# Before the

# Federal Communications Commission

# Washington, D.C. 20554

)

In the Matter of )

)

PANAMSAT LICENSEE CORP. ) File No. SAT-LOA-19990812-00082 )
SAT-AMD-20020111-0004

Application for Authority to Launch and ) SAT-WAV-20020321-00026

Operate a Replacement C/Ku Hybrid Fixed ) SAT-STA-20020404-00047

Satellite Service Space Station at 95º W.L. )

)

# ORDER AND AUTHORIZATION

**Adopted: May 29, 2002 Released: May 30, 2002**

**By the Chief, Satellite Division:**

## INTRODUCTION

1.  By this Order, we grant PanAmSat Licensee Corporation ("PanAmSat")
    authority to launch and operate the Galaxy III-C satellite in the
    Fixed Satellite Service ("FSS") in the C and Ku-bands[^1] to replace
    its Galaxy III-R satellite located at 95° W.L.[^2] We also grant
    PanAmSat's request for a waiver of Sections 25.210(e) and
    25.210(g)(2) of the Commission's rules to allow PanAmSat to employ
    circular polarization on some of its Ku-band transponders and to
    operate without all assigned frequencies being reused in beams
    serving widely separate areas. By this action we enable PanAmSat to
    ensure continuation of service to its customers and increased
    service reliability.

# BACKGROUND

2.  PanAmSat requests authority to launch and operate the Galaxy III-C
    satellite at the 95° W.L orbit location previously assigned to the
    Galaxy III-R satellite.[^3] Galaxy III-C will replace the Galaxy
    III-R satellite that is reaching the end of its design life.
    PanAmSat states that the replacement of Galaxy III-R is also
    necessary because Galaxy III-R is operating on a backup satellite
    control processor ("SCP") as a result of a failure of its primary
    SCP. According to PanAmSat, deploying a satellite with two fully
    functioning SCPs will enhance service reliability.[^4]

3.  The Galaxy III-R satellite currently provides C-band service to the
    United States in the 3700-4200 and 5925-6425 MHz band, and Ku-band
    service in the 11.7-12.2 GHz and 14.0-14.5 GHz frequency bands that
    may be switched to either the United States or Latin America
    (*i.e.,* Mexico, the Caribbean, Central and South America).[^5] When
    switched to the Latin America mode, the satellite's Ku-band downlink
    transponders use circular polarization.[^6] PanAmSat proposes to
    operate the replacement Galaxy III-C satellite in these bands as
    well as to provide service in the extended C and Ku-bands, *i.e.*
    6425-6675 MHz and 13.75-14.0 and 11.45-11.7 GHz[^7]

4.  PanAmSat also requests a waiver of Section 25.210(e) of the
    Commission's rules so that it may employ circular polarization on
    its extended and some of its conventional Ku-band transponders.
    Section 25.210(e) requires all satellites in the Fixed-Satellite
    Service to employ state of the art full frequency re-use using both
    horizontal and vertical polarization.[^8] PanAmSat also requests, to
    the extent necessary, a waiver of the full frequency reuse
    requirements set forth in Section 25.210 of the Commission's
    rules.[^9]

## DISCUSSION

5.  Given the enormous costs of building and operating satellite space
    stations, the Commission has stated that there should be some
    assurance that operators will be able to continue to serve their
    customers.[^10] The Commission has therefore stated that, when the
    orbit location remains available for a U.S. satellite with the
    technical characteristics similar to the proposed replacement
    satellite, it will generally authorize the replacement satellite at
    the same location.[^11] The Commission also acts on applications for
    replacement satellites as they are filed, without consolidating them
    into a processing group.[^12]

6.  All applicants must demonstrate technical, legal and financial
    qualifications to hold a space station license.[^13] PanAmSat\'s
    legal and technical qualifications are evidenced by its well
    documented experience and that of its predecessors-in-interest in
    establishing and operating a satellite system. The Commission has on
    several occasions found that PanAmSat possesses the necessary legal
    qualifications to be a Commission licensee. With respect to
    financial qualifications, PanAmSat provided a balance sheet and
    income statements of its parent, Hughes Electronic Corporation
    (\"HEC\"), demonstrating adequate funds to finance the construction,
    launch, and operation for one year of Galaxy III-C. HEC\'s balance
    sheet as of December 31, 2000 shows total current assets of \$4.1
    billion which is more than adequate to cover PanAmSat\'s estimated
    cost of \$248.8 million to construct, launch, and operate Galaxy
    III-C for one year.[^14]

