Attachment request

request

REQUEST submitted by The Administration of Columbia on behalf of Andean Satellite Assoication(ASA)

request

2008-03-13

This document pretains to SAT-PPL-20071113-00159 for Permitted List on a Satellite Space Stations filing.

IBFS_SATPPL2007111300159_634200

FIl.ED!ACCEPTED APR - 1 2008 Federal Cominunications Commission Office of the Secretary Mr. Kevin J. Martin Chairman FE3ERkl. COMMJNI CAT10 NS COMMI S5IO E\! FCC 445 12th Street SW Washington, DC 20554 United States of .4rne::ca Reference: !n the Matter of STAR ONE S.A.,Petition for Declaratory FZuling For Inclusion of Star One C5 on the Permitted Space Station List, File No. SAT-PPL-20071I1 3-00159 REQUEST FOR CLARIFICATION OR, IN THE ALTERNATIVE, FOR RECONSIDERATION The Administration of Colombia, acting as the Notifying Adininistration before the ITU of the Andean Satellites Association -%A- (ASA belongs to the Andean Community of Nations, which includes: Bolivia, Colombia, Ecuador: and Peru, collectively referred io herein as the “Andean Community”), and or? behalf of the administrations of the Andean Community members, hereby requests that the International Bureau of FCC clarifies the conditions attached to the grant d Star One S.A.‘s petition to add the Star One CS satellite at the 6 8 O \&.L. orbital location to the Permitted Space Station List (the “Permitted List”‘). That grant already includes a condition requiring that the Star One C5 operate in ccltnpliance with coordination agreements reached between its licensing administration (6raiilj and other administrations. The Andean Community requests that. coqsstent with past precedent , ihc Burcau clarifies that this condition includes the corollary that, if a sateililu rietwork wltb higher [TU prority y e s into cperaton. and in the absence of a coordination

The Andean ~ ~ ~ interest ~ in this u proceeding n ~ arises t from~ their~ /TU filing tor the SlhrlON BOLIVAR 2 satellite network -S82-, at the 67' Vi L vrbital fomtiun The Commission has lung been sfware of this rletsvtlrk. and i7 fx:allowed mudificafian ot oiic3 of 4s o'wi Irusnscs to 'aciiitzttt? coordmtioii with it' This network was filed wth the prior tu the Branitan f4ling urider irdircfi Star One C5 will operate. hiloreover, in Navember X 0 1 , tho rcxoqt 1TtJ Worfc: Radiocornn..unications Carzference C-C07)t approvorf an extension of ths 17% priority for the A~nicanfiltng through September 17. 2010 Although thew :s no satellite currently operating urrdcf the 582 filing. t4c Andean ~ ~ r nis activeiy ~ ~ ~ ~ i t ~ negotiating with industry players in this regard and has every exvectation that the Ancean filing will be brought into use and fully operational befare September 2010, To bc cFcar, bocausc thcrc is no satc91it.c currcntly opcrating at 68" Kl,,and coordination with Rrazil is ongoing, the Andean Comniinity does not object to :he Bureau's decisian to place Star Qne C5 on the Pcrrnitfed List f3r thc timc being. The Cntnrnission has made clear that. in such a situatxm, 4 ivoufd pernlit the lower priority network to access the US. markat if the higher priority satclfite has nat been launched In t3at case, the lower priorsty satellite w ~ ~ i lbe d authorized t~ access the U.S. market subject to proof of ~ ~ o ~ ~with i nthe~ fiig'ler t ~ ~priority n satellite, Absent such a demonstrsttron, the lower pnurrty sa'telftte kvtzi~ldbe required to cease service to the US. market ~~~~~~a~~~~ upon launch and operafxm of the higher priority satellite, or be subject to further coniJitrwts rlesrynerj to address potential harrrrful trrterference !O a satellite with I I'U pret;eden;;e ' Fnr ths rt?;rlSt)rt, the Aqdean Cornmunity did not comment on Star One's petition. tiowever. given this policy and the Coninissen's a'sdareiiess of the ctsmpetiyg SR? filirq, the Andcao Cotnniunity anticipated that a y grant of that petition imlrla iticIujc canditions explictt/y rol;oyrttzirtg the rrgtits of ottiw sateliite rrctwtsrks with ITU daic priority and sethng forth the effect nn market access should such a nctwnrk begin operations HIthe absence of a ccrsrdinattoti agreeniant for S:ar One CS ....... .. .. ... . . , . t

