Attachment Section 1.65

Section 1.65

LETTER submitted by Harris Wiltshire & Grannis LLP

Information Update, pursuant to Section 1.65

2006-10-11

This document pretains to SES-MFS-20060811-01347 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2006081101347_543389

RECEIV LMTLSN romeonmmentsmmiso OCT 1 3 2006 wsmmeron, oc 20036 WiLtsHIRE & Satelie Diision muemis ememeim smoememremcon GRANNIS us InternationalBureau mmemeimien October 11, 2006 BY HAND DELIVERY Marlene H. Dortch, Secretary RECEIVED Federal Communications Commission 445 Twelfth Street, S.W. OCT 1 1 20 Washington, DC 20554 reow, cmmeonos co Re:— Information Update mt nesseie =" sES—MFS—2006081 1—01347 Dear Ms. Dortch Pursuant to Section 1.65 ofthe Commission‘s rules, enclosed you willfind a slightly revised version ofthe authorization to launch and operate the WildBlue=1 satelite at 111.1° W.L. recently issued by Industry Canada. Although the differences between this version of the authorization and the prior version filed with the above referenced application are minor and not material to this proceeding, it is being submitted in the interest ofa complete record. If you have any questions, please do not hesitate to contact undersigned counsel. Sincerely yours, Pel ltcmM blarhess William M. Wiltshire Counselfor WB Holdings 1. LLC Enclosure

Industie Canada Industry Canada REPLACEMENT Our file: 46215—1 (92664 DM) 0CT06 2006 Mr. Ted Ignacy ChiefFinzncial Officer Telesat Canada 1601 Telesat Court Gloucester, Ontario KiB spe Dear Mr. Ignacy: refer to your etter ofApril 18, 2006 and your supplemental submissions ofJune 19, 2006 and September 8, 2006 requesting approval of Telesat Canada‘s plan to test and operate the WildBlue 1 Ka band satellt. The Department has assessed your application within the context ofthe initil approvals provided to Telesat Canada in 1997 and 1999 for the Anik F program. The Department notes that this Ka band satelite is an additional facilty to Telesat‘s Anik F2 satelite which is currently operatingin the 111.1°WL orbital position and the importance to Telesat Canada ofthis additional facility in providing service in Canada iftere is a Ka band capacity shortage and as a potential backup facility. The Department also notes the role tsatellite will play in securing long—term Canadian access to the Ka band spectrum at the 111.1°WL orbital position. The Department has concluded that approving this plan is in the public interest. Accordingly, I am pleased to provide you with this approval in principle, granted to Telesat Canada, to test and operate the WildBlue 1 Ka band satelite at the 109.2°WL and 111.1°WL orbital positions, respectively, using the radio frequency bands and frequencies set out in te table below. Canadi#

Radio Frequency Band Use 1 Barthto—Space: 20.to 30 GHtz Service o Subscribers Spaceto—Barth 19.7 10 202 GHz 2 Eartho—Space: 2835 to 28.6 GHe & FeederLinks 2925 to 29.5 Gife Spaceto—Rarth: 183 to 188 GHte 3 Telemety, Tracking and Control On station Command: 29999.5 MiHz Telemety:20197.5 & 20198.0 Mz Transfer orbit and emergency Commant:5859.5 & 6120.5 MHtz through launch 54505 & 6t23.5 Mitz post launch Telemety: 3701.5 & 4198.0 MHz 4. Eartto—Space: 29500.50 Mz Bescon Space—to—Barth: 20199.798 MHe This approval in principle is subjectto the conditions set out in attachments 1 and 2 to this letter. Please note that in issuing a lcence, other conditions may be required pursuant to Ministeral authority as set out in section 5,(1)(@b) of the Radiocommunication ct. As you are also aware, Industry Canada is consulting with the Department of Foreign Affars concerning treatment ofthis satelite under the international Habiity and registration conventions for space objects. t should be noted that additional conditions may be required to give efféctto any understandings developed between the Government of Canada and any other country respecting thetreatment of the WildBlue 1 satelite. Please note that the Department is currently reviewing the documentation provided by Telesat Canada relating to ts ownership and control. Accordingly, his approval in principle is subject to Telesat Canada fully demonstrating that it is Canadian owned and controlled. In the event that the Department is not able t conclude that Telesatis Canadian owned and controlled, a licence permitting operation ofthe WildBlue1 satelite would not be forthcoming.

B2 In keeping with our commitment to open, fair and transparent Hcensing processes, this ltter will be posted on the Department‘s Spectrum Management and Telecommunications website. Yours sincerely, Jon Skora Director General Radiocomunications and Broadcasting Regulatory Branch Attachments (2)

Attachment 1 Conditions ofApproval in Principle Telesat Canada Interim Use of the 109.2°WL Orbital position to Test the WildBlue 1 Satelite Prior to Moving it to the 111.1°WL Orbital Position 1 Prior to commencing operation ofthe WildBlue 1 satelite at the 109.2WL position and priorto the transit ofthe satelite from the 109.2°WL positon to the 111.1°WL position, Telesat Canada must demonstrate t the Department that coordination ofthe satelite with potentialy affected satellites has been successfully completed. 2 Industry Canada requires Telesat Canada to provide the Department with the information listed in Annex B ofthe Department‘s CPC—2—6—02, Licensing of Space Stations in Services Other than the Amateur Satellte Service and the Broadeasting Satellte Service in Planned Bands, 60 days priorto the intended commencement ofoperation ofthe WildBlue 1 satelite at 109.2°WIL orbital position 3) Telesat Canada must advise the Department when in—orbittesting has been completed and, a least two days in advance, when the transit from the 109.2°WL to the 111.1°W1 orbital position will take place.

Attachment 2 Conditions of Approval in Principle Telesat Canada Operation of WildBlue 1 Satelliteat the 111.1°WL Orbital Position » To the extent that Telesat Canada may act as a telocommunications common carrier under the Telecommunications Act through its use of the WildBlue 1 satelite, Telesat Canada must make the satellite capacity available on a non— discriminatory basis. 2 Telesat Canada must comply on an on—going basis with the eligiblity crieria as set out in section 10(2)(d) ofthe Radiocommunicarion Regulations. 3 Telesat Canada must provide the Department with the information lited in Annex B ofthe Department‘s CPC—2—6—02, Licensing ofSpace Stations in Services Other than the Amateur Satellte Service and the Broadcasting Satellte Service in Planned Bands, 15 days prio to commencing operation of the WildBlue 1 satllite at t 111.1°WI orbital position. a The authorization ofthe Minister is required for any proposed transfer of Hicence, whether in whole or in part, including any change which would have a materil effecton the Canadian ownership and control in fact oft licensce. 9 Telesat Canada mustinvest as a minimum 2 percent ofts adjusted gross revenues resulting from the operation ofthe WildBlue 1 satelitefacility on satelite—related research and development activiies. This requirement to invest begins with the commencement ofcommercial operation ofthe satelite, and may be averaged over a five year period. Eligible research and development is that which meets the definition adopted by the Canada Customs and Revene Agency. The term "adjusted gross reventes®in this context is defined as those revenues attributable to the use ofthe space segment capacity,including any pre—sold capacity and revenues arising from any sale oftransponders, lessinter—carier payments, bad debts, third party commissions, and provincial and federal sales, goods and services taxes. ® a. Telesat Canada must, with the assistance of he Department, and at Telesat Canada‘s own expense, effect the successful coordination and notification of the satllite network; provide the Department, in a form acceptable to

the International Telecommunication Union (FTU), with all required information: and be responsiblefor the payment ofall ITU charges related to the processing ofthis information. b. Telesat Canada must comply with provisions ofthe ITU Radio Regulations and all intermational coordination arrangements to which Canada is a party for te operation ofthe WildBlue 1 satellite. . Telesat Canada may operate the satelfte on assignments for which the ITU coordination/ notifcation process is yet to be successfully concluded, on a no interference, no protection basis pursuant to provision No. 4.4 of Article 4 ofthe ITU Radio Regulations. Should interference occur, Telesat Canada will immediately, and atits own expense, take steps to climinate the interference situation. 7 Telesat Canada must deorbit the stellte atthe end ofts life. The satelite shall be removed from the geostationary satelite orbit region in a manner consistent with Recommendation ITU—R $.1003 Environmental Proection of the Geostationary Satellite Orbit. ® Telesat Canada must submit an annual report for each ofthe firstfive years from the date of issuance of this lcence which would include: + an update indieating continued compliance with all lience conditions; + an update on the usage and status ofach transponder; + a statement ofadjusted gross revenves and an audited statement of research and development expenditures as required under condition 5 above, and a description of Telesat Canada‘s esearch and development activitesrelated tothese expenditures; + a copy of any existing corporate annual report for your fiseal year with respect to this authorization. These reports are due April 30 and are to be submitted in writing to the Manager, Satelfite Services Authorization Policy, Space and Intemational Regulatory Activities, Radiocommunication and Broadcasting Regulatory Branch. 9 Telesat Canada must submit a traffic report forthe satelte at the commencement of operations at the 1111°WL position, and every three months thereafter, indicating:

+ the transponders in use, and the date of bringing into use ofeach transponder; + the nature ofthe signals carried in each transponder; + the channel capacity of each transponder in terms ofthe number of telephone channels carrid in a transponder,or telephone channel equivalencies as determined by application of section 58 ofthe Radiocommunication Regulations including all supporting information used to make this determination. These traffic reports are to be submitted, in writing, to the Manager, Satelte Authorization Policy, Radiocommunication and Broadcasting Regultory Branch. 10 Applicable authorization fees, as set outi the Radiocommunication Regulations for radio licences, willbe payable by Telesat Canada on or before commencement oftoperation ofthe satelite. Applicable annual suthorization fees will be payable on or before March 31, 2007 and on or before March 31 ofeach year thereafier.


Document Created: 2007-01-10 12:10:21
Document Modified: 2007-01-10 12:10:21
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC