Attachment Order

This document pretains to SES-MFS-20050831-01198 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2005083101198_482355

Federal Communications Commission pa oc—s2s Before the Federal Communications Commission Washington, D.C. 20564 In the Matter of Loral Skynet Network Services, Inc. File Nos.: SES—MFS—20050831—01 198 SES—AMD—20051118—01503 Application for Authority to Add the Extended C—Band Frequencies Call Sign: E980250 and to Add Kazakhstan as a Destination Point for Loral‘s Fixed Earth Station in Kepolcl, Hawail ORDER AND AUTHORIZATION Adopted: February 09, 2006 Released: February 09, 2006 By the Chief, Satellite Division, International Bureau: A iNTROPUCTION 1. By this Order, we grant authority to Loral Skynet Network Services, Inc. (Debtor— in—Possession) (Loral)! to expand the range ofC—band frequencies on which its 13—meter earth station in Kapolei, Hawaii (Kapolei earth station) may access the Kingdom of Tonga‘s Telstar 18 satellte. Specifically, we authorize the earth station to transmit to Telstar 18 in the 6425—6650 MHz band ("extended C—band"). Further, we grant Loral‘s request to authorize the earth station to provide service to Kazakhstan via the Telstar 18 satellite" Grant of this application represents ! LSNS (Debror—in—Possession a US. coporationis a wholl—ouned subsidiaryof Lonal Space & Communications Comortion (Debro—in—Possesion), also a U.S. coporation. Loral Space & Communications Comortion is wholl—owned and contriledby Lorl Space & Communication, L. (Dcbto—i—Possssion(Lorl L DIP),a Bermuda company. LoralLid.DIP‘s home market is the Unted Stites, Loral Applcation at ArtachmentD._.On September 20, 2005,the ntemational Bureau (Buresu) grnted theaplictionsof Lorl Space & Communications L1d. (Dcbtor—in—Possssion(DIP)forthtranser of contrl ospace and erthstationlcenses held by is subsidiriesLorl Orion,Ic. (PHP), LoralSpaceCom Corpontion(DIP,and Lorl Synet Network Servies,Inc.(DIP) o Loral Space & CommunicationsInc. See Authoriations Gramted, PublicNoric, TB Docket No,0—233, DA 05—2629(rel.Sept 20, 2005). On October21, 2005,Philp Ivaldy, acting on behalf ftheLorl Shareholder Protective Commitee,ied a peiion foeconsidertion ofthe Bureau‘s decison o grant Lorl‘s transfer ofcontol applications ° On June 22, 2004he Comnission granted Lorl‘s request o provide Tracking, Telemety,and Command (CTTRC) opertions for the Telstr18 sitelite via the Kapole, Havaii arthsation. See Sarlite Communications Iformation Re: Actions Taken, Pubic Notc; Report No. SES—00616 (rl. June 23, 2004) (zranting IBFS File No. SES—MOD—20040115—00131, asamended by IBFS File No. SES—AMD—20040510.00662) On Jine 13, 2008,the Commission granted Lorl‘s equestfospecial temporiry authorit t operite he Kapole earthsationusing the 61256650 MIHe frequency band. See Satelite Communications Services nformation, Pubilc (Continued..

