*Pages 1--5 from Microsoft Word - 30187* Federal Communications Commission DA 03- 2637 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of INTELSAT LLC Modification of Authorization to Operate, and to Further Construct, Launch and Operate C- band and Ku- band Satellites that Form a Global Communications System in Geostationary Satellite Orbit ) ) ) ) ) ) ) ) ) File No. SAT- MOD- 20030131- 00029 Call Sign: S2396 ORDER AND AUTHORIZATION Adopted: August 11, 2003 Released: August 12, 2003 By the Chief, Satellite Division, International Bureau: INTRODUCTION 1. By this Order, we authorize Intelsat LLC (Intelsat) to modify its license for the INTELSAT 709 satellite and operate the satellite at the 85.15º E. L. orbital location, 1 subject to conditions listed below. We find that the grant of this modification application will serve the public interest by enabling Intelsat to respond to growing customer demands. BACKGROUND 2. On August 8, 2001, the Commission granted Intelsat authority to operate 17 in- orbit C-band and Ku- band satellites then- owned and operated by the International Telecommunications Satellite Organization (INTELSAT). 2 The Commission also granted Intelsat authority to construct, launch, and operate 10 satellites planned by INTELSAT. 3. Intelsat was originally licensed to operate the INTELSAT 709 satellite in the C- band and Ku- band at the 50.0º W. L. orbital location. 3 Pursuant to a previous modification authorization, Intelsat 1 We note that Intelsat was originally licensed to operate at the 85. 0º E. L. orbital location. However today we authorize Intelsat to locate the INTELSAT 709 satellite at 85.15º E. L. rather than 85.0º E. L. due to coordination issues with adjacent foreign satellites. 2 See Intelsat LLC Application of Intelsat LLC for Authority to Operate, and to Further Construct, Launch, and Operate C- band and Ku- band Satellites that Form a Global Communications System in Geostationary Orbit, Memorandum Opinion Order and Authorization, 15 FCC Rcd 15460, recon. denied, 15 FCC Rcd 25234 (2000), further proceedings, 16 FCC Rcd 12280 (2001) (Intelsat LLC Orders). Intelsat LLC is a U. S. corporation created by INTELSAT for the purpose of owning and operating INTELSAT’s C- band and Ku- band satellites upon INTELSAT’s privatization. INTELSAT privatized on July 18, 2001. For the INTELSAT 709 satellite, the term “C-band” refers here to the 3700 - 4200 MHz and 5925 - 6425 MHz frequency bands; the term “Ku- band” refers to the 10. 95 - 11. 2 GHz, 11. 45 – 11. 7 GHz, 12. 5 – 12. 75 GHz and 14. 0 - 14. 5 GHz frequency bands. 3 See Intelsat LLC Orders at Appendix A, Table 1. 1 Federal Communications Commission DA 03- 2637 2 was granted authority to relocate the INTELSAT 709 satellite from 50.0º W. L. to 55.35º W. L. and to continue operating at that location. 4 On January 31, 2003, Intelsat filed a subsequent request to modify the license for the INTELSAT 709 satellite. Intelsat requested authority to relocate the INTELSAT 709 satellite from the 55.35º W. L. orbital location to the 85. 15º E. L orbital location and to operate at that location. 5 This application was placed on public notice on March 18, 2003. 6 No comments or oppositions were filed in response to Intelsat’s request. On May 15, 2003, Intelsat was granted Special Temporary Authority (“ STA”) to drift the INTELSAT 709 satellite from 55.35º W. L. to 85.15º E. L. 7 Intelsat currently continues to drift the INTELSAT 709 satellite to the 85.15º E. L. orbital location. 8 For the reasons discussed below, we grant Intelsat’s request to modify the license for the INTELSAT 709 satellite and authorize Intelsat to operate the satellite at the 85.15º E. L. location, subject to conditions listed below. DISCUSSION 4. In its modification application, Intelsat states that the Commission has traditionally permitted licensees to relocate satellites in order to provide the licensees the flexibility to adjust to changed circumstances and best serve customer needs, provided that there are no compelling countervailing public interest considerations. 9 Intelsat further argues that the proposed modification will serve the public interest by enabling Intelsat to respond to growing customer needs, as well as ensure continuity of service to existing customers. 10 5. We also note that it is Commission policy to accommodate licensees by granting requests to rearrange satellites among orbit locations assigned to that licensee when the relocation will not cause unacceptable interference to adjacent satellites. 11 Intelsat admits that Russia’s Statsionar- 3 satellite currently also operates in the C- band, specifically in the 3400 MHz – 3900 MHz and 5725 MHz – 6225 MHz frequency bands. 12 Consequently, some of the frequencies that Intelsat proposes to operate the INTELSAT 709 satellite on in the C- band, overlap with those utilized by the Statsionar- 3 satellite. The 4 Application of Intelsat LLC to Modify Authorization to Operate, and to Further Construct, Launch, and Operate C- band and Ku- band Satellites that Form a Global Communications System in Geostationary Orbit, File No. SAT-MOD- 20020418- 00065 (Filed April 18, 2003) (stamp grant from Jennifer Gilsenan, Chief, Policy Branch, provided on October 2, 2002, with attached conditions). 