Attachment Intelsat - Grant Feb

Intelsat - Grant Feb

DECISION submitted by IB,FCC

Grant

2012-02-03

This document pretains to SAT-STA-20120125-00012 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2012012500012_938249

                                                                                       Tile # SRT— STDh— 20120125—0002
$2469         SAT—STA—20120125—00012      182012000397 |                                                                    §
Intelsat License LLC
Ggay 25                                                                                Call Sign
                                                                                             f         $24693 Grant Date_02/03/12.
                                                                                                                            (eXYA)
                                                                                       (or other identifier)                          i
                                                                                                   :            TermDates peiod of              Approved by OMB
                                                            |                          From_02/04/12                     To: _ 30 days                3060—0678
                                                            |
                .     .                                     |[ International Bureau Approved:
        Date & Time Filed: Jan 25 2012 4:56:11:033PM        _T giKcomdiiens
                                                            1
                                                                                                               St           . Dunll       jot
        File Number: SAT—STA—20120125—00012                       oirn    Conciions                            Chief SAfellite Rlicy Branch
        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 Extension of 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—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


                                         Attachment to Grant
                                         Intelsat License LLC
                            IBFS File No. File No. SAT—STA—20120125—00012
                                                 Call Sign $2469

The request of Intelsat License LLC (formerly Intelsat North America LLC) (Intelsat), IBFS File
No. SAT—STA—20120125—00012, is GRANTED.! Accordingly, Intelsat is authorized, for a
period of 30 days — commencing at 12:00:01 am on February 4, 2012, through March 4, 2012 —
to continue to provide Fixed Satellite Services (FSS) in the Ku—band frequencies of 11.7—12.2
GHz (space—to—Earth) 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.

         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.      Tntelsat 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.


‘ Intelsat has a pending application to modify the authorization for Galaxy 26 to permit it to operate at 50.0° E.L.
instead of its assigned location of 50.75° E.L., IBFS File No. SAT—MOD—20110420—00073. See Policy Branch
Information, Satellite Space Station Applications Acceptedfor Filing, Public Notice, Report No. SAT—00775 (rel.
May 6, 2011). In response, Al Yah Satellite Communications Company PrJSC (Yahsat) and New Skies Satellites
B.V. (New Skies) filed comments asserting 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 (BSS) at nearby orbital locations. Intelsat states that it
has been in regular discussions with Yahsat and expects to reach agreement with Yahsat no later than mid—February
2012. See Letter from Kalpak Gude, Associate General Counsel, Intelsat, to Robert G. Nelson, Chief, Satellite
Division, FCC, dated Feb. 1, 2012 (IBFS File No. SAT—STA—20111219—00241). In response, Yahsat states that the
parties have made significant progress in their discussions, and Yahsat reserves the right to submit further
comments. See Letter from John P. Janka, Counsel for Al Yah Satellite, to Marlene H. Dortch, Secretary, FCC,
dated Feb. 2, 2012.


                                       Attachment to Grant
                                       Intelsat License LLC
                        IBFS File No. File No. SAT—STA—20120125—00012
                                        Call Sign $2469

           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 regular operations of the
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.    Intelsat must report, every seven calendar days commencing on February 10,
2012, the status of negotiations between Intelsat and Yahsat regarding the continued operation of
the Galaxy 26 space station at the 50.0° E.L. orbital location, and/or the status of the transfer of


                                     Attachment to Grant
                                     Intelsat License LLC
                        IBFS File No. File No. SAT—STA—20120125—00012
                                        Call Sign $2469

Intelsat‘s customers in the 11.7 to 12.2 GHz frequency band from Galaxy 26 to another space
station. The February 10 report must summarize the results of the February 6 meeting between
Yahsat and Intelsat and must indicate whether agreement between the parties is likely by mid—
February 2012. Intelsat must file these reports via the International Bureau Filing System in
IBFS File No. SAT—STA—20120125—00012, serve the reports on all parties to this proceeding,
and send courtesy copies to Robert G. Nelson, Chief, Satellite Division, International Bureau
(Robert.Nelson@fcee.gov) on the same day as the report is filed in IBFS.

        14.    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.