Federal Communications Commission pa oc—s2s another step in implementing U.S. market—opening commitments to satelliteslicensed by other countries and will enable Loralto expand the reach of its service. 1. BACKGROUND 3. The Commission‘s DISCO Hf Order® implemented the market—opening commitments made by the United States in the World Trade Organization ("WTO") Agreement on Basic Telecommunications Service ("WTO Basic Telecom Agreement"). These commitments allow new entrants and technologies into the U.S. market, thus advancing the growth of satellite services around the globe. In particular, the DISCO 17 Order established a framework under which the Commission will consider requests for non—U.S—licensed space stations to serve the United States. To implementthis framework, the Commission, among other things, established a procedure by which a service provider in the United States could request immediate access to a foreign in—orbit space station that would serve the U.S. market This procedure allows a U.S. earth station operator seeking to communicate with a non—U.S—licensed space station to file an earth station application for an initial license or for a modification of ts existing earth station license, listing the foreign—licensed space station as a permitted point of communication. 3. Because the Commission does not issue duplicative U.S. licenses for space stations licensed by other countries," a U.S. earth station application often represents the Commission‘s first opportunity to evaluate whether the foreign—Jicensed space station complies with the Commission‘s technical, legal,and financial qualifieation requirements. The first earth station application secking to communicate with a particular foreign—licensed space station must therefore include the same detailed information about the space station and its operations that the Commissionrequires from U.S. space station applicants (..contimed from previous pags) Notc, Report No. SES—00723 (rel. Je 15, 2005)(gantng IBFS File No. SES—STA—20050412.00#20), On July 1, 2005, he Bureau gramed Loral‘s application forauthoritytocommunicate witthe Telsar 13 satliteusing the comentional Cband frequencies, See Loral Synet Network Services, Inc, Applicaion for Autharty to Provide Communication Services via the Telsar18 Stelitfrom Loral‘s Fixed Earth Sution in Kapoli, Havaii Using the Commentional C:band Frequencies, Order and duthoriaton, 20 FCC Red 11896 rel Jly 1, 2005) (Loral Telsar 18 Order"). On August 17,2005, the Commissiongranted Loral‘srequest for specil temporary authoriyto provide servicesto Kazaktstanvia theTelsar 18 stelitand theKapolci eath station. See Satellte Communications Services Information, Public Noti, Report No. SES:—0074(rel. Aug 24,200%)(grantng IBFS File Nos. SES—STA—20050815.01103, ESSTA—20050819—01118,and SES—STA—20051101—01499). Finaly, on October 4 2005,the Commisiongrated Loral‘srequest foran extension of ts exiting specialtemporary authorty to opertethe Kapoleiearthstation using the 6425—6650 Mz requency band. See Sitelite Communications Servics Information, Publc Notie, Report No SES—00755 (rl. ct 5, 2005) (ganting IBFS File No. SES—STA— 20050015.01250) * Amendment ofthe Commisson‘s Regulatery Poliies o AllowNon—JS—Licensed Space Stations o Provide Domestiand IntemationalStelite Servie in the Unied Sttes, Report and Order,12 FCC Red 24094 (1997) (woisco it oner") "DISCO 11 Orderat24174, pmn. 18 id ar 24174, por. 188 *See47 CR 525137

Federal Communications Commission ba te—s2s a In July 2005, the Intemational Bureau (Bureau) granted Loral‘s application to add the Telstar 18 satellite," which is located at the 138° E.L. location and licensed by the Kingdom of Tonga, as a point of communication forits Kapolei earth station using the conventional C— band frequencies to provide fixed—satellte services (FSS) (excluding direct—to—home (DTH) service)." In granting the application, the Bureau found that the Telstar 18 satellite complies with the Commission‘s technical, legal, and financial qualification requirements. The Bureau also found that Tonga provides "effective competitive opportunities" for U.S.—licensed space stations to provide FSS in Tonga. On August 31, 2005, Loral filed an application to modify the earth station toallowit to transmit to Telstar 18 in the extended C—band frequencies and to add Kazalkhstan as a destination point ofcommunications from the earth station via the Teltar 18 satellte." We placed the application on public notice on September 14, 2005." No comments were filed. N. DISCUSSION A. General Framework s In DISCO !L, the Commission set forth the publicinterest analysis applicable in evaluating appliations to use non—U.$—licensed space stations to provide satellte service in the United States. This analysis considers the effect on competition in the United States," eligibilty and operating requirements," spectrum availability," and national security, law enforeement, forcign policy, and trade concems." We evaluate the Loral request to transmit to Telstar 18 in the extended C—band and to provide FSS to Kazakhstan under this framework. B. Competition Considerations 6. In the DISCO II Order, the Commission adopted two different frameworks under "In tor, the spacecrftcontains 38 C:band transponders (24 ofwhich operate in thconvetional C:band and 14 of which operate in the extended C—band)and 16 Ku—band trnsponders. The conventionaland extended C:band frequencieson th spacecrft are hoensed by theKngdom ofTonga nder te name "Tongasat OKU:3." The Ku— band frequencies on thespaceczat are licensed b the People‘s Republic ofChina undeth name of"Apstr V." Lora efesto the spuceceaft withallitspayloadsas Telsar 18." For ease ofrefrence,i this Order "Telsr 18" refers onltthe conventional and extended Chband frquencis. * See LoralTelsar 18 Order, 20 ECC Red at11896. The "comentional" Cband refrsto frequencies ithe 3700— 4200 MH(downlin)and 5025—6425 MLtz (uplink) bands * 1BFS File No. SES—MFS—20080631—01198._ n additin, on November 15, 2005,Lorlfled anamendinent t ts appliation secking tadd the 3628—3700 Mz (dowalinkand 58505025 MLtz (uplin)frequenciesto is Kapole earthstation authorization. TBFS File No. SES—AMD—20051115.01873., The amendment was placed on publc noticeon December 25, 2005. See Satelite Communications Servces, Public Noic, Report No. SES:00779 (rel Dee.28,2005). The request submited ithiamendment willb addressed in a separataction subsequent t the release ofthisorder © See Steite Communications Services, Public Noice, Report No. SES—00749(el. Sept. 14, 2008) " DISCO 11 Orter, 12 ECC Red at 24107—56, pams. 30—145 * id at 24159—69, pars 151—74 9 d at 24157—59, paas, 146—50 " id at 24109—72, pams. 175—82

