Attachment DA 05 1812

DA 05 1812

ORDER & AUTHORIZATION submitted by FCC,IB

DA 05 1812

2005-06-28

This document pretains to SAT-STA-20050531-00112 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2005053100112_439023

Federal Communications Commission DA 05—1812 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of SES Americom, INC. Application for Modification of Satcom SN— File Nos. SAT—MOD—20050325—00075 Fixed Satelite Space Station License saT—SA—200s0531—00112 Application for Special Temporary CallSign: K849 Authorization to provide Ku—band service Over water areas of International Telecommunication Union Region 1 Order and Authorization Adopted: June 28, 2005 Released: June 28, 2005 By the Chief, Satelite Division, Itermational Bureau 1 INTRODUCTION 1. By this Order, we modify SES Americom, Inc‘s(SES Americom‘s) authorization for it n— orbit C/Ku—band hybrid satelite, atcom SN—4, operating atthe 172° EL. orbiallocation,to change the coverage area by repointing the satelite northward. thereby faciliatingservicein the Ku—band over intermational waters. At the same time, we grant SS Americom‘s requestfor waiver of Section 25. 14(d)()‘s requirement to provide antenna gain contours in its application and grant, with conditions, itsrequest for a waiver of Section 25.210()‘s‘ EasyWest0.05 degree station—keeping tlerance. We also grant SES Americom‘s requestfor authority to deorbit Stcom SN—1 following the launch of the AMC—23 spacecraft. Grant of SES Americom‘s modification request will allow t to continue to provide additional competitive sateliteservices 11. BACKGROUND 2. SES Americom is authorized to operate Satcom SN— at 172° EL. in the 370041200 MHtz (space—to—Earth), 11.7—12.2 GHe (spaceto—Burth), 5925—6425 MHz (Barth—to—space), and 14.0—14.5 GHz (Earth—to—space) frequency bands, Its lcense expires June 18, 2006." SES has fled a request to re—orient Satcom SN—t so that ts antenna is oriented northward, resultig in changes to the service area contours of the spacecraft. Following re—rientation of the spacecraf, SES Americom‘s customer plans on using the 11.7—12.2 GHcapacity to provide serviceto aireraft operating within the spacecraft‘s coverage area, including the aispace over water within International Telecommunication Union (FTU) Region 1." SES Americom also requested modification of the Satcom SN—# authorization to permitthe spacecraft to \ aroregas209 * See SES Americom, Inc. Application for Madificaion of Space Sution Authorization, DA 04—1581, Order and Authorizarion, 19 FCC Red. 2077 (rel. May 27, 2004) (‘SN—! Modifeation Order")(ranting SE Americon‘s requestto modify ts authoriation o operte theSatcom SN— stelie atthe norminal 172° E. L..orbit ocation) * For th purposeallocation of frequencies,the T has ividedthe worldinto three Regions. See 47 CFR § 2.104 (fiwre 1 is a map of the world with designatons of espective U Regions ncluded in the CR for informational purposes onl). TTU Region 1 ncludes Europe, Afria,terrtaresof th former USGRin Asia, aswellas porions of the Artc,Alatic and Pacifie Oceans

