Attachment grant

grant

DECISION submitted by FCC,IB

grant

2005-04-06

This document pretains to SAT-STA-20050325-00076 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2005032500076_426505

Approved by OMB 3060-0678 - 2 7 I I ~ c j5-/ Date & Time Filed: Mar 25 2005 5:36:27:200PM File Number: SAT-STA-20050325-00076 Callsign: FEDERAL COMMUNICATIONS COMMISSION / APPLICATION FOR SPACE STATION SPECIAL TEMPORARY AUTHORITY i FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: SN--4 STA Request 3/2005 1. Applicant Name: SES Americom, Inc. Phone Number: 609-987-4000x4187 DBA Name: Fax Number: 609-987-4233 Street: 4 Research Way E-Mail: nancy.eskenazi@ses-americom. corn City: Princeton State: NJ Country: USA Zipcode: 08540 - Attention: Ms. Nancy J. Eskenazi 1

Attachment Conditions of Authorization - SAT-STA-20050325-00076 Call Sign KS49 April 7,2005 1. SES Americom, Inc.'s (SES Americom's) application, File No. SAT- STA-20050325-00076,for Special Temporary Authority IS GRANTED and SES Americom is authorized for a period of 60 days commencing on April 6,2005l to change the coverage area of the SN-4 spacecraft, Call Sign KS49, by repointing the satellite northward, in accordance with the terms, conditions, and technical specifications set forth in its application, this Attachment and the Federal Communications Commission's Rules. 2. No harmful interference shall be caused by SN-4 satellite to any other lawfully operating in-orbit satellite and operations of the SN-4 satellite shall cease immediately upon notification of such interference, 3. SES Americom is required to accept interference into SN-4 from other lawfully operating in-orbit satellites. 4. This special temporary authority is issued pursuant to Section 0.261 of the Commission's rules on delegated authority, 47 C.F.R. 0 0.261, and is effective upon release. 'Authorization was initially granted verbally by Roderick Porter, Deputy Bureau Chief, International Bureau on April 6,2005.

2. Contact Name: Karis A. Hastings Phone Number: 202-637-5767 Company: Hogan & Hartson L.L.P. Fax Number: 202-637-5910 Street: 555 Thirteenth Street, NW E-Mail: KAHastings@HHLaw.com City: Washington State: DC Country: USA Zipcode: 20004 -1109 Contact Relationship: Legal Counsel Title: (If your application is related to an application filed with the Commission, enter the file number below.) 3. Reference File Number 4a. Is a fee submitted with this application? IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). 0 Governmental Entity Q Noncommercial educational licensee 0 Other(p1ease explain): lb. Fee Classification CRY - Space Station (Geostationary) i. Type Request Q Change Station Location Q Extend Expiration Date @ Other p. Temporary Orbit Location 7. Requested Extended Expiration Date 2

8. Description See (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) Att. 1 1 9. By checkingyes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti-Drug Act of 1988, 0 No 2 1 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. See 47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes. 10. Name of Person Signing 1 1. Title of Person Signing Nancy J. Eskenazi Vice President & Associate General Counsel Attachment 1: Att. 1 Attachment 2: Attachment 3: WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Title 18, Section IOOl), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 3 12(a)(l)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). 3

FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. If you have any comments on this burden estimate, or how we can improve the collection and reduce the burden it causes you, please write to the Federal Communications Commission, AMD-PERM, Paperwork Reduction Project (3060-0678), Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects of this collection via the Internet if you send them to jboley@fcc.gov. PLEASE DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember --You are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-0678. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104-13, OCTOBER 1,1995,44 U.S.C. SECTION 3507. 4

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Application by 1 ) SES AMERICOM, INC. ) File No. SAT-STA- ) For Special Temporary Authority to ) Repoint Satcom SN-4 and Use Satcom SN-4 ) For Service Over Water Areas of ITU Region 1 ) EXPEDITED ACTION REQUESTED APPLICATION OF SES AMERICOM, INC. SES Americom, Inc. (“SESAmericom”) hereby respectfully requests special temporary authority for a period of sixty days to (1)change the coverage area of Satcom SN-4 by repointing the satellite northward and (2) provide Ku-band service using Satcom SN-4 over water areas of International Telecommunication Union (“ITU’) Region 1on a non-harmful interference basis. SES Americom seeks this authority pending action on its previously-filed request for modification of the Satcom SN-4 license to authorize these changes in the operation of Satcom SN-4.l Grant of the instant application will serve the public interest by facilitating the initiation of new services and will not adversely affect any other party. SES 1 See File No. SAT-MOD-20050325-00075 (the “SN-4Modification Application”). The SN-4 Modification Application also seeks authority to increase the East/West stationkeeping tolerance of the spacecraft and to perform deorbit maneuvers at the end of the spacecraft’s life, but SES Americom does not seek special temporary authority for those elements of the modification filing. \