7.  [Request to Operate in the 13.75-14.0 GHz Band]{.underline}.
    PanAmSat also proposes to operate Galaxy III-C 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
    subject to restrictions embodied in footnotes to the domestic and
    international tables of frequency allocations. Because the
    13.75-14.0 GHz band is shared on a primary basis with Government
    radiolocation and with the forward space-to-space and space-to-Earth
    links of the NASA Tracking and Data Relay Satellite (TDRS) System in
    the space research service, earth stations in the United States and
    its possessions operating with the Galaxy III-C satellite will
    require coordination through the National Telecommunications and
    Information Administration (NTIA) Interdepartment Radio Advisory
    Committee's (IRAC) Frequency Assignment Subcommittee (FAS). [^15] In
    this regard, we have received a letter from the NTIA requesting that
    we identify these requirements in any grant of authority to operate
    a satellite in the 13.75-14.0 GHz band. [^16]

8.  Domestically, footnotes US337, US356, and US357 are applicable.
    Footnote US337 to the U.S. Table of Frequency Allocations was
    specifically adopted because TDRS operations in this band support
    manned spaceflight.[^17] Footnotes US356 and US357 place certain
    restrictions on FSS operations.[^18] Internationally, footnotes
    5.502 and 5.503 to the International Telecommunication Union (ITU)
    Radio Regulations also place certain restrictions on FSS
    operations.[^19] As US356 and US357 have been adopted domestically,
    the parallel footnotes in the ITU Radio Regulations (*i.e.*,
    footnotes 5.502 and 5.503) have been removed from the U.S. Table of
    Frequency Allocations. The fundamental difference between the U.S.
    and international footnotes is that international footnote 5.503
    places e.i.r.p. density restrictions for protection of data relay
    services in six megahertz of bandwidth (13.772 - 13.778 MHz),
    whereas U.S. footnote US357 extends to ten megahertz (13.77 - 13.78
    MHz) the bandwidth where these restrictions apply. We require that
    earth stations in the United States and its possessions (U.S. & P)
    operate in accordance with U.S. footnotes US356 and US357. For earth
    stations not in the U.S. & P accessing the Galaxy III-C satellite,
    we require operation to be consistent with international footnotes
    5.502 and 5.503. We further require that non-US&P operation with the
    Galaxy III-C satellite in the four additional MHz with e.i.r.p.
    density restrictions under the U.S. footnote to be coordinated with
    the NASA TDRS system. In the absence of a mutually acceptable
    coordination agreement with the NASA TDRS system forward
    space-to-space link within the additional four megahertz highlighted
    above, the operation of the Galaxy III-C satellite network outside
    the US&P in the entire 13.77 - 13.78 MHz band will be subject to
    U.S. footnote US357.

9.  While the dates in ITU Radio Regulation footnote 5.503A have
    passed,[^20]

> NTIA notes that NASA's Tropical Rainfall Measuring Mission (TRMM)
> satellite system radar in the band 13.793-13.805 GHz is still
> operating.[^21] Since TRMM is a highly valuable and visible U.S.
> asset, with a broad range of international users, NTIA has requested
> cooperation from the FCC and non-Federal Government entities in
> providing assistance in reducing interference with the TRMM
> radar.[^22] NTIA notes that it desires that FSS earth stations in the
> 13.793 - 13.805 GHz frequency band located south of 39º North Latitude
> and east of 110º West Longitude operate with emission levels below
> -150 dBW/600 kHz at the TRMM space station receiver. As this is a
> request and not a requirement, considering the secondary nature of the
> TRMM operation, we urge, but do not require, operators of earth
> stations accessing the Galaxy III-C satellite in the 13.75-14.0 GHz
> band to cooperate voluntarily with NASA in order to facilitate
> continued operation of the TRMM satellite. NTIA also notes that none
> of the other space-based radar operations covered by 5.503A will seek
> continued cooperation in this respect.[^23]

10. [Request to Operate in the 11.45-11.7 GHz Band]{.underline}. We note
    that the 11.45-11.7 GHz frequency band in which PanAmSat proposes to
    operate is allocated to terrestrial services and the FSS on a
    co-primary basis.[^24] FSS operations in this band, however, are
    limited to international service.[^25] Thus, PanAmSat can only
    downlink in the U.S. in the 11.45-11.7 GHz frequency band if the
    corresponding uplink, in any frequency band ,originates outside the
    U.S. Accordingly, no earth stations proposing to operate in the
    11.45-11.7 GHz band will be licensed for U.S. domestic service,
    *i.e.* where the corresponding uplink in any frequency band also
    originates in the U.S. We note that Galaxy III-C has transponders
    operating in the 11.45-11.7 GHz band that are specifically intended
    to serve Puerto Rico, and that the corresponding uplink
    transmissions will originate in North America.[^26] We remind
    PanAmSat that consistent with the requirement to provide only
    international services in the 11.45-11.7 GHz band, any earth
    stations in Puerto Rico that receive transmissions in this band can
    do so only if the corresponding uplink originates outside the U.S.

11. In the 11.45-11.7 GHz frequency band the Commission requires that
    the downlink power flux density (pfd) levels of carriers at the
    earth's surface not exceed the levels specified in Section 25.208(b)
    of the Commission's rules for various elevation angle ranges.[^27]
    For the proposed Galaxy III-C spacecraft, PanAmSat has calculated
    pfd levels for beams operating in the 11.45-11.7 GHz frequency band
    at 0º, 5º, 25º and 90º elevation angles, for both analog (TV/FM) and
    digital carrier types. The results show that the pfd levels could be
    exceeded in certain cases. In the case of the Puerto Rico transmit
    beam at 90º elevation angle, the pfd limit could be exceeded by as
    much as 7.5 dBW/m2/4kHz.[^28]

12. PanAmSat states in an amendment to its application that it will take
    all necessary steps, such as employing continuous video modulation
    with its TV/FM carriers to ensure that all transmissions emanating
    from the proposed spacecraft will meet the pfd limits contained in
    section 25.208 of the Commission's rules. In addition, PanAmSat has
    provided the Commission with supplemental technical information
    addressing this issue.[^29] In this supplemental information,
    PanAmSat stresses that the scenarios cited in the January 2000
    application were "worst case" and offers operational options
    available to maintain the pfd levels of the spacecraft transmission
    within acceptable limits. These include limiting the transmissions
    on the Puerto Rico Beam to only those transmissions that would
    comply with the requisite pfd limits, *e.g*., digital transmissions.
    (Presumably, this option could be applied to the Latin American Beam
    which at 90º elevation angle is also predicted to exceed the pfd
    limits of §25.208.) A second method proposed by PanAmSat would be to
    employ video modulation with the "possible addition of an energy
    spreading signal." PanAmSat states that if this method or any other
    non-e.i.r.p. reduction methods that might become available in the
    future do not result in compliance with the pfd limits of §25.208,
    the PanAmSat would reduce the downlink e.i.r.p. to the appropriate
    level necessary to achieve compliance.

13. Section 25.211(b) of our rules requires that all transmissions
    operating in frequency bands described in §25.208(b) and (c)
    (*i.e*., 11.45-11.7 GHz) shall also contain an energy dispersal
    signal at all times with a minimum peak-to-peak bandwidth set at
    whatever value is necessary to meet the power flux density limits
    specified in §25.2508(b) and (c). Accordingly, we remind PanAmSat
    that it is required to employ such an energy dispersal signal *at
    all times* when transmitting downlink analog video signals in the
    11.45-11.7 GHz frequency band.

14. In addition, PanAmSat has not provided any technical analysis
    demonstrating the efficacy of its proposal to use continuous video
    modulation to ensure compliance with the pfd limits of Section
    25.208. We are not convinced that continuous video modulation, even
    in the presence of a typical energy dispersal signal, will be
    entirely effective, particularly when the pfd excesses are as great
    as 7.5 dB. Accordingly, we require PanAmSat to operate by whatever
    means necessary within the downlink power flux density limits
    specified in Section 25.208(b). This includes, when needed, a
    reduction in its transmitted downlink e.i.r.p.

