Attachment Intelsat - Grant Dec

Intelsat - Grant Dec

DECISION submitted by IB,FCC

Grant

2011-12-08

This document pretains to SAT-STA-20111207-00236 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2011120700236_929412

1B2011005062 Tile # SRPT—STRA— 2011 1207— 802306 $2469 SAT—STA—20111207—00236 r Intelsat License LLC il | Call Sign _M_ Grant Date i2/Og/ caey 2° (or other identifier) Term Dates Approved by OMB m *E P From I2/07/| 1 To: _O) /O‘-l-/i?_ 3060—0678 Date & Time Filed: Dec 72011 7:03:38:146PM JntemnationalBureau| Approved: File Number: SAT—STA—20111207—00236 *Ewith conmditions 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 Special Temporary Authority to Operate Galaxy 26 at 50.0 E.L. (Call Sign $2469) 1. Applicant Name: Intelsat License LLC Phone Number: 202—944—7204 DBA Name: Fax Number: 202—944—7870 Street: c/o Intelsat Corporation E—Mail: kalpak.gude@intelsat.com 3400 International Drive, N.W. City: Washington State: DC Country: USA Zipcode: 20008 —3006 Attention: Kalpak Gude

Attachment to Grant Intelsat License LLC IBFS File No. File No. SAT—STA—20111207—00236 Call Sign $2469 The request of Intelsat License LLC (formerly Intelsat North America LLC) (Intelsat), IBFS File No. SAT—STA—20111207—00236, is GRANTED.!‘ Accordingly, Intelsat is authorized, for a period of 28 days — commencing at 12:01 am on December 7, 2011, through January 4, 2012 — to continue to provide Fixed Satellite Services (FSS) in the Ku—band frequencies of 11700—12200 MHz via the Galaxy 26 space station (Call Sign $2469) at the 50.0° E.L. orbital location. These operations are authorized in accordance with the technical specifications set forth in Intelsat‘s application and the Commission‘s rules, and are subject to the following conditions: 1. All operations shall be on an unprotected and non—harmful interference basis, i.e., Intelsat shall not cause harmful interference to, and shall not claim protection from interference caused to it by, any other lawfully operating station. 2. In the event of any harmful interference caused by Galaxy 26‘s operations during operation at the 50.0° E.L. orbital location, Intelsat shall cease operations immediately upon notification of such interference, and shall inform the Commission, in writing, immediately of such an event. 3. Any action taken or expense incurred as a result of operations pursuant to this special temporary authority is solely at Intelsat‘s own risk. 4, Intelsat shall maintain full operational control of Galaxy 26 at all times. ‘ Intelsat has also pending an application to modify the authorization for Galaxy 26 to permit it to operate at 50.0° E.L., IBFS File No. SAT—MOD—20110420—00073, which was placed on Public Notice on May 6, 2011. See Policy Branch Information, Satellite Space Station Applications Acceptedfor Filing, Public Notice, Report No. SAT—00775 (rel. May 6, 2011). In response to the Public Notice, comments were filed on June 6, 2011, by Al Yah Satellite Communications Company PrJSC (Yahsat) and New Skies Satellites B.V. (New Skies). In their comments, Yahsat and New Skies express concern that operations of Galaxy 26 at the 50.0° E.L. orbital location in the 11.7—12.2 GHz frequency band (space—to—Earth) will result in harmful interference to space stations operating, or soon—to—be operating, in the Broadcasting—Satellite Service at nearby orbital locations. Accordingly, Yahsat and New Skies ask that conditions be placed on any grant of authority in order to prevent harmful interference to such nearby BSS space stations. In addition, Intelsat provided supplemental information on June 9, 2011, implying that service to existing U.S. government end—users would be negatively impacted if Galaxy 26 were not authorized to move from its current position of 50.75° E.L. by June 13, 2011. This supplemental information was served on Yahsat and New Skies. On November 30, 2011, Yahsat filed a response to a request by Intelsat for an additional 60—day STA to operate Galaxy 26 at 50.0° E.L., stating that no coordination of Galaxy 26‘s operations at 50° E.L. in the 11.7—12.2 GHz frequency band had been effectuated by Intelsat and requesting that if the Commission does extend Galaxy 26‘s STA for another 60 days, the Commission should require that Intelsat operate Galaxy 26 on a non—harmful interference basis and at power flux density (PFD) levels below the hard limits established the ITU Radio Regulations, Appendix 30, Annex 1, Sections 1(a) and 4, for protection of co—frequency BSS and terrestrial operations. See Letter from John Janka, Counsel for Yahsat, to Marlene Dortch, Secretary, FCC, dated Nov. 30, 2011 (IBFS File No. SAT—STA—20111123—00227). On December 6, 2012, the Satellite Division granted Intelsat‘s request for an additional 60—day STA to operate Galaxy 26 at 50.0° E.L., subject to the conditions requested by Yahsat. See IBFS File No. SAT—STA—20111123—00227 (grant stamp, dated December 6, 2012). On December 7, 2011, Intelsat filed the instant application, seeking a grant of STA for a period of four weeks to continue to operate Galaxy 26 at 50.0° E.L. in the 11.7—12.2 GHz (space—to—Earth) frequency band, pursuant to the terms and conditions set forth in an earlier October 2011 grant of STA for the same operations (IBFS File No. SAT—STA—20110923— 00185, grant stamp dated October 7, 2011, effective October 6, 2011). On December 8, 2011, Yahsat filed a letter stating that it has no objection to grant of such limited STA. See Letter from John Janka, Counsel for Yahsat, to Marlene Dortch, Secretary, FCC, dated Dec. 8, 2011.

