Attachment SESSTA2012052300470.

SESSTA2012052300470.

DECISION submitted by INTELSAT LICENSE LLC

STA GRANT WITH CONDITIONS

0000-00-00

This document pretains to SES-STA-20120523-00470 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2012052300470_956989

SES—STA—20120523—00470 182012001290 KA258 INTELSAT LICENSE LLC 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 KA258 to Provide LEOP Services for the SES—5 Satellite 1. Applicant Name: Intelsat License LLC 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 wR lord froag | file# YES—~—STR—20120523— 204f70 | | Call Sign /(A 253’ Grant Date ZQ//S,Z&/Z. (or otheridentifiet) Term Dates to:7Zfeffzo!r | YT9hh! | Internationa 1 Bureau % Approved: ___ mnvonsenanszremmesnsed

Intelsat License LLC KA258 SES—STA—20120523—00470 Special Temporary Authority Intelsat License LLC is authorized to use KA258 in Hagerstown, Maryland, from June 15, 2012 to July 14, 2012 to provide launch and early orbit phase ("LEOP") services for the SES—5 satellite, licensed by the Administration of Sweden, under the following conditions. 1) KA258, 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. 2) —Grant of this authorization is without prejudice to any determination that the Commission may make regarding pending Intelsat License LLC applications. 3) Any action taken or expense incurred as a result of operations pursuant to this special temporary authority is solely at Intelsat License LLC‘s risk. 4) This action is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective immediately. ~*~*~*~A ns GES—M—R2ei2os23 —»c0f70 | et (or oth« ridentifi 17//:,//w/z ‘ rrom _€ hefee eblls

2. Contact Name: Susan H. Crandall Phone Number: 202—944—7848 Company: Intelsat Corporation Fax Number: 202—944—7870 Street: 3400 International Drive, N.W. E—Mail: susan.crandall@intelsat.com 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). {} Governmental Entity C 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 gy Change Station Location ®@, Other 6. Requested Use Prior Date 7. CityHagerstown 8. Latitude (dd mmss.s h) 39 35 54.0 N

9. State MD 10. Longitude (dd mm ss.s h) 77 45 33.0 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.) Intelsat License LLC herein requests a grant of Special Temporary Authority for 30 days, from June 15, 2012 through July 14, 2012, to use its Hagerstown, Maryland Ku—band earth station, call sign KA258 to provide launch and early orbit phase services for the SES—S5 satellite that is expected to be launched mid—June, 2012. 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.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@fce.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.

May 23, 2012 Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12"" Street, S.W. Washington, D.C. 20554 Re: Request for Special Temporary Authority Hagerstown, Maryland Earth Station KA258 Dear Ms. Dortch: Intelsat License LLC ("Intelsat") herein requests a grant of Special Temporary Authority ("STA")‘ for 30 days, from June 15, 2012 through July 14, 2012, to use its Hagerstown, Maryland Ku—band earth station —— call sign KA258® —— to provide launch and early orbit phase ("LEOP") services for the SES—5 satellite that is expected to be launched mid—June, 2012." The LEOP period is expected to last approximately ten days." The SES—5 LEOP operations will be performed in the following frequency bands: 14250.5 MHz and 14499.5 MHz (uplink, RHCP) and 11700.25 MHz, 11698.25 MHz, 11703.3 MHz and 11699.875 MHz (downlink, R/LHCP). ‘ Intelsat has filed its STA request, an FCC Form 159, a $180.00 filing fee and this supporting letter electronically via the International Bureau‘s Filing System ("IBFS"). > Intelsat currently is operating earth station KA258 at Hagerstown under Special Temporary Authority pending grant of a permanent modification application for a change in the antenna‘s location. See Intelsat License LLC Requestfor Further Extension ofSpecial Temporary Authority, File No. SES—STA—20120522—00457 (filed May 22, 2012);, Intelsat License LLC Requestfor Extension ofSpecial Temporary Authority, File No. SES—STA—20120320—00284 (filed Mar. 20, 2012); Intelsat License LLC Requestfor Extension ofSpecial Temporary Authority, File No. SES—STA—20120221—00186 (filed Feb. 21, 2012); Policy Branch Information; Actions Taken, Report No. SES— 01421, File No. SES—STA—20120118—00067 (Feb. 1, 2012) (Public Notice). * The permanent orbital location for SES—5 will be 5.0° E.L. The in— orbit testing location will be 5.2° E.L. * Intelsat is seeking authority through July 14, 2012 to accommodate a possible launch delay. 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 May 23, 2012 Page 2 The SES—5 satellite is licensed by the Administration of Sweden. To the extent necessary, Intelsat includes herewith as Exhibit A a waiver request for limited authority for its KA258 earth station to communicate with a foreign—licensed satellite. Intelsat does not seek protection for its KA258 earth station with respect to receive operations in the 11700.25 MHz, 11698.25 MHz, 11703.3 MHz and 11699.875 MHz frequencies. To the extent necessary, Intelsat includes herewith as Exhibit B a waiver request regarding the requirement in footnote NG104 of the FCC‘s rules limiting use of these frequencies to international services. The uplink EIRP for transmissions in the 14250.5 MHz and 14499.5 MHz frequencies is not expected to exceed 88 dBW. This level is within the parameters of the KA258 permanent license modification application currently pending at the Commission. The LEOP operations will be coordinated with all operators of satellites that use the same frequency bands and are in the LEOP path." As such, there would be no risk of interference with respect to lawfully operating, co—frequency radiocommunication facilities. Nevertheless, 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. In the extremely unlikely event that harmful interference should occur due to transmissions to or from its earth station, Intelsat will take all reasonable steps to eliminate the interference. The 24x7 contact information for the SES—5 LEOP mission is as follows: Ph.: (202) 944—7701 — East Coast Operations Center (primary) (310) 525—5900 — West Coast Operations Center (back—up) Request to speak with Harry Burnham or Kevin Bell. Grant of this STA request will allow Intelsat to help launch the SES—5 satellite to the 5.0° E.L. location. This, in turn, will help ensure ° Space Systems Loral, which is managing the SES—5 launch mission, is handling the coordination.

Ms. Matrlene H. Dortch May 23, 2012 Page 3 continuity of service at that location and thereby promotes the public interest. Please direct any questions regarding this STA request to the undersigned at (202) 944—7848. Respectfully submitted, (’”7%1;\.% CA_@ZS_ SusanH. Crandall Assistant General Counsel Intelsat Corporation Co: Paul Blais

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 provide the same technical information required by Section 25.114 for U.S.—licensed space stations.‘ Intelsat License LLC ("Intelsat") herein 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 Intelsat‘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, Intelsat 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 particular facts make strict compliance inconsistent with the public interest." In granting a waiver, the Commission may take into account considerations of hardship, equity, 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, Intelsat seeks authority only to provide LEOP services for the SES—5 satellite. The information sought by Section 25.114 is not relevant to LEOP services. Moreover, Intelsat does not have — and would not easily be able to obtain —— such information because Intelsat is not the operator of the SES—5 satellite, nor is Intelsat in contractual privity with that operator. Rather, an affiliate of Intelsat has a contract with Space Systems Loral, which is the manufacturer of the SES—5 satellite, to manage the LEOP mission for the satellite. The information that Intelsat is not including is not required to determine potential harmful interference. The Schedule S information for this satellite would pertain to the operation of the SES—5 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 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 ! 47 C.F.R. § 25.137 (emphasis added). 2 47 C.F.R. §§ 25.137 and 25.114. 3 47 C.F.R. §1.3. * N.E. Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) ("Northeast Cellular®). ° WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cit. 1969); Northeast Cellular, 897 F.2d at 1166.

