Attachment dismiss

dismiss

DECISION submitted by IB,FCC

dismiss

2008-10-17

This document pretains to SAT-STA-20081016-00205 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2008101600205_671154

SAT—STA—20081016—00205 182008002487 PanAmSat Licensee Corp. Approved by OMB 3060—0678 Date & Time Filed: Oct 16 2008 3:41:13:470PM File Number: SAT—STA—20081016—00205 Callsign: FEDERAL COMMUNICATIONS COMMISSION APPLICATION FOR SPACE STATION SPECIAL TEMPORARY AUTHORITY FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: Request for STA to Drift Intelsat 5 to 169 E.L. (S2704) 1. Applicant Name: PanAmSat Licensee Corp. Phone Number: 202—944—7848 DBA Name: Fax Number: 202—944—7870 Street: c/o Intelsat Corporation E—Mail: susan.crandall@intelsat.com 3400 International Drive, N.W. City: Washington State: DC Country: USA Zipcode: 20008 —3006 Attention: Susan H Crandall m, %fiT“fl%m% 1616—00205 Osm.sstEO as onoo—t Csll Sign °~"~ _ Dss\0 17]0% (or other identifier) Term Dates ry a From mmremmmmemnnmnemmensmma TO: rational Bureat Approvcdm

ATTACHMENT File Nos. SAT—MOD—20080725—00150 and SAT—STA—20081016—00205 Call Sign: $2704 October 17, 2008 PanAmSat Licensee Corp.‘s (PanAmSat) modification request, IBFS File No. SAT—MOD— 20080725—00150, to relocate the Intelsat 5 satellite (Call Sign: $2704) from the 26.15° E.L. orbital location to the 169° E.L. orbital location, and to operate Intelsat 5 at the 169° E.L. orbital location, is granted. PanAmSat is authorized to operate the Intelsat 5 space station in the fixed— satellite service (FSS) using the 5925—6425 MHz (Earth—to—space), 3700—4200 MHz (space—to— Earth),14.0—14.25 GHz (Earth—to—space), 12.75—13.25 GHz (Earth—to—space), 10.7—10.95 GHz (space—to—Earth), and 11.2—11.45 GHz (space—to—Earth), 11.45—11.7 GHz (space—to—Earth) frequency bands at the 169° E.L. orbital location, in accordance with the terms, conditions, and technical specifications set forth in its application, this Attachment, and the Federal Communications Commission‘s Rules, and subject to the following conditions: 1. PanAmSat‘s operations in the 12.75—13.25 GHz (Earth—to—space), 10.7—10.95 GHz (space—to—Earth), and 11.2—11.45 GHz (space—to—Earth) frequency bands at the 169° E.L. orbital location in shall be on a non—harmful interference basis, meaning that PanAmSat shall not cause harmful interference to, and shall not claim protection from interference caused to it, by any other lawfully operating radiocommunication services. In the event that any harmful interference does occur, PanAmSat shall cease operations immediately upon notification of such interference and shall inform the FCC in writing immediately of such an event. 2. PanAmSat shall prepare any necessary submissions to the ITU (International Telecommunications Union) for the completion of the appropriate notification obligations for the 12.75—13.25 GHz (Earth—to—space), 10.7—10.95 GHz (space—to—Earth), and 11.2—11.45 GHz (space— to—Earth) frequency assignments at the 169° E.L. orbital location in accordance with the ITU Radio Regulations, indicating that PanAmSat‘s operations are consistent with Article 4.4 of the ITU Radio Regulations. 3. PanAmSat‘s requests for waivers of footnote NG104 of the United States Table of Frequency Allocations, 47 C.F.R. § 2.106, and of footnote 2 of Section 25.202(a)(1) of the Commission‘s Rules, 47 C.F.R. § 25.202(a)(1), in order to provide domestic service using earth stations that receive in the 11.45—11.7 GHz (space—to—Earth) band are granted as conditioned. We find that waiver of these rules would not undermine their purpose because the waiver involves only passive receive—only earth stations that are not capable of causing interference into fixed stations operating in the same frequency band. Furthermore, because PanAmSat has agreed to accept any level of interference from fixed stations into its receive—only earth stations‘ operations in the extended Ku—band, fixed service operators would not be required to coordinate their station operations with PanAmSat‘s receive—only earth stations‘ operations. Under these circumstances, we determine that an additional coordination burden is not placed upon fixed service operators and their ability to expand service in the future is not restricted in any manner. Grant as conditioned here is consistent with prior Commission precedent.‘ ‘ On a number of occasions, the Commission has previously authorized downlink of domestic service to customer receive—only earth stations in the 11.45—11.7 GHz band (as well as in the similarly—restricted 10.95—11.2 GHz frequency band not requested in this application). PanAmSat Licensee Corp. Modification

