Federal Communications Commission DA 07-3055 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
INTELSAT NORTH AMERICA, LLC
Application to Modify License for the INTELSAT  
709 satellite to include Fixed- Satellite Service in 
the 11.7-11.95 GHz Frequency Band
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File No.  SAT-MOD-20060901-00095
 SAT-STA-20060901-00094
 SAT-STA-20061101-00127
Call Sign:  S2396
ORDER
Adopted:  July 6, 2007 Released:  July 6, 2007
By the Deputy Chief, Satellite Division, International Bureau:
I.  INTRODUCTION
1. By this Order, we grant Intelsat North America LLC’s (Intelsat North America’s) request 
to modify its license for the INTELSAT 709 satellite to allow it to provide fixed satellite service (FSS) in 
the Middle East in the 11.7-11.95 GHz frequency band from the 85.15º E.L orbital location. There is no 
international frequency allocation for such FSS operations, and, therefore, this authorization will be 
limited to operations on a non-harmful interference basis.  We find that this action will allow Intelsat
North America to meet a need for additional satellite capacity in support of U.S. Government operations 
in the Middle East.  
II. BACKGROUND
2. For the purpose of frequency allocation, the International Telecommunication Union 
(ITU) has divided the world into three Regions.  ITU Region 1 includes Europe, Africa, territories of the 
former U.S.S.R. in Asia, as well as portions of the Arctic, Atlantic and Pacific Oceans.  ITU Region 2 
includes North and South America.  ITU Region 3 includes Southern Asia, Australia, New Zealand, and 
some Pacific Islands.1  The ITU Table of Allocations for Region 2 includes a primary allocation to the 
FSS (space-to-Earth) in the 11.7-11.95 GHz frequency band.  In contrast, the ITU Table of Allocations 
for Regions 1 and 3 does not include an FSS allocation and instead allocates this spectrum on a co-
primary basis to the fixed service (FS), broadcasting service (BS), broadcasting satellite service (BSS) 
and the mobile service (MS), excluding aeronautical mobile service (AMS).2  
  
1 Section 2.104 of the Commission’s rules provides a detailed description of the ITU Regions along with a 
map of the world with designations of respective ITU Regions. 47 C.F.R. § 2.104.
2 47 C.F.R. § 2.106.
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3. Since 2003, the INTELSAT 709 satellite has been authorized to provide service to ITU 
Regions 1 and 3 from the 85.15º E.L. orbital location using the following frequencies: 3700 - 4200 MHz,
5925 - 6425 MHz, 10.95 - 11.2 GHz, 11.45 - 11.7 GHz, 12.5 - 12.75 GHz and 14.0 - 14.5 GHz.3  In July 
2006, we granted Intelsat North America Special Temporary Authority (STA) to operate INTELSAT 709 
in the 11.7-11.95 GHz band at the 85.15º E.L. orbital location on a non-harmful interference basis, to 
enable it to provide satellite service to U.S. government earth stations.4  Intelsat North America continues 
to operate in this band pursuant to STA.5
4. In September 2006, Intelsat North America filed a request to modify the INTELSAT 709
space station license to provide service in the 11.7-11.95 GHz frequency band on a non-harmful 
interference basis.6  In its modification request, Intelsat North America indicates that its proposed use of 
the 11.7-11.95 GHz band in Region 1 and 3 does not conform to the ITU Table of Frequency Allocations.  
Intelsat North America therefore seeks a waiver of Sections 2.106 (U.S. Table of Allocations), 
25.112(a)(3) (applications considered defective if it requests authority for operations not allocated under
the ITU Radio Regulations), and 25.140(b)(2) (requirement to provide a “2 degree” interference analysis)
of the Commission’s rules.7 The modification application was placed on Public Notice8 and no comments 
were filed.  
III.  DISCUSSION
  
3 See 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, at Appendix A, Table 1, recon. denied, 15 FCC Rcd 25234 
(2000), further proceedings, 16 FCC Rcd 12280 (2001) (Intelsat LLC Orders).  See also 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, Volume II, Annex 1 at 11-12 (submitted January 18, 2000), 
File Nos. SAT-LOA-20000119-00019 to SAT-LOA-20000119-00028 (requesting authorization only for Region 2).  
Intelsat LLC, 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, (grant stamped with conditions on October 2, 2002).
