Attachment Exhibits A - C SES-STA-20170125-00060

Attachment Exhibits A - C

This document pretains to SES-STA-20170125-00060 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2017012500060_1168979

Exhibit B

Request for Waiver of Footnote NG52 of Section 25.202(a)(1) of the U.S. Table of
Allocations

To the extent necessary, Intelsat requests a waiver of the footnote NG52 to the U.S. Table of
Frequency Allocations, which limits the use of the SKY-B1 MHz frequency band to
“international systems.”1 Intelsat seeks waiver to permit the Hagerstown, Maryland earth station
KA258 to communicate with the 10700-11700 MHz satellite during launch and early orbit phase
(“LEOP”) and in-orbit testing (“IOT”).
The Commission may grant a waiver for good cause shown.2 The Commission typically grants a
waiver where the particular facts make strict compliance inconsistent with the public interest.3
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.4 Waiver is therefore
appropriate if special circumstances warrant a deviation from the general rule, and such a
deviation will serve the public interest. As shown below, good cause exists here to grant a
waiver allowing KA258 to provide telemetry, tracking, and control (“TT&C”) and IOT services
to the SKY-B1 satellite using frequencies in the 10700-11700 MHz band.
Good cause exists to waive the international only requirements for the 10700-11700 MHz
frequency band. The purpose of NG52 is to limit the number of the FSS service earth stations
with which the co-primary fixed service would need to coordinate.5 The requested frequencies
in the 10700-11700 MHz band is used only for downlink and therefore will not cause harmful
interference to fixed service stations and will not need to coordinate with fixed service stations.
Moreover, no service being provided by the satellite; it is simply being placed in its orbital
location after separating from the launch vehicle and being tested in-orbit.
Grant of this waiver is consistent with the Commission’s precedent. A waiver of the 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.”6 The International Bureau has found that

1
See 47 C.F.R. § 2.106 fn. NG52.
2
47 C.F.R. §1.3.
3
N.E. Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (“Northeast Cellular”).
4
WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166.
5
See Satellite Services, 26 RR 2d 1257, 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 83º W.L. Orbital Location, Order and
Authorization, DA 04-3162, 9 (Int’l Bur., Sept. 30, 2004) (“EchoStar 83º Waiver”).
6
See The Boeing Company, Order and Authorization, 16 FCC Rcd 22645, 22651 (Int’l Bur. & OET
2001); Application of Fugro-Chance, Inc. for Blanket Authority to Construct and Operate a Private
Network of Receive-Only Mobile Earth Stations, Order and Authorization, 10 FCC Rcd 2860 (Int’l Bur.
1995) (authorizing MSS in the C-band); see also Application of Motorola Satellite Communications, Inc.

waiving the international only requirement would not undermine the purpose of the rules if the
party seeking a waiver 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.7 KA258 will
not transmit in the 10700-11700 MHz frequency band and Intelsat agrees to accept any level of
interference into those earth stations from fixed service stations in the band. Accordingly, the
antenna providing LEOP and IOT services in the 10700-11700 MHz band poses no interference
concerns with respect to co-frequency fixed service stations.
Given these particular facts, the waiver sought herein is plainly appropriate.

for Modification of License, Order and Authorization, 11 FCC Rcd 13952-13956 (Int’l Bur. 1996)
(authorizing service to fixed terminals in bands allocated the mobile satellite service).
7
EchoStar 83° Waiver, ¶ 13.

Document Created: 2017-01-24 15:52:30
Document Modified: 2017-01-24 15:52:30

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