The Bureau has takcn :his a p p r m h ir the past w k n presented with a non-U S system with ITU priority 8t a nearby orbital locatim. Fur example in placing what was then known as Loral's Telstar 13 satellire on thc Pcrmtttcd List, the Bureau imposed three cotlditiotis related to internationalcoordination: I. Loral SpaceConi Corp.3 operafion of Tdsfar 13 shall be iri ci;mpliance wiU? applicable curreiit a d future operational rfJqriitemenfs as 3 result of coordha tion agreements reached wifh other satellit e systems. 2. In the absence of a coorditiafio,?agreement wifl; a satellite network mth Irig!?er /TUpriority, 7eMar 13 niust cease seivice to fhe U.S. market irnmediate!y upo/~ laufich a i d operation of the higher /TU priority satellite, or be subject to further conditions designed tc address poterifial harmdul infefierence to a satellife with ITU date precedence 3. In the absence of a coordination agreemen; with R satellite network wth higher /TU prioety. earth statim kensees communmting wifh Pelstar I,? nwsf terminate in?medmfe/yany operations t/rat cause harnifirl interferec~e.~ The Bureau stated tha! these conditions struck an approariate balance given that both Loral 2nd the operator with higher ITU priority irltended to provide service but the higher-priority satellite was not yet ready for Iatmch5. The authorization granted to Star One rn this proceedincj includes a condition similar to the first one listed above from the Loral SpaceCom order'. Arguably, the other two conditions listed above are nothing but the necessary ccnseqhences of the first condition, especially in light of the Commission's stated polrcy n the Space Station Reform 0:der Nonetheless, given the proximity of the Brazilian and Andean netvdorks 68>and 67' W.L. respectively, and the demonstrated intent ;o bring bath networks into use (including service to the U S A 1, the Andean Community believes it would be best for all par?iesif the coordination aspects were spelled out more definitively in the grant. Accordingly, the Andean Community requests :hat the Cornmissor! clarify t% Star One grant by amending Condition 2 to read as follows

it if n 128 For the foregoing reasons, the Avdean Community requests that !fie Rureau expedttiously issue an order clarifying the ccinditrans applicable to Star Ow's entry OR the Permitted List as set forth abwe. In the aknative, If the Bureau dotermintss that the relief requested herein is more appropriately handled as a reconsideration of its prior grant, the Andean ~ o ~ requests ~ uthatnr ~~ ~ ~# n~ sccrnsrstent i ~ ~ ~ ~ ~ i ~ ~ with the arguments stated herein be granted. Sincerely. Mhister of Communications Republic cf Cdombia

CERTIFICATE OF SERVICE AIfred Mamlet Sleptoe 8( Johnmn LLP 1330 Connodcut Avcnuc, N,W. Washington. DC 2OO36-1795,United States of Arnwca Helen Domenici Chief, IntornationalBureau Federal Comiwnicattuns Cammission 445 12th Street SW Washington. DC 20554, Unitd States of America Ambassador David Gross Coordinator for !nternational Carncnunioatron and Inforntalion Policy Bureau of Economic, Energy, and Business Affairs U S Department of State 3101 0 St., NW,Room 6333 Washington, D.C. 20520-5820, United States of Arnerica Or. Freddy Ehlers Zurita Secretary Generat Andean Community of Nations A;‘. Paseo de la Repbbiica 3895. San lsidro lima - Parlj Joaquin Restrepo InternationalAffairs Advisor Ministry of Communications Calk 13 X Cra 8a: Ed. Muritlo Toro, Piso 4‘: Bogota .D.C., Colombia Sent by Federal Express


Document Created: 2008-04-02 14:04:13
Document Modified: 2008-04-02 14:04:13
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