4 Intelsat North America, LLC, Request for Special Temporary Authority for INTELSAT 709, File No. 
SAT-STA-20060630-00073, DA No. 06-1412 (stamp grant with conditions, by Cassandra Thomas, Deputy Chief, 
Satellite Division, on July 10, 2006).  See also Intelsat North America, LLC, Request for Special Temporary 
Authority for INTELSAT 709, File No. SAT-STA-2006901-00094 and Intelsat North America, LLC, (“September 
1, 2006 STA Extension Request”); Request for Special Temporary Authority for INTELSAT 709, File No. SAT-
STA-20061101-00127. (“November 1, 2006 STA Extension Request”).
5 The September 1, 2006 and November 1, 2006 STA Extension requests sought continuation of operations 
authorized in File No. SAT-STA-20060630-00073, DA No. 06-1412.  The INTELSAT 709 satellite operated during 
the requested period pursuant to Section 1.62 of the Commission’s rules, subject to the conditions specified in the 
original authorization.  47 C.F.R. §1.62 (a)(1).
6 Intelsat North America, LLC, Application to Modify Authorization for INTELSAT 709 to Allow the 
Provision of Fixed-Satellite Service on a Non-Interference Basis in Regions 1 and 3 in the 11.7-11.95 GHz Band, 
File No. SAT-MOD-20060901-00095 (filed September 1, 2006) (INTELSAT 709 Application).  Pursuant to the 
Intelsat 709 August 2003 Order, Intelsat North America has already been authorized to operate the corresponding 
Earth-to-space 14.0-14.25 GHz frequency band.  Intelsat 709 August 2003 Order, 18 FCC Rcd 16414, 16417.
7 INTELSAT 709 Application at 3-4.
8 See Policy Branch Information, Acceptable for Filing Public Notice, Report No. SAT-00396 (rel. October 
20, 2006).
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5. For the reasons discussed below, we grant Intelsat North America’s modification request
and authorize Intelsat North America to operate the INTELSAT 709 in the 11.7-11.95 GHz frequency 
band, on a non-harmful interference basis, at the 85.15º E.L. location, subject to conditions listed below.
6. Waiver requests.  Section 1.3 of the Commission’s rules authorizes the Commission to 
waive its rules for “good cause shown.”9 Waiver is appropriate only if special circumstances warrant a 
deviation from the general rule and such deviation would better serve the public interest than would strict 
adherence to the general rule.10 Generally, the Commission may grant a waiver of its rules in a particular 
case only if the relief requested would not undermine the policy objective of the rule in question and 
would otherwise serve the public interest.11  
7. Intelsat North America’s first request is to waive Section 2.106 of the Commission’s 
rules. We conclude that no waiver is necessary. Section 2.106 sets forth the U.S. Table of Allocations 
and includes, for informational purposes only,12 the ITU Table of Frequency Allocations. Because 
INTELSAT 709 will not offer service in the United States, Section 2.106 is not applicable and a waiver is 
therefore not required.13  
8. Intelsat North America also seeks a waiver of Section 25.112(a)(3) of the Commission’s 
rules.  This rule provides that an application is defective if it requests authority to operate a space station 
in a frequency band that is not allocated internationally for such operation under the ITU Radio 
Regulations.  This rule was adopted in the First Space Station Licensing Reform Order.14 The 
Commission adopted this rule to prevent applicants from filing applications that would serve as mere 
“placeholders” for future service, while the applicant pursued changes to the ITU Radio Regulations 
necessary to permit that service.
  
9 See Section 1.3 of the Commission’s rules, 47 C.F.R. §1.3.  See also WAIT Radio v. FCC, 418 F.2d 1153 
(D.C. Cir. 1969) (WAIT Radio); Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1166 (D.C. Cir. 1990) (Northeast 
Cellular).
10 Northeast Cellular, 897 F.2d at 1166.
11 WAIT Radio, 418 F.2d at 1157.
12 Section 2.104(a) of the Commission’s rules specifically states that inclusion of the ITU Table of Frequency 
Allocations is included for informational purposes only.  47 C.F.R. § 2.104(a).
13 Application of Intelsat LLC to Modify Authorization for INTELSAT 805 to Allow the Provision of Fixed-
Satellite Service Between Non-U.S. Points in the 12.7-12.75 GHz Frequency Band, Order and Authorization, 19 
FCC Rcd 2775, 2777-78 ¶ 8 (2004) (holding that a waiver of Section 2.106 is not required “because the United 
States Table of Frequency Allocations applies only to operations in the United States and the insular areas listed in 
Section 2.105 (a) footnotes, 2, 3, and 4…[The] service area in which Intelsat seeks to operate does not include 
jurisdiction of the United States or its possessions, therefore a waiver of Section 2.106 is not required.”).  SES 
AMERICOM, INC., Application for Modification of Satcom SN-4 Fixed Satellite Space Station License, Order and 
Authorization, 05-1812 (rel. June 28, 2005). 
