Attachment SESSTA2014031400144.

SESSTA2014031400144.

DECISION submitted by FCC

STA GRANT WITH CONDITIONS

0000-00-00

This document pretains to SES-STA-20140314-00144 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2014031400144_1044891

KA258 SES—STA—20140314—00144 1B2014000469 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: Request for STA for Hagerstown, Maryland Earth Station KA258 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 x /1 ,.&%}% Grant Date ’mgQ‘\ —-}}\

Applicant: Intelsat License LLC Call Sign: KA258 File No.: SES—STA—20140314—00144 Special Temporary Authority (STA) Intelsat License LLC is granted, under the following conditions, STA, to use its Hagerstown, Maryland earth station, call sign KA258, to provide launch and early orbit phase (LEOP) services to the French licensed Eutalsat—3B satellite. The satellite‘s permanent orbital location will be at 3.0 deg E.L. The in—orbit test orbital location will be at 1.7 deg E.L. The satellite is expected to be launched on April 15, 2014. 1. Uplink to Eutalsat—3B on 14250.0 MHz and 14499.8 MHz (RHCP or LHCP) within coordinated emission and power limits. 2. Downlink from Eutalsat—3B on 11200.2 MHz and 11699.8 MHz (RHCP or LHCP). 3. The LEOP operations must 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. Currently the 24x7 contact information for the Eutalsat—3B 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. 4. All operations shall be on an unprotected and non—harmful interference basis, Intelsat License LLC, 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. 5. Grant of this authorization is without prejudice to any determination that the Commission may make regarding pending or future Intelsat License LLC applications. 6. 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. N ? } !“"'"““M T Gmfibater)b%\ Hi

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: 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 reason for fee exemption (see 47 C.F.R.Section 1.1114). «34 Governmental Entity g4 Noncommercial educational licensee 4 Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request gx4 Use Prior to Grant «4 Change Station Location «& Other 6. Requested Use Prior Date 7. CityHagerstown 8. Latitude (dd mm ss.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: 12. Description. (If the complete description does not appearin 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, commencing April 15, 2014, to use its Hagerstown, Maryland Ku—band earth station, call sign KA258, to provide launch and early orbit phase services for the Eutelsat—3B satellite that is expected to be launched on April 15, 2014. The LEOP period is expected to last 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 ' Assoc. 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@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 orif 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.

12. Description Intelsat Licengse LLC herein requests a grant of Special Temporary Authority for 30 days, commencing April 15, 2014, to use its Hagerstown, Maryland Ku—band earth station, call sign KA258, to provide launch and early orbit phase services for the Eutelsat—3B satellite that is expected to be launched on April 15, 2014. The LEOP period is expected to last approximately ten days.

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 Eutelsat—3B 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 Eutelsat—3B satellite, nor is Intelsat in contractual privity with that operator. Rather, an affiliate of Intelsat has a contract with EADS Astrium, the manufacturer of the Eutelsat—3B satellite, to conduct LEOP services for the satellite. 47 C.F.R. § 25.137 (emphasis added). See EchoStar Satellite Operating Company Application for Special Temporary Authority Related to Moving the EchoStar 6 Satellite from the 77° W.L. Orbital Location to the 96.2° W.L. Orbital Location, and to Operate at the 96.2° W.L. Orbital Location, DA 13—593, File No. SAT—STA—20130220—00023 (released Apr. 1, 2013) (noting that operating TT&C earth stations in the United States with a foreign—licensed satellite does not constitute "DBS service"). 347 C.F.R. §§ 25.137 and 25.1 14. +47 C.F.R. §1.3. ° N.E. Cellular Tel. Co. v. FCC, $97 F.2d 1164, 1166 (D.C. Cir. 1990) ("Northeast Cellular®). © WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166.

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 Eutelsat—3B 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 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 Eutelsat—3B satellite. It is Intelsat‘s understanding that Eutelsat—3B is licensed by France, which is a WTO—member country. 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 Eutelsat—3B 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. " See 47 C.F.R. §25.137(d)(4).

March 14, 2014 Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12" Street, S.W. Washington, D.C. 20554 INTELSAT 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, commencing April 15, 2014, to use its Hagerstown, Maryland Ku—band earth station —— call sign KA258 —— to provide launch and early orbit phase (°LEOP") services for the Eutelsat—3B satellite that is expected to be launched on April 15, 2014." The LEOP period is expected to last approximately ten days." The Eutelsat—3B LEOP operations will be performed in the following frequency bands: 14250.0 MHz and 14499.8 MHz in the uplink (RHCP or LHCP), and 11200.2 MHz and 11699.8 MHz in the downlink (RHCP or LHCP). The LEOP operations will be coordinated with all operators of satellites that use the same frequency bands and are in the LEOP path.4 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 Eutelsat—3B 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. ‘ 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"). The permanent orbital location for Eutelsat—3B, which Intelsat understands is licensed by France, will be 3.0° E.L. The in—orbit testing location will be 1.7° EL. * Intelsat is seeking authority for 30 days to accommodate a possible launch delay. * EADS Astrium ("Astrium"), the manager of the Eutelsat—3B LEOP mission, will handle 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 March 14, 2014 Page 2 ~ In addition, Intelsat attaches Exhibit A hereto, which contains a waiver request. 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. Intelsat also notes that for purposes of the Eutelsat—3B LEOP mission, it is seeking to operate in the frequencies listed in the request at power levels not to exceed 23.5 dBW. Finally, Intelsat clarifies that during the Eutelsat—3B launch, the spacecraft will be controlled by Astrium. Astrium will build and send the commands to the Intelsat antenna, which will process and execute the commands. Telemetry received by Intelsat will be forwarded to Astrium. Intelsat will remain in control of the baseband unit, RF equipment and antenna. Grant of this STA request will allow Intelsat to help launch the Eutelsat—3B satellite. This, in turn, will help ensure continuity of service at the 3.0° E.L. orbital location and thereby promotes the public interest. Please direct any questions regarding this STA request to the undersigned at (202) 944—7848. Respectfully submitted, (AAL CAOo__ Susan H. Crandall Associate General Counsel Intelsat Corporation co: Paul Blais


Document Created: 2014-05-02 16:28:23
Document Modified: 2014-05-02 16:28:23
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