Attachment 20091028165321.pdf

20091028165321.pdf

DECISION submitted by FCC

Grant

2009-10-28

This document pretains to SES-STA-20091016-01333 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2009101601333_773388

KL92 SES—STA—20091016—01333 182009005413 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: STA for Earth Station KL92 to Provide LEOP Services for the W7 Satellite Launch 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 t | mee SES—STR200%z0!tG—01( 323 Catt Sign £1.99,_ GrantDate IO[&S&)& (or otheridentifier) > Term Dates From LQLLVC To: :\T‘_SQQQQ.\{\S Approved:

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. i. Ceditans pus sblEs—StmhOrNollG—OES 03 c;umm&( c[& Grant Date 1'015(8[ (or other identifier) Term Dates » ‘whe TED From (/\u’/u To: ‘f'go &a $ | GRAN 277 | rnatitional Bure au ,,\pprawx'cdtTé%(\ ¥\e>— dw() gc:adf) Eng+5 .

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? @ 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 C3 Noncommercial educational licensee £3 Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request C3 Use Prior to Grant ) Change Station Location @ Other 6. Requested Use Prior Date 7. CityCastle Rock 8. Latitude (dd mm ss.s h) 39 16 38.0 N

9. State CO 10. Longitude (dd mm ss.s h) 104 48 25.0 W 11. Please supply any need attachments. Attachment 1: STA Request Attachment 2: Exhibit A Attachment 3: Exhibit B 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 November 18, 2009 through December 17, 2009, to use its Castle Rock, Colorado Ku—band earth station, call sign KL92, to provide LEOP services for the W7 satellite that is expected to be launched on November 18, 2009. The LEOP period is expected to last approximately ten days. 13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is @ Yes {3 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 ordistribution 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.S. 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@fcec.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 L&AW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

October 16, 2009 Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12"" Street, S.W. — Washington, D.C. 20554 §' INTELSAT Re: Request for Special Temporary Authority Castle Rock, Colorado Earth Station KL92 Dear Ms. Dortch: PanAmSat Licensee Corp. (“PanAmSat”) herein requests a grant of Special Temporary Authority ("STA")‘ for 30 days, from November 18, 2009 through December 17, 2009, to use its Castle Rock, Colorado Ku—band earth station —— _ call sign KL92 —— to provide launch and early orbit phase ("LEOP") services for the W7 satellite that is expected to be launched on November 18, 2009 The LEOP period is expected to last approximately ten days." The W7 LEOP operations will be performed in the following frequency bands: 14250.0 MHz and 14499.8 MHz (uplink), and 10950.2 MHz and 11701.2 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 contact information for the W7 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 and B, which contain a waiver request, as well as technical information that demonstrates that the operation of the earth station will be compatible with its ‘ 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"). * The permanent orbital location for the W7 satellite is 36° E.L. * PanAmSat is seeking authority throughDecember 17, 2009 to accommodate a possible launch delay. * Telespazio, which is managing the W7 launch mission, will be handling 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 October 16, 2009 Page 2 electromagnetic environment and will not cause harmful interference into any lawfully operating terrestrial facility." In the extremely unlikely event that harmful interference should occur due to transmissions to or from its éarth station, PanAmSat will take all reasonable steps to eliminate the interference. Grant of this STA request will allow PanAmSat to help launch the W7 satellite _ to the 36° E.L. location. This, in turn, will help expand capacity at that location, and thereby promote the public interest. Please direct any questionsregarding this STA request to the undersigned at (202) 944—7848. Respectfully submitted, TsC120 Susan H. Crandall Assistant General Counsel Intelsat Corporation Co: Kathyrn Medley * PanAmSat is not submitting a radiation hazard report because the maximum EIRP will be within licensed levels. -

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 demonstrate that effective ‘competitive opportunities exist and must prov1de the same technical information required by Section 25.114 for U.S.—licensed space stations.‘ PanAmSat Licensee Corp. ("PanAmSat") hersin seeks authority to provide launch and early orbit phase ("LEOP") services —— not commercial services —— to the United States, and thus believes that Section 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, Pa.nAmSat respectfully requests a waiver of Sections 25.137 and 25 114of the Commission‘s rules." The Commission may grant a waiver for good _ cause shown." The Commission typically grants a waiver where the particular facts make strict compliance inconsistent with the public interest." In granting a waiver, the Commission may take into account cons1derat10ns of hardship, equity, or more effective implementation of overall policy on an individual basis." Waiver is therefore appropriate if special cireumstances 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 W7 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 W7 satellite, nor is PanAmSat in contractual privity with that operator. Rather, an affiliate of PanAmSat has a contract with Telespazio, the LEOP rmission manager hired by the manufacturer of the W7 satelhte to conduct LEOP services for the satellite. The information that PanAmSat is not including is not required to determine potential harmful interference. The Schedule S information for this satellite would pertain tothe operation — of the W7 satellite at its final orbital location. However, the present 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 asatellite located in the geostationary orbit. Rather, it will be transmitting 47 C.F.R. § 25.137 (emphasis added). 247 C.F.R. §§ 25.137 and 25.114. ‘47 C.F.R.§1.3. * N.E. Cellular Tel. Co. v. FCC, 897 F.24 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.24 at 1166,

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— interference 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 0?erate with a non— TU.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 W7 satellite. It is PanAmSat‘s understanding that W7 is licensed by France, which is a WTO—member country. It is also PanAmSat‘s understanding that at its permanent orbital location of 36° E.L., W7 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 servmg the United States—will not be undermmed by grant of this waiver request. Finally, PanAmSat notes that it expects to operate with the W7 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 risk of 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 C.FR. §25.137(d)(4).,


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Document Modified: 2019-06-05 13:40:32
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