Attachment 20100226101800.pdf

20100226101800.pdf

DECISION submitted by FCC

Grant

2010-02-26

This document pretains to SES-STA-20100219-00229 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2010021900229_803731

E980076 % SES—STA—20100219—00229 1B2010000668 SES Americom, Inc. 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 NSS—5 TT&C operations at 20W 1. Applicant Name: SES Americom, Inc. _ Phone Number: 202—478—7137 DBA Name: Fax Number: 202—478—7101 Street: 2001 L Street, NW E—Mail: daniel.mah@ses.com Suite 800 City: Washington State: DC Country: USA Zipcode: 20036 * Attention: Daniel C.H. Mah Filk #SCS—STKk~—Z0000 2(4 —00 2. 29 Call SignEGQ00(g Grant Date_ & [;2 20/ 0 (or other identifier) ¢ Term Dates ' i From mQ/‘ D/UD 2010 To: 9? 7 410/0 A PprOV red® 4: _z s /"‘7

Attachment SES—STA—20100219—00229 E980076 Condition: All operations shall be on an unprotected and non—harmful interference basis, i.e., SES Americom, Inc. shall not cause harmful interference to, and shall not claim protection from, interference caused to it by any other lawfully operating station and it shall cease transmission(s) immediately upon notice of such interference. 10 im Cguddiam file # SCS—Sth —20100 219 -Odl?fi Call SignCY O 2( Grant Date QJ:L!Q‘ZOIO (or other identifier) Term Dates ~/ 9 Fromp-[%_(;léioerm TO:QLQ_O_LQ;Q[O [ Approved:. on

2. Contact Name: Brian Weimer Phone Number: 202—469—4904 Company: Sheppard Mullin Richter & Fax Number: 202—312—9446 Hampton, LLP Street: 1300 I St., NW E—Mail: bweimer@sheppardmullin.com 11th Floor East City: Washington State: DC Country: USA Zipcode: 20005 —3314 Attention: Relationship: Legal Counsel (If your application is related to an application filed with the Commission, enter eitherthe 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 reasonfor fee exemption (see 47 C.F.R.Section 1.1114). 3 Governmental Entity (a Noncommercial educational licensee C Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request & Use Prior to Grant C Change Station Location {3 Other 6. Requested Use Prior Date 02/26/2010

7. CityBristow 8. Latitude (dd mm ss.s h) 38 47 1.0 N 9. State VA 10. Longitude (dd mm ss.s h) 77 34 23.0 W 11. Please supply any need attachments. Attachment 1: Narrative 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.) See attached narrative. 13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is Yes & 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 j 15. Title of Person Signing Daniel CH. Mah Regulatory Counsel 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@fcc.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.

REQUEST FOR SPECIAL TEMPORARY AUTHORITY Earth Station E980076 SES Americom, Inc. ("SES Americom") hereby requests special temporary authority ("STA") for a period of 30 days commencing no later than February 26, 2010 to permit earth station E980076 to communicate with the NSS—5 spacecraft in order to provide telemetry, tracking and control ("TT&C") in the conventional C—band.‘ NSS—5 is a Netherlands—licensed C— and Ku—band spacecraft operated by New Skies Satellites B.V. (doing business as "SES WORLD SKIES") that is currently in transit and expected to arrive at the 20.0° W.L. (340.0° E.L.) orbital location within the next week. SES WORLD SKIES filed a petition for declaratory ruling {("PDR") to add the conventional C—band payload on the NSS—5 satellite to the Permitted Space Station List at the 20.0° W.L. orbital location on December 8, 2009. See IBFS File No. SAT— PPL—20091208—00142. The PDR has not yet been accepted for filing by the Federal Communications Commission ("FCC"). As noted in the PDR, the Intelsat 603 spacecraft is currently operating in inclined orbit at 19.95° W.L. under an FCC license. In order to better serve customers from that orbital location, Intelsat and SES WORLD SKIES entered into an agreement to provide for station—kept replacement capacity at 20.0° W.L. using the NSS—5 satellite. The agreement contemplates that SES WORLD SKIES will control the satellite and operate the C—band payload under its Dutch license, and that Intelsat will operate the Ku—band payload on NSS—5 under its FCC license. Intelsat filed an application to replace the Ku—band portion of its Intelsat 603 satellite with the Ku—band payload on NSS—5 on December 8, 2009. This Intelsat application was accepted for filing and placed on public notice by the FCC on February 5, 2010. See IBFS File No. SAT— A/O0—20091208—0014. Full technical information regarding NSS—5 and the proposed TT&C operations is already on file with the FCC in the PDR, which included a completed Schedule S and a narrative technical appendix. See, e.g., PDR narrative technical appendix at Section 5.3. SES Americom hereby incorporates these materials by reference herein. As noted in the legal narrative accompanying the PDR, Section 25.202(g) of the FCC‘s rules requires that TT&C functions for U.S. domestic satellites be conducted at either or both edges of the allocated frequency band." The TT&C carriers on the NSS—5 spacecraft are located near the center of the C—band, which is a product of the historic international origins and specific design of the INTELSAT system. Thus, for the reasons set forth in the PDR, SES Americom respectfully requests a waiver of Section 25.202(g) to permit SES WORLD SKIES to conduct TT&C operations as contemplated in the PDR. TT&C functions for the NSS—5 spacecraft will be performed in the following frequencies: 6173.7 MHz and 6176.3 MHz for command (with each having a bandwidth of 900 KHz), and 3947.5 MHz, 3948.0 MHz, 3952.0 MHz, and 3952.5 MHz for telemetry (with each having a bandwidth of 500 KHz). Only the 9.3 meter antenna authorized in license E980076 will be utilized to provide these TT&C functions. 2 47 CER. § 25.202(g).

SES WORLD SKIES has coordinated the proposed TT&C operations with potentially affected satellite operators consistent with industry practice and the ITU Radio Regulations. NSS—5 TT&C has been designed to operate at the 20.0° W.L. orbital location fully within the existing coordination envelope that covers Intelsat 603 today. Thus, grant of the requested STA would maintain the existing operational and interference environment for satellite systems located in this portion of the arc. Moreover, earth station E980076 is already coordinated to operate with satellites as far east as 20.0° W.L., which is where NSS—5 will be _ located. SES Americom will be in regular contact with SES WORLD SKIES and Intelsat to ensure that all operations occur on a non—interfering basis. The PDR also includes a showing pursuant to the FCC‘s DISCO II framework applicable to use of foreign—licensed spacecraft to serve the United States. See PDR, legal narrative at 4—8. The instant STA request, however, does not seek authority to use NSS—5 to offer service to U.S. customers. Instead, SES Americom seeks to use earth station E980076 only for TT&C operations. Use of a U.S.—licensed earth station to communicate with a foreign— licensed satellite for TT&C purposes only does not raise the types of market access and competitive parity issues underlying the DISCO II framework. However, to the extent that the Commission believes that a DISCO II showing is required here, SES Americom incorporates by reference the showing provided in the PDR. The requested STA will support deployment of NSS—5 for service to the public by permitting SES Americom to perform TT&C functions for the spacecraft and is, therefore, in the public interest. See Amendment of the Commission‘s Regulatory Policies to Allow Non—U.S. Licensed Space Stations to Provide Domestic and International Satellite Services in the United States, 12 FCC Red 24094 (1997) ("DISCO II").


Document Created: 2019-04-13 05:26:49
Document Modified: 2019-04-13 05:26:49
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