Before the

**FEDERAL COMMUNICATIONS COMMISSION**

# Washington, D.C. 20554

)

In the Matter of )

)

Loral Orion Services, Inc. ) File Nos. SAT-MOD-19991213-00120 )
SAT-MOD-19990819-00086

Application for Modification of )

Space Station Authority )

)

# ORDER

Adopted: March 30, 2000 Released: March 31, 2000

By the Chief, Satellite and Radiocommunication Division, International
Bureau:

# I. INTRODUCTION

1 By this Order, we grant Loral Orion Services, Inc. (Loral) authority
to operate its Telstar 12 satellite[^1] at the 15° W.L. orbit location.
We also grant Loral authority to operate Telstar 12 on additional
frequency bands, and to make certain other technical modifications to
the satellite. Reassigning Telstar 12 to 15° W.L. is the final step in
implementing an international coordination agreement between Loral and
EUTELSAT. Granting the proposed technical modifications will also enable
Loral to provide better service to its customers.

#### II. BACKGROUND

2 In 1995, under the "separate system" framework in effect prior to
*DISCO I*, [^2] the International Bureau (Bureau) granted Loral
conditional authority to construct, launch, and operate the Telstar 12
satellite at the 12.0° W.L. orbit location.[^3] This authority was
conditioned upon demonstration of financial qualifications to launch and
operate the satellite for one year, and upon completion of consultations
with INTELSAT.[^4] On August 13, 1999, Loral filed a request for final
authority for Telstar 12, asserting that it had met those two
conditions.[^5] On August 19, 1999, Loral sought authority to add the
13.75-14.0 GHz and 10.95-11.2 GHz frequency bands to Telstar 12, for
European and South African operations.[^6] Loral also requested
authorization to make certain technical modifications to Telstar 12 on
August 19, 1999.[^7]

3 Loral requested Special Temporary Authority (STA) on September 9,
1999, to launch this satellite and to conduct in-orbit tests at the 15°
W.L. orbit location, while Loral and EUTELSAT continued coordination
discussions with respect to a EUTELSAT satellite at the 12.5° W.L. orbit
location. We granted Loral\'s August STA request on October 4, 1999,[^8]
and we granted final authority to launch and test Telstar 12 at the 15°
orbit location on October 18, 1999.[^9] On December 10, 1999, we granted
Loral an STA to operate Telstar 12 at 15° W.L. for 180 days.[^10] Loral
now requests regular authorization to operate Telstar 12 at 15° W.L.,
consistent with the technical modification application filed on August
19, 1999. Both of Loral\'s applications are unopposed.

#### III. DISCUSSION

4 We address Loral\'s orbit location reassignment application first.
Loral states that reassignment of its orbit location is necessary to
enable it and EUTELSAT to resolve their coordination issues.[^11] Loral
also notes that the Commission has reassigned orbit locations in the
past when doing so helps to resolve coordination issues.[^12] For
example, in the *GE 81° Order*, we reassigned GE Americom\'s GE-3
satellite to 81° W.L., to expedite resolution of a coordination dispute
with the *Simón Bolivar* Andean Satellite System.[^13] Later, in the *GE
72° Order*, we reassigned the GE-3 satellite to 72° W.L. to expedite
resolution of a coordination dispute with Argentina.[^14] Facilitating
resolution of such international coordination disputes enables licensees
to bring their satellites into service more quickly. Consequently, if
the agreement does not adversely affect other satellite operators and is
otherwise in the public interest, we will take whatever action is
necessary to facilitate its implementation. Loral\'s operations at 15°
W.L. should not impact existing operations of any other satellite
networks. Further, as with all U.S.-licensed satellites, operations on
Telstar 12 must be coordinated in accordance with the International
Telecommunication Union (ITU) Radio Regulations with all affected
administrations. By authorizing Loral to operate Telstar 12 at 15° W.L.
rather than 12° W.L., we take the final step in allowing Loral and
EUTELSAT to implement the agreement resolving their international
coordination dispute.[^15]

5 Next, we consider Loral\'s request to communicate in the 13.75-14.0
GHz frequency band. The 13.75-14.0 GHz band has been allocated
domestically and internationally to the fixed-satellite service (FSS)
subject to certain restrictions. In particular, footnotes S5.502, S5.503
and S5.503A to the International Telecommunication Union (ITU) Radio
Regulations place certain restrictions on FSS operations.[^16]
Domestically, footnote US337 to 47 C.F.R. § 2.106 requires that earth
stations operating in the 13.75-13.8 GHz band be coordinated through the
National Telecommunications and Information Administration (NTIA)
Interdepartment Radio Advisory Committee's Frequency Assignment
Subcommittee to minimize interference to the forward space-to-space link
of the National Aeronautics and Space Administration's Tracking and Data
Relay Satellite System.[^17] In this regard, we have received a letter
from the NTIA[^18] requesting that we identify these requirements in any
grant of authority to operate a satellite in the 13.75-14.0 GHz band.
Taking these considerations into account, we require that the operations
of the Telstar 12 satellite in the 13.75-14.0 GHz band be consistent
with these various international and domestic regulatory footnotes.

