Attachment S2404

This document pretains to SAT-STA-20011120-00099 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2001112000099_271950

Federal Communications Commission Washington, DC 20554 International Bureau April 24, 2002 Jennifer D. Hindin Esq. Wiley Rein & Fielding LLP I 776 K Street NW Washington, DC 20006 Re: Request for Special Temporary Authority for lntelsat 805: Call Sign: S2404: File No. SAT-STA-20011120-00099 Dear Ms. Hindin: This letter is in response to your request for special temporary authority (“STA”) for 30 days to allow Intelsat LLC (“Intelsat”) to operate its INTELSAT 805 satellite in the 12.7-32.75 GHz frequency band, and corresponding waiver of Sections 2.106 and 25.202(a)( 1) of the Commission’s rules.’ 47 C.F.R. $4 2.106,25.202(a)(l) On .4ugust 8,2000, we granted Intelsat authority to operate INTELSAT 805 at its current 55.5” W.L. orbital location, as a U.S. licensee, in Regions 1 and 3 in the 12.5-12.75 GHz frequency band.’ Due to a customer’s request for service in Region 2 in the 1 2.7- 12.75 GHz frequency band. Intelsat seeks authority to provide Fixed-Satellite Service (FSS) in this band in the space-to-Earth transmission direction on a special temporary basis for a period of 30 days. Intelsat recognizes that 12.7-12.75 GHz is not allocated to the FSS for downlink transmissions. nor do the Commission’s satellite service rules identify 12.7-12.75 GHz as available for use by FSS in the space-to-Earth direction.3 Intelsat therefore requests that the Commission waive these rules to permit Intelsat’s proposed non-conforming use of the 12.7- 12.75 GHz band. I See Letter from Jennifer D. Hindin, Counsel for Intelsat LLC, to Magalie Roman Salas. Secretary, FCC (November 20,200l) (requesting Special Temporary Authority for 30 days to allow Intelsat to operate the INTELSAT 805 satellite in the frequency band 12.7 - 12.75 GHz.) File No. SAT-STA 20011120-00099 (November 20,200l). See also Letter from Jennifer D. Hindin, Counsel for lntelsat LLC, to Magalie Roman Salas, Secretary. FCC (December 4,200l) (requesting waiver of Sections 2. IO6 and 25.202(a)( 1) of the FCC rules for purposes of STA request). 1 Intelsat was also given authority to operate INTELSAT 805 in the 14.0-14.25 GHz frequency band. See Applications of Intelsat LLC For Authority to Operate, and to Further Construct, Launch and Operate C-Band and Ku-Band Global Satellites That Form a Global Communications System in Geostationary Orbit, 15 FCC Red 15460 (2000) (Memorandum Opinion Order and Authorization), recon. denied, 15 FCC Red 25234 (2000), further proceedings, 16 FCC Red 12280 (2001) (Intelsat LLC Orders). See also Intelsat LLC Application for C-Band and Ku-Band Global Satellite System Volume II. Annex 1 at I I, January 18, 2000. 3 See 47 C.F.R. $$ 2.106 and 25.202 (a)(l), respectively.

Section 25.120 of the Commission’s rules gives the Commission authority to grant special temporap’ authorization (STA), “upon finding that there are extraordinary circumstances requiring temporary operations in the public interest and that delay in the institution of these temporary operations would seriously prejudice the public interest.” The rule further states that -‘convenience to the applicant, such as marketing considerations of meeting customer in-service dates. will not be deemed sufficient for this purpose.“’ In its STA request, Intelsat states that the public interest will be served by granting this request because it will allow Intelsat to meet business requirements at 55.5” W.L. By the rule’s terms, these business requirements do not justify a grant of special temporary authority. Section 1.3 of the FCC rules authorizes the Commission to waive its rules if there is “good cause” to do SO.~ Waiver is appropriate if (1) special circumstances warrant a deviation from the general rule. and (2) such deviation would better serve the public interest than would strict adherence to the general rule.’ Circumstances that would justify a waiver include “considerations of hardship. equity. or more effective implementation of overall policy.“* Generally. the Commission may grant a waiver of its rules in a particular case only if the relief requested would not undermine the policy objective of the rule in question. and would otherwise serve the public interest. Intelsat sets forth a number of reasons why good cause for the waiver of Section 25.120 of the Commission’s rules exists. First, it claims that serving this customer will allow it to fill previously unused capacity on its satellite located at 55.5” W.L. Second, Intelsat states that this will expand the presence of U.S. satellite operators in Latin America. Finally, it claims that granting this request will allow the public interest to be served because it will allow Intelsat to meet business requirements at 55.5’ W.L. 4 47 C.F.R. $25.120. 5 Id. 6 See Section 1.3 of the Commission’s Rules, 47 C.F.R. 9 1.3. See also WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969) (WAIT Radio); Northeast Cellular Telephone Co. v. FCC, 897 F.2d I I66 (D.C. Cir. 1990) (Northeast Cellular). 7 Northeast Cellular, 897 F.2d at 1166. See also Comsat Corporation, Petition for Partial Relief from the Current Regulatory Treatment of Comsat World Systems’ Switched Voice, Private Line, and Video and Audio Services, Order, 11 FCC Red 9622,9625 (para. 10) ( 1996): Petition of General Communications, Inc. for a Partial Waiver of the Bush Earth Station Policy, Memorandum Opinion and Order, 11 FCC Red 2535,2536 (para. 4) (Int’l Bur. 1996). 8 WAIT Radio, 4 18 F.2d at 1159.

In applying the \vai\,er standard to Intelsat’s case. \\ e do not find that the Ax\\ e reasons mtxt the level of hardship or special circumstances required in justie ing a \\ai\ er. Because \\e do not tind rha: Intelsat has justified a \+,aiver of Section 3.120 of the Commission’s rules. \\e need not consider its rcquwr for a Lvaiver of the Table of Frequency Allocations to permit the proposed non-~onf~~rmin~ use. .Accordin&. pursuant to Section 0.16 1 of the Commission’s rules on delegated author-it! 1- C.F.R. $0.26 1. Intelsat’s request for Special Temporap Authorit! (S.AT-ST.A-‘00 1 1 1 ‘&Oo[)W) I~ Denied. Chief Satellite Di\,ision


Document Created: 2002-08-19 12:12:33
Document Modified: 2002-08-19 12:12:33
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