Attachment ES 172 LLC - Grant D

ES 172 LLC - Grant D

DECISION submitted by IB, FCC

Grant

2017-12-06

This document pretains to SAT-STA-20171205-00166 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2017120500166_1311722

emrorrrvcmmpmaoregrermee semmmene Fis# SDi— Sin— 20\71205— Co\bG $2610 Eenc SAT—STA—20171205—00166 182017003357 i2/06/h7 S 610 GrantDate zn Call Sign 2 EUTELSAT 172A (or otheridentifier) 3 e Term Dates period of Approved by OMB From 12706/17 . 60 3060—0678 Date & Time Filed: Dec 5 2017 2:00:49:523PM nternational Bureau | File Number: SAT—STA—20171205—00166 uoith conclifions J. Duall Callsign: CV F, Satetlite Rlicy Branch FEDERAL COMMUNICATIONS COMMISSION APPLICATION FOR SPACE STATION SPECIAL TEMPORARY AUTHORITY FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description ofthis application to identify it on the main menu: E174A Station—keeping STA 1. Applicant Name: ES 172 LLC Phone Number: 656—808—2088 DBA Name: Fax Number: United States Street: 8 Temasek Boulevard E—Mail: kloke@cutelsat.com #15—02 Suntec Tower 3 City: Singapore 038988 State: DC Country: USA Zipcode: 20037 — Attention: MrKen Loke

ATTACHMENT TO GRANT ES 172 LLC. IBFS File No. SAT—STA—20171205—00166 IBFS File No(s): SAT—STA—20171205—00166 GR A NTE D — Licensee/Grantee: ES 172 LLC (Eutelsat) With Conditions Call Sign: $2610 Satellite Name: EUTELSAT 172A Orbital Location: 174.0° E.L. (required station— (+/— 0.1 degrees) keeping tolerance) Administration: United States of America‘ Nature of Service: Fixed—Satellite Service (FSS) International Bureau Satellite Divisi atellite Division Scope of Grant: Grant of special temporary authority for a period of 60 days to provide FSS via EUTELSAT 172A at the 174.0° E.L. orbital location with a +/— 0.1 degree stationkeeping tolerance Service Area(s): Pacific Ocean Region (C-band) North Pacific, North—East Asia, Southwest Pacific, South Pacific, South—East Pacific (Ku— band) Frequencies: 5925—6425 MHz (Earth—to—space) 14.0—14.5 GHz (Earth—to—space) 3700—4200 MHz (space—to—Earth) 10.95—11.20 GHz (space—to—Earth) 11.45—11.7 GHz (space—to—Earth) 12.2—12.75 GHz (space—to—Earth) — outside United States and its Territories and Possessions only Telemetry, Tracking and Command: Command: 5926.5 MHz Telemetry: 3703.5 MHz, 4199.5 MHz Unless otherwise specified herein, operations under this grant must comport with the legal and technical specifications set forth by the applicant or petitioner and with Federal Communication Commission‘s rules not waived herein. This grant is also subject to the following conditions: 1. All operations of EUTELSAT 172A at the 174.0° E.L. orbital location under this grant of special temporary authority must be on an unprotected and non—harmful interference basis, i.e. EUTELSAT 172A must not cause harmful interference to, and must not claim protection from interference caused to it by, any other lawfully operating stations. In the event of harmful interference under this grant of special temporary authority, Eutelsat must cease operations immediately upon notification of such interference, and inform the Commission, in writing, immediately of such an event. In connection with the provision of service in any particular country, Eutelsat is obliged to comply with the applicable laws, regulations, rules, and licensing procedures of that country. Eutelsat must coordinate the operations of EUTELSAT 172A with existing geostationary space stations to ensure that no unacceptable interference results from its operations at the 174.0° E.L. orbital location. Pursuant to footnote US211 of the United States Table of Frequency Allocations, 47 CFR § 2.106, services operating in the 10.7—11.7 GHz band shall take all practicable steps to protect the radio ‘ Eutelsat states that EUTELSAT 172A will operate at the 174° E.L. orbital location pursuant to the satellite network filings at this location made with the International Telecommunications Union ("ITU") by the government of Cyprus. See IBFS File No. SAT—MOD—20171122—00159, Attach. Narrative App. at 3. > IBFS File No. SAT—MOD—20171122—00159, Attach. E174A—Service Area & Attach. Narrative App., Eng, Statement. Page 1 of 2