5 Application of Intelsat LLC to Modify Authorization to Operate, and to Further Construct, Launch, and Operate C- band and Ku- band Satellites that Form a Global Communications System in Geostationary Orbit, File No. SAT-MOD- 20030131- 00029 (January 31, 2003) (“ Intelsat Modification Application”). 6 See Public Notice, Report No. SAT- 00140 (rel. March 18, 2003). 7 See Request for Special Temporary Authority for INTELSAT 709, File No. SAT- STA- 20030507- 00087, (stamp grant from Jennifer Gilsenan, Chief, Policy Branch to Jennifer Hindin, Counsel for Intelsat LLC, Wiley, Rein & Fielding LLP, provided on May 15, 2003, with conditions). 8 See Request for Extension of Special Temporary Authority for INTELSAT 709, File No. SAT- STA- 20030611-00102 (stamp grant from Jennifer Gilsenan, Chief, Policy Branch to Jennifer Hindin, Counsel for Intelsat LLC, Wiley, Rein & Fielding LLP, provided on June 17, 2003, with conditions). 9 Intelsat Modification Application at 4, citing AMSC Subsidiary Corporation, 13 FCC Rcd 12316, 12318 (1998) (Order and Authorization). 10 Intelsat Modification Application at 4. 11 See Comsat General Corporation, Modification of Authorization to Operate Space Station in the Mobile Satellite Service, Order and Authorization, 15 FCC Rcd 18776 (Int’l Bur., Sat, and Rad. Div., 2000). 12 See Letter from Patrick J. Cerra, Vice President, Intelsat LLC, to Marlene H. Dortch, Secretary, FCC (dated July 18, 2003) (Intelsat Modification Application Supplement). Russia’s Statsionar- 3 satellite does not operate in the Ku- band. 2 Federal Communications Commission DA 03- 2637 4 ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, Intelsat’s request to modify the license for the INTELSAT 709 satellite to relocate the satellite to the 85.15º E. L. location and to operate at that location, File No. SAT- MOD- 20030131- 00029 IS GRANTED, subject to the conditions below. 8. Intelsat is authorized to operate the INTELSAT 709 satellite in the C- band frequencies, 3700 MHz – 3900 MHz and 5925 MHz – 6225 MHz at the 85.15º E. L. orbital location subject to the following conditions: a) Intelsat shall operate in the uplink (5925 MHz- 6225 MHz) using RHCP only, subject to a maximum E. I. R. P. spectral density level of - 12.7 dBW/ Hz, referenced to the peak of the Statsionar- 3 receive beam. b) Intelsat shall operate in the downlink (3700 MHz- 3900 MHz), using LHCP only, subject to a maximum E. I. R. P. spectral density level of - 58.4 dBW/ Hz. c) In the event that the United States and Russia agree to improve these conditions, the above conditions shall no longer be valid and Intelsat will conduct its overlapping C- band operations at the 85.15º E. L. location in accordance with the improved conditions. 9. IT IS FURTHER ORDERED that Intelsat LLC is authorized to operate the 10.95 GHz – 11.2 GHz, 11. 45 GHz – 11. 7 GHz, 12.5 GHz – 12.75 GHz and 14.0 GHz– 14.5 GHz frequency bands on the Ku- band transponders and the non- overlapping frequencies, 3900 MHz – 4200 MHz (downlink) and 6225 MHz – 6425 MHz (uplink), on the C- band transponders on the INTELSAT 709 satellite subject to the same terms and conditions set forth in the INTELSAT LLC Orders, 15 FCC Rcd 15460, recon. denied, 15 FCC Rcd 25234 (2000), further proceedings, 16 FCC Rcd 12280 (2001). 10. IT IS FURTHER ORDERED that Intelsat LLC will prepare any necessary submissions to the International Telecommunication Union (ITU) and to affected administrations for the completion of the appropriate coordination and notification obligations for these space stations in accordance with the ITU Radio Regulations. We also remind all licensees that no protection from interference caused by radio stations authorized by other Administrations is guaranteed unless coordination procedures are timely completed or, with respect to individual administrations, by successfully completing coordination agreements. Any radio station authorization for which coordination has not been completed may be subject to additional terms and conditions as required to effect coordination of the frequency assignments of other Administrations, 47 C. F. R. § 25. 111( b). 11. IT IS FURTHER ORDERED that Intelsat LLC is afforded 30 days from the date of the release of this order and authorization to decline this authorization as conditioned. Failure to respond within that period will constitute formal acceptance of the authorization as conditioned. 4 Federal Communications Commission DA 03- 2637 5 12. This Order is issued pursuant to Section 0.261 of the Commission’s Rules, 47 C. F. R. §0.261, and is effective upon release. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission’s rules, 47 C. F. R. §§ 1.106 and 1.115, may be filed within 30 days of the date of public notice of this Order (see 47 C. F. R. § 1.4( b)( 2)). FEDERAL COMMUNICATIONS COMMISSION Thomas S. Tycz Chief Satellite Division 5