Attachment to Grant Intelsat License LLC IBFS File No. File No. SAT—STA—20111207—00236 Call Sign $2469 5. While at the 50.0° E.L. orbital location, Intelsat shall maintain the Galaxy 26 space station with an east/west longitudinal station—keeping tolerance of +/— 0.05 degrees. 6. Intelsat‘s operation of the Galaxy 26 satellite in the FSS in the 11.7 to 12.2 GHz frequency band at the 50.0° E.L. orbital location is subject to the following conditions: a. Intelsat must operate Galaxy 26 on an unprotected and non—harmful interference basis with respect to Broadcasting—Satellite Service (BSS) operations in Regions 1 & 3 in accordance with Article 4.4 of the ITU Radio Regulations. b. Intelsat must operate Galaxy 26 in accordance with the BSS PFD limits specified in the ITU Radio Regulations, Appendix 30, Annex 1, Sections 1(a) and 4, for protection of co—frequency BSS and terrestrial operations. As used in this condition, the term "operations" refers to all actual — rather than anticipated or planned — operations, and Galaxy 26 will be considered within the specified BSS PFD limits if there are no operations to interfere with or if Galaxy 26 operates below the BSS PFD limits specified in Appendix 30 above. c. Intelsat shall schedule all operations via Galaxy 26 based on information about actual operations obtained from the operators of space stations operating in conformance with the ITU Radio Regulations, Appendix 30, BSS plan within 3 degrees of the 50.0° E.L. orbital location, in order to prevent harmful interference to such operators. 7. This authorization is issued on the understanding that this grant is not an approval of any specific agreement entered into by Intelsat, its subsidiaries, and affiliates, nor of any specific provision of any such agreement, concerning operation of the Galaxy 26 space station, nor is it an approval of an agreement concerning any related matter, nor of any specific provision of any such agreement concerning any related matter. 8. This authorization is issued on the understanding that this grant does not in any way express a view concerning, or agreement as to, the validity or lack of validity of any ITU filing at or within the vicinity of the 50.0° E.L. orbital location. 9. This authorization is also issued on the understanding that the United States remains the licensing administration, for purposes of ITU Radio Regulation 18.1, for the Galaxy 26 space station, and that its operations at 50.0° E.L. are pursuant to ITU Radio Regulation 4.4. 10. In connection with the provision of service in any particular country, Intelsat is obliged to comply with the applicable laws, regulations, rules, and licensing procedures of that country. 11. Grant of this authorization is without prejudice to any determination that the Commission may make regarding Intelsat‘s pending application for permanent operations of the

Attachment to Grant Intelsat License LLC IBFS File No. File No. SAT—STA—20111207—00236 Call Sign $2469 Galaxy 26 space station at the 50.0° E.L. orbital location (IBFS File No. SAT—MOD—20110420— 00073). 12. This authorization is not one relating to an "activity of a continuing nature" for purposes of Section 1.62 of the Commission‘s rules and Section 558(c) of the Administrative Procedures Act. Continuation of operations beyond the term of this authorization will require prior affirmative authorization by the FCC. 13. These actions are issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and are effective immediately. Petitions for 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. File #_SBT—sTh—20111207—00236 Call Sign 8249 Grant Date 12 /08/11 (or other identifier) Torm Dates From 12/07/1 To: O\/Oq/tz m Konree GRANTED* ccoronnereimmem« bnrrntimerinermarmas {_Inter national Bureau Approved: * toith condifions Y buall ,Scdc”‘afe Po\k‘n Brand\

2. Contact Name: Jennifer Hindin Phone Number: 202—719—4975 Company: Wiley Rein LLP Fax Number: 202—719—7049 Street: 1776 K Street, NW E—Mail: jhindin@wileyrein.com City: Washington State: DC Country: USA Zipcode: 20006 — Attention: 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? @ 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 C3 Noncommercial educational licensee g74 Other(please explain): 4b. Fee Classification CRY — Space Station (Geostationary) 5. Type Request [d Change Station Location C3 Extend Expiration Date @) Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date

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.) Intelsat License LLC herein requests Special Temporary Authority for a period of four weeks — from December 7, 2011 through January 4, 2012 — to continue operating the Galaxy 26 satellite at 50.0 E.L. pursuant to the terms and conditions set forth in the STA granted October 6, 2011. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject ty Yes g4 No to a denial of Federal benefits 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 Kalpak Gude Associate 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).