Americom seeks expedited action on this application because SES Americom’s customer needs to commence testing of services using Satcom SN-4 on April 1. Satcom SN-4 is a C/Ku-band satellite that is licensed to operate at the 172” E.L. orbital position.2 Satcom SN-4 will be replaced at that location by AMC- 23, which is scheduled to be launched late this year. SES Americom has been asked by its customer, the Boeing Company (“Boeing”), to seek authority for certain changes in the operation of Satcom SN-4 to permit the spacecraft to be used for the Connexion by Boeing service offering pending launch of AMC-23. Specifically, Boeing intends to use Ku-band capacity on Satcom SN-4 to provide aeronautical mobile satellite service in the Pacific Ocean Region on a n interim basis. I n order to provide coverage in the area where Boeing requires service, Satcom SN-4 will need to be reoriented northward, resulting in a shift of the satellite’s service contours. The coverage area over which Boeing will be providing service includes water areas of ITU Region 1, so SES Americom seeks authority to serve this portion of Region 1 on a non-harmful interference basis. Initially, Boeing will be using Satcom SN-4 capacity to offer service to foreign-registered aircraft. This service is scheduled to begin April 15, and testing prior to commencement of service needs to occur beginning April 1. SES Americom seeks expedited action on the instant application to accommodate this schedule. 2 SES Americom, Inc., DA 04-1581 (Sat. Div. rel. May 27, 2004). 2 \

Grant of the requested authority will not adversely affect any other operators. The SN-4 Modification Application provides full technical support for the proposed changes. In particular, it demonstrates that the repointing of the spacecraft will not materially change the interference environment for adjacent spacecraft. SES Americom has already completed coordination of the proposed changes with one of the adjacent operators and has initiated coordination discussions with the other operator. The technical appendix also includes a n analysis showing that Satcom SN-4 complies with the power flux density limits \- applicable under ITU requirements. SES Americom hereby certifies that no party to this application is subject to a denial of federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. 3 862. SES Americom waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and requests a n authorization in accordance with this application. SES Americom seeks temporary authority for these changes in the operation of Satcom SN-4 pursuant to the following conditions: (a) No harmful interference will be caused to any lawfully operating satellite network or radio communication system and SES Americom operations will cease immediately upon notification of harmful interference. Further, SES Americom shall notify the Commission in writing that it has received such a notification within 14 days of receipt. 3 \

(b) SES Americom will accept interference from any lawfully operating satellite network or radio communication system. (c) Any action taken or expense incurred as a result of operations pursuant to this special authority is solely at SES Americom's own risk. (d) The authorization is subject to change in any of its terms or cancellation in its entirety at any time upon reasonable notice, but without hearing, if in the opinion of the Commission circumstances require. (e) The authorization is without prejudice to any action the Commission might take on SES Americom's pending application for modification of the Satcom SN-4 license, File No. SAT-MOD-20050325-00075. For the foregoing reasons, SES Americom seeks authority for a period of sixty days to repoint Satcom SN-4 toward the north and to provide service using Satcom SN-4 over water areas of Region 1 on a non-harmful interference basis. SES Americom requests expedited action on this application. Re spectfully submitted, SES Americom, Inc. By: / s / Nancy J. Eshenazi Nancy J. Eskenazi Of Counsel Vice President and Peter A. Rohrbach Associate General Counsel Karis A. Hastings SES Americom, Inc. Hogan & Hartson L.L.P. Four Research Way Washington, D.C. 20004-1109 Princeton, N J 08540 Tel: (202) 637-5600 Dated: March 25, 2005 4 \