6 Loral also requests authority to add the downlink frequency band of
10.95-11.20 GHz to Telstar 12. The use of this frequency band by the
Fixed-Satellite Service in the United States is limited to international
service under footnote NG104 to the United States Table of Frequency
Allocations in Section 2.106 of the Commission's rules.[^19]
Accordingly, Loral may provide international service only and is not
authorized to provide domestic service within the United States in this
band.

7 Finally, we conclude that Loral\'s remaining technical modification
requests are consistent with Part 25 of the Commission\'s rules.
Accordingly, we grant Loral authority to make these modifications.

## IV. ORDERING CLAUSES

8 Accordingly, IT IS ORDERED that the Application for Modification,
Filed No. SAT-MOD-19991213-00120, filed by Loral Orion Services, Inc. on
December 13, 1999 IS GRANTED, subject to the conditions set forth in
this Order.

9 Accordingly, IT IS ORDERED that the Application for Modification,
Filed No. SAT-MOD-19990819-00086, filed by Loral Orion Services, Inc. on
August 19, 1999 IS GRANTED, subject to the conditions set forth in this
Order.

10 IT IS FURTHER ORDERED that the operation of the Telstar 12 satellite
in the 13.75-14.00 GHz band shall be in accordance with footnotes
S5.502, S5.503, and S5.503A to the ITU Radio Regulations.

11 IT IS FURTHER ORDERED that, pursuant to footnote US337 to 47 C.F.R. §
2.106, Loral Orion Services, Inc. is required to coordinate the
operation of the Telstar 12 satellite network in the 13.75-13.80 GHz
band through NTIA\'s Interdepartment Radio Advisory Committee\'s
Frequency Assignment Subcommittee to minimize interference to the
forward space-to-space link of the National Aeronautics and Space
Administration\'s Tracking and Data Relay Satellite System.

12 IT IS FURTHER ORDERED that transmissions to and from the Telstar 12
satellite in the 10.95-11.20 GHz frequency band is limited to the
provision of Fixed-Satellite Service between the United States and
international points.

13 IT IS FURTHER ORDERED that Loral Orion Services, Inc. is obliged to
comply with the applicable laws, regulations, rules, and licensing
procedures in those countries it proposes to serve.

14 IT IS FURTHER ORDERED that operations over the Telstar 12 satellite
at the 15° W.L. orbit location SHALL BE in compliance with the satellite
coordination agreements reached between Loral Orion Services, Inc. and
the European Telecommunications Satellite Organization (EUTELSAT).

15 IT IS FURTHER ORDERED that Loral Orion Services, Inc. shall prepare
the necessary information, as may be required, for submission to the
International Telecommunication Union (ITU) to initiate and complete the
advance publication, international coordination, and notification
process of this space station 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).

16 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. 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, 1.115, may be filed within 30 days of the date of
the release of this Order. (*See* 47 C.F.R. § 1.4(b)(2).)

FEDERAL COMMUNICATIONS COMMISSION

Thomas S. Tycz

Chief, Satellite and Radiocommunication Division

International Bureau

[^1]: Telstar 12 was formerly named Orion 2. Loral Request at 1 n.1. In
    1995, this satellite was referred to as \"Orion F3\" and licensed to
    Orion Satellite Corp. Orion Satellite Corp., Order and
    Authorization, 10 FCC Rcd 12307 (Int'l Bur. 1995) (*Loral
    Conditional Authorization Order*). Orion later merged with Loral
    Space & Communication Ltd. *See* Loral Space & Communication Ltd.
    and Orion Network Systems, Inc. International Private Satellite
    Partners, L.P. (d/b/a) Orion Atlantic, L.P., Application for the
    Transfer of Control of Various Space Station, Earth Station, and
    Section 214 Authorizations, Order and Authorizations, 13 FCC Rcd
    4592 (Int'l Bur. 1998). For consistency, we refer to this company as
    "Loral" and this satellite as \"Telstar 12\" throughout this Order.

[^2]: Amendment to the Commission's Regulatory Policies Governing
    Domestic Fixed Satellites and Separate International Satellite
    Systems, Report and Order, CC Docket No. 95-41, 11 FCC Rcd 2429
    (1996) (*DISCO I*).

