       8. The Commission‘s satellite licensing policy is predicated upon two—degree orbital spacing
between geostationary satellites."" This policy permits the maximum use ofthe geostationary satellite

447 C.F.R. § 25.210(a)(3).
547 C.ER. § 25.2100).
547 CB.R. § 25.137(d)(4).
7 In the EchoStar Blanket Authorization Order, the Bureau conducted a DISCO II analysis only for Telesat‘s Ku—
band operations over ANIK F3. Accordingly, in this Order, we must conduct a complete D/SCO // analysis for
Telesat‘s proposed C—band FSS operations over ANIK F3.
* DISCO II, 12 FCC Red at 24161—63 (paras. 154—59).
© EchoStar Blanket Authorization Order, 20 FCC Red at 20089—90 (para. 16).
* See 47 C.F.R. § 25.140; Licensing of Space Stations in the Domestic Fixed—Satellite Service and Related
Revisions of Part 25 of the Rules and Regulations, Report and Order, CC Docket No. 81—704, FCC 83—184, 54 Rad.
Reg. 2d 577 (released Aug. 16, 1983); summary printed in Licensing Space Stations in the Domestic Fixed—Satellite
Service, 48 F.R. 40233 (1983).
                                                        3


                                  Federal Communications Commission                                      DA 07—118


orbit."‘ All space stations, including non—U.S.—licensed satellites seeking to serve the U.S. market, must
comply with the Commission‘s technical requirements before they will be allowed to enter the U.S.
market." In the EchoStar Blanket Authorization Order, we found that ANIK F3‘s Ku—band operations
complied with all applicable technical requirements. Further, based on our review ofthe technical
information Telesat submitted, we conclude that the ANIK F3 space station‘s C—band operations comply
with all applicable technical rules, except Section 25.210(a)(3)."" Telesat requests a waiver of this rule
and Section 25.210(i) of these requirements."" We discuss Telesat‘s waiver requests below.

                   a. Switchable Polarization

         9. Section 25.210(a)(3) of the Commission‘s rules requires all space stations in the Fixed—
Satellite Service in the C—band to be capable of switching polarization sense upon ground command.""
Telesat acknowledges that ANIK F3‘s C—band payload transmission polarization cannot be reversed from
the ground. It asserts, however, that there is good cause for waiver of this requirement."" According to
Telesat, one purpose of Section 25.210(a)(3) is to enable U.S.—licensed satellites to be operated at more
than one orbit location."" Telesat argues that it will operate ANIK F3 only at orbital locations designated
for Canadian satellites by the 1988 U.8.—Canada—Mexico Trilateral Agreement,"" and so it will not be
necessary to move ANIK F3 to any other orbit location."" Telesat also asserts that another purpose of the
rule is to prevent interference between adjacent fixed—satellite systems transmitting analog TV." Telesat
states that it has completed coordination with satellites adjacent to ANIK F3. Furthermore, Telesat
confirms that ANIK F3 will carry FM video TV signals only on transponders that have been coordinated
for such use."‘ Finally, Telesat states that the Commission waived Section 25.210(a)(3) with respect to
three Telesat satellites in the past."



*‘ See Assignment of Orbital Locations to Space Stations in the Domestic Fixed—Satellite Service, Order and
Authorization, 11 FCC Red 13788, 13790 (para. 6) (1996). Prior to the Commission‘s adoption of the two—degree
spacing policy, satellites in the geostationary satellite orbit were usually spaced three or four degrees apart. By
adopting rules that enabled satellite operators to place their space stations two degrees apart, the Commission was
able to accommodate more geostationary satellites.

* See Amendment of the Commission‘s Space Station Licensing Rules and Policies, First Report and Order and
Further Notice ofProposed Rulemaking, IB Docket No. 02—34, 18 FCC Red 10760, 10872 (para 300) (2003) (First
Space Station Licensing Reform Order).
47 C.FR. § 25.210(a)(3).
* 47 C.FR. § 25.210(i); Telesat Petition at 3.
* 47 CFR. § 25.210(a)().
* Telesat Petition at 3.