ATTACHMENT TO GRANT ES 172 LLC. IBFS File No. SAT—STA—20171205—00166 astronomy service from harmful interference. 6. Eutelsat may not provide downlink services into the United States and its Territories and Possessions in the 12.2—12.75 GHz frequency band. 7. Pursuant to footnote US342 ofthe United States Table of Frequency Allocations, 47 CFR § 2.106, services operating in the 14.47—14.5 GHz band shall take all practicable steps to protect the radio astronomy service from harmful interference. 8. Any action taken or expense incurred as a result of operations pursuant to this special temporary authority is solely at Eutelsat‘s own risk. 9. Grant of this authorization is without prejudice to any action the Commission may take on Eutelsat‘s pending requests for modification of its authority for EUTELSAT 172A to specify operations at the 174.0° E.L. orbital location. See IBFS File Nos. SAT—MOD—20171122—00159 & SAT—AMD—20171205— 00165. 10. Authority is granted pursuant to section 25.210(j) of the Commission‘s rules, permission to maintain the EUTELSAT 172A space station at £+0.10 degree of the 174° E.L. orbital location, subject to the condition that this grant and the operations it permits shall terminate in the event that a satellite is launched into a location such that its station—keeping volume would overlap EUTELSAT 172A‘s +/—0.1 degree station— keeping volume, but would not overlap EUTELSAT 172¢‘s +/—0.05 degree station—keeping volume, unless Eutelsat has successfully coordinated EUTELSAT 172A‘s physical operations with those of the other spacecraft. 11. The authority granted herein supersedes and replaces the authority granted in IBFS File No. SAT—STA— 20171205—00166 (granted Nov. 29, 2017) Licensee/grantee is afforded thirty (30) days from the date of release of this action to decline the grant as conditioned. Failure to respond within this period will constitute formal acceptance of the grant as conditioned. This action is taken pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective upon release. Station licenses are subject to the conditions specified in Section 309(h) of the Communications Act of 1934, as amended, 47 U.S.C. § 309(h). Action December 6, 2017 Date: Term Dates From: December 6, 2017 To: period of 60 days Approved: Stephen ( uall Chief, Satellite Policy Branch 3 On November 29, 2017, Eutelsat was granted special temporary authority for a period of 60—days to provide FSS via EUTELSAT 172A at the 174.0° E.L. orbital location with a +/— 0.05 degree stationkeeping tolerance, IBFS File No. SAT— STA—20171122—00160. Page 2 of 2

2. Contact Name: Carlos M Nalda Phone Number: 5713325626 Company: LMI Advisors, LLC Fax Number: Street: 2550 M Street, NW E—Mail: cnalda@Imiadvisors.com Suite 345 City: Washington State: DC Country: USA Zipcode: 20037 — Attention: Relationship: Other (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). C Governmental Entity 53 Noncommercial educational licensee C Other(please explain): 4b. Fee Classification CRY — Space Station (Geostationary) 5. Type Request C Change Station Location {3 Extend Expiration Date @ Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 174 Deg. 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.) STA request to operate EUTELSAT 174A with 0.10 degree station—keeping toleranc at the 174 Deg. E.L. orbital location. 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 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 Ken Loke President 12. Please supply any need attachments. Attachment 1: Station—Keeping STA 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 PRA@fce.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.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Application of ) ) ES 172 LLC ) File No. SAT—STA— ) Call Sign $2610 For Special Temporary Authority To Operate ) the EUTELSAT 172A Satellite at the 174° ) E.L. Orbital Location ) ) Expedited Action Requested ) REQUEST FOR SPECIAL TEMPORARY AUTHORITY ES 172 LLC, an indirect, wholly owned subsidiary of Eutelsat S.A. ("Eutelsat"), pursuant to Section 25.120(a) of the Commission‘s rules, respectfully requests 60—day special temporary authority ("STA") to permit operation ofthe EUTELSAT 172A satellite (Call Sign $2610, renamed and referred to herein as "EUTELSAT 174A") at the 174° E.L. orbital location with a station— keeping tolerance of + 0.10°. ES 172 LLC has concurrently filed an amendment to its satellite license modification application for long—term operation to reflect this station—keeping value.‘ Grant of this STA request will allow Eutelsat to more efficiently operate the satellite to satisfy, among other things, U.S. government communications requirements in the Asia—Pacific region. ES 172 LLC is the licensee of the EUTELSAT 174A satellite and, together with its Eutelsat affiliates, operateé the satellite to support a wide range of traditional fixed—satellite service ("FSS") and satellite mobility applications throughout the Asia—Pacific region. The Commission recently granted ES 172 LLC an STA to operate EUTELSAT 174A at 174° E.L. ES 172 LLC hereby _ See ES 172 LLC, File No. SAT—AMD—20171205—00165, Call Sign $2610; see also ES 172 LLC, File No. SAT—MOD—20171122—00159, Call Sign $2610. 2 See ES 172 LLC, SAT—STA—20171122—00160, Call Sign $2610 (granted Nov. 29, 2017).