Federal Communications Commission paoc—s2s which it would evaluate the foreign entrant‘s effect on competition in the U.S. satellite market First, in eases where the non—U.S—licensed space station is licensed by a country that is a member ofthe WTO and will provide services covered by the U.S. commitments under the WTO Basic Telecom Agreement, the Commission established a presumption that entry will further competition in the United States. The U.S. commitments include FSS, but specifically exclude direct—to—home (DTB) services, Direct Broadeast Satelite Service (DBS), and Digital Audio Radio Service (DARS)." This means that we will presume that WTO—Member—Licensed space stations providing WTO—covered services satisfy the competition componentofthe public interest analysis, The Commission concluded that the market access commitments made under the WTO Basic Telecom Agreement will help ensure the presence and advancement of competition in the satellte services market and yield the benefitsof a competitive marketplace to consumers in the United States and other countries." In contrast,the Commission conducts an "ECO—Sat" analysis for non—U.S.—licensed space stations licensed by countries that are not WTO members. Under this analysis, applicants secking to access a foreign space station must demonstrate that U..—licensed space stations have effective competitive opportunities to provide analogous services in the country in which the space station is licensed (*home" market) and in all countries in which communications with the U.S. earth station will originate or terminate ("route" markets)." 7. The Bureau has previously found that the Kingdom ofTonga, which is not a WTO member, provides effective competitive opportunities for U.S.—licensed space stations to provide FSS in Tonga.": We also found that all the proposed route markets were WTO—member countries and therefore entitled to the presumption that service to these countries would promote competition." Consequently, we find that allowing the Kapolei earth station to transmit to Telstar 18 in the extended C—band FSS band to provide service to previously authorized route markets will promote competition in the United States 8 We must, however, conduct an ECO—Sat analysis with respect to Loral‘s request to add Kazakhstan, a non—WTO member nation,as a "route" market, in accordance with Section 25.137(a)ofthe Commission‘s rules." Loralstates that Kazakhstan maintains an "open skies" policy®"under which it has authorized U.S.—licensed FSS space stations to provide service to Kazakhstan." Specifically, Loralstates that Kazakhstan has authorized space stations in the " DISCO 11 Order, 12 ECC Red at 24104, par. 25 " td ar24112, pan 39 "arore g2si30) " See LoralTeltar 18 Order, 20 ECC Red t 11859, pars. 9 51ttsatelftiHcensed by non—WTO member, we must conductan ECO—Sat analysis for each ‘route" market thatis not a WTO.member nation. 47 CER. § 25.137(@) har or® gas.ion®) * The plvase "open skies"policy genenalyrefrst a policy in which a country atempts to accommodatethe maximum number ofsyems possileto providea paicularservicein orderto maximize ntryand compertion in it satelit srvice matket, See 2002 nterational Bureau Biennial Review StaffReport, 18 FCC Red 4196,4199 pars. 6 (2002) "Lorl Application at Attichment A