[^3]: Orion Satellite Corp., Order and Authorization, 10 FCC Rcd 12307
    (Int'l Bur. 1995) (*Loral Conditional Authorization Order*).

[^4]: *Loral Conditional Authorization Order*, 10 FCC Rcd at 12307-08
    (para. 6).

[^5]: Letter from Laurence D. Atlas, Vice President, Government
    Relations, Loral, to Magalie Roman Salas, Secretary, FCC, August 13,
    1999 (*August 13 Letter*).

[^6]: Loral August 19 Application at 2.

[^7]: Specifically, Loral seeks to (1) add extended Ku-band frequencies
    for European and South African operations; (2) redefine certain spot
    beam coverage areas; (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 other minor technical modifications. *See*
    Loral August 19 Application; Loral December 10 Application at 1 n.2.

[^8]: Letter from Cassandra C. Thomas, Deputy Chief, Satellite and
    Radiocommunication Division, International Bureau, to Jennifer D.
    McCarthy, Counsel for Loral, Oct. 4, 1999 (*October 4 Special
    Temporary Authority*). Subsequently, we denied EUTELSAT\'s petition
    to stay the Special Temporary Authority. Loral Orion Services, Inc.,
    Petition for Stay Filed by EUTELSAT, Order, DA 99-2221 (Int\'l Bur.,
    released Oct. 18, 1999).

[^9]: Loral Orion Services, Inc., Request for Final Authorization to
    launch and operate the Orion F2 Satellite at 12 Degrees, W.L., Order
    and Authorization, DA 99-2222 (Int\'l Bur., released Oct. 18, 1999).

[^10]: Letter from Thomas S. Tycz, Chief, Satellite and
    Radiocommunication Division, International Bureau, to John P. Stern,
    Associate General Counsel, Loral (Dec. 10, 1999).

[^11]: ^?^ Loral December 13 Application at 2-3.

[^12]: ^?^ Loral December 13 Application at 3, *citing* Assignment of
    Orbital Locations to Space Stations in the Domestic Fixed-Satellite
    Service, Memorandum Opinion and Order, 13 FCC Rcd 13863, 13865
    (paras. 3-5) (Int\'l Bur. 1998) (*GE 81° Order)*; Assignment of
    Orbital Locations to Space Stations in the Domestic Fixed-Satellite
    Service, Memorandum Opinion and Order, 13 FCC Rcd 23684, 23686
    (para. 4) (Int\'l Bur. 1998) (*GE 72° Order*).

[^13]: *GE 81° Order*, 13 FCC Rcd at 13865 (para. 5).

[^14]: *GE 72° Order*, 13 FCC Rcd at 23686 (para. 4).

[^15]: We have already granted several U.S. earth stations authority to
    provide service in the United States using the EUTELSAT II-F2
    satellite at 12.5° W.L. *See*, *e.g.*, Applications of BT North
    America Inc., CBS Broadcasting, Inc., Order, DA 00-162 (Int\'l.
    Bur., released Feb. 1, 2000).

[^16]: In particular, footnote S5.502 to the international Radio
    Regulations places certain restrictions on the minimum effective
    isotropically radiated power (e.i.r.p.) and minimum antenna size for
    earth stations operating in this band. Footnote S5.503 limits FSS
    earth station e.i.r.p. spectral density in the 13.772-13.778 GHz
    band until those geostationary space stations in the space research
    service for which advance publication information was received by
    the ITU prior to 31 January 1992 cease to operate in this band.
    Footnote S5.503A states that: "Until 1 January 2000, stations in the
    fixed-satellite service shall not cause harmful interference to
    non-geostationary space stations in the space research and Earth
    exploration-satellite services. After that date, these
    non-geostationary space stations will operate on a secondary basis
    in relation to the fixed-satellite service. Additionally, when
    planning earth stations in the fixed-satellite service to be brought
    into service between 1 January 2000 and 1 January 2001, in order to
    accommodate the needs of spaceborne precipitation radars in the band
    13.793-13.805 GHz, advantage should be taken of the consultation
    process and the information given in Recommendation ITU-R SA.1071."

[^17]: 47 C.F.R. § 2.106 footnote US337 specifically states the
    following: \"In the band 13.75-13.80 GHz, earth stations in the
    fixed-satellite service shall be coordinated on a case-by-case basis
    through the frequency assignment subcommittee in order to minimize
    harmful interference to the Tracking and Data Satellite System\'s
    forward space-to-space link (TDRSS forward link-to-LEO).\"

[^18]: *See* Letter from William Hatch, Acting Associate Administrator,
    Office of Spectrum Management, NTIA, to Roderick Porter, Acting
    Chief, International Bureau, FCC (May 11, 1999).

[^19]: 47 C.F.R. § 2.106.