Carlos Nalda 1330 Connecticur Avenue, NW 202.429.6489 Washington. DC 20036-179s cnaldaQsteptoe.com Tel 202,429,3000 Fax 202.429.3902 steptoe.com April 6, 2005 VIA HAND DELIVERY Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, N.W. Washington, D.C. 20554 Re: WRITTEN EX PARTE PRESENTATION File No. SAT-STA-20050325-00076 Application of SES Americom, Inc. for Special Temporary Authority To Repoint Satcom SN-4 Dear Ms. Dortch: The Boeing Company (“Boeing”) submits this letter to further supplement the record in the above-captioned application proceeding. Earlier today representatives of Boeing, SES Americom, Inc. and Intelsat held a teleconference to discuss coordination of the Satcom SN-4 satellite at 172”Eand the 1-605 satellite at 174”E. Pursuant to these discussions, Intelsat and SES Americom have agreed that the operations of Satcom SN-4 proposed in the application for Special Temporary Authority (“STA”) have been coordinated (SES Americom and Intelsat will execute a separate coordination agreement) and that Intelsat does not object to grant of the STA. They also agreed that Boeing should submit this notification to the Commission staff. Please feel free to contact the undersigned with any questions regarding this submission. Respectfully submitted, Counsel f o r The Boeiizg Company cc: Nancy J. Eskenazi Peter A. Rohrbach Vice President and Karis A. Hastings Associate General Counsel Hogan & Hartson L.L.P. SES Americom, Tnc. 555 Thirteenth St., NW Four Research Way Washington, DC 20004- 1109 Princeton, NJ 08540 Coiinsel.for SES Anzericom, Inc. WASIIINCTON NE\V t O R K PHOENIX LOS AYCCLCS LONDON - BRUSSELS -- .

Carlos Nalda 1330 Connecticut Avenue, NW 202.429.6489 Washington. DC 20036-1795 cnaIda@steproe.com Tel 202.429.3000 Fax 202 429.3902 steptoe.com April 6, 2005 VIA HAND DELIVERY Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, N.W. Washington, D.C. 20554 Re: WRITTEN EX PARTE PRESENTATION File No. SAT-STA-20050325-00076 Application of SES Americom, Inc. for Special Temporary Authori ty To Repoint Satcom SN-4 Dear Ms. Dortch: The Boeing Company (“Boeing”) submits this letter to further supplement the record in the above-captioned application proceeding. On March 25, 2005, SES Americom, Inc. filed an application for Special Temporary Authority (“STA”) requesting authority to repoint the Satcom SN-4 satellite and provide Ku-band service over water areas of International Telecommunication Union (“ITU”) Region 1.’ Grant of the STA application will enable SES Americom to provide Boeing with Ku-band satellite capacity for the Connexion by BoeingSMsystem to provide interim Pacific Ocean region (“I- POR”) coverage pending launch of the AMC-23 satellite later this year. On March 29, 2005, Boeing filed an expnrte letter in support of SES Americom’s STA application and related modification application.’ On March 3 1, 2005, Boeing submitted additional See Application of SES Amencorn, Inc. for Special Temporary Authority to Repoint Satcom SN-4, File No. SAT-STA-20050325-00076 (filed March 25, 2005). SES Americom also filed an accompanying modification application seeking, among other things, permanent authority for operational changes requested in the STA application. See Application of SES Americom, Inc. for Modification of Satcom SN-4 Fixed Satellite Space Station License, File No. SAT-MOD-20050325- 0007.5 (filed March 25, 2005). ’See Letter to Marlene H. Dortch from Carlos M. Nalda, File Nos. SAT-STA-2005032.5-00076 and SAT-MOD-20050325-00075 (dated March 29,2005). W/\SllINC;TON N E W YORK PHOENIX LOS ANGELES LONDON BRUSSCLS

Marlene H. Dortch April 6, 2005 Page 2 information regarding the pressing need for STA authority and the extraordinary circumstances justifying grant of SES Americom’s STA application.’ This letter provides further public interest reasons for granting the requested STA. Section 302(f) of the Communications Act provides the Commission with authority to grant temporary authorizations where such temporary operations are in the public interest and delay in operation would prejudice the public i n t e r e ~ t .Section ~ 25.120 of the Commission’s Rules governs temporary authority to operate satellite communications facilities such as the Satcom SN-4 satellite.’ An STA request must contain the full particulars of the proposed operations, including facts sufficient to justify the temporary authorization sought and the public interest therein.‘ “Convenience to the applicant, such as marketing considerations or meeting scheduled customer in-service dates, will not be deemed sufficient” for purposes of granting an STA r e q ~ e s t . ~ In applying the STA standard in the context of satellite facilities, the Commission has looked to the public interest benefits associated with the proposed service generally and to the specific public benefits of the proposed temporary operations. For example, in granting Satellite Digital Audio Radio Service (“SDARS”) licensees temporary authority to operate terrestrial repeaters, the Commission acknowledged the many public interest benefits that SDARS can provide and the need for complementary terrestrial repeaters to help implement the service.* In addition, the Commission granted Iridium temporary authority to operate in additional “Big LEO” MSS spectrum to provide communications services to support U.S. government operations in the Middle East regions9 SES Americom has provided the full particulars of its proposed temporary operations in its STA application. In addition to the public interest information already in the record, Boeing would highlight See Letter to Marlene H. Dortch from Carlos M. Nalda, File Nos. SAT-STA-20050325-00076 (dated March 3 1, 2005). 47 U.S.C. 4 302(f). ’47 C.F.R. 3 25.120. ‘47 C.F.R. 3 25.120(a). 47 C.F.R. 0 25.120(b). See XM Radio, Inc. and Sirius Satellite Radio Inc. Requests for Special Temporary Authority, Order arid Authorization, 19 FCC Rcd 18140 (Sat. Div., Int’l Bur. 2004) at ’j[ 6. 0 See Iridium Constellation, LLC and Iridium, US LP Request for Temporary Authorization, v[ Order, 18 FCC Rcd 11564 (Sat. Div., Int’l Bur. 2003) at 10. e . . .. . . .. .- . .

Marlene H. Dortch April 6, 2005 Page 3 additional factors justifying grant of the requested STA. First, in granting numerous earth station licenses and experimental authorizations to operate the Connexion by BoeingSMAeronautical Mobile- Satellite Service (“AMSS”) system in Ku-band frequencies, the Commission has recognized the public interest benefits of Boeing’s AMSS service.” Moreover, in adopting the global secondary Ku-band AMSS allocation domestically, the Commission recognized that AMSS represents and important new use of the 14.0-14.5 GHz band.” The Commission also recently released a notice of proposed rulemaking to adopt AMSS service rules that recognizes the important public benefits of AMSS services generally and that AMSS is a global communications service.I2 Grant of SES Americom’s STA application will allow Boeing to expand its AMSS service offering to customers operating in the Pacific Ocean region as quickly as possible. Second, the Commission has authorized Boeing to provide AMSS service to U.S. government aircraft operating in U.S. territory and international waters.I3 Various U.S. government VIP/Special Air Mission (“VIP/SAM”) aircraft have been equipped with the Connexion by BoeingSMservice, including aircraft that operate in the Pacific Ocean region. In this connection, Boeing provides critical aeronautical communicatjons services to these aircraft in support of U.S. military, homeland security and other important government communications needs. Grant of SES Americom’s STA application will enable Boeing to support important U.S. government communications needs in the Pacific Ocean region and ensure that U.S. military and government users have access to critical aeronautical communications services in the region at the earliest possible time. 10 See, e.g., The Boeing Company, Order urd Authorization, 16 FCC Rcd. 22645 (Int’l Bur./OET 2001); Radio Station Authorization, Call Sign E000723, File No. SES-MOD-200305 12- 00639; see also The Boeing Company, Experimental Radio Station Construction Permit and License, Call Sign WC2XVE (various file numbers). I ’ See Amendment of Parts 2, 25, and 87 of the Commission’s Rules to Implement Decisions from the World Radiocommunication Conferences Concerning Frequency Bands Between 28 MHz and 36 GHz and to Otherwise Update the Rules in this Frequency Range, ET Docket No. 02-305, Report und Order, 18 FCC Rcd 23426 (2003) at I[ 76. 12 See In the Mater of Service Rules and Procedures to Govern the Use of Aeronautical Mobile Satellite Service Earth Stations in Frequency Bands Allocated to the Fixed Satellite Service, Notice qf Proposed Rule Making, IB Docket No. OS-20 (rel. Feb. 9,2005). l 3 See geizerully The Boeing Company, Experimental Radio Station Construction Permit and Licensc, Call Sign WC2XVE, File No. 0002-EX-ML-2004 (eff. Jan. 13, 2004).

Marlene H. Dortch April 6, 2005 Page 4 For the reasons set forth herein and in its other filings in this proceeding, Boeing urges the Commission grant SES Americom's STA application as soon as possible. Please feel free to contact the undersigned with any questions regarding this submission Respectfully submitted, Carlos M. Nalda Counsel for The Boeing Company cc: Nancy J. Eskenazi Vice President and Associate General Counsel SES Americom, Inc. Four Research Way Princeton, NJ 08540 Peter A. Rohrbach Karis A. Hastings Hogan & Hartson L.L.P. 555 Thirteenth St., NW Washington, DC 20004-1 109 Counsel,for SES Anzeri.com, Inc.


Document Created: 2005-04-08 10:08:59
Document Modified: 2005-04-08 10:08:59
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