Attachment Exhibit D

This document pretains to SES-MFS-20100910-01152 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2010091001152_839448

Exhibit D PETITION FOR WAIVER OF SECTIONS 25.137 AND 25.114 Earth station applicants seeking to access a foreign-licensed satellite must demonstrate that “U.S.-licensed satellites have effective competitive opportunities to provide analogous services in” the “country in which the non-U.S.-licensed space station is licensed.”1 Although the JSAT-2A satellite is not on the Commission’s Permitted Space Station List, the Commission previously has authorized the satellite as a point of communication for a U.S. earth station.2 In addition, a Japanese-licensed satellite – Horizons 1 – is on the Permitted Space Station List.3 Intelsat incorporates herein by reference the information previously filed with the Commission regarding the JSAT-2A satellite,4 as well as access by foreign-licensed satellites to the Japanese market.5 Because the required information previously has been filed, and to the extent necessary, Intelsat respectfully requests a waiver of Sections 25.137 and 25.114 of the Commission’s rules.6 1 See 47 C.F.R. § 25.137(a)(1). 2 See File No. SES-LIC-20030418-00503. 3 See Horizons Satellite LLC Petition for Declaratory Ruling to Add Horizons I to the Permitted Space Station List, Order, 18 FCC Rcd 24,745, 24,748 (¶8) (2003) (“We conclude that Horizons 1's proposed entry for purposes of offering fixed-satellite services, excluding DTH, will enhance competition for these services in the U.S. market.”). See also Horizons Satellite LLC Application for Modification of Permitted List Authorization, Order and Authorization, 19 FCC Rcd 20,349 (2004). 4 See File No. SES-LIC-20030418-00503. 5 See File No. SAT-PDR-20030210-00015 (requesting FSS market access for Horizons 1). 6 47 C.F.R. §§ 25.137 and 25.114.


Document Created: 2010-09-10 09:43:06
Document Modified: 2010-09-10 09:43:06
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