*Pages 1--5 from Microsoft Word - 43720.doc* Federal Communications Commission DA 04- 3534 2 of 7.0 dBW/ 4KHz, the operational level of the Ku- band network operated by AvL, is within the levels coordinated with Loral;” that “the antennas will be installed by a professional installer and aligned with the intended satellite to less than or equal to the tolerance as stated in [the agreement] letter;” that “the antennas will be installed in compliance with the technical, operational and performance requirements of Part 25 of the FCC rules and any requirements set forth in the licenses granted by the FCC for the above AvL antennas;” and that the operation “will accept interference from adjacent satellites to the degree to which harmful interference would not be expected to be caused to an earth station conforming to the reference patterns defined in § 25.209 [( a) and (b)] of the FCC rules.” SES Americom also certified that should other satellites be positioned at 72º or 101º W. L. orbital locations, the transponder assignments coordinated with PanAmSat and Loral will remain the same. 3. The application was placed on public notice on April 7, 2004. 5 On May 7, 2004, SWE- DISH Satellite filed a petition to deny AvL’s application. On May 20, 2004, AvL filed an opposition, and on May 27, 2004 SWE- DISH filed a reply to that opposition. On September 9, 2004, AvL filed a minor amendment to make clear that they did not represent a foreign government, and to make fractional degree reductions in power levels to reconcile the application on file with the data in agreements with PanAmSat and Loral. 6 4. SWE- DISH, in its petition to deny, identifies what it views as missing information concerning antenna pointing error, radiation hazard, capability to transmit in both polarizations and other matters. SWE- DISH asks that the Commission require submission of and carefully review that information before taking any further action. On October 15, 2004, in response to AvL’s amendment, SWE- DISH filed comments that repeated some of the material in earlier filings. On October 22, 2004, AvL filed a reply to SWE- DISH’s October 15, 2004 comments. In that reply AvL stated that, although AvL did not agree with SWE- DISH’s arguments, AvL chose not to respond so that the Commission might proceed in this matter. 5. The Commission’s Rules, Part 25.209( f), provide for authorization of operation of an earth station with an antenna not conforming to the gain pattern templates of 25.209( a) and (b) upon a finding by the Commission that unacceptable levels of interference will not be caused under conditions of uniform 2° orbital spacing. 7 The Commission has authorized non- conforming earth station operations if (... continued from previous page) Director, SES Americom, accepted by Krish Jonnalagadda, Technical Projects Director, Loral Skynet, addressed to Federal Communications Commission – International Bureau, and Certification dated January 13, 2004 from Jaimie Londono, Satellite Marketing Director, SES Americom, accepted by Mohammad Marashi, Vice President, Customer Support Engineering, PanAmSat Corporation, addressed to Federal Communications Commission – International Bureau. 5 Report No. SES- 00593. 6 On August 19, 2004, the Commission directed AvL to reconcile fractional dB differences in the levels in input power densities derived from the antenna gain and eirp density entered, and the corresponding levels in its agreements with operators of adjacent satellites, and to amend the application to correct an entry of “Not Applicable” in response to the question regarding representation of a foreign government. Letter dated August 19, 2004 from William Howden, Chief, Systems Analysis Branch, Satellite Division, International Bureau, to William Coulter, counsel for AvL. On September 3, 2004, AvL effected both the reconciliation and the correction via amendment. 7 Section 25. 209 (f) provides: “An earth station with an antenna not conforming to the standards of paragraphs (a) and (b) above will be routinely authorized after February 15, 1985 upon a finding by the Commission that unacceptable levels of interference will not be caused under conditions of uniform 2° orbital spacings. An earth station antenna initially authorized on or before February 15, 1985 will be authorized by the Commission to continue to operate as long as such operations are found not to cause any unacceptable levels of adjacent satellite interference. In either case, 2 Federal Communications Commission DA 04- 3534 4 stations accessing the AMC- 6 satellite at the 72º W. L. orbital location and the AMC- 4 satellite at the 101º W. L. orbital location, consistent with the technical specifications set forth in its application, and subject to the following conditions: a. AvL shall take all reasonable and customary measures to ensure that the earth stations do not create a potential for harmful non- ionizing radiation to persons who may be in the vicinity of the earth stations when they are in operation. At a minimum, permanent warning labels shall be affixed to the earth stations, warning of the radiation hazard and including a diagram showing the regions around the earth stations where the radiation levels could exceed 1.0 mW/ cm 2 . The operator of the earth station shall be responsible for assuring that individuals do not stray into the regions around the earth stations where there is a potential for exceeding the maximum permissible exposure limits required by Section 1.1310 of our Rules, 47 C. F. R. §1.1310. This shall be accomplished by means of signs, caution tape, verbal warnings, placement of the earth station so as to minimize access to the hazardous region and/ or any other appropriate means. b. This authorization is limited to communications with SES satellites AMC- 4 at 101.0 degrees W. L. nominal orbital location and AMC- 6 at 72.0 degrees W. L. nominal orbital location, in the 14.0- 14.5 GHz (uplink) and 11.7- 12. 2 GHz (downlink) bands. c. AvL will maintain nominal pointing accuracy of less than or equal to 0.3 degrees with wind (for the 0.75 and 0.96 meter antenna earth stations) and less than or equal to 0.4 degrees (for the 1.0 meter antenna earth stations) as described in the agreements with Loral Skynet and with PanAmSat Corporation. d. During operation of the earth stations, AvL will maintain alignment of the major axis of each earth station antenna with the tangent to the geostationary satellite orbital arc at the point of the target satellite, with the correct polarization. e. In the event of a report of harmful interference resulting from the use of these earth stations, AvL will immediately cease operations and inform the Commission. f. Whenever an earth station is in use, a trained and competent operator must be physically present. 4 Federal Communications Commission DA 04- 3534 5 g. The antennas must be installed by a professional installer and aligned with the intended satellites to less than or equal to the tolerance stated in the agreements with Loral Skynet and with PanAmSat Corporation. h. AvL will operate the earth stations in accord with all conditions specified in the agreements with Loral Skynet and with PanAmSat Corporation. 8. IT IS FURTHER ORDERED that this Order is issued pursuant to Section 0.261 of the Commission’s rules on delegations of authority, 47 C. F. R. § 0.261. This Order SHALL BE 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 the release of this Order. FEDERAL COMMUNICATIONS COMMISSION Thomas S. Tycz Chief Satellite Division International Bureau 5