*‘ Telesat Petition at 3.
* See Trilateral Arrangement Regarding Use of the Geostationary Orbit Reached by Canada, Mexico, and the
United States, Public Notice (Sept. 2, 1988) (Trilateral Agreement).
* Telesat Petition at 3—4.
* ‘Telesat Petition at 4.
* Telesat Petition at 4.
* Telesat Petition at 3, citing Telesat Canada, Petition for Declaratory Ruling For Inclusion of ANIK F1 on the
Permitted Space Station List, Order, 15 FCC Red 24828, 24835 (Int‘l Bur., 2000) (ANIK FI Order); Telesat Canada,
Petition for Declaratory Ruling For Inclusion of ANIK F2 on the Permitted Space Station List, Order, 17 FCC Red
25287, 25293 (Int‘l Bur., 2001) (4NIK F2 Order); Policy Branch Information, Actions Taken, Public Notice, 20 FCC
Red 12489 (Int] Bur., Sat. Div., 2005) (announcing conditional grant of petition for declaratory ruling regarding ANIK
FIR).
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                                 Federal Communications Commission                                   DA 07—118


        10. The Commission may grant a waiver of its rules only if there is "good cause" for a waiver within
the meaning of Section 1.3 of the Commission‘s rules."" Generally, the Commission may grant a waiver ofits
rules in a particular case only if the reliefrequested would not undermine the policy objective ofthe rule in
question, and would otherwise serve the public interest."* We find that Telesat has shown good cause for a
waiver of Section 25.210(a)(3) as conditioned in this Order. Telesat is correct that Commission requires
polarity—switching capability for two reasons: (1) to provide U.S.—licensed satellites with the flexibility to
operate at different orbital locations, and (2) to mitigate potential interference between adjacent fixed—
satellite systems transmitting analog television signals."" Because Telesat will operate ANIK F3 at a
Canadian orbital position, in accordance with the Trilateral Agreement, and because any reassignment to
another Canadian—designated location falls under Canadian jurisdiction, we agree that it is not necessary
for ANIK F3 to contain polarity—switching capability for reassignment purposes."" Furthermore, Telesat
has already coordinated its analog TV transmissions with adjacent C—band operators serving the U.S.
market, and plans to transmit such signals only on the transponders that have been coordinated for such
use. Since the potential for harmful interference between FSS systems transmitting analog television
signals has been mitigated, there is no need to require ANIK F3 to employ a polarity—switching
capability.""

         11. To ensure that the waiver of Section 25.210(a)(3) we grant here does not undercut the
policies underlying this rule we place two conditions on ANIK F3‘s grant. First, this waiver will remain
in effect only as long as ANIK F3 remains at an orbital location designated as "Canadian" under the
Trilateral Agreement. Second, Telesat is required to operate ANIK F3 in accordance with the
coordination agreementsit has reached with operators of satellites that have been authorized to provide
service to the U.S. market, as well as any future coordination agreements."" We will include these
conditions on the Permitted List with respect to ANIK F3.




®47 CER. § 1.3. For more on "good cause" within the meaning of Section 1.3, see WAIT Radio v. FCC, 418 F.2d
1153, 1157 (D.C. Cir, 1969) (WAIT Radioy; Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir.
1990).
* WAIT Radio, 418 F.24 1153; Dominion Video Satellite, Inc., Order and Authorization, 14 FCC Red 8182, 8185
(para. 5) (Int‘l Bur., 1999) (Dominion Video).
* See, e.g., ANIK F1 Order, 15 FCC Red at 24834—35 (paras. 16—17).
* See ANIK F1 Order, 15 FCC Rod at 24834—35 (para. 16).
* ANIK F1 Order, 15 FCC Red at 24834—35 (para. 16).
* These conditions are consistent with the conditions we placed on the waivers of Section 25.210(a)(3) that we
granted to Telesat with respect to ANIK F1 and ANIK F2. See ANIK F1 Order, 15 FCC Red at 24835 (para. 17);
ANIK F2 Order, 17 FCC Red at 24835 (para. 17).


                                    Federal Communications Commission                                    DA 07—118




                   b. Cross—Polarization


         12. Section 25.210(i) requires space station antennas in the Fixed—Satellite Service to provide
cross—polarization isolation such that the ratio of the on—axis co—polarization gain to the cross—polarization
gain of the antenna in the assigned frequency band shall be at least 30 dB within its primary coverage
area."" Telesat states that it meets the requirements of Section 25.210(i) throughoutits coverage area,
with the exception of Hawaii, and thus requests a waiver ofthis rule."" Our review of the Schedule S and
the antenna pattern contour diagram files included with the ANIK F3 petition,*‘ however, shows that
ANIK F3 meets the 30 dB requirement in all areas, including Hawaii. Thus, we find that a waiver of
Section 25.210(i) is unnecessary, and we dismiss Telesat‘s request for waiver of this rule as moot.

         3. Financial Qualifications

          13. In its First Space Station Licensing Reform Order, the Commission eliminated the financial
requirements then in place and replaced them with a bond requirement." Under this new bond
requirement, any entity awarded a license for a GSO satellite must execute a $3 million bond, payable to
the U.S. Treasury, within 30 days of the date of the license grant. The bond is payable upon failure to
meet any implementation milestone in the license, where adequate justification for extending that
milestone is not provided." Licensees may reduce the amount of the bond upon meeting each
milestone." This applies to both U.S.—licensed satellites and satellites licensed by other countries that
seek to serve the U.S. market."

         14. Telesat seeks a waiver of the bond requirement, asserting that EchoStar has already
submitted a bond for ANIK F3 at 118.7° W.L., and that an additional bond for the same satellite would be
duplicative." We agree with Telesat that it is not necessary to have more than one bond posted with
respect to ANIK F3 to fulfill the purposes ofthe bond requirement. The bond requirement was designed
to discourage speculative satellite applications and expedite service to the public by requiring a financial
commitment to construct and launch a satellite."" If we were to require both Telesat and EchoStar to file a
$3 million bond for ANIK F3, the bond obligations for that satellite would be double the amount
normally imposed."" We see no reason to impose a $6 million bond requirement in cases such as this,
where the only significantdifference between Telesat‘s petition for declaratory ruling and many other

47 C.FR. § 25.210().
* Telesat Petition at 4.
*‘ Telesat Petition at Exhibit I.
* First Space Station Licensing Reform Order, 18 FCC Red at 10826 (para. 170).
* First Space Station Licensing Reform Order, 18 FCC Red at 10826 (para. 170).
* First Space Station Licensing Reform Order, 18 FCC Red at 10826—27 (para. 172).
* First Space Station Licensing Reform Order, 18 FCC Red at 10875 (para. 309).
** Telesat Petition at 5—6. Telesat alternatively argues that its bond amount should be reduced from $3 million to
$750,000, if the Commission determines that a bond is required. See Telesat Petition at 5.
*‘ First Space Station Licensing Reform Order, 18 FCC Red at 10825 (para. 167), 10874—75 (para. 308).
* We note that EchoStar has requested that the Commission reduce the amountofits bond from $3 million to
$750,000, claiming that Telesat has metits first three milestones. See Letter from Philip L. Malet, Counsel to
EchoStar, to Marlene H. Dortch, Secretary, FCC (dated Jan. 19, 2006) (EchoStar Letter). We will consider
EchoStar‘s bond reduction request in a future proceeding.

                                                          6


                                Federal Communications Commission                                  DA 07—118


Permitted List petitions is that Telesat‘s petition was preceded by an application from an earth station
operator seeking to communicate with that satellite. Accordingly, we conclude that Telesat has shown
good cause for a waiver of the bond requirement.

C. Spectrum Availability

         15. In DISCO II, the Commission determined that, given the scarcity of orbit and spectrum
resources, it would consider spectrum availability as a factor in determining whether to allow a non—U.S.
licensed space station to serve the United States."" This is consistent with the Chairman‘s Note to the
Basic Telecom Agreement, which states that WTO members may exercise their domestic
spectrum/frequency management policies when considering foreign entry.""

         16. In the EchoStar Blanket Authorization Order, the Bureau found that there were no spectrum
availability issues present which would preclude granting its request to communicate with ANIK F3 at the
118.7° W.L. orbital location in the Ku—band for DTH services."‘ No objections have been raised with
respect to other Ku—band services or with respect to the C—band. Moreover, Telesat has completed
coordination with the adjacent satellites providing service into the United States. Accordingly, we find
that there are no spectrum availability issues that would preclude us from placing ANIK F3 on the
Permitted List.

D. Other Requirements

         17. As described above, under DISCO II, national security, law enforcement, foreign policy, and
trade concerns are included in the public interest analysis."" The Bureau in the EchoStar Blanket
Authorization Order found no reason for any such concerns with respect to Telesat and ANIK F3."
Nothing in the record before us raises any such concerns in connection with Telesat‘s pending
application.

