Attachment Grant

Grant

DECISION submitted by FCC

Grant

2009-07-20

This document pretains to SES-STA-20090615-00734 for Special Temporal Authority on a Satellite Earth Station filing.


                                                    SES—STA—20090615—00734            1B2009001611
                                      Lockheed Martin Corporation


                                                                                                                              Approved by OMB
                                                                                                                                     3060—0678

                            APPLICATION FOR EARTH STATION SPECIAL TEMPORARY AUTHORITY



APPLICANT INFORMATIONEnter a description of this application to identify it on the main menu:
LM—STA E7541/E920702
 1. Applicant

           Name:        Lockheed Martin Corporation           Phone Number:                            703—413—5970
           DBA Name:                                          Fax Number:                              703—413—5908
           Street:      1550 Crystal Drive                    E—Mail:                                  jennifer.warren@Imco.com
                        Suite 300
           City:        Arlington                             State:                                   VA
           Country:     USA                                   Zipcode:                                 22202       =—
           Attention:   Ms Jennifer Warren




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                                                                       Call Sign               GrantDate_"// {&/22


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                                                                       (or other identifier)    _=<>        §      e


                                             |    GRANTED
                                             | International Bureaun   Approved:Z
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                                    Attachment



SES—STA—20090615—00734
Condition:
All operations shall be on an unprotected and non—harmful interference basis, i.e.,
Lockheed Martin Corporation shall not cause harmful interference to, and shall not claim
protection from, interference caused to it by any other lawfully operating station.




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                                                           Fie #36S—STA—249 OtelS—00 7?%

                                                           Call Sign               Grant Date 7/ o?O/b )
                                                           (or other identifier)


                                                         | mHtarlog
                                                                                   Term Dates
                                                                                         1::&/ O (9'2/ 022


2. Contact


             Name:          Stephen D. Baruch                   Phone Number:                         202—416—6782
             Company:      Lerman Senter PLLC                   Fax Number:                           202—429—4626
             Street:       2000 K Street, N.W.                  E—Mail:                               sbaruch@lermansenter.com
                            Suite 600
             City:         Washington                           State:                                DC
             Country:      USA                                  Zipcode:                              20006       —
             Attention:                                         Relationship:                         Legal Counsel


(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 SESLIC2008110301443           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        (el Noncommercial educational licensee
C Other(please explain):

4b. Fee Classification    CGX — Fixed Satellite Transmit/Receive Earth Station

5. Type Request


O   Use Prior to Grant                            3   Change Station Location                         @   Other


6. Requested Use Prior Date
      07/21/2009
7. CityCarpentersville                                                     8. Latitude
                                                                           (dd mm ss.s h)   40   38    39.1   N


9. State   NJ                                                              10. Longitude
                                                                           (dd mm ss.s h)     75   11     27.8   W
11. Please supply any need attachments.
Attachment 1: Narrative Exhibit                   Attachment 2:                                         Attachment 3:


12. 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 to permit operation of 14.2m Ku—band antenna for provision of TT&C services during
     launch and transfer orbit operations of JCSAT—12.                              See Attachment for details of proposed
    operation.




13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is               Yes        g4 No
subject 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 &quot;party to the application&quot; for these purposes.


14. Name of Person Signing                                                  15. Title of Person Signing
   Jennifer A. Warren                                                         Vice President, Technology Policy & Regulation
           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).


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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.


                                                                         Lockheed Martin Corporation
                                                        Carpentersville, New Jersey Earth Station STA
                                                                                            June 2009
                                                                                          Attachment

                                                   Description

         Lockheed Martin Corporation ("Lockheed Martin®") requests special temporary authority
("STA") to operate its Carpentersville, New Jersey Ku—band fixed earth station (see File No.
SES—LIC—20081103—01443, as amended) to provide telemetry, tracking and control ("TT&C")
functions during the post—launch and transfer orbit phases of operation for the JCSAT—12
satellite.‘ JCSAT—12 is currently scheduled for launch on August 18, 2009, and Lockheed
Martin would need to begin test transmissions in preparation for the launch approximately on or
about July 21, 2009." Lockheed Martin specifically seeks authority to transmit telecommand
signals on the 14.496 GHz and 13.9935 GHz (on—orbit contingency only) frequencies and to
receive telemetry signals from the satellite on the 12.74835 GHz and 12.74975 GHz frequencies.
Lockheed Martin is requesting the duration of this STA to be three months from July 21, 2009,
in the event of any slippage in the anticipated dates of the various phases of operation, and
expects that all station operations will be completed for JCSAT—12 within 30 days after the
satellite is launched.

        Of the transmit frequencies Lockheed Martin seeks to use for the JCSAT—12 TT&C
support operations, only the 14.496 GHz frequency is included in Lockheed Martin‘s former
license for Call Sign E920702 and current application for the Ku—band antenna in File No. SES—
LIC—20081130—01443 (under Call Sign E7541). Lockheed Martin emphasizes, however, that its
proposed transmissions on both the 14.496 GHz and 13.9935 GHz frequencies will use the
emission designators for telecommand that are proposed in the pending license application.
Specifically, transmissions would use the 3M00F3D and 3M00G7D emission designators. When
no commands are being sent, the CW carrier (3MOONON) would be present. See File No. SES—
AMD—20081219—01664, at Schedule B. The information in the Schedule B portion of Lockheed
Martin‘s pending application in File No. SES—LIC—20081130—01443, as amended, is hereby
incorporated by reference.

        The maximum EIRP per carrier would be as specified in the Schedule B for the 14.496
GHz frequency. For the 13.9935 GHz frequency, the maximum EIRP per carrier would be
limited to 85 dBW, in order to ensure that operations on that frequency are compliant with
Section 25.204(f) of the Commission‘s Rules (which specifies that the e.i.r.p. of any emission
from a 13.75—14 GHz band earth station must be at least 68 dBW and not more than 85 dBW,


‘ The pending application in File No. SES—LIC—20081103—01443, under Call Sign E7541, was filed on a provisional
basis to replace Lockheed Martin‘s inadvertently non—renewed license for a 14.2 meter Ku—band antenna at the
Carpentersville, NJ site under Call Sign E920702. Lockheed Martin‘s petition to reinstate the license for Call Sign
E920702, as well as the "replacement" application it filed in the alternative under File No. SES—LIC—20081103—
01443 and Call Sign E7541, are pending.

* The test transmissions that would begin on July 21 would last for approximately five days. During these tests, the
earth station would not be communicating with any satellite; instead, the transmissions will be made with the
antenna at zenith to verify RF functionality.


with a minimum antenna diameter of 4.5 meters). 47 C.F.R. § 25.204(f). The 13.9935 GHz
frequency in included in this STA request is on a contingency basis. If the transfer orbit
operations for the JCSAT—12 satellite proceed as planned, this telecommand frequency would not
be used until the spacecraft is on station over Japan (i.e., transmissions to the satellite would not
be conducted from the Lockheed Martin earth station). To the extent that any immediate post—
launch and transfer—orbit operations on the 13.9935 GHz frequency could be with a spacecraft
that has not yet reached geostationary orbit, Lockheed Martin notes that such use of the 14.2
meter Ku—band antenna at the Carpentersville facility is consistent with Section 25.202(a)(1) of
the Commission‘s Rules, which limits the use of the 13.75—14 GHz uplink by non—geostationary
systems to gateway earth station operations. See 47 C.F.R. § 25.202(a)(1), Note 12.

        All of Lockheed Martin‘s proposed TT&C operations in support of the JCSAT—12 launch
will be on a strictly non—harmful interference, non—protected basis. With respect to the proposed
telemetry receive operations on 12.74835 GHz and 12.74975 GHz, Lockheed Martin notes that
the 12.7—12.75 GHz band is allocated for FSS (space—to—Earth) operations in ITU Region 3
(where the JCSAT—12 is intended for permanent operation at around 128° E.L.). Because the
reception of telemetry signals at 12.74 GHz is inconsistent with the allocation table in both ITU
Region 2 and the United States, Lockheed Martin requests a waiver of Section 2.106 and Section
25.202(a)(1) of the Commission‘s Rules to permit it to receive these signals from JCSAT—12, at
the Carpentersville earth station, on a limited duration basis. Lockheed Martin believes that such
operations — which it and the satellite operator will coordinate in advance with any and all
potentially affected entities that operate communications systems in compliance with the Table
of Frequency Allocations during the limited period of use — are required in the public interest.
Lockheed Martin‘s earth station will be part of a global network of control facilities that will be
used to position the satellite as it progresses from transfer orbit to its final location. The safe and
orderly use of the entire geostationary orbital resource and protection of the hundreds of satellites
from the U.S. and other countries that operate there depends in no small part on ensuring that the
JCSAT—12 satellite is controlled while over North America, and Lockheed Martin‘s earth station
thus will serve a limited—duration, but nonetheless vital function. Under these circumstances,
where the purpose of the allocation rules is not contravened and the public interest is clearly
advanced, a waiver grant to Lockheed Martin is appropriate.

        Lockheed Martin designates Michael Usarzewicz to be the contact person that will be
available whenever transmission to, or reception from. JCSAT—12 is to occur through the subject
earth station. Mr. Usarzewicz can be reached at the following cell phone number: (609)—865—
2658 and/or station number: (908) $§59—4050.

        The antenna to be used for this STA is already built. It is the same antenna that was
previously authorized under Call Sign E920270 and that is now the subject of the pending
application and reinstatement request described in Note 1 above. For this reason, Lockheed
Martin does not provide a new analysis of non—ionizing radiation for the antenna, or any of the
detailed transmission/reception parameters for the signals. Instead, Lockheed Martin
incorporates by reference the radiation hazard study and Schedule B information that were
included with the November 2008 modification application in File No. SES—LIC—20081103—
01443, as amended.


        In sum, Lockheed Martin requests authority to operate its Carpentersville, NJ Ku—band
earth station antenna to provide critical TT&C services during the launch and early operations
phase of the JCSAT—12 satellite, for a term of three months commencing July 21, 2009.

       Attachment 1 to this Exhibit contains Lockheed Martin‘s requests for waivers of Sections
25.137 and 25.114 of the Commission‘s Rules.


                                                                                ATTACHMENT 1

                         Requests for Waivers of Sections 25.114 and 25.137

       Section 25.137 of the Commission‘s Rules, 47 C.F.R. § 25.137, specifies that earth
station applicants requesting authority to operate with a non—U.S. licensed space station to serve
the United States must demonstrate that effective competitive opportunities exist and must
provide the same technical information that Section 25.114 of the Commission‘s Rules requires
of space station applicants. As explained below, a waiver of both Section 25.137 and Section
25.114 is appropriate here for the launch and transfer—orbit phase TT&C operations that
Lockheed Martin will be providing through its earth station as part of a global TT&C network.

       Lockheed Martin is seeking to provide mission—critical services to ensure the operational
integrity of a newly—launched satellite, manufactured in the United States at Lockheed Martin
facilities for a Japanese satellite services provider. Lockheed Martin emphasizes that the TT&C
support services that would be provided under this STA to the Japanese operator of the JCSAT—
12 satellite are to be provided through the Carpentersville, NJ earth station on a very limited
duration basis, and will cease once the JCSAT—12 satellite moves out of view of the
Carpentersville, New Jersey earth station and toward its permanent home in an orbital location
that serves Japan. Lockheed Martin is not the operator of the JCSAT—12 satellite, and will be
using the Carpentersville, NJ Ku—band antenna to provide post—launch and transfer—orbit TT&C
services as part of global network of TT&C operators for the spacecraft.

         If Section 25.137 and Section 25.114 are deemed applicable to Lockheed Martin‘s
proposed STA, the rule provisions should be waived. Section 25.137 is designed to ensure that
U.S.—licensed satellite systems have effective competitive opportunities to provide analogous
services in other countries. 47 C.F.R. § 25.137(a). Competitive opportunities for U.S. licensees
are not relevant here, JCSAT—12 will not be providing any "services" while in communication
with Lockheed Martin‘s earth station; instead, the satellite will be providing telemetry data and
will be receiving telecommands as it is being moved from its orbital injection point to its
destination on the geostationary arc. Despite the fact that Japan (the authorizing administration
for JCSAT—12) is a WTO member, and thus is presumed to provide effective competitive
opportunities, the underlying rule was not designed or intended to be applied to situations such as
Lockheed Martin‘s fleeting post—launch/transfer—orbit use. Grant of a waiver to Lockheed Martin
would not undermine the rule‘s purpose, and the public interest would clearly be advanced when
there is a secure space object and no interruptions of others‘ use of the geostationary arc. The
public interest would also be advanced by the fact that the STA promotes the ability of a U.S.
satellite manufacturer to meet the requirements of its overseas customers — and thus helps retain
important manufacturing jobs in the United States and reduce the trade deficit.

        For similar reasons, the comprehensive data submission for space—station applicants that
is required by Section 25.114 of the Commission‘s Rules is not needed or even useful with
respect to Lockheed Martin‘s proposed post—launch/transfer—orbit operation. Lockheed Martin
will be providing telecommand and telemetry information for a satellite that is operating in a
non—geostationary orbit on a very small subset of its ultimate communications payload. Section
25.114 and the associated Schedule S data elements pertain to a spacecraft that is in its


operational configuration on the geostationary arc. The information requested in Section 25.114
is thus not relevant to the limited—duration communications that will occur with the JCSAT—12
satellite while it is in non—geostationary orbit or in orbit at a non—permanent location.

       Lockheed Martin will take every precaution to ensure the protection of government
radiolocation facilities that operate in the upper portion of the 13.75—14 GHz band, and will
coordinate with any potentially affected satellite operators in the upper part of the 14—14.5 GHz
band (there are no radioastronomy sites potentially affected by operation of the Carpentersville,
NJ facility in the 14.47—14.5 GHz portion of the band). Under these circumstances, where
obtaining the information required by Section 25.114 would both be a burden on Lockheed
Martin and not advance in any way the purpose for which the Commission‘s rules require such
information (i.e., the prevention of harmful interference), waiver of the information requirements
of Section 25.114 is warranted.



Document Created: 2019-04-21 18:32:06
Document Modified: 2019-04-21 18:32:06

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