Attachment 20100524120439.pdf

20100524120439.pdf

DECISION submitted by IB/FCC

Grant

2010-05-21

This document pretains to SES-STA-20100426-00474 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2010042600474_819132

SES—STA—20100426—00474 182010001290 Universal Space Network, 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: Satcom BW2 Hawaii 1. Applicant Name: Universal Space Network, Inc. Phone Number: 215—328—9130 DBA Name: Fax Number: 215—3528—9152 Street: 417 Caredean Drive E—Mail: jswank@uspacenet.com Suite A City: Horsham State: PA Country: USA Zipcode: 19044 + Attention: Joanne Swank riesSC—Sth 2015042 6—6 0414 Call Sign GrantDate_4/@ /O (or other identi §~\A~§c?mm O\oaMo in Cl > To: GRANTED International Bureau Approved:

Attachment SES—STA—20100426—00474 Conditions: 1. All operations shall be on an unprotected, non harmful interference basis to government operations 2. All operations shall expire no later than 30—days from the date of launch. 3. All operations shall be limited to telemetry, tracking, and control (TT&C) during launch and early orbit. 4. Universal Space Networks will inform AFFMA (robert.lando@pentagon.af.mil, 703— 428—1513) at least 24 hours prior to the planned launch and commencement of operations if the launch is delayed beyond May 21, 2010. ore @ovdzfi‘a;g 7| ns » SCsSTh —2010042G—0049¢ gi Call Sign ___________ Grant Date "01?["/0 | (0 l %%\\—\p stes 0\9%\46 F4Er )\@LU/}CA To: S

2. Contact Name: Universal Space Network, Inc. Phone Number: 215—328—9130 Company: Fax Number: 215—328—9132 Street: 417 Caredean Drive E—Mail: jswank@uspacenet.com Suite A City: Horsham State: PA Country: USA Zipcode: 19044 — Attention: Relationship: (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? g, IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). {3 Governmental Entity (a) Noncommercial educational licensee «4 Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request ggy Use Prior to Grant ¢*4 Change Station Location £4 Other 6. Requested Use Prior Date 05/20/2010 7. CityNaalehu 8. Latitude (dd mm ss.s h) 19 0 50.3 N

9. State HI 10. Longitude (dd mm ss.s h) 155 39 46.6 W 11. Please supply any need attachments. Attachment 1: FCC 312 Attachment 2: Coordination Study Attachment 3: Waiver—Analysis 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 request for Satcom BW2 support from Hawaii. Current launch date of May 21, 2010. Support is required for launch + 3 days. Requesting a 30 days STA to support launch slips 13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is Yes «y 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 Joanne Greet—Swank Manager, Compliance WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / ORIMPRISONMENT (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).

ECC 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 numberor 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 LaAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

Exhibit C PETITION FOR WAIVER OF SECTION 25.137 AND 25.114 AND OF THE U.S. TABLE OF FREQUENCY ALLOCATIONS 1. TO THE EXTENT THEY APPLY, GOOD CAUSE EXISTS FOR A WAIVER OF CERTAIN PORTIONS OF SECTIONS 25.137 AND 25.114 Universal Space Network, Inc. (USN) is provided limited legal and technical information for the Comsat—BW2 Satellite.‘ Pursuant to Section 25.137 of the Federal Communications Commuission‘s ("Commission" or "FCC") rules, the same technical information required by Section 25.114 for U.S.—licensed space station, and certain legal information, must be submitted by earth station applicants "requesting authority to operate with a non—U.S. licensed space station to serve the United States..."" USN seeks authority to support the needed Telemetry, Tracking, and Control ("TT&C") during launch and early orbit support ("LEOP") of the Comsat—BW2 spacecraft from launch to geostationary parking , not commercial service to the United States, and thus believes that Section 25.137 does not apply. To the extent the Commission determines, however, that USN‘s request for authority to provide LEOP on a special temporary basis is a request to serve the United States with a non— U.S—licensed satellite, USN respectfully requests a waiver of Sections 25.137 and 25.114 of the Commission‘s rules, to the extent that USN has not herein provided the information required by these rules. * The Commission may grant a waiver for good cause shown." A 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 for a waiver of portions of Section 25.114 exists. USN seeks authority only to conduct LEOP support for Comsat—BW2. Thus, any information sought by Section 25.114 that is not relevant to the LEOP —e.g., antenna patterns, energy and propulsion and orbital debris — USN does not have. In addition, USN would not easily be able to obtain such information because USN is not the operator of the Comsat—BW2 satellite, nor is USN in contractual privity with that operator. Rather, USN has contracted with DLR (German Space Agency), the satellite owner and the spacecraft is launched by CNES from French Guiana, to support the GEO transfer portion in S—Band of the satellite prior to its commercial operation. As evidenced by the Comsearch report attached to this request, USN has coordinated the LEOP of the Comsat—BW2 satellite with potentially affected terrestrial operators. Moreover, as with any STA, USN will conduct the LEOP on an unprotected, non—interference basis to government operations. ‘FCC Form 312 Section B 247 C.F.R. § 25.137(a) 3 47 C.F.R. §§25.137 and 25.114 *47 C.F.R. §1.3 Page 1 of 6