Federal Communications Commission DA 05—1812 operate with an East/Weststation—keeping tolerance of 0.1 degrees for the remainder of ts license term. Withthis request, SES Americom has submitted a request to waive Section 25.210(),which specifis an EastWest sation—keeping tolerance of 0.05 degrees. SES Americom also seeks approval of ts end—of— life disposal lans for the Satcom SN—A spacecraft. SES Americom proposes to deorbit to analtitude with an intal perigee no less than 150 km above the geostationary satellte orbit 3. The application sppeared on public notice on Aprl 1, 2005The Bosing Company filed a leter supporting grant of the application." No other comments were filed. 1. DISCUssION 4. SBS Americom requeststo reorent it spacecraft such that ts pttem is focused to more northern lattudes. SES Americom indicates that the proposed change will not result n a materil change in the interference environment for tadjacent satelite systems. SES Americom has provided an analysis indicating a possible increase of 0.3 dB in interference to an adjacent satelite from its proposed modifictions, No comments were received opposing this level ointerference it adjacent systems and we ind thatthis level ofinterference is not likely to be unacceptable to neighboring systems. We will therefore grant SES Americom‘s requestto repoint ts anterna northward in accordance withthe technical specifications seforth in its application. 5. SBS Americom also requests a waiver of Section 25.1 14(d)3), which specifis the requirements for antenna beam contours® SES Americom asserts that we granted a waiver in the prio modification order and that th issues nvolved in this application are the same as those involved i the previous grant. We find that th issues here are in factthe same as those previously addressed in the SN—# Modifcation Order. Accordingly, we grant the waiver for the same reasons as those articulated in our prior order." 6. SES Americom seeks authority to operate the Satcom SN—A satelite in the 11.7—12.2 GHz band for spaceo—Eurth Fixed Satelite Service (FSS) operations,including service over water in TTU Region 1. While TTU Region 2 contains an FSS space—to—Farth allocation in the 11.7—12.2 GH band, TTU Region 1 does not contain such an allocation. In TTU Region 1, he 11.7—12.2 GHz band is allocated on a co— primary basis to the Aixed service, broadcasting. broadcasting satllte service (BSS) and the mobil, except aeronautical mobil, service in the ITU Table of Frequeney Allocations 7. Additionally, Section 4.4 of the TTU Radio Regulations statesthat "Administrations of Member Sttes shall not assign to asttion any frequency in derogation of the Table of Frequency Allocations in this Chapter orother provisions othese Regulations, except on the express conditon that such a station, when using such a frequency assignment, shall not cause harmful interference to, and shall notclaim protection from harmful nterference caused by,a sttion operatingin accordance with the provisions othe Constitation, the Convention and these Regulations." SES Americom indicatesthat ts proposed use is consistent withthe TT principle of Section 4.4, and therefore SES Americom should be able to provideservicein the space—to—Earth direction in t11.7—12.2 GHz band over water areas in TU Region 1 on a nor—harmfulinterference basisto all services operating in that TTU Region. Thus, SES Americom seeks a waiver of Section 2.106 of the Commission‘s rulesto permitits proposed FSS space— to—Earth operations in the 11.7—12.2 GHz band over water in ITU Region 1. "Report No. SAT—O0281. * Leter from Carlos Nalda, Counselforthe Bocing Company, to MarlenH. Dortch, Secretay, PCC, dated March 29, 205. ° SN—4 Modifcation Order * id atpans 58

Federal Communications Commission DA 05—1812 8. SES Americom assertsthatits proposed operations are within the power limits established for TTU Region 2 FSS operations for protection of ITU Region 1 BSS and terestral fixed services. In addition, SES Americom states thatthere are no TTU Region 1 BSS spacecraft currently operational or expected to be operational within 9° oSatcom SN—# during ts anticipated operationaltime frame. 9. We conclude that authorization ofthis servicedos not require a waiver of Section 2.10., because the United States Table of Frequency Allocations generally governs services provided to stations operatingin the United States and thinsular areaslited in Section 2.105 (a)foomotes, 2, 3. and 4." SES Americom‘s plans to provide servicet the United Statein TTU Region 2, using frequencies consistent with the United States Table of Frequency Allocations, therefore for Region 2 services a waiver is not required. In the case ofservice to TTU Region 1, the servicearea in which SES Americom seeks to operate is outside the United States and any of ts teritories or possessions, and therefore a waiver of Section 2.106 is not required." 10. SES Americom has also requested modification ofthe Satcom SN—4 authoriztion to permit the spacecraft to operate with an East/West station—keeping tolerance of 0.1 degreesfor the remainder of its lcense term. SES Americom has submited a request to waive Section 25.210G) which specifes an East/West station—keeping tolerance of0.degrees. SES Americom has provided an analysis indicating thatth larger station—keeping box wl have negligibl impact on the interference environment to adjacent satelltes. In addition, SE Americom assetsthat no other spacecraftis operating or plans to operate during the remainder of the Satcom SN—4 icense trm with a station—keeping volume that would overlap with that of Satcom SN—4. Finally, SES Americom also states that operation withthe increased station— keeping tolerance will allow SES Americom to conserve fuel, which will extend the usefullfe of the satellie, allowing for continuity ofservices. 11. The Commission may grant a waiver for good cause shown" Waiver is appropriate if (1) special ircurmstances warrant a deviation from the generalrule, and (2) such deviation would betteserve the publicinterest than would strit adherence to the general rule" Generally, the Commission may grant a waiver of ts rules in a particular case only iftherelief requested wouldnot undermine the poicy objectve oftherule in question, and would otherwise serve the public interest." In considering requests for non—conforming spectrum uses, the Commission has indicated thait would generally grant such walvers *when there is litle potential for interference into any service authorized under the Table of ErequencyAllocations and when the non—conforming operator accepts any interference from authorized services." 47 CFR.§2.108, fomote 2 3 and 4 * Application to Modify Athorizationfor Itelsat 605 to Allow the Provisin of FixedSatellte Service Betveen Non—UL. Points in the 12.7—12:75 GH Frequency Band, Order and Authoriation, 19 FCC Red. 2775, ar8 (el. February 18,2004)(holding that a waier of Setion 2.10 is not requied for similar reasons). Although we have considered the InernationalTableof Frequency Allocations in our decision—making her, hattable is included in the Code ofFederl Regulations forinformational purposes only, see 47 CIER. § 2.104(a), and, threfore, no walver o thInterationalTable is requred. ©47 CER: § 13. See also WAFT Radio . FCC, 418 F2d 1153 (D.C. Cr. 1989)(WAFT Rodio)NortheastCelluar Tel.Co.x. FCC, $97 F2d 1166 (D.C. Cr.1990) (Northeost Celluar). " See Northeast Celidar, 897 F2at 1166 © See WATT Radio, 418 F20 a157. ® Pugro—Chance, Inc. Order and Auboriztion, 10 ECC Red 2860, 2860 9 2 (Int] Bur, 1995) (authorizing non— conforming MSS in the C:band); see also Motorols Stelite Communications, Inc. Order and Authorization, 11 ECC Red 13982, 19956 4 11 (In] Bur, 1996)(authoricing service to fxed terminals in bands allocted to the mobilesatlite service); Geostar Positoning CorpOnder and Auhorizarion, 4 FCC Red 4538, parn. 7 3

Federal Communications Commission DA 05—1812 12. Section 25.210() of th rules requires that space sttions operatedin the geostationary satellte orbit be maintained within 0.degrees oftheir assigned orbitallongitude in the EastWest direction, unless specifically authorized by the Commission to operate with a different longitudinal tolerance.* In a previous order denying a similar request without prejudice, the Satelfite Division (‘Division")noted the informationthat aliensee may wish to provide in support of any future requests forincreased East/Westlongitudinalstation—keeping tolerances. In particular, the Division indicated the Hicensee should provide information regarding the identity of known satellites located at, or planned to be located at,the location proposed by the icensee, orassigned a location in the vicinty such that the station—keeping volume oft respective satelites might overlap. The Division furtherindicated that the Hicensee need not address every fling with the TTU that met the crieria, bat should assess and address any systems refleted in TTU flings thatae in operation or thatthe licensee believed may be progressing toward launch, 5. by the appearance ofthe system on a launch vehicle manifest. The Division stated that,inthe event an overlap is indicated,the icensee should identify the measures it would take to avoid in—orbit collisions with such satelites " 13. In this case, SES Americom hassated thatit does not have any basis to antiipate that any satellite will operate within Satcom SN—‘s station—keeping volume through the remainder of Satcom SN— 4‘slicense term. SES Americom has alsoprovided aninterference analysis showing neeligible impact on interference to adjacent satellites. As a result, SES Americom states that no saelltes will be adversely impacted by the icreased sttion—keeping volume. 14. We agree with SES Americom thatincreasing the station—keeping volume of the Satcom SN— 4 spaceeraft will not adversely affectthe operations of other spacecraft, and would conserve fuel for future operations. We note that while SES Americom‘s research indicates that no spacecraft are plnned for o are curently operating within tsttion—keeping volume of Satcom SN—A4, however,it is theoreticlly possible thata future spacecraft willbe Inunched or moved into such a position. We, therefore, wll grant SES Americom‘s waiverand modification requestto operate Satcom SN—1 with 0.1° East/Westtolerance subject to no other spacecrat being located within the station—keeping volume o Satcom SN—A. Should such a spacecraft be launched or relocated into the station—keeping volume of Satcom SN—A4, SES Americom will be required to maintain 0.05° East/Weststation—keeping.or coordinate its operations withthatothe other spacecraft 15. SES Americom also requests authority to perform tracking, elemetry and controlfunctions necessary to remove the Satcom SN—# saelltefrom orbit upon retirement of the satelfite. SEAmericom proposesto rise the apogee and perigee f the spacecraft to a minimum of 150 km abovethe geostationary satelite orbit, with subsequent fuel depletion maneuvers further raising the spacecraft altiude.. We find the proposed disposalof Satcom SN—4, which was launched on April 12, 1991, to be consistent with Commission ruls"" and the public interest." Therefore, we grant SES Americom (1989)authorisingservie t radiodtermination satelite service erminals n a band allocted t thfxed sutelite service) !!See 47 CER. 5252100 © See XM RADIO INC., Applicaton for Minor Modifiation to Relocate Satellte Digil Audio Radio Service (SDARS) Sarelltes, DA 05—180, Orderand Authoriatin, 20 FCC Red. 1620 at par 29,(rel. Jan 26, 2005) C‘XM 3 and 4 Order") "* Although SES Americom‘s minimum perige ierease i es than that specified n ou rles for newer spocecrat. the Sitcom SN—4 satlite is "grindfthered."See 47 CER. § 252830. "". We note that recentstudies suggest that minimiztion of the eccenticiy of the disposal orbi, and performing maneuvers such thatthe spacecrfts disposal orithasa sur—pointing periges, may substantlly entance the long— rerm sablity of the disposal orbit, and, therefore,the extent o which the spacecrft remains removed from the acostationry satlite orbit alttude. We threfore urge SES Americom and other licensces disposing of a

Federal Communications Commission DA 05—1812 authority for end—oflife TTA&C operations for Satcom SN—4 consistent with the request in SES Americom‘s application" 1V.— ORDERING CLAUsES 16. SES Americom‘s application, File No. SAT—MOD—20050325—00075, o modify its current authorization to operatethe Satcom SN—t satelite at 172° EL. orbital location, 18 GRANTED. Accordingly, SES Americom is authorized tochange the coverage area ofthe SNA spacecraft, Call Sign: KS49, by repointing the satelite northward, and to operate itSatcom SN—A (Call izn KS49) satellit at the 172° EL. orbiallocation using the 3700 — 4200 MHz (spaceto—Barth), 11.7—12.2 GHz (spaceto— Earth), 5025—6425 MHz (Barto—space),and 14.0—14.5 GHe (Earth—to—space) frequency bands in accordance with the terms, conditions, and technical specifications seforth in ts application,this Order and the Federal Communications Commission‘s Rules. 17, TT IS FURTHER ORDERED that SEBS Americom‘s requestto waive 47 CER. $ 25.210) 18 GRANTED as described herein. Accordingly, SES Americom may operate Satcom SN—# with 0.1° EasWesttolerince station—keeping subjectto no other spacecraft being located within the station— keeping volume of Satcom SN—4. Should such a spacecraft b launched or relocated into the station= keeping volume of Satcom SN—4, SES Americom willbe required to maintain 0.05° East/West sttion— keeping, or coordinate ts operations with that of the other spacecraft 18, TT IS FURTHER ORDERED that the request for waiver of Section 25. 14(d)(3), fled by SES Americom IS GRANTED 19. TT IS FURTHER ORDERED that SES Americom‘s Applications for Extension of Special Temporary Authority, File Nos. SAT—STA—20050531—00112 IS GRANTED 20. TT IS FURTHER ORDERED that SES Americom IS GRANTED authority to conduct Tracking, Telemetry and Control transmissions in connection with end—oflife disposal of the SN—# satellite in accordance withthe terms, conditions, and technical specifications set forth in its application. 21. SES Americom is afforded thirty days to decline this authorizationas conditioned. Failure to respond within this period will constiute formal acceptance of he authorization as conditioned. 22. This Order is effective upon release. Peitions for Reconsideration under Section 1.106 or applications forreview under Section 1.L1S of the Commission‘srules, 47 CFR. §§ 1.106, 1.115, may be filed within thirty days of the date of the release of this Order (see 47 CER. § 14(b) (2)) FEDERAL COMMUNICATIONS COMMISSION %Wm * 7/ Thomas S. Tyez Chief,Satelite Division International Bureau prosttionary spacecraft to consider such measires, if compaible wth other operaional constraints, when developing end—oflif operational plas. "*This acton supercedesthe conditonplaced on Satcom SN—4atpragraph 13 ofthe SN—f Modifcation Order: 5


Document Created: 2005-06-28 10:29:18
Document Modified: 2005-06-28 10:29:18
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