Federal Communications Commission paoe—s25 Intelsatfleet and Loral‘s Telstar 12 satellit to provide FSS to Kazalchstan."" Moreover, according to Loral, Kazalthstan adopted new telecommunications legislation in 2004 which is intended to provide communications service providers with equal access to the country‘s telecommunications network, and which, among other things, ntroduced universal services to conform the country‘s practices to those in other countries, and abolished the exclusive authority of the country‘s state—owned telecommunications company, Kazakhtelecom.®" No commenters refuted these assertions 9. We conclude that Loral has demonstrated that U.—licensed space stations have effective competitive opportunites to provide FSS in Kazalchstan. Accordingly, we find that allowing Loral to add Kazakhstan as a route market for FSS, excluding DTH, fom its Kapolei earth station via the Telstar 18 satellte will enhance competition for these services in the U.S. market,including the U.S. Pacific Territories. C.— Eligibility Requirements a. Legal Qualifications 10. In the DISCO If Order, the Commission stated that it would require non—U.S. space station operators to meet the same technical, legal, and financial qualifications that U licensed space station operators must meet to obtain a license.®" In the Loral Telstar 18 Order, we found Lorallegally qualified to provide service in the United States. Nothing in the record here suggests that we change this conclusion. b. Technical Qualifications 11. The Commission‘s satellite licensing policy is predicated upon two—degree orbital spacing between geostationary satelite." This policy permitsthe maximum use ofthe geostationarysatellite orbit."" All space stations, including non—U.S. satellites secking to serve the U.S. market, must comply with the Commission‘s technical requirements designed to permit two—degree orbital spacing before being authorized to provide service in the United States."" The Commission may license satellits that are not two—degrecompliant (or earth stations seeking to 5y y 7 14 at 24161—63, pars. 154—59 * See 47 CR §25.140; Licensing of Space Sutions in he Domesti Fied.Satelite Service and Relaed Revisions of Part 25 ofhe Rules and Regubtions, Report and Order, CC Docket No.$1—704, FCC 83—184, 54 Rad Re. 2d 577 (1983); sunmary prived in Licensing Space Sutions in the Domestic Fixed—SatllteSevice48 FR. «ons (ross) * see Assignment ofOrbtal Locatios o Space Sutions n the Domestc ixedSatelite Servie, Order and Authrization, 11 ECC Red 13788, 13790, para 6(1996). Prioto the Commission‘s adoprionofhe two—degree spacing polic,stelits in the reostionary stelit orit were ustallyspaced tree orfour degrecs apart. By adepting ies that erabled stelite operstrsto place thei pace sutions two degrees spa, the Commisson was abl taccommodate more geostationary stelites. "* See Amendment ohe Commission‘s Space Station Licensing Rulesand Polies, First Reportand Order and Further Notice ofProposed Rulemaking, 18 ECC Red 10760, ra 300 (2003).

Federal Communications Commisston paoc—s2s access such),but only when the applicants can demonstrate that their operations will not cause harmfulinterference to existing compliant satellite operations. Further, non—conforming operations are authorized conditioned upon a licensee accommodating fiture satellite networks serving the United States that are two—degree compliant. 12 Based on our review of the technical information Loral submitted, we conclude that the Telstar 18 extended C—band operations comply with all applicable technical rules s Financial Qualifications 13. In the First Space Station Reform Order, the Commission climinated the financial requirements then in place and replaced them with a bond requirement.®" In accordance with this requirement, any entity awarded a license for a satellte must execute a payment bond, payable to the U.S. Treasury, within 30 days of the date ofthe license grant." This requirementis intended to ensure that licensees are financially able and committed to implementing their systems in a timely manner. The bond is payable upon failure to meet any of the implementation milestones included in every license. Once the licensee meets the last milestone, thatis, it launches the satellte, it no longer has any bond obligation. This requirement applies to both U.S—licensed space stations and space stations licensed by other countries that seek to serve the U.S. market." Because Telstar 18 is in—orbit and operating, Loral is not required to post a bond. D. Spectrum Availability 14. In the DISCO If Order, the Commission determined that, given the scarcity of seostationary—satellite orbit locations and spectrum resources, it would consider spectrum availability as a factor in determining whether to allow a foreign satellite to serve the United States." Specifically, the Commission stated that when grant of access would create interference with U.S—licensed systems, the Commission may impose technical constraints on the foreign space station‘s operations in the United States or, when the interference cannot be remedied, deny access." 15. The Telstar 18 satellte currently provides service to the United States from the 138° E.L. orbital locationin the conventional C:—band." In its modification request, Loral seeks authority to provide service to the United States via the Telstar 18 satellite using the extended C band frequencies."" There are no other space stations authorized to serve the United States " see Amendment ohe Commission‘s Space Station Licensing Rulesand Polics, Pist Report and Order ard Further Notic ofProposed Rulemaking, 18 ECC Red 10760, 10526,Pra, 170 2003)(*FirstSpace Staion Reform Orter") ® seear CR 525165 * First Space Station Reform Ordeat 10875, pra. 309. "* DISCO 11 Order t 24159,paa. 150 io * See LoralTessur 18 Order " Lorl Applicationat 10.