a. PanAmSat shall operate its earth stations in the 11.45—11.7 GHz band providing domestic service on an unprotected, non—harmful interference basis relative to fixed service stations, meaning that PanAmSat may not cause harmful interference to, or claim protection from, fixed service stations to which frequencies in the 11.45—11.7 GHz band have either already been assigned, or to which frequencies in the 11.45—11.7 GHz band may be assigned at a later date. b. PanAmSat is required to inform its customers, in writing, including end—users receiving service from resellers accessing capacity on the Intelsat 5 satellite, that the service in the 11.45—11.7 GHz band with regard to domestic service is being provided on an uncoordinated basis, and that the potential exists that future—licensed fixed service stations may cause harmful interference to these unprotected earth stations. 4. Pursuant to Section 25.111(b) of the Commission‘s rules, 47 C.F.R. § 25.111(b), PanAmSat shall provide the Commission with all information it requires for the Advance Publication, Coordination and Notification of frequency assignments for a satellite that utilizes the 11.45—11.7 GHz band at the 169° E.L. orbital location in accordance with the ITU Radio Regulations. PanAmSat shall be held responsible for all cost recovery fees associated with these ITU filings. We also note that no protection from interference caused by radio stations authorized by other administrations is guaranteed unless coordination and notification procedures are timely completed, or, with respect to individual administrations, coordination agreements are successfully completed. Any radio station authorization for which coordination has not been completed may be subject to additional terms and conditions as required to effect coordination or obtain the agreement of other Administrations. 5. In connection with the provision of service in any particular country, PanAmSat is obliged to comply with the applicable laws, regulations, rules, and licensing procedures of that country. 6. IBFS File No. SAT—STA—20081016—00205 is DISSMISSED as moot. 7. PanAmSat is afforded 30 days from the date of release of this action to decline this authorization as conditioned. Failure to respond within this period will constitute formal acceptance of the authorization as conditioned. 8. This action is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective upon release. Petitions for of License for Galaxy 3C, Satellite Policy Branch Information Actions Taken, Public Notice, DA 06—2121 (Oct. 27, 2006) (granting IBFS File No. SAT—MOD—20060303—00019); PanAmSat Licensee Corp. Application for Authority to Use the Extended Ku—Band Frequencies for Domestic Service, Order and Authorization, 20 FCC Red 14642 (Sat. Div., Int‘l Bur. 2005); EchoStar KuX Corporation Application for Authority to Construct, Launch and Operate a Geostationary Satellite Using the Extended Ku—band Frequencies in the Fixed—Satellite Service at the 83° W.L. Orbital Location, Order and Authorization, 20 FCC Red 919, 921—22 (para. 9) (Sat. Div., Int‘l Bur. 2004); EchoStar Satellite LLC Application for Authority to Construct, Launch and Operate a Geostationary Satellite Using the Extended Ku—band Frequencies in the Fixed—Satellite Service at the 109° W.L. Orbital Location, Order and Authorization, 20 FCC Red 930 (Sat. Div., Int‘l Bur. 2004); EchoStar KuX Corporation Application for Authority to Construct, Launch and Operate a Geostationary Satellite Using the Extended Ku—band Frequencies in the Fixed—Satellite Service at the 121° W.L. Orbital Location, Order and Authorization, 20 FCC Red 942 (Sat. Div., Int‘l Bur. 2004).

reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission‘s rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken. | ~—i me SHtT— m&od 20000722o0is0 | Call Sign §3_'_7_9_‘_+_ Grant Date__ \O| 17}O% (or other identifier) Term Dates i From_ To: i intornational Bureau Apmova_

2. Contact Name: Susan H. Crandall Phone Number: 202—944—7848 Company: Fax Number: 202—944—7870 Street: c/o Intelsat Corporation E—Mail: susan.crandall@intelsat.com 3400 International Drive, N.W. City: Washington State: DC Country: USA Zipcode: 20008 —3006 Attention: Susan H. Crandall Relationship: Legal Counsel (If your application is related to an application filed with the Commission, enter either the file number or the IB Submission ID of the related application. Please enter only one.) 3. Reference File Number or Submission ID 4a. Is a fee submitted with this application? fed IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). C3 Governmental Entity {> Noncommercial educational licensee £3 Other(please explain): 4b. Fee Classification CRY — Space Station (Geostationary) 5. Type Request ) Change Station Location {4 Extend Expiration Date g£34 Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 169 E.L.