                                               Tile £ SBTtT— SiP— 20120125—Coo012.

                                                Call Sign $246%             Grant Date o2/o3/ra.
                                                (or other identifier)
                                                             Term Dates peried of
                                                Vrom O2/t /2       To: 30 dags

                          International Bureau | Approved:
                        +withcendiions                                  Stepiieq/     J. Duall
                                                                                    Satellite Po\icfi Bronch


2. Contact


             Name:          Susan H. Crandall                   Phone Number:                         202—944—7848
             Company:       Intelsat Corporation                Fax Number:                           202—944—7870
             Street:        3400 International Drive, N.W.      E—Mail:                               susan.crandall@intelsat.com



             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 SATMOD2011042000073 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.E.R.Section 1.1114).
g£4 Governmental Entity       ¢3 Noncommercial educational licensee
C Other(please explain):

4b. Fee Classification    CRY — Space Station (Geostationary)
5. Type Request

g4 Change Station Location                         & Extend Expiration Date                          g4 Other


6. Temporary Orbit Location                                                7. Requested Extended Expiration Date
                                                                                2012—03—04 00:00:00.0


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 a 30—day further extension,                                      from February 4,           2012
     through March 4,          2012,      of the Special Temporary Authority previously granted Intelsat to
     operate the Galaxy 26 satellite                    (Call Sign $2469)          at 50.0 E.L. pursuant to the terms and
     conditions set forth in the STAs granted December 8,                               2011 and extended January 4,                  2012.




9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @, 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
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).


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January 25, 2012


Ms. Marlene H. Dortch
Secretary
Federal Communications Commission
445 12"" Street, S.W.
Washington, DC 20554

Re:       Request for Further Extension of Special Temporary Authority for
          Galaxy 26; Call Sign: $2469

Dear Ms. Dortch:

Intelsat License LLC ("Intelsat") herein requests a 30—day further
extension—from February 4, 2012 through March 4, 2012—of the Special
Temporary Authority ("STA") ‘ previously granted Intelsat to operate the
Galaxy 26 satellite (Call Sign $2469) at 50.0° E.L. pursuant to the terms
and conditions set forth in the STAs granted December 8, 2011 and
extended January 4, 2012.>

As the International Bureau staff is aware, Intelsat and Al Yah Satellite
Communications Company PrJSC ("Yahsat") have been engaged in
coordination discussions regarding Galaxy 26‘s operation at 50.0° E.L.
The parties expect shortly to have an agreement. Intelsat therefore seeks
this extension in order to continue coordination discussions. Consistent
with the January 4, 2012 STA, Intelsat has filed weekly updates on the
status of coordination discussions with Yahsat. Intelsat agrees to continue
to provide weekly updates pursuant to grant of the requested STA.

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. Continued operations are required to protect U.S.
national security interests. Grant of the requested STA extension will serve
the public interest by providing time for completion of a coordination
agreement that will allow such continued operations.




‘ Intelsat has filed this STA request, an FCC Form 159 and an $860.00
filing fee electronically via the International Bureau‘s Filing System.
2 See Policy Branch Information; Actions Taken, Report No. SAT—00827,
File No. SAT—STA—20111207—00236 (Dec. 9, 2011) (Public Notice);
Policy Branch Information; Actions Taken, Report No. SAT—00834, File
No. SAT—STA—20111219—00241 (Jan. 6, 2012) (Public Notice).


Intelsat Corporation
3400 international Drive NW, Washington DC 20008—3006 USA www.intelsat.com T+1 202—944—6800 F +1 202—944—7898


Ms. Marlens H. Dortch
January 25, 2012
Page 2

For the reasons set forth herein, Intelsat respectfully requests authority for
the continued operation of Galaxy 26 as described in this STA further
extension request.


Sincerely,

             _ A—1_2O_
Susan H. Crandall
Assistant General Counsel
Intelsat Corporation



cc:      Bob Nelson
         Kathyrn Medley
         Stephen Duall
         Jay Whaley
         John Janka, Counsel to Yahsat
         Joslyn Read, New Skies Satellites B.V.



Document Created: 2012-02-06 12:34:38
Document Modified: 2012-02-06 12:34:38

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