Attachment application.pdf

This document pretains to SAT-MOD-19991213-00120 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD1999121300120_1162654

WILLKIE FARR & GALLAGHER Css91009 SAT—MOD—19991213—00120 * C December 13, 1999 LORAL ORION SERVICES, INC. Telstar 12 Federal Communications Commission International Bureau, Satellites P.O. Box 358210 Pittsburgh, PA 15251—5210 Re: Telstar 12 Application for Modification Dear Sir or Madam: Enclosed for filing on behalf of Loral Orion Services, Inc. ("LOSI") is an original and nine (9) copies of an application on FCC Form 312 for modification of LOSI‘s Telstar 12 (formerly Orion 2) authorization to operate at 15° W.L. on a permanent basis in lieu of its authorized orbital location of 12° W.L. Also included is a completed Form 159 and a check for the applicable filing fee. Please date—stamp and return a copy of the enclosed filing in the envelope provided. Any inquiries related to this request should be directed to the undersigned Sincerely, 7 SAe pliin 0 @/U&%m\ Stephen R. Bell Counsel for LOSI Enclosures ge: Tom Tycz Steve Spaceth Fern Jarmulnek Kathleen Campbell Cassandra Thomas Ronald Repasi John Martin Alexander Roytblat Karl Kensinger Linda Haller Washington, D New York Paris 0103195 01 London

FCC 312 Approved by OMB 3060—0678 FCC Usé Only File Number: Main Form Est. Avz.Burden Hours Per Response: 11 His FEDERAL COMMUNICATIONS COMMISSION Call Sign: APPLICATION FOR SATELLITE SPACE AND EARTH STATION AUTHORIZATIONS Fee Number: APPLICANT INFORMATION _ 1. Legal Name of Appticant 2. Voice Telephone Number Loral Orion Services, Inc. 703—414—1060 3. Other Name Used for Doing Business (if any) 4. Fax Telephone Number 703—414—1079 5. Mailing Street Address or P.O. Box 6. City 1755 Jefferson Davis Highway, Suite 1007 Arlington 7. State / Country (if not U.S.A.) 8. Zip Code ATTENTION:‘ jyopun P. Stern VA 22202—3509 9. Name of Contact Representative (Ifother than applicant) 10. Voice Telephone Number _ . Bell & Jennifer D. McCarthy 202—328—8000 11. Firm or Company Name 12. Fax Telephone Number |. i i gher 202—887—8979 13. Mailing Street Address or P.O. Box 14. City 1155 21ist Street, N.W., Suite 600 ton 15. State / Country (if not U.S.A) 16. Zip Code ATTENTION: D.G. 20036 CLASSIFICATION OF FILING 17. Place an "X" in the box next to the classification that applies to this filing for both questions a. and b. Mark only one box for 17a and only one box for 17b. D bi. Application for License of New Station D b6. Transfer of Control of License or Registration b2. Application for Registration of New D b7. Notification of Minor Modification D al. Earth Station D i Receive—Only Station Domestic D b3. Amendment to a Pending Application D b8. Application for License of New Receive—Only Station Using Non—U.S. Licensed Satellite ‘fl a2. Space Station b4. Modification of License or Registration D b9. Letter ofIntent to Use Non—U.S. Licensed Satellite to Provide Service in the United States D b5. Assignment of License or Registration [__] b10. Other (Please Specify): 18. If this filing is in reference to an existing station. enter: 19. Ifthis filing is an amendment to a pending application enter: Call sign of station: (a) Date pending application was filed: (b) File number of pending application: Telstar 12 (formerly Orion 2) FCC 312, Main Form — Page | February, 1998

TYPE OF SERVICE 20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Place an "X"in the box(es) next to all that apply. [j a. Fixed Satellite D c. Radiodetermination Satellite D e. Direct to Home Fixed Satellite [_] b. Mobite Satellite [_] 4. Earth Exploration Satettite [__] . Digital Audio Radio Service [__] g. Other (please specity) 21. STATUS: Place an "X" in the box next to the applicable status. Mark only one box. 22. If earth station applicant, place an "X" in the box(es) next to all that apply. E:J a. Common Carrier @ b. Non—Common Carrier D a. Using U.S. licensed satellites D b. Using Non—U.S. licensed satellites N/A 23. If applicant is providing INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Mark only one box. Are these facilities: D a. Connected to the Public Switched Network D b. Not connected to the Public Switched Network N/A 24. FREQUENCY BAND(S): Place an "X" in the box(es) next to all applicable frequency band(s). [_] a. C—Band (46 aH2 [X b. Ku—Band (12/14 GHz) [__] c. Other (Please specify) TYPE OF STATION 25. CLASS OF STATION: Place an "X" in the box next to the class ofstation that applies. Mark only one box. [_] a. Fixed Earth Station [_] b. Temporary—Fixed Earth Station [_] c. 12/14 GHz VSAT Network [_] d. Mobile Earth Station [¥] e. Space Station [_] (yC:ofw,, Ifspace station applicant, go to Question 27. 26. TYPE OF EARTH STATION FACILITY Mark only one box. D a. Transmit/Receive D b. Transmit—Only D c. Receive—Only N/A PURPOSE OF MODIFICATION OR AMENDMENT 27. The purpose ofthis proposed modification or amendmentis to: Place an "X" in the box(es) next to all that apply. ] a —— authorization to add new emission designator and related service ~| b —— authorization to change emission designator and related service c —— authorization to increase EIRP and EIRP density d —— authorization to replace antenna e —— authorization to add antenna f—— authorization to relocate fixed station g —— authorization to change assigned frequency(ies) h —— authorization to add Points of Communication (satellites & countries) i —— authorization to change Points of Communication (satellites & countries}) j —— authorization for facilities for which environmental assessment and radiation hazard reporting is required i k —— Other (Please Specify) Please see attached narrative ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.1307? 2o D YES E] NO 1 YES. submit the statement as required by Sections 1.1308 and 1.1311 of the Commission‘s rules, 47 C.F.R. §§ 1.1308 and 1.1311, as an exhibit to this application. A Radiation Hazard Study must accompany all applications as an exhibit for new transmitting facilities, major modifications,or major amendments. Refer to OET Bulletin 65. FCC 312. Main Form — Page 2 February, 1998

ALIEN OWNERSHIP 29. Is the applicant a foreign government or the representative of any foreign government? D YES @ No k3V(). Is the applicant an alien or the representative 0;" an alien? [] ves (x] No 43 1. Is the applicant a corporation organized under the laws of any foreign government? D YES D__fl NO 32. Is the applicant a corporation of which more than one—fifth of the capital stock is owned of record or D YES @ NO — voted by aliens ortheir representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? 33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than E YES D NO one—fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign i government or representative thereof or by any corporation organized under the laws of a foreign country? 34. If any answer to questions 29, 30, 31, 32 and/or 33 is Yes, attach as an exhibit, the identification of the aliens or foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote. BASIC QUALIFICATIONS 35. Does the applicant request any waivers or exemptions from any of the Commission‘s Rules? D YES @ NO If Yes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents. | 36. Has the applicant or any party to this application had any FCC station authorization or license revoked or had D vyES @ NO any application for an initial, modification or renewal of FCC station authorization, license, or construction permit denied by the Commission? If Yes, attach as an exhibit, an explanation of the circumstances. 37. Has the applicant, or any party to this application, or any party directly or indirectly controlling the applicant ever been D vYES @ NO convicted of a felony by any state or federal court? If Yes, attach as an exhibit, an explanation of the circumstances. 38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant, guilty of unlawfully [—] ves [X No monopolizing or attempting unlawfully to monopolize radio communication, directly or indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement or any other means or unfair methods of competition? If Yes, attach as an exhibit, an explanation of the circumstances. 39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending matter [7] vEs [¥ no referred to in the preceeding two items? If Yes, attach as an exhibit, an explanation of the circumstances. 40. If the applicant is a corporation and is applying for a space station license, attach as an exhibit the names, addresses, and citizenship of those stockholders owning of record and/or voting 10 percent or more of the Filer‘s voting stock and the percentages so held. In the case of fiduciary N/A control, indicate the beneficiary(ies) or class of beneficiaries. Also list the names and addresses of the officers and directors of the Filer. 41. By checking Yes, the undersigned certifies, that neither the applicant nor any other party to the application is subject to a denial of [3 ves C no 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. 42a. Does the applicant intend to use a non—U.S. licensed satellite to provide service in the United States? [ ves [| no If yes, answer 42b and attach an exhibit providing the information specified in 47 C.F.R. § 25.137, as appropriate. N/A If no, proceed to question 43. 42b. What administrationhas licensed or is in the process of licensing the space station?: If no license will be issued, what administration has coordinated or is in the process of coordinating the space station? N/A FCC 312, Main Form — Page 3 February, 1998

43. Description. (Summarize the nature of the application and the services to be provided). Modification of authorization to reassign satellite from 12° W.L. to 15° W.L. and to permit commercial operations at 15° W.L. Exhibit No. Identify all exhibits that are attached to this A Res se to e CERTIFICATION The Applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this application. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit in 47 CFR Part 20. All statements made in exhibits are a material part hereof and are incorporated herein as if set out in full in this application. The undersigned, individually and for the applicant, hereby certifies that all statements made in this application and in all attached exhibits are true, complete and correct to the best of his or her knowledge and belief, and are made in good faith. 44. Applicant is a (an): (Place an "X" in the box next to applicable response.) £. Other [_] a. Individual [_] b. Unincorporated Association [_] c. Partnership [X d. Corporation [_] e. Governmental Entity [_] (Please specify) 45. Typed Name ofPerson Signing 46. Title of Person Signing ‘ Associate General Counsel John P. Stern Loral Space & Communications Ltd. 37. Signatore «— 48. Date 00A OSp WILLE*"UL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT 2holt? (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 312. Main Form — Page 4 February, 1998

FCC Form 312 — Main Form Response to Question 34 Exhibit A Loral Orion Services, Inc. ("LOSI"), a U.S. corporation, is owned and controlled through a series of intermediary entities by Loral Space & Communications Ltd. ((Loral"), a Bermuda company which is publicly traded on the New York Stock Exchange (NYSE:LOR). Loral‘s home market is the United States. See In re Application of AT&T Corp. and Loral SpaceCom Corporation, Order and Authorization, 12 FCC Red. 925 at 9 (Int. Bur. 1997).

BEFORE THE Federal Communications Commission WASHINGTON, D.C. In the Matter of ' Loral Orion Services, Inc. File No. Application for Modification of Space Station Authorization APPLICATION FOR MODIFICATION OF AUTHORIZATION Loral Orion Services Inc. ("LOSI") seeks modification of its authority to construct, launch and operate the Telstar 12 satellite at 12° W.L.L Specifically, LOSI requests that the Commission reassign LOSI‘s authorization from 12° W.L. to 15° W.L. and permit LOSI to.operate its Telstar 12 satellite from the 15° W.L. orbital location on a permanent basis. LOSI also requests authority to operate the Telstar 12 satellite consistent with the technical modification application filed on August 19, 1999.2 1 In re Application of Orion Satellite Corp. for Authority to Construct, Launch and Operate a Separate International Satellite Communications System, Order and Authorization, 10 FCC Red. 12307 (1995). Orion 2 was recently renamed Telstar 12. 2 See SAT—MOD—19990819—00086. This modification application sought to (1) redefine certain spot beam coverage areas; (2) add extended Ku—band frequencies for European and South African operations; (3) use state—of—the—art traveling wave tube amplifiers; (4) modify the transponder configuration and standardize channelization; (5) change the location of the satellite control operations; and (6) make various other minor technical modifications. This request was placed on public notice on September 13, 1999 (Report No. SAT—00025) and is unopposed. — 0103198.01

L. DISCUSSION. LOSI was conditionally authorized to launch and operate a satellite at the 12° W.L. orbital location in 1995.3 In 1994, the Commission filed a request for coordination of this slot at the ITU. However, ifi a subsequent decision, the ITU erroneously changed the date on which it deemed to have received the U.S. request for coordination for the 12° W.L. slot. This decision placed the U.S. filing behind the Eutelsat request for coordination at 12.5° W.L. The Eutelsat filing is for a satellite at 12.5° W.L. with similar frequency and coverage patterns to those of Telstar 12. Because Eutelsat is operating a satellite just one half degree away from the Commission‘s authorized Telstar 12 slot, LOSI cannot conduct commercial operations at 12° W.L. without causing interference to and receiving interference from the Eutelsat satellite. Eutelsat, LOSI and the Commission conducted extensive coordination discussions to resolve these coordination concerns. In the interim, Telstar 12 was launched to the 15° W.L. orbital position on October 19, 1999 and was authorized to stay at this location and conduct in— orbit testing ("IOT") of the satellite.4 Eutelsat and LOSI have now resolved their coordination issues. LOSI and Eutelsat have reached an agreement that will permit Eutelsat and LOSI to operate their satellites compatibly in the same orbital neighborhood.5 Pursuant to that agreement, LOSI requests authority to operate 3 The conditions of this authorization have been satisfied. In re Request of Loral Orion Services, Inc. for Final Authorization to Launch and Operate the Orion F2 Satellite at 12 Degrees W.L., Order and Authorization, DA 99—222 (rel. Oct. 18, 1999) ("Orion 2 Final Authority Order"). 4 See Letter from Cassandra C. Thomas, Deputy Chief, Satellite and Radiocommunication Division, to Jennifer D. McCarthy, Esquire (October 4, 1999); See also Orion 2 Final Authority Order. 5 The Commission has "always encouraged parties to resolve conflicts among themselves because they are in the best position to balance the trade—offs involved in reaching a _2 — 0103198.01

Telstar 12 at 15° W.L. in lieu of the 12° W.L. orbital location assigned to it. Eutelsat will continue to operate at 12.5° W.L. This modification does not present any operational coordination concerns that cannot be addressed in the éourse of the normal inter—system coordination process. LOSI will conduct its commercial operations at 15° W.L. without causing unacceptable interference to neighboring operators. LOSI has completed IOT of Telstar 12 at 15° W.L., following coordination of its testing at full power on all transponders with neighboring operators, and has commenced commercial service there pursuant to special temporary authority ("STA").6 LOSI will coordinate its commercial operations with all affected operators. The 15° W.L. orbital slot is the most suitable alternative to Telstar 12‘s authorized slot in which to conduct commercial operations. It is the vacant slot closest to 12° W.L. The proximity to Telstar 12‘s authorized slot will provide LOSI‘s customers with essentially the same coverage area as they would have had from 12° W.L. Since Telstar 12 is already located at 15° W.L., grant of this modification application will also promote the public interest by preventing unnecessary delay in the provision of new satellite services to consumers. Grant of LOSI‘s request is also consistent with Commission precedent. The Commission has previously granted reassignment requests that permit it to resolve coordination issues.? compromise." In re Assignment of Orbital Locations to Space Stations in the Domestic Fixed— Satellite Service and the Application of GE American Communications, Inc., Memorandum Opinion and Order, 13 FCC Red. 23684 at 1| 4 (1998) 6 See Letter from Thomas S. Tycz to John P. Stern (File No. SAT—STA—19991202— 00115) (Dec. 10, 1999). 7 See In re Assignment of Orbital Locations to Space Stations in the Domestic Fixed—Satellite Service, Memorandum Opinion and Order, 13 FCC Red. 13863 (1998) (reassigning GE Americom to another orbital location to resolve coordination issues that had arisen with respect to the Simon Bolivar Andean satellite system); In re Assignment of Orbital —3— 0103198.01

LOSI‘s permanent reassignment to this location will facilitate and support the resolution of the coordination issues between Loral and Eutelsat. The agreement between Eutelsat and LOSI and the reassignment of Telstar 12 will facilitate transatlantic service for both satellites and promote competition in the satellite services market. . CONCLUSION. For the reasons discussed above, grant of this application for modification is in the public interest. LOSI requests that the Commission expeditiously grant this request for a permanent reassignment of Telstar 12 to 15° W.L. and permanent authority to conduct commercial operations at that location, consistent with the technical parameters of LOSI‘s previously filed technical modification application. Locations to Space Stations in the Domestic Fixed—Satellite Service and the Application of GE American Communications, Inc., Memorandum Opinion and Order, 13 FCC Red. 23684 (1998) (reassigning GE Americom to another orbital location to resolve coordination issues that had arisen with respect to the Government of Argentina). — 4— 0103198.01


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