Attachment Exhibit B

This document pretains to SES-STA-20161219-00962 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2016121900962_1161693

Exhibit B 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.1 Intelsat License LLC (“Intelsat”) herein seeks authority to provide in-orbit testing (“IOT”) services—not commercial services—to the United States, and thus believes that Section 25.137 does not apply.2 To the extent the Commission determines, however, that Intelsat’s request for authority to provide IOT 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.3 The Commission may grant a waiver for good cause shown.4 The Commission typically grants a waiver where the particular facts make strict compliance inconsistent with the public interest.5 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.6 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 IOT services to the StarOne-D1 satellite. The information sought by Section 25.114 is not relevant to IOT services. Moreover, Intelsat does not have—and would not easily be able to obtain—such information because Intelsat is not the operator of the StarOne-D1 satellite, nor is Intelsat in contractual privity with that operator. Rather, an affiliate of Intelsat has a contract with SSL, the manufacturer of the StarOne-D1 satellite, to conduct IOT services for the satellite’s Ka-band payload only. 1 47 C.F.R. § 25.137 (emphasis added). 2 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 96.2º 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”). 3 47 C.F.R. §§ 25.137 and 25.114. 4 47 C.F.R. §1.3. 5 N.E. Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (“Northeast Cellular”). 6 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 provision of service by StarOne-D1 satellite at its final orbital location. However, the present application for authority to provide IOT services involves communications prior to the satellite commencing service. The antenna will be transmitting to the satellite for testing the Ka-band portion of the satellite for approximately eight days. Moreover, as with any STA, Intelsat will perform the IOT 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 IOT 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 tested to ensure the satellite is functioning properly. 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.7 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 eight days of IOT services to the StarOne-D1 satellite. It is Intelsat’s understanding that StarOne-D1 is licensed by Brazil, 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. 7 See 47 C.F.R. §25.137(d)(4).


Document Created: 2016-12-16 11:50:08
Document Modified: 2016-12-16 11:50:08
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