         18. In the First Space Station Licensing Reform Order, the Commission adopted generic
milestone requirements covering various stages in the space station procurement/licensing process from
contract execution to launch and operation, and emphasized that those milestones apply to non—U.S.—
licensed satellites providing service in the U.S. market."" We have already imposed a set of milestonesto
ANIK F3." Accordingly, we condition the placement of ANIK F3 on the Permitted List upon Telesat
meeting the milestone schedule set forth in the EchoStar Blanket Authorization Order.""

IV. ORDERING CLAUSES

        19. Accordingly, IT IS ORDERED that, pursuant to Sections 303(r), 308, 309, and 310 of the
Communications Act of 1934, as amended, 47 U.S.C. § 303(r), 308, 309, 310, and Sections 0.261 and
25.137(c) of the Commission‘s rules, 47 C.F.R. §§ 0.261, 25.137(c), the Petition for Declaratory Ruling

* DISCO II, 12 ECC Red at 24159 (para 150).
® See DISCO II, 12 FCC Red at 24157—59 (paras. 146—150).
*‘ EchoStar Blanket Authorization Order, 20 FCC Red at 20093 (paras. 25—26).
* DISCO II, 12 FCC Red at 24170—72 (paras. 178—182).
* EchoStar Blanket Authorization Order, 20 FCC Red at 20093 (para. 27).
* First Space Station Licensing Reform Order, 18 FCC Red at 10875 (paras. 311—12); 47 C.F.R. § 25.164(a),
25.137(d)(1).
* EchoStar Blanket Authorization Order, 20 FCC Red at 20092—93 (para. 26).
* EchoStar Blanket Authorization Order, 20 FCC Red at 20092—93 (para. 26).
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                                 Federal Communications Commission                            DA 07—118


filed by Telesat Canada, File No. SAT—PPL—20060516—00061, to add the ANIK F3 satellite at 118.7°
W.L. orbital location to the Permitted Space Station List is GRANTED, and each U.S.—licensed earth
station with "ALSAT" designated as a point of communication IS GRANTED authority to provide Fixed
Satellite Services (FSS), excluding Direct—to—Home Service, in the 3700—4200 MHz, 5925—6425 MHz,
11.7—12.2 GHz and 14.0—14.5 GHz frequency bands, to, from, or within the United States, by accessing
the ANIK F3 satellite at the 118.7° W.L. orbital location, subject to the conditions below.

          20. IT IS FURTHER ORDERED that, unless extended by the Commission for good cause
shown, ANIK F3 shall be removed from the Permitted Space Station List in the event the space station is
not constructed, launched, and successfully placed into operation in accordance with the technical
parameters in its Petition for Declaratory Ruling and the terms and conditions ofthis Order, by the dates
set forth in EchoStar Satellite, LLC, Order and Authorization, 20 FCC Red 20083 (2005). These are:

    (a)   Execute a contract for construction:        December   20,   2006
    (b)   Complete Critical Design Review:            December   20,   2007
    (c)   Commence Physical Construction:             December   20,   2008
    (d)   Launch:                                     December   20,   2010

        21. IT IS FURTHER ORDERED that Telesat Canada‘s request for waiver of Section
25.210(a)(3) of the Commission‘s rules, 47 C.F.R. § 25.210(a)(3), is GRANTED, subject to the following
conditions:

    (e) This waiver will remain in effect only as long as ANIK F3 remains at an orbital location
        designated as Canadian under the Trilateral Arrangement.
    (f) Telesat is required to operate ANIK F3 in accordance with the coordination agreements it has
        reached with operators ofsatellites that have been authorized to provide service to the U.S.
        market, and any future coordination agreements.

         22. TT IS FURTHER ORDERED, pursuant to Section 1.3 of the Commission‘s rules, 47 C.F.R. §
1.3, that Telesat Canada‘s request for waiver of Section 25.210(i) of the Commission‘s rules, 47 C.F.R. §
25.210(i), is DISMISSED AS MOOT.

         23. IT IS FURTHER ORDERED, pursuant to Section 1.3 of the Commission‘s rules, 47 C.F.R. §
1.3, that Telesat Canada IS GRANTED a waiver of Section 25.137(d) of the Commission‘s rules, 47
C.F.R. § 25.137(d), to the extent necessary to relieve Telesat Canada of the requirement to post a bond
with respect to its ANIK F3 satellite.

          24. This Order is effective upon release.




                                         p/——
                                           FEDERAL COMMUNICATIONS COMMISSION



                                           Robert G. Nelson,
                                           Chief, Satellite Division
                                           International Bureau



Document Created: 2007-01-19 12:12:58
Document Modified: 2007-01-19 12:12:58

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