its separation from a launch vehicle, and ends when the satellite reaches its geostationary orbital location. Moreover, as with any STA, Intelsat will perform the LEOP services on a non— interference basis. Because it is not relevant to the service for which Intelsat seeks authorization, and because obtaining the information would be a hardship, Intelsat seeks a waiver of all the information required by Section 25.114. Intelsat has provided in this STA request the required technical information that is relevant to the LEOP services for which Intelsat 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 Intelsat to post a bond in order to provide approximately ten days of LEOP services to the SES—5 satellite. It is Intelsat‘s understanding that SES—5 is licensed by Sweden, which is a WTO—member country. It is also Intelsat‘s understanding that at its permanent orbital location of 5.0° E.L., SES—5 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. Finally, Intelsat notes that it expects to operate with the SES—5 satellite using its U.S. earth station for a period of approximately ten days. Requiring Intelsat 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.F.R. §25.137(d)(4).

Exhibit B Request for Waiver of Footnote 2 of Section 25.202(a)(1) and Footnote NG104 of the U.S. Table of Allocations To the extent necessary, Intelsat also requests waiver of Section 25.202(a)(1) and Footnote NG104 of the U.S. Table of Allocations, which restrict the use of the 11450—11700 MHz band by the non—federal fixed satellite service in the geostationary orbit to international systems only.‘ Goodcause exists to waive the international systems only requirement for the 11450—11700 MHz frequency band. The purpose of NG104 and footnote 2 of Section 25.202(a)(1) is to limit the number of fixed satellite service earth stations with which the co— primary fixed service would need to coordinate." Intelsat will provide LEOP services in the 11450—11700 MHz frequency band only on a non—interference/non—protected basis and, therefore, will not need to coordinate with fixed service stations. Moreover, grant of this waiver is consistent with the Commission‘s precedent. A waiver of the U.S. Table of Allocations is generally granted "when there is little potential interference into any service authorized under the Table of Frequency allocations and when the nonconforming operator accepts any interference from authorized services."" The International ‘ See 47 C.F.R. §§ 25.202(a)(1), fo. 2 and 2.106, fa. NG104. * See Satellite Services, 26 RR 2d at 1263—65 (1973). See also EchoStar KuX Corporation Application for Authority to Construct, Launch and Operate a Geostationary Satellite Using the Extended Ku—band Frequencies in the Fixed—Satellite Service at the 83° W.L. Orbital Location, Order and Authorization, DA 04—3162, 9 (Int‘l Bur., Sept. 30, 2004) ("EchoStar 83° Waiver"). * See The Boeing Company, Order and Authorization, 16 FCC Red 22645, 22651 (Int‘l Bur. & OET 2001); Application ofFugro—Chance, Inc. for Blanket Authority to Construct and Operate a Private Network ofReceive—Only Mobile Earth Stations, Order and Authorization, 10 FCC Red 2860 (Int‘l Bur. 1995) (authorizing MSS in the C—band); see also Application ofMotorola Satellite Communications, Inc. for Modification ofLicense, Order and Authorization, 11 FCC Red 13952—13956 (Int‘l Bur. 1996) (authorizing service to fixed terminals in bands allocated the mobile satellite service).

Bureau has found that waiving NG104 and footnote 2 of Section 25.202(a)(1) would not undermine the purpose of the rules if the party seeking a waiver: (1) will be’utilizing earth stations that are receive—only in these bands and thus "not capable of causing interference into FS stations" operating in the bands.* Intelsat satisfies these criteria. The earth stations operating in the 11450—11700 MHz band for purposes of the SES—5 LEOP mission will not transmit in these bands and Intelsat agrees to accept any level of interference into these earth stations from fixed service stations in the band. Accordingly, the earth stations operating in these bands pose no interference concernas with respect to co—frequency fixed service stations. Finally, Intelsat notes that it expects to operate with the SES—5 satellite using its U.S. earth stations only for a period of approximately ten days. Given these particular facts, the waiver sought herein is plainly appropriate. * EchoStar 83° Waiver, 4 13.


Document Created: 2012-06-20 12:52:59
Document Modified: 2012-06-20 12:52:59
© 2025 FCC.report
This site is not affiliated with or endorsed by the FCC