Attachment Petition to Deny

Petition to Deny

PETITION TO DENY submitted by CNC

Petition

2006-12-28

This document pretains to SES-STA-20061211-02123 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2006121102123_541643

December 28, 2006


Ms. Marlene H. Dortch, Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554

Re:    PETITION TO DENY
       SES Americom, Inc. Request for Special Temporary Authority
       File No. SES-STA-20061211-02123
       File No. SES-STA-20061211-02124
       File No. SES-STA-20061211-02126
       File No. SES-STA-20061211-02127
       File No. SES-STA-20061211-02128


Dear Ms. Dortch:

       As you will be well aware, the Federal Communication Commission and the
Comisión Nacional de Comunicaciones (CNC) of the Republic of Argentina entered into
a Coordination Agreement regarding the use of the 81ºW orbital position during the past
months of July and August 1998.

        Therefore, the FCC has required the companies interested in obtaining STAs to
use the mentioned resource, to request a letter from the CNC stating that it has no
objections regarding the same.

       Although on this occasion the CNC has not received a request such as the
aforementioned, you will find, as follows, the position of the Administration of Argentina
regarding this issue:

Rights before the International Telecommunication Union (ITU)

        The Administration of Argentina notified the ITU on October 17th 2005 the
bringing into use of the P.P.SAT-1 satellite system (former NAHUEL F) at 81ºW orbital
position.

The Director of ITU Radiocommunication Bureau announced to the 39º Meeting of the
ITU Radio Regulations Board that the “P.P.SAT–1 satellite network located at 81º W had


been brought into use on October 17th 2005, that is to say, within the regulatory term
provided by §11.44 of the Radio Regulations”1

The 40th RRB Meeting received a communication from the Administration of the Office
of Communications (OFCOM) of the United Kingdom challenging the information
provided by Argentina regarding the bringing into use of the mentioned satellite system.
In this sense, “the Board took into consideration and reviewed all the applicable and
available information and determined that there is no need to give new instructions to the
RB in connection with the P.P. SAT – 1 satellite networks”2

The Administration of Argentina notified ITU about the suspension of use of the
allocation to P.P.SAT-1 (81ºW) satellite system on November 19th 2005, in accordance
with section §11.49 of the Radio Regulations.


Argentina’s Satellite Project

The Republic of Argentina started an ambitious development of the national satellite
industry with the creation and organization of the EMPRESA ARGENTINA DE
SOLUCIONES SATELITALES AR-SAT (ARSAT) upon the passing of the Bill 26.092
of April 5, 2006.

In such Act 26.092, ARSAT was authorized to use the 81ºW orbital position and its
associated frequency bands.

ARSAT is compelled by the National State to occupy and bring into service a satellite
system at 81ºW orbital position by but no later than July 30th 2007 (Last deadline date)

ARSAT has started negotiations to procure the necessary resources in order to comply
with the mentioned obligations as soon as possible.

Conclusions

Within this background, the CNC of the Republic of Argentina respectfully requests the
FCC denies the application of the STA filed by SES Americom Inc., as well as any other
STA application that might be filed in the future, until the Administration of Argentina,
through its company ARSAT, brings again into service the allocation of the satellite
system on a regular basis.

Respectfully yours,


1
 Summary of Decisions of the 39th Meeting of the Radio Regulations Board. Item no. 4 (Document
RRB05-4/5, December 9 2005)
22
   Summary of Decisions of the 40th Meeting of the Radio Regulations Board. Item no. 9 (Document
RRB06-1/8, February 24 2006.)


[NAME]
[TITLE]
[CONTACT INFORMATION]


Cc:   John Giusti, Acting Bureau Chief
      International Bureau
      Federal Communications Commission
      E-mail: John.Giusti@fcc.gov

      Robert Nelson, Chief, Satellite Division
      International Bureau
      Federal Communications Commission
      E-mail: Robert.Nelson@fcc.gov

      Scott Kotler
      Chief, System Analysis Branch
      International Bureau
      Federal Communications Commission
      E-mail: Scott.Kotler@fcc.gov

      Mr. James R. Barker
      SES Americom, Inc.
      Four Research Way
      Princeton, NJ 08540 −6684
      U.S.A.
      Telephone: +1-609−987−4062
      Fax: +1-609−987−4260
      E−Mail: jim.barker@ses-americom.com




                                                 GERENTE DE RELACIONES INTERNACIONALES E
                                                             INSTITUCIONALES
                                                  COMISIÓN NACIONAL DE COMUNICACIONES



Document Created: 2006-12-28 19:46:37
Document Modified: 2006-12-28 19:46:37

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