incorporates by reference the information supporting prior STA request, including the underlying satellite license modification application, as amended. Among other conditions, the satellite must be operated with a station—keeping tolerance of 0.05° consistent with the original application for the satellite license® and Section 25.210(j) of the Commission‘s rules, 47 C.ER. §25.210(J). ES 172 LLC now seeks a new STA similar to that requested previously but with a station—keeping tolerance of + 0.10° consistent with that of EUTELSAT 172B and many other U.S. and foreign satellites." Section 25.210(j) of the Commission‘s rules requires satellite operators to maintain station—keeping within + 0.05° of their assigned orbital longitude in the east/west direction, unless specifically authorized by the Commission to operate with a different longitudinal tolerance. The Commission has previously allowed an increased station—keeping tolerance based on a finding that doing so would not adversely affect the operations of other spacecraft and would have benefits such as conserving fuel for future operations.© Allowing EUTELSAT 174A to operate with an increased station—keeping volume will have no adverse impact on other operators because the volume will not overlap with that of any other satellites, the only two—degree spaced satellite is EUTELSAT 172B which is controlled by ES 172 LLC, and the next closest satellites on either side of EUTELSAT 174A are 5° and 6° away, respectively. These satellites would be entirely unaffected by relaxation of EUTELSAT 3 See File No. SAT—LOA—20031218—00358 (granted July 13, 2004) (Narrative Application and Technical Appendix). * See ES 172 LLC, SAT—STA—20171104—00149, Call Sign $2610 (granted Nov. 16, 2017). ° Because Section 25.210(j) expressly contemplates a larger station—keeping tolerance, it is not clear that a waiver of the rule is needed for the Commission to permit a larger value. Out of an abundance of caution, ES 172 LLC requests such a waiver to the extent necessary. _ 6 See, eg., SES Americom, Inc. Application for Modification of Satcom SN—4 Fixed Satellite Space Station License, 20 FCC Red 11542, 11545 (Sat. Div. 2005). 2.

174A‘s station—keeping volume. Furthermore, a station—keeping tolerance of + .10° will afford ES 172 LLC additional operational flexibility and conserve fuel to extent the on—orbit lifetime of this valuable satellite asset. Under these circumstances, permitting a larger station—keeping tolerance under Section 25.210(j) will serve the public interest. ES 172 LLC notes that the Commission has repeatedly granted authority to operate With a + .10° station—keeping tolerance, subject to the condition that authority to operate with the larger tolerance shall terminate in the event that a satellite is launched into a location such that its station—keeping volume would overlap a satellite‘s + 0.10 degree station—keeping volume, but would not overlap a +0.05° degree station—keeping volume, unless the satellite operator has successfully coordinated its physical operations with those of the other spacecraft."‘ ES 172 LLC acknowledges and accepts this condition on EUTELSAT 174A operations. Finally, as indicated in the associated application amendment, ES 172 LLC believes the station—keeping amendment should be considered a minor amendment under Section 25.116 of the Commission‘s rules, 47 CFR § 25.116(b) (defining major amendment). The amendment does not change the orbital location EUTELSAT 174A, but seeks to expand the station—keeping volume at the assigned orbital location consistent with Commission precedent. The only two— degree spaced satellite is EUTELSAT 172B, which ES 172 LLC controls, and the next closest satellites are 5° and 6° away. Expanding the station—keeping volume would not materially affect the interference environment. Status as a minor amendment may affect the potential timing of Commission grant of this STA request. Specifically, Section 25.120(a) of the Commission‘s rules states "[n|o request for temporary authority will be considered unless it is received by the Commission at least 3 7 See, eg., FCC ISAT List, available at https://www.fec.gov/isat—list (noting multiple waivers for Inmarsat 3F and 4F satellites).

working days prior to the date of proposed construction or operation...." 47 C.F.R. §25.120(a). In the unique circumstances presented here, however, an STA request has already been granted to permit EUTELSAT 174A operations at 174° E.L. consistent with Section 25.120(a) and this request is merely an adjustment to the satellite‘s station—keeping tolerance. Accordingly, to realize the benefits of the minor operational adjustment at the earliest possible time, ES 172 LLC respectfully requests a waiver of the three—working—day provisiofi in Section 25.120(a) and seeks immediate grant of this STA. Alternatively, grant of this STA with the earliest possible effective date is requested. In view of the foregoing, ES 172 LLC respectfully requests that the Commission grant an STA to operate the EUTELSAT 174A satellite at the 174° E.L. orbital location with a + 0.10° station—keeping tolerance at the earliest possible time.


Document Created: 2017-12-06 16:45:04
Document Modified: 2017-12-06 16:45:04
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC