Attachment STA Request

This document pretains to SES-STA-20100316-00325 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2010031600325_805941

March 16, 2010 Ms. Marlene H. Dortch Secretary _ Federal Communications Comm1s51on 445 12"" Street, S.W. Washington, DC 20554 Re: Request for Special Temporary Authority for Clarksburg, Maryland Earth Station, Call Sign: KA258 Dear Ms. Dortch: Intelsat North Amerlca LLC ("Intelsat") herein requests Special Temporary Authority ("STA")‘ for 14 days—from March17, 2010 through March 30, 2010—to use its Clarksburg, Maryland Ku—band earth station, call sign KA258, to provide in—orbit testing ("IOT") services for the Intelsat 25 satellite (call sign $2804) at the 31.5° W.L. orbital location in the 14000—14500 MHz (uplink) and 12250—12750 MHz (downlink) bands. First, out of an abundance of caution, this STA request seeks to add the Intelsat 25 satellite at 31.5° W.L. as an authorized point of communication for the KA258 earth station." The KA258 earth station is already authorized to communicate with "INTELSAT AOR @ 328.5 E.L. satellite of the INTELSAT system (U.S.—licensed)." In addition, this application for STA seeks authority to operate the KA258 earth station temporarily in the 12250—12750 MHz band (downlink) frequencies to this point of communication" and requests a corresponding waiver of the U.S. Table of Frequency Allocations, Section 2.106 of the Commission‘s rules." The 12250—12700 MHz band is allocated to fixed terrestrial and the broadcastingsatellite service, and the 12700—12750 MHz band is allocated for fixed terrestrial, fixed satellite services (Earth—to—space) ‘ Intelsat has filed this STA request, an FCC Form 159 and an $175.00 filing fee electronically via the International Bureau‘s Filing System. * Intelsat has a pending application for authority to operate the Intelsat 25 satellite at 31.5° W.L., Intelsat North America LLC, Application for Authority to Operate Intelsat 25, an In—orbit Satellite, at 31.5° W.L., File No. SAT—A/O— 20091223—00151 (filed Dec. 23, 2009) ("Intelsat 25 Application"). Intelsat is simultaneously filing an application for special temporary authority for in—orbit testing of certain of the Ku—band frequencies of the Intelsat 25 satellite at 31.5° W.L. * The KA258 earth station is already authorized to operate in the 14000—14500 MHz (uplink) frequency band. *47 C.F.R. § 2.106. Intelsat Corporation 3400 International Drive NW, Washington DC 20008—3006 USA www.intelsat.com T +1 202—9446800 F +1 202—944—7898

Ms. Marlene H. Dortch March 16, 2010 Page 2 and mobile operations. Intelsat thus requires a waiver to provide fixed satellite service (space—to—Earth) services in the 12250—12750 MHz band. The Commission may grant a waiver for good cause shown." The Commission typically grants a waiver where the partlcular 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. As shown below, good cause exists here to grant a waiver allowing the KA258 earth station to test the Intelsat 25 satellite using the 12250—12750 MHz (space—to—Earth) frequencies. _ Grant of this STA request will serve the public interest. Grant will allow Intelsat to begin in—orbit testing a portion of the Ku—band payload of the Intelsat 25 satellite soon after its March 15, 2010 arrival at its proposed permanent operating location of 31.5° W.L.* Intelsat 25 is a newly acquired in—orbit satellite. Testing is a critical step in ensuring that the satellite will be fully operational at 31.5° W.L. This, in turn, will provide customers with the benefits of additional capacity at the 31.5° W.L. location as qulcklyas possible. Waiver is also appropriate in this case on hardship grounds. The Intelsat 25 satellite was a satellite constructed by a non—U.S. operator for use outside the United States. As such, it does not include any conventional Ku—band downlink frequencies. Intelsat acquired the satellite in a bankruptcy process and intends to operate the satellite primarily outside the United States. As explained in the pending application to operate Intelsat 25 at 31.5° W.L., the Intelsat 25 satellite will use the 12250 12750 MHz band to prov1de service to the northwestern portion of Africa." Absent the requested waiver, the 14000— 14500 MHz portion of Ku—band payload on the Intelsat 25 satellite could not be tested at all with Intelsat‘s U.S. earth station because these frequencies are paired with the 12250—12750 MHz Ku—band frequencies. ’ °47 C.F.R. §1.3 © N.E. Cellular Tel. Co. v. FCC, 897 F.24 1164 1166 (D.C. Cir. 1990) ("Northeast Cellular®). " WAIT Radio v. FCC, 418 F.24 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166. _ 8 The FCC granted STA for in—orbit testing of the Intelsat 25 satellite‘s C—band gayload effective March 15, 2010. Intelsat 25 Application, Engineering Statement at 1.

Ms. Marlene H. Dortch March 16, 2010 — Page 3 Moreover, grant of this waiver will not cause harmful interference. As with any STA, Intelsat will conduct IOT services in the 12250—12750 MHz band on a non—harmful interference basis. In addition, Intelsat has coordinated with co— frequency satellite operators up to six degrees away from 31.5° W.L. Hispasat uses Ku—band frequencies on two satellites located at 30.0° W.L.—Hispasat 1C and Hispasat 1D. Intelsat will operate in accordance with its coordination agreements with Hispasat. Intelsat also operates (or shortly will operate) the .other two closest satellites—at 29.5° W.L. and 34.5° W.L.—and thus internally can monitor and coordinate any interference with these two satellites. Intelsat notes that the primary users of the 12250—12700 MHz band in the United States are the incumbent direct broadcast satellite ("DBS") providers, EchoStar and DIRECTV. Co—frequency operation will not cause interference to these operators given the proposed orbital separation.‘" Finally, Comsearch has also indicated that coordination with terrestrial users is not required in the 12250— 12750 MHz band. Accordingly, grant wouldbe consistent with Commission precedent permitting non—conforming spectrum uses "when there is little potential interference into any service authorized under the Table of Frequency Allocations and when the non—conforming operator accepts any interference fromauthorized services."" ' The closest U.S. DBS satellite operates 30 degrees away at the nominal 61.5° W.L. orbital location. See Applicationfor Special Temporary Authority To Move EchoStar 12 to, and Operate It at 61.35° W.L., File No. SAT—STA— 20100203—00021 (stamp grant Feb. 13, 2010); see also EchoStar Satellite Operating Corporation, Application for Renewal ofAuthority to Operate EchoStar 3 at 61.5° W.L., FileNo. SAT—MOD—20071212—00173 (stamp grant Apr. 3, 2008) (authorizing EchoStar to continue operating the EchoStar 3 satellite at 61.5° W.L. through January 27, 2018). 4 See L—3 Communications Titan Corporation, Applicationfor Authority to Operate a Mobile Earth Station to Provide Land Mobile Satellite Service in the Ku—Band, Memorandum Opinion Order and Authorization, 24 FCC Red 3047, 4 9 (Int‘l Bur. 2009) citing Fugro—Chanee, Inc., Order and Authorization,; 10 FCC Red 2860 (Int‘l Bur. 1995)

Ms. Marlene H. Dortch March 16, 2010 Page 4 For the reasons set forth herein, Intelsat respectfully requests that the Commission expeditiously grant this request. Sincerely, Susan H. Crandall Assistant General Counsel Intelsat Corporation 1 co: Kathyrn Medley StephenDuall


Document Created: 2019-04-27 20:48:35
Document Modified: 2019-04-27 20:48:35
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