14 Amendment of the Commission's Space Station Licensing Rules and Policies, First Report and Order and 
Further Notice of Proposed Rulemaking in IB Docket No. 02-34, and First Report and Order in IB Docket No. 02-
54, 18 FCC Rcd 10760, 10809 ¶¶ 122-124 (2003) (Space Station Licensing Reform Order) (adopting a processing 
queue for space station applications).  The Commission stated that it would, however, consider applications filed 
after the ITU adopts an international frequency allocation but before the Commission adopted a domestic allocation.  
Space Station Licensing Reform Order, 18 FCC Rcd 10760, 10809 ¶ 124.  The Commission stated that we would 
consider such applications only on a non-conforming, non-harmful interference basis to facilities operating 
consistent with the Table of Frequency Allocations.  In addition, the Commission held that parties seeking authority 
to operate on a non-conforming basis must request a waiver of Section 2.106 of the Commission's rules, and must 
demonstrate good cause for that waiver.
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9. In this instance, we find Intelsat North America has justified its waiver request.  We 
conclude that Intelsat North America’s application is not the type of placeholder application the rule was 
designed to prevent.  Intelsat North America seeks to use the band immediately with a currently 
operational satellite.  Granting this waiver as conditioned would allow Intelsat North America to fully 
utilize available unused capacity on INTELSAT 709 and allow it to meet the immediate operations needs 
of a U.S. Government customer in the Middle East.  
10. Further, Intelsat North America’s proposed non-harmful interference use of the spectrum 
is consistent with Section 4.4 of the ITU Radio Regulations.  Specifically, Section 4.4 of the ITU Radio 
Regulations states that “Administrations of Member States shall not assign to a station any frequency in 
derogation of the Table of Frequency Allocations in this Chapter or other provisions of these Regulations, 
except on the express condition that such a station, when using such a frequency assignment, shall not 
cause harmful interference to, and shall not claim protection from harmful interference caused by, a 
station operating in accordance with the provisions of the Constitution, the Convention and these 
Regulations.”15  We specifically condition Intelsat North America’s authorization to operate INTELSAT 
709 consistent with Section 4.4.  Based upon information provided in Intelsat North America’s 
application, and the conditions imposed in this Order, we conclude that Intelsat North America will be 
able to operate the satellite on a non-harmful interference basis.  Footnote 5.492 of the ITU Table of 
Frequency Allocations allows BSS Plan frequency assignments in the 11.7-11.95 GHz band to be used for 
FSS transmissions provided that the operator meets the interference criteria specified in Appendix 30 of 
the ITU Radio Regulations, which is intended to protect the FS operations in this band.16 Intelsat North 
America submitted information to indicate that its proposed operations in the 11.7-11.95 GHz band will 
be within the limits required to protect FS.17  Additionally, we require Intelsat North America’s operations 
to meet the BSS PFD limits specified in the ITU Radio Regulations, to protect co-frequency MS and FS 
operators.18  Finally, Intelsat North America notes there are no existing operational BSS satellites within 9 
degrees of the 85.15º E.L. orbital location.19 Accordingly, we conclude that Intelsat North America’s 
proposed operations in the 11.7-11.95 GHz band in Regions 1 and 3 are consistent with Section 4.4 of the 
ITU Radio Regulations.  
11. Finally, Intelsat North America requests a waiver of Section 25.140(b)(2) of the 
Commission’s rules.  We find that Intelsat North America has made the appropriate showing to grant this 
request.  Section 25.140(b)(2) of the Commission’s rules requires FSS applicants to provide an 
interference analysis to demonstrate compliance with the Commission’s two-degree spacing policy.  
Because the 11.7-11.95 GHz band is assigned to the BSS in Regions 1 and 3, Intelsat North America has 
provided an analysis of the interference environment within a +/- 9 degree arc as is customary for BSS 
satellites in this band.  This analysis was provided in lieu of a two-degree spacing interference analysis.  
In light of the international allocation of this band to BSS in Regions 1 and 3, we find that Intelsat North 
America’s interference analysis for operations at 85.15º E.L orbital location satisfies the purpose of the 
rule.   
  
15 ITU Radio Regulations, Art. 4.4 (2004). 
16 INTELSAT 709 Application at 7.  See also 47 CFR § 2.106 n. 5.492 (“Assignments to stations of the 
broadcasting-satellite service which are in conformity with the appropriate region Plan or included in the Regions 1 
and 3 List in Appendix 30 may also be used for transmissions in the fixed-satellite service (space-to-Earth), 
provided that such transmissions do not cause more interference, or require more protection from interference, than 
the broadcasting-satellite service transmissions operating conformity with the Plan or the List, as appropriate.”)
17 INTELSAT 709 Application at 7.
18 ITU Radio Regulations, Art. 20, Section V, Table 21-4.
19 INTELSAT 709 Technical Exhibit at 6-7.
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12. Finally, we emphasize that granting this authority does not provide Intelsat North 
America with any authority to operate another satellite at the 85.15º E.L orbital location in the 11.7-11.95 
GHz frequency band.  Moreover, it does not give Intelsat North America any priority in the U.S. 
application-processing queue20 relative to a future application for authority to operate such a satellite.
IV. CONCLUSION
13. Under the circumstances presented, we find that a grant of Intelsat North America’s 
application to modify its license and operate the INTELSAT 709 satellite in the 11.7-11.95 GHz 
frequency band, in ITU Regions 1 and 3, will not cause harmful interference to services operating in 
conformance with the ITU Table of Frequency Allocations and will serve the public interest.
V. ORDERING CLAUSES
14. Accordingly, IT IS ORDERED that Intelsat North America’s Application, File No.  SAT-
MOD-20060901-00095, to modify its space station authorization (Call Sign: S2396) for the INTELSAT
709 satellite to allow the provision of fixed-satellite service at the 85.15º E.L orbital location on a non-
harmful interference basis in ITU Regions 1 and 3 in the 11.7-11.95 GHz frequency band and request for 
waivers of Sections 25.112(a)(3) and 25.140(b)(2), IS GRANTED.
15. IT IS FURTHER ORDERED that Intelsat North America’s Applications for request of 
extension of Special Temporary Authority, File Nos.  SAT-STA-20060901-00094 and SAT-STA-
20061101-00127 ARE GRANTED to the extent necessary, subject to the terms and conditions specified 
in IBFS File No. SAT-STA-20060630-00073 and otherwise ARE DISMISSED AS MOOT.
16. IT IS FURTHER ORDERED that Intelsat North America’s operations of the 11.7-11.95 
GHz frequency band shall be on a non-harmful interference basis, i.e., Intelsat North America shall not 
cause harmful interference to, and shall not claim protection from interference caused to it by, any other 
lawfully operating radiocommunication services, including the fixed service, broadcasting service, 
broadcasting satellite service, and the mobile service.
17. IT IS FURTHER ORDERED that grant of this modification request does not provide 
Intelsat North America with any authority to operate another satellite at the at the 85.15º E.L orbital 
location in the 11.7-11.95 GHz frequency band or any priority in the U.S. application-processing queue 
relative to future applications for authority to operate a satellite at this orbital position in the11.7-11.95 
GHz frequency band.
18. IT IS FURTHERED ORDERED that in the event of any harmful interference does occur, 
Intelsat North America shall cease operations immediately upon notification of such interference and 
shall inform the FCC in writing immediately of such an event.
19. IT IS FURTHERED ORDERED that this authorization does not grant Intelsat North 
America any authority for earth station operations.  Any such operations will need to be authorized 
pursuant to the applicable laws, regulations, rules and licensing procedures for the government of the 
country or governments of the countries to which such operations are subject.  
20. IT IS FURTHER ORDERED that Intelsat North America shall prepare any necessary 
submissions to the ITU for the completion of the appropriate notification obligations for these frequency 
assignments in accordance with the ITU Radio Regulations, indicating their operation in accordance with 
  
20 Space Station Licensing Reform Order, 18 FCC Rcd 10760, 10809.
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Article 4.4.  
21. IT IS FURTHER ORDERED that the power flux density of emissions in the 11.7-11.95 
GHz band at the Earth’s surface shall not exceed the following limits in a reference bandwidth of 1 MHz:
For angles of arrival of 0-5° above the horizontal plane, -124 dB(W/m²);
For angles of arrival of 5-25° above the horizontal plane, -124 + 0.5(?-5)dB(W/m²), where ? is the 
angle of arrival;
For angles of arrival of 25-90° above the horizontal plane, -114 dB(W/m²).
22. This Order is issued pursuant to Section 0.261 of the Commission’s rules on delegated 
authority, 47 C.F.R. § 0.261, and is effective upon release.
FEDERAL COMMUNICATIONS COMMISSION
Cassandra C. Thomas
Deputy Chief
Satellite Division