Federal Communications Commission paoc—s2s operating in the extended C—band that are located within two degrees of the Telstar 18 satellite Loral has supplied an interference analysis demonstrating that the Telstar 18 satellite is compatible with the Commission‘s two—degree spacing environment in the extended C—band." Consequently, allowing the Telstar 18 satellite to serve the United States from the 138° EL. orbitallocation in the extended C:—bands will not affect operations of any U.S.—licensed space stations in the extended C—band or contravenc the Commission‘s spectrum management policies. In addition, as i all other orders permitting non—U.S—licensed space stations to serve the United States, we requireall communications between earth stations in the United States and Telstar 18 in the extended C—bands to comply with all satellte coordinations reached by Tonga, Kazakhstan, and other administrations. E. Other Requirements 16. As deseribed above, in accordance with the DISCO 17 Order, national security, law enforcement, foreign policy, and trade concerns are included in the public interest analysis: There is nothing in Loral‘s application that raises any such concems 17 Orbital Debris Mitigation. We note that, on November 18, 2005, Loral filed an amendment to provide an Orbital Debris Mitigation Plan for Telstar 18." We conclude that the plan presented by Loral for the Telstar 18 spacecraft demonstrates thatits operation raises no public interest concerns related to orbital debris."" Iv, CONCLUSION 18. Based on the foregoing analysis, we conclude that Loral‘s proposed communications with the Telstar 18 satellite will be consistent with the Commission‘s rules and policies regarding U.S. access to space stations licensed by forcign administrations. We also conclude that Loral has demonstrated that U.S—licensed space stations have effective competitive opportunities o provide FSS in Kazakhstan. We therefore grant Loral‘s application, subject to the conditions set forth in this Order, finding such grant to be in the pubc interest. v. ORDERING CLAUSES 19. Accordingly, TT IS ORDERED that,pursuant to Sections 303(), 308, 309, and 310 ofthe Communications Act of 1934, as amended, 47 C.F.R. §§ 303(), 308, 309, 310, and Sections 25.115 and 25.121 (a) ofthe Commission‘s rules, 47 C.F.R. §§ 25.115 and 25.121 (a), the Appliation for Authority to Add Extended C:—band Frequencies and to Add Kazakhstan as Destination Point of Communications for Transmissions from Loral‘s Fixed Earth Station in * LoralApplication at Atachment C " DISCO II Order t 24170—72, pans. 17642 * 1mes File No. SES—AMD—20051118—01503 * Allapplcatios that wer pending as ofOctober 19, 2005 and weresubject o thinformation requirements of Section 25.1 14 o the Commission‘s mules were requiredto filan Orbial Debris Mitgation Disclosire Plan by November 18,2005. See Intemational Bureau Satelte DivisionIformation, Diclosure ofOrbial Debris Mitition Plin, Including Amendment of nding Applications, Publc Notie, DA 08—2608 (rl. Oct 13, 2005)

Federal Communications Commission paoc—s2s Kapolci, Hawail, File No. SES—MFS—20050831—01198, 1S GRANTED.® 20. Accordingly, the license for Earth Station Call Sign E980250 1S MODIFIED to permit Loral Skynet Network Services, Inc. (Debtor—in—Possession)to provide fixed—satellite services using the Telstar 18 satellite located atthe 138° EL. orbital location in the extended C— bands (6425—6650 MHz) and to provide fixed.satellite services to Kazakhstan via the Telstar 18 satellte, subject to the following conditions: a. Loral is prohibited from sending or receiving any Direct—to—Home service, Direct Broadeast Satellite service, and Digital Audio Radio service to or from Telstar 18. Loral is only authorized to provide communication services to points in Tonga, Kazalkhstan, or WTO—Member countries within Telstar 18‘ footprint Loral is prohibited from sending or receiving analog video services or any FM video television services to or from Telstar 18. With reference to Article 18 ofthe ITU Radio Regulations, the United States is not the "government ofthe country to which" the space station "issubject," and is not acting on behalFof any other government. Operations of Earth Station Call Sign E980250 are expressly conditioned upon Teltar 18 having been licensed, within the meaning of Article 18, by the Kingdom of Tonga. Loral is afforded 30 days from the date of release of this grant and authorization to decline this authorization, as conditioned. Failure to respond within this period will constitute formal acceptance of the authorization, as conditioned: All other terms and conditions of the license for Earth Station Call Sign E980250 remain in effect FEDERAL COMMUNICATIONS COMMISSION /f/\——\ Robert G. Nelson Chict, Satellite Division Intemational Bureau © Consistent with Satelfte Division(Divsion)prctce,contemporancously with threlease of this Order, the Division‘s Sstems Analyss Branch willisue an authorizationon IBFS Fle No. SES—MFS—20050831—01198, incorporatig this Ordebyreference and liting thestandard conditions that will applyto operation ofthisficiity


Document Created: 2006-02-09 16:30:49
Document Modified: 2006-02-09 16:30:49
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC