Attachment Grant

Grant

DECISION submitted by FCC

Grant

2009-10-16

This document pretains to SES-STA-20090922-01211 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2009092201211_750448

E4132 SES—STA—20090922—01211 1B2009004651 PanAmSat Licensee Corp. 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: NSS—12 LEOP STA Using Earth Station E4132 1. Applicant Name: PanAmSat Licensee Corp. Phone Number: 202—944—7848 DBA Name: Fax Number: 202—944—7870 Street: c/o Intelsat Corporation E—Mail: susan.crandall@intelsat.com 3400 International Drive, N.W. City: Washington State: DC Country: USA Zipcode: 20008 —3006 Attention: Susan H Crandall 1O UA Condeteone ———~| m+SES STR—20040922—0121( e > § Call Sign £¥132 Grant Date [O{/(o /oj I (or other ifier) | ; Fre (,’;{):__@,fl% Term Dates To: 3{26{)6{ L{S ! (Z/u%}&;w/& Crty B

Attachment Conditions: A) PanAmSat shall notify the Commission in writing within 48 hours of commencing operation under this authorization. B) All operations are on a non—protected, non—interference basis. C) PanAmSat shall coordinate its operations with neighboring satellites with + 6 degrees of its orbital location. D) PanAmSat shall immediate cease operations if interference is reported. ¢ hJ cn @Cemelatitono ) * | mesSES—SmM—zoRro422—0la| | Calt Sn(3A GramtDate_{14)05 (or other identifier) Term Dates To: SOdays

2. Contact Name: PanAmSat Licensee Corp. Phone Number: 202—944—7848 Company: Fax Number: 202—944—7870 Street: c/o Intelsat Corporation E—Mail: susan.crandall@intelsat.com 3400 International Drive, N.W. City: Washington State: DC Country: USA Zipcode: 20008 —3006 Attention: Susan H. Crandall 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 or Submission ID 4a. Is a fee submitted with this application? & IYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). {3 Governmental Entity ¢% Noncommercial educational licensee ¢4 Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request gy Use Prior to Grant C» Change Station Location @ Other 6. Requested Use Prior Date 7. CityFillmore 8. Latitude (dd mm ss.sh) 34 24 22.0 N

9. State CA 10. Longitude (dd mm ss.s h) 118 53 34.0 W 11. Please supply any need attachments. Attachment 1: STA Request Attachment 2: Exhibits A — C 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.) PanAmSat Licensee Corp. herein requests a grant of STA for 30 days, from October 23, 2009 through November 21, 2009, to use its Fillmore, California C—band earth station, call sign E4132, to provide LEOP services to the NSS—12 satellite that is expected to be launched on October 23, 2009. 13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is Yes 4 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 "party to the application" for these purposes. 14. Name of Person Signing 15. Title of Person Signing Susan H. Crandall Asst. General Counsel, Intelsat Corporation 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.$. Code, Title 47, Section 503).

FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. If you have any comments on this burden estimate, or how we can improve the collection and reduce the burden it causes you, please write to the Federal Communications Commission, AMD—PERM, Paperwork Reduction Project (3060—0678), Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects of this collection via the Internet if you send them to PRA@fec.gov. PLEASE DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember — You are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060—0678. 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.

_ September 22, 2009 Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12"" Street, S.W. _ Washington, D.C. 20554 INTELSAT. Re: Request for Special Tem;fiorary Authority Fillmore, California Earth Station F4132 Dear Ms. Dortch: PanAmSat Licensee Corp. (“ParmmSat”) herein requests a grant of Spec1al Temporary Authority ("STA")* for 30 days, from October 23, 2009 through November 21, 2009, to use its Fillmore, California C—band earth station —— call sign F4132 —— to provide launchand early orbit phase ("LEOP") services to the NSS—12 satellite that is expected to be launched on October 23, 20092 The NSS—12 LEOP operations will be performedin the following frequency bands: 6174.0 MHz and 6176.0 MHz (uplink); and - 3948.0 MHz, 3950.0 MHz, and 3952.0 MHz (downlink) The LEOP operations will be coordinated with all operators of satellites that ° use the same frequency bands and are in the LEOP path." All operators of satellites in that path will be provided with an emergency phone number where the licensee can be reached in the event that harmful interference occurs. The 24x7 contactinformation for the NSS—12 LEOP mission is as follows: Harry Burnham or Mike Munion Ph.; (202) 944—7701 > In further support of this request, PanAmSat is attaching Exhibits A—C, which contain technical information that demonstrates that the operation of the earth station will be compatible with its electromagnetic environment and will not * PanAmSat has filed its STA request, an FCC Form 159, a $175.00 filing fee and this supporting letter electronically via the International Bureau‘s Filing System ("IBFS"). * NSS—12‘s permanent orbital location will be 57.0° E.L. * Space Systems Loral, which ii s managing the NSS—12 launch mission, is conducting the coordination. Intelsat Corporation . 3400 International Drive NW, Washington DC 20008—3006 USA www.intelsat.com T +1 202—944—6800 F+1 202—944—7898

Ms. Marlene H. Dortch September 22,.2009 Page 2 I cause harmful interference into any lawfully operating terrestrial facility, as . well as a waiver request. PanAmSat also notes that for purposes of the NSS—12 LEOP mission, it is seeking to operate in the frequencies listed in the request at power levels not to exceed 26.5 dBW. The technical information submitted ' with the STA request reflects a higher power level of 34.2 dBW, because that is the level at which PanAmSat might operate in the event an emergency _ necessitates the use of a higher power level in order to command the satellite. In the extremely unlikely event that harmful interference should occur due to transmissions to or from its earth station, PanAmSat will take all reasonable steps to eliminate the interference. Grant of this STA request will enable PanAmSat to help launch the NSS—12 satellite. This will serve the public interest by ensuring contmulty of service at the satellite‘s permanent location of 57.0° E.L. Please direct any questions regardmg this STA request to the under51gned at (202) 944—7848. Respectfully submitted, C)fl,.;\i C‘_)A,,Q& \v«ma‘ Susan H. Crandall Assistant General Counsel i Intelsat Corporation_ C . Co: . Kathyrn Medley

EXHIBIT A PANAMSA’_I‘ LICENSEE CORP. SPECIAL TEMPORARY AUTHORITY REQUEST EARTH STATION E4132 NSS—12 SATELLITE LEOP SERVICES en zns SEPTEMBER 22, 2009

Exhibit A PETITION FOR WAIVER OF SECTIONS 25.137 AND 25.114 Pursuant to Section 25.137 of the Federal Communications Commission‘s ("Commission" or "FCC") rules, earth station applicants "requesting authority to operate with a non—U.S. licensed space station to serve the United States" must démonstrate that effective competitive opportunities exist and must provide the same technical information required by Section 25.114 for U.S.—licensed space stations.‘ PanAmSat Licensee Corp. . ("PanAmSat") herein seeks authority to provide launch and early orbit phase ("LEOP") services —— not commercial services —— to the United States, and thus believes thatSection 25.137 does not apply. To the extent the Commission determines, however, that PanAmSat‘s request for authority to provide LEOP services on a special temporary basis is a request to serve the United States with a non U.S.~licensed satellite, PanAmSat respectfully requests a waiver of Sections 25.137 and 25.114 of the Commission‘s rules." The Commission may grant a waiver for good cause shown." The Commission typically grants a waiver Where the O particular facts make strict compliance inconsistent with the public interest." In granting a waiver, the Commission may take into account considerations of hardshlp, equlty, or more effective implementation of overall policy on an individual basis." Waiver is therefore appropriate if special circumstances warrant a deviation from the general rule, and such a deviation will serve the public interest. In this case, good cause exists for a waiver of both Section 25.137 and Section 25.114. With respect to Section 25.114, PanAmSat seeks authority only to provide LEOP services for the NSS—12 satellite. The information sought by Section 25.114 is not relevant to LEOP services. Moreover, PanAmSat does not have— and would not easily be able to obtain —— such information because PanAmSat is not the operator of the NSS— 12 satellite, nor is PanAmSat in contractual privity with that operator. Rather, an affiliate of PanAmSat has a contract with Space Systems Loral, the manufacturer of the NSS 12 satellite, to conduct LEOP services for the satellite. The information that PanAmSat is not including is not required to determine potential harmful intérference. The Schedule S information for this satellite would pertain to the operation of the NSS—12 satellite at its final orbital location. However, the present \ 47 CF.R. § 25.137 (emphasis added). 247 CFR. §§ 25.137 and 25.114. 347 CFR. §1.3. e . 6 * N.E. Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) ("Northeast Cellular®). ° WAIT Radio v. FCC, 418 F.2d4 1153, 1159(D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166,

application for LEOP services involves communications prior to the satellite attaining its final location in the geostationary orbit, In other words, during the LEOP mission, the _ earth station will not be communicating with a satellite located in the geostationary orbit. _ ~ Rather, it will be transmitting to a satellite traveling on its "transfer orbit" or "LEOP path", which starts immediately following its separation from a launch vehicle, and ends when the satellite reaches its geostationary orbital location. Moreover, as with any STA, PanAmSat will perform the LEOP services on a non—interfererice basis. Because it is not relevant to the service for which PanAmSat seeks authorization, and because obtaining the information would be a hardship, PanAmSat seeks a waiver of all the information required by Section 25.114. PanAmSat has provided in this STA request the required technical information that is relevant to the LEOP services for which PanAmSat seeks authorization. Good cause also exists to waive Section 25.137. Section 25.137 is designed to ensure that "U.S.—licensed satellite systems have effective competitive opportunities to provide analogous services" in other countries. Here, there is no service being provided by the satellite; it is simply being placed in its orbital location after separating from the launch vehicle. Thus, the purpose of the information required by Section 25.137 is not implicated here. For example, Section 25.137(d) requires earth station applicants requesting authority to operate with a non—U.S.—licensed space station that is not in orbit and operating to post a bond." The underlying purpose in having to post a bond—i.e., to prevent warehousing of orbital locations by operators seeking to. serve the United States—would not be served by requiring PanAmSat to post a bond in order to provide approximately ten days of LEOP services to the NSS—12 satellite. It is PanAmSat‘s understanding that NSS—12 is licensed by the Netherlands, which is a WTO—member country. It is also PanAmSat‘s understanding that at its permanent orbital location of 57.0° E.L., NSS—12 will not serve the United States. Thus, the purposes of Section 25.137—to ensure that U.S. satellite operators enjoy "effective competitive opportunities" to serve foreign markets and to prevent warehousing of orbital locations serving the United States—will not be undermined by grant of this waiver request. f Finally, PanAmSat notes that it expects to operate with the NSS—12 satellite using its U.S. earth station for a period of approximately ten days. Requiring PanAmSat to obtain copious technical and legal information from an unrelated party, where there is no riskof harmful interference and the operations will cease after approximately ten days, would pose undue hardship without serving underlying policy objectives. Given these particular facts, the waiver sought herein is plainly appropriate. 6 See 47 CFR. §25.137(0)(4).


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Document Modified: 2019-04-19 18:57:41
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