8. Description (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) PanAmSat Licensee Corp. herein requests a grant of STA for 30 days, beginning immediately, to begin drifting Intelsat 5 from 26.15 E.L. to 169 E.L., and to operate the TT&C frequencies of the satellite at 169 E.L. PanAmSat has a pending application for authority to redeploy the satellite to 169 E.L. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject , Yes 4 No to a denial of Federal beneffits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act of 1988, 21 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 11. Title of Person Signing Susan H. Crandall Asst. General Counsel, Intelsat Corporation 12. Please supply any need attachments. Attachment 1: STA Request Attachment 2: Attachment 3: WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).

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@fee.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.

October 16, 2008 Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12" Street, S.W. _ Washington, DC 20554 _ Re: Request for Special Temporary Authority to Drift Intelsat 5 to 169° E.L. Call Sign: $2704 Dear Ms. Dortch: PanAmSat Llcensee Corp. ("PanAmSat") herein requests Special Temporary Authority ("STA")‘ for 30 days —— beginning immediately —— to begin drifting Intelsat 5 from 26.15° E.L. to 169° E.L., and to operate the satellite‘s TT&C frequencies at 169° E.L. PanAmSat has a pending application for authority to redeploy the satellite to 169° E.L. As further explained below, PanAmSat seeks this STA in order to begin the drift of Intelsat 5 as soon as possible to better align the transition schedule from Intelsat 2 (currently located at 169° E.L.) to Intelsat 5 with customer requirements." Accordingly, PanAmSat requests expeditious grant of this STA request. Intelsat 5 cunently operates at 26.15° E.L. pursuant to STA that will expire on October 30, 2008.* As explained in that STA request, PanAmSat was planning to move Intelsat 5 to 169° E.L. by the end of October. PanAmSat has decided, however, to begin drifting Intelsat 5 to 169° E.L. immediately in order to ensure that customer requirements are accommodated in the transition schedule. ‘ PanAmSat has filed this STA request, an FCC Form 159 and a $790.00 filing fee electronically via the International Bureau‘s Filing System. * See Policy Branch Information; Satellite Space Applications Acceptedfor Filing, Report No. SAT—00550, File No. SAT—MOD—20080725—00150 (Aug. 29, 2008) (Public Notice). * Intelsat 2 will be moved to 169.10° E.L. pending receipt of FCC approval. See Policy Branch Information; Satellite Space Applications Acceptedfor . Filing, Report No. SAT—00558, File No. SAT—MOD—20080811—00153 (Oct. 3, 2008) (Public Notice). * See Pand4mSat Licensee Corp. Requestfor Special Temporary Authority to Allow Intelsat 5 to Remain at 26.15° EL. (S2704), File No. SAT—STA— 200800911—00187 (stamp grant issued by Andrea Kelly on Sept. 19, 2008). Intelsat Corporation 3400 International Drive NW, Washington DC 20008—3006 USA www.intelsat.com T+1 202—944—6800 F41 202—944—7898

Ms. Marlene H. Dortch October 16, 2008 Page 2 During the drift of Intelsat 5, PanAmSat will utilize only the satellite‘s TT&C frequencies and will follow industry practices for coordinating TT&C transmissions during the relocation process. The specific TT&C frequencies are as follows: Command: 14498.0 MHz (H) and 13999.0 MHz (RHCP) Telemetry: 11451.0 MHz (H) and 11452.0 MHz (H) or 11451.0MHz (RHCP) and 11452.0 MHz (RHCP) Grant of this STA request is in the public interest because it will allow PanAmSat to begin drifting the satellite earlier, thus allowing for a slower drift. This, in turn, will help PanAmSat conserve fuel on the satellite. In addition, grant of this STA request is in the public interest because it will help ensure that Intelsat 5 arrives at 169° E.L. in time to better align the traffic transfer from Intelsat 2 with customer requirements. Grant of this STA request will not result in increased risk of harmful interference. As noted above, PanAmSat will operate only TT&C frequencies during the drift, and will coordinate its TT&Ctransmissions with operators of satellites in the drift path. Should any interference occur during the drift, PanAmSat will take all reasonable steps to eliminate such interference. At 169° E.L., PanAmSat will operate Intelsat 5‘s TT&C frequencies in accordance with PanAmSat‘s coordination agreements governing operations at the 169° E.L. location. PanAmSat will not operate the communications payload on the . satellite at 169° E.L. until it has received FCC authorization to do so.

Ms. Marlene H. Dortch October 16, 2008 Page 3 For the reasons set forth herein, PanAmSat respectfully requests that the | Commission expeditiously grant this request. Sincerely, J’W% (M/6/ Susan H. Crandall Assistant General Counsel Intelsat Corporation Co: Bob Nelson Andrea Kelly Karl Kensinger


Document Created: 2008-10-17 15:31:16
Document Modified: 2008-10-17 15:31:16
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