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December 7, 2011 Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12"" Street, S.W. Washington, DC 20554 INTELSAT. Re: Request for Special Temporary Authority for Galaxy 26 Call Sign: $2469 Dear Ms. Dortch: Intelsat License LLC ("Intelsat") herein requests Special Temporary Authority ("STA*")‘ for a period of four weeks—from 12:01 a.m. December 7, 2011 through January 4, 2012—to continue operating the Galaxy 26 satellite (Call Sign $2469) at 50.0° E.L. pursuant to the terms and conditions set forth in the STA granted October 6, 2011 .2 On December 6, 2011, the FCC‘s International Bureau ("Bureau") granted Intelsat STA to continue operating the Galaxy 26 satellite at 50.0° E.L. with a condition that "Intelsat must operate Galaxy 26 at or below the BSS PFD limits specified in the ITU Radio Regulations, Appendix 30, Annex 1, Sections 1(a) and 4, for protection of co—frequency BSS and terrestrial operations."" This condition limits power to a level insufficient to support existing service. As the Commission is aware, Galaxy 26 currently serves a U.S. military customer in the Middle East region. The entire capacity of the satellite is used on a daily basis to support multiple simultaneous unmanned aerial vehicle ("UAV") flights. Intelsat‘s customer does not have a readily available alternative and continued operation of Galaxy 26 is required to protect U.S. national security interests. Grant of the requested STA will serve the public interest by providing time for a safe and orderly transition of service, in coordination with Intelsat‘s ‘ Intelsat has filed this STA request, an FCC Form 159 and an $860.00 filing fee electronically via the International Bureau‘s Filing System. * See Policy Branch Information; Actions Taken, Report No. SAT—00813, File No. SAT—STA—20110923—00185 (effective October 6, 2011; released Oct. 7, 2011) (Public Notice). * Intelsat License LLC, Request for Further Extension of Special Temporary Authority for Galaxy 26, Call Sign: $2469, File No. SAT—STA— 20111123—00227, Condition 6.b (stamp grant with conditions, Dec. 6, 2011). Intelsat Corporation 3400 International Drive NW, Washington DC 20008—3006 USA www.intelsat.com T +1 202—944—6800 F+1i 202—944—7898

Ms. Marlene H. Dortch December 7, 2011 Page 2 customer and Al Yah Satellite Communications Company PrJSC ("Yahsat"). Intelsat‘s counsel contacted counsel for Yahsat and raised the possibility of continued operation of Galaxy 26 for four more weeks. For the reasons set forth herein, Intelsat respectfully requests authority for the continued operation of Galaxy 26 as described in this STA request. Sincerely, /s/ Kalpak Gude Kalpak Gude Associate General Counsel Intelsat Corporation co: Robert Nelson Kathyrn Medley Stephen Duall Jay Whaley John Janka, Counsel to Yahsat Joslyn Read, New Skies Satellites B.V.

555 Eleventh Street, N.W., Suite 1000 Washington, D.C. 20004—1304 Tel: +1.202.637.2200 Fax: +1.202.637.2201 www.lw.com FIRM / AFFILIATE OFFICES LAT H AM&WAT K I N SLLP Abu Dhabi Moscow Barcelona Munich Beijing New Jersey Boston New York Brussels Orange County December 8, 2011 Chicago Parls Doha Riyadh Dubai Rome Frankfurt San Diego VIA ELECTRONIC FILING Hamburg San Francisco Hong Kong Shanghai Marlene H. DOI'tCh Houston Silicon Valley London Singapore Secretary Los Angeles Tokyo Federal Communications Commission Madrid Washington, D.C. 445 12th Street, SW Milan Washington, DC 20554 Re: Request of Intelsat License LLC for STA, IBFS File Nos. SAT—STA—20111207—00236; SAT—STA—20111123—00227; SAT—STA— 20110923—00185; SAT—STA—20110727—00137; SAT—STA—20110314—00053; SAT—MOD—20110420—00073 (Call Sign $2469) Dear Ms. Dortch: Al Yah Satellite Communications Company PrJSC ("Yahsat") submits this letter regarding the December 7, 2011 Intelsat License LLC request for special temporary authority ("STA") to continue operating for the next four weeks pursuant to the terms and conditions of its October 6, 2011 STA. See IBFS File Nos. SAT—STA—20111207—00236; SAT—STA—20110923— 00185 (granted Oct. 6, 2011). Under the circumstances described, Yahsat has no objection to the grant of this limited STA. Please contact the undersigned should you have any questions. Sincerely yours, /s/ John P. Janka John P. Janka Jarrett S. Taubman Counselfor Al Yah Satellite Communications Company PrJSC

Marlene H. Dortch December 8, 2011 Page 2 LATHAMeWATKINSu CC. Susan H. Crandall, Intelsat Jennifer D. Hindin, Wiley Rein LLP Joslyn Read, New Skies Satellites B.V. Karis A. Hastings, SatCom Law LLC Robert Nelson, International Bureau Kathyrn Medley, International Bureau Stephen Duall, International Bureau Jay Whaley, International Bureau


Document Created: 2011-12-08 15:33:21
Document Modified: 2011-12-08 15:33:21
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