Attachment DA 09-894

DA 09-894

DECISION submitted by IB,FCC

DA 09-894

2009-04-22

This document pretains to SAT-PPL-20081203-00219 for Permitted List on a Satellite Space Stations filing.

IBFS_SATPPL2008120300219_709041

                                ‘Federal Communications Commission
                                          Washington, D.C. 20554 _




                                                                                                   DA 09—894
                                                    April22, 2009

Mr. Donald M. Jansky
Jansky—Barmat Telecommunications, Inc.
1120 19"" Street, N.W.
Washington, D.C. 20036—3614

                  Re:    HISPAMAR SATELITES, S.A., Petition for Declaratory Ruling to add the
                         AMAZONAS—2 Satellite at 61° W.L. to the Commission‘s Permitted Space
                         Station List, IBFS File No. SAT—PPL—20081203—00219 (Call Sign: $2779)

Dear Mr. Jansky:

         On December3, 2008, HISPAMAR SATELITES, S.A. (HISPAMAR) filed the above—captioned
Petition for Declaratory Ruling to add the AMAZONAS—2 satellite, which is licensed by Brazil, to the
Commission‘s Permitted Space Station List.‘ On April 2, 2009, the Satellite Division dismissed the petition
as defective for failure to provide the link budgets for the AMAZONAS—2 satellite required by Section
25.114(d)(4) of the Commission‘s rules* and for failure to provide a complete orbital debris mitigation plan
for the satellite as required by Section 25.114(d)(14) of the rules."

        Upon further review, we find that HISPAMAR did supply link budgets for the satellite as
attachments to its petition, but that these attachments did not appear as part of the petition due to a
transcription error in the International Bureau‘s Filing System (IBFS). As a result, we conclude that the
petition provides the link budget information and that failure to provide the information required by Section
25.114(d)(4) is no longer a ground for dismissal.

          We confirm, however, that HISPAMAR‘s petition does not provide the complete technical
information concerning the orbital debris mitigation plans for the AMAZONAS—2 satellite that is required by
Section 25.114(d)(14) of the Commission‘s rules. Although HISPAMAR provides certain information about
its plans to prevent the AMAZONAS 2 satellite from becoming a source of orbital debris, it does not provide
all the information required by sub—parts (i) through (iv) of Section 25.114(d)(14). Accordingly,
HISPAMAR‘s petition remains incomplete, as was described in the April 2 dismissal letter.




‘ The Commission‘s Permitted Space Station List comprises all satellites with which United States earth stations, with
"routinely" authorized technical parameters and operating in the conventional C— or Ku—bands, are permitted to
communicate, without additional Commission action.
2 47 CFR. § 25.114(d)(4).
3 47 C.F.R. § 25.114(d)(14).


                                      Federal Communications Commission                          DA 09—894




         In addition, although not a ground for dismissal, we request HISPAMAR to clarify, in any re—filing,
the status of AMAZONAS—1. AMAZONAS—1 is a Ku—band satellite that is currently located at the 61° W.L.
orbital location. This is the same location at which HISPAMAR intends to operate AMAZONAS—2A In
particular, we request HISPAMAR to clarify any plans to de—orbit AMAZONAS—1 or to co—locate it with
AMAZONAS—2.                                                          |
     Accordingly, we affirm the dismissal of HISPAMAR‘s petition to add the AMAZONAS—2 satellite
to the Commission‘s Permitted Space Station List, without prejudice to HISPAMAR re—filing the petition
with the missing orbital debris mitigation information. If you have any questions regarding this letter, please
contact either Stephen Duall, (202) 418—1103, or Kathyrn Medley, (202) 418—1211, of my staff.



                                                                     Sincerely,

                                                                    \//L%_—/Whmw
                                                                      /«7

                                                                     Robert G. Nelson
                                                                     Chief, Satellite Division
                                                                     International Bureau




* See Petition for Declaratory Ruling to Add the AMAZONAS—2 Satellite at 1.



Document Created: 2009-04-22 15:42:48
Document Modified: 2009-04-22 15:42:48

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