Because it is not relevant to the service for which USN seeks authorization, and because obtaining the information would be a hardship, USN seeks a waiver of all the technical and legal information required by Section 25.114, to the extent it is not provided herein. As noted above, USN has provided the required information to the extent that it is relevant to the LEOP service for which USN seeks authorization. Good cause also exists to waive portions of Section 25.137, to the extent the information required is not herein provided. 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; USN is providing TT&C while the satellite is on the way to it‘s geosynchronous parking orbit. 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 USN to post a bond in order to conduct 3 days of LEOP support of the Comsat—BW2 satellite. It is USN‘s understanding that Comsat—BW2 is licensed by DLR. Comsat—BW2 is a German Armed Forces communications satellite, and is not intended to serve the United States. Thus, the purpose 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 service the United States — will not be undermined by grant of this waiver request. Finally, USN notes that it expects to communicate with the Comsat—BW2 satellite using its U.S. earth station for a period of only 3 days. Requiring USN to obtain technical and legal information from an unrelated party, where there is no risk of interference and the operation will cease within 3 days would pose undue hardship without serving underlying policy objectives. Given these particular facts, the waiver sought herein is appropriate. ©$47 C.FR. §25.137(d)(4) Page 2 of 6

IL. GOOD CAUSE EXISTS FOR A WAIVER OF THE UNITED STATES TABLE OF FREQUENCY ALLOCATIONS USN further requests a waiver of the United States Table of Frequency Allocations ("U.S. Table") as described in section 2.106 of the rules for the frequency bands 2025 — 2110 MHz (Earth—to—Space) and 2200 — 2290 MHz (Space—to—Earth)." Section footnotes allow for non—federal Government use of these bands in the United States on a case—by—case non— interference basis. Such use by USN necessitates a waiver of the U.S. Table. Good cause exists to grant USN a limited waiver of the U.S. Table to allow LEOP of the Comsat—BW2 satellite. In considering request for case—by—case spectrum uses, the Commission has indicated that is would generally grant such waivers "where there is little potential for interference into any service authorized under the Table of Frequency Allocations and when the case—by—case operator accepts any interference from authorized services." ‘ USN will coordinate with other parties operating communication systems in compliance with the Table of Frequency Allocations to ensure that no harmful interference is caused. USN seeks to operate only pursuant to special temporary authorization and thus agrees to accept any interference from authorized services. In summary, USN‘s operation on a non—interference, non—protected basis support waiver of the U.S. Table. °47 C.F.R. §2.106 ‘ Previously approved STA‘s for Universal Space Network SES—STA—20020725—01174; SES—STA—20021112— 02008; SES—STA—20040315—00475 _ Page 3 of 6

USN support of Comsat—BW2 from Hawaii Comsat—BW2 launches from the Centre Spatial Guyanais (CSG), Kourou in French Guyana on the ARIANE 5 launch vehicle. Nominal lift—off time schedule is: May 21°, 2010 at 22:01:00 UTC. USN will only support the Launch and Early Orbit (LEOP) phase of the mission. Sequence of events for support of Comsat—BW2 from USN—Hawaii: Launch 21—May 22:01:00 UTC Separation 21—May 22:34:01 UTC Hawaii AOS (pass#1) 23— May 05:29:19 UTC Hawaii LOS 23— May 05:57:32 UTC Orbital maneuver burn #1 23— May 11:10:10 UTC Hawaii AOS (pass#2) 23— May 19:09:58 UTC Hawaii LOS 24— May 07:20:21 UTC Hawaii End of Mission 24— May 07:20:21 UTC Detailed pass support USN will support Comsat—BW2 for a total of 2 passes starting 22—May thru 24—May. Not all possible visibility times will be supported. Actual support details and times for each pass are shown below. Page 4 of 6


Document Created: 2019-05-22 11:58:39
Document Modified: 2019-05-22 11:58:39
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