15. [Request to Operate in the Extended C-Band (6425-6675
    MHz)]{.underline}. PanAmSat proposes to uplink in the 6425-6675 MHz
    frequency band. Section 25.202(a) of the Commission's Rules does not
    specifically list the 6425-6675 MHz portion of the extended C-Band
    among the bands available for satellite licensing. However, under
    section 25.202(b) of our Rules, this band may be licensed on a
    case-by-case basis to space systems in conformance with Section
    2.106 and the Commission's rules and policies.[^30] It should be
    noted, though, that the 6425-6675 MHz band requested by Galaxy III-C
    is shared with and used by a number of terrestrial services
    domestically.[^31] Specifically, the frequency range 6425-6525 MHz
    is used by the mobile service under Parts 74, 78 and 101, including
    for aeronautical mobile and mobile remote pickup operations.[^32]
    The frequency range 6525-6725 MHz is heavily used by the fixed
    service under Part 101.[^33]

16. While the extended C-band is used by terrestrial operations in the
    United States and the continued growth of the band by terrestrial
    services is anticipated and essential, the co-primary allocation for
    FSS has long been acknowledged[^34] and we recognize the value of
    this additional spectrum for the Galaxy III-C satellite. Though
    deployment of a significant number of earth station uplinks may be
    difficult in the United States, this authorization will allow earth
    stations to access the Galaxy III-C satellite in the extended C-Band
    in other countries where earth station deployment and coordination
    may not be as difficult.[^35] However, due to domestic coordination
    and sharing issues, we emphasize that our decision to authorize
    Galaxy III-C for a satellite license to use the 6425-6675 MHz
    portion of the extended C-Band does in no way prejudge any decision
    on access to that band by U.S. earth stations seeking to uplink to
    the Galaxy III-C satellite.[^36] Similarly, our decision today is
    not intended to change in any way conditions for accessing the band
    by the terrestrial services.

17. We authorize the Galaxy III-C satellite in the 6425-6675 MHz band
    mindful that certain issues associated with earth stations accessing
    the satellite in this band may be separately addressed, as discussed
    in part below. The Commission just concluded a proceeding that
    addressed a number of sharing issues between a new allocation for
    Mobile Satellite Service (MSS) feeder links and terrestrial fixed
    and mobile operations in the upper portion of the extended C-Band,
    6875-7025 MHz.[^37] We believe that some of the coordination issues
    discussed therein are applicable to our decision today. For example,
    future earth stations seeking to access Galaxy III-C, because of
    their co-primary status, will need to protect incumbent terrestrial
    facilities through a coordination process.[^38] It also was noted in
    the *MSS Report and Order* that there are a number of other
    proceedings in which the Commission is evaluating issues related to
    satellite and terrestrial fixed coordination in several frequency
    bands, including those at issue herein.[^39] Consequently, with
    respect to the 6525-6675 MHz segment of the extended C-band, which
    is shared between fixed and fixed satellite services, we carry forth
    the Commission's decision in the *MSS Report and Order* that
    "existing coordination rules found in Parts 25 and 101 of our rules
    are adequate to address immediate coordination concerns ... and that
    the issues raised in separate proceedings can be applied uniformly
    across all bands as appropriate."[^40] Subject to future Commission
    decisions, we thus will require applicants for earth stations
    seeking to access the Galaxy III-C in the 6525-6675 MHz band to
    coordinate with terrestrial fixed services in accordance with
    Section 25.203 of the Commission's Rules prior to submitting an
    application to the Commission.[^41]

18. The Commission stated in the *MSS Report and Order* that sharing
    between the mobile, including aeronautical mobile, and satellite
    services in the 6875-7025 MHz band can be much more difficult
    because of the mobile service.[^42] It added that a future
    proceeding would address how coordination is to be achieved between
    satellite and mobile television pickup operations and that the
    Commission would place any appropriate *ad hoc* coordination
    requirements on any gateway authorizations that are requested prior
    to the completion of that proceeding.[^43] In light of the
    considerations in the *MSS Report and Order,* we note that the
    technical rules that were intended to allow terrestrial stations to
    share fixed-satellite service uplink bands in the 6425-6825 MHz band
    were adopted in 1987 and may need to be updated. Therefore, any
    requests for authorization for uplink earth stations in the
    6425-6525 MHz band will continue to be subject to coordination
    pursuant to Section 25.203(c) of the Rules,[^44] but operators
    should be aware that we may need to place appropriate *ad hoc*
    license obligations on any future requests for earth station
    authorization for uplinks pending a future rulemaking proceeding
    addressing any additional coordination requirements in this band.

19. [PanAmSat's Waiver Request]{.underline}. Part 25 of our rules sets
    out technical requirements for earth and space stations in the
    Fixed-Satellite Service. In particular, Section 25.210(e) requires,
    in part, that space stations in the Fixed-Satellite Service employ
    state-of-the-art full frequency re-use using both horizontal and
    vertical polarization.[^45] PanAmSat requests a waiver of Section
    25.210(e) of the Commission's rules so that it may employ circular
    polarization on some of its Ku-band transponders.[^46] Section
    25.210(g)(2) of the Commission's rules requires that satellites
    providing international service be configured so that all assigned
    frequencies (in both polarizations) could be reused in beams serving
    widely separate areas. PanAmSat requests, to the extent necessary, a
    waiver of the full-frequency reuse requirements of Section 25.210.

20. The intent of §25.210(g)(2) is to achieve full frequency reuse in
    beams serving widely separated areas. The Galaxy III-C satellite
    cannot meet this requirement. Specifically, Galaxy III-C does not
    reuse all frequencies in the horizontal polarization in the uplink
    of its North-South America beam, or in the left-hand-circular
    polarization in the downlink of its South America beam.[^47] In
    response to an inquiry from the Commission, PanAmSat further
    clarified that "although the C-band payload on Galaxy III-C, and the
    Ku-band payload with the exception of the 11.95-12.2 GHz
    transponders, use circular or linear polarization to achieve full
    frequency reuse, there are some frequencies on the 11.95-12.2 GHz
    South American and North South America beams that are not fully
    duplicated."[^48]

21. In support of its waiver request, PanAmSat states, among other
    things, that "Galaxy III-C is a BSS 702, one of the largest
    satellites ever built for commercial use"[^49] and "the largest
    satellite PanAmSat has ever launched."[^50] PanAmSat asserts that
    "adding the four channels that are not duplicated to the Ku-band
    payload, although technically feasible, would have put additional
    strain on the power budget for the satellite."[^51] PanAmSat
    maintains that it "would have had to choose between not being able
    to activate all of the satellite's bandwidth at the same time and
    adding batteries and solar cells to a satellite that is as loaded as
    PanAmSat would like given PanAmSat's relatively brief operational
    history with satellites of this size."[^52] PanAmSat states further
    that "some early 702s have in fact faced power problems"[^53] and
    notes that it has had problems with solar panels and batteries on
    other, non-702 satellites.[^54] For these reasons, PanAmSat requests
    a waiver, to the extent necessary, of the full frequency reuse
    requirements set forth in § 25.210 of the Commission's rules.[^55]

22. The Commission may waive a rule for good cause shown[^56][^57]
    Waiver is appropriate 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[^58][^59] Generally, the Commission may grant a waiver of its
    rules in a particular case if the relief requested would not
    undermine the policy objective of the rule in question and would
    otherwise serve the public interest[^60] [^61] Under these
    particular circumstances, we find that a waiver of the full
    frequency reuse requirements set forth in Section 25.210(g)(2), in a
    limited amount of bandwidth, will serve the public interest. We
    understand PanAmSat's desire to be cautious with regard to the power
    budget on its spacecraft, particularly in light of the past problems
    it has experienced both on some early Boeing Satellite Systems (BSS)
    702 model satellites and on other PanAmSat (non-BSS 702)
    satellites.[^62]

23. PanAmSat also asserts that it is in the public interest to grant a
    waiver of

> § 25.210(e) of our rules to permit its use of circular polarization on
> some of its Ku-band transponders[^63] for services to geographic areas
> outside the United States. PanAmSat asserts that a waiver of the
> linear polarization requirement to these geographic areas will prevent
> loss of service to an existing DIRECTV Latin America (DLA) customer
> base that is already using earth stations configured to receive
> circularly polarized transmissions in these geographic areas. PanAmSat
> states that the "Galaxy III-C is in part a replacement for the Galaxy
> III-R[^64] and in part a replacement for Galaxy VIII(I)."[^65] The
> Galaxy VIII(I) satellite is located at 95º W.L. and provides service
> with circular polarization to Mexico, the Caribbean, South America and
> Central America at 13.75-14.0 GHz (uplink) and 11.45-11.95 GHz
> (downlink).[^66] According to PanAmSat, the proposed "Ku-band
> transponders on Galaxy III-C that are circularly polarized will
> replace transponders on Galaxy VIII(I)[^67] that PanAmSat's customer,
> DIRECTV Latin America, uses to provide direct-to-home services in
> Latin America."[^68]

24. In light of the Commission's recent authorization of the Galaxy
    VIII(I)-R[^69] satellite network to operate at the 95° W.L orbital
    location, PanAmSat has clarified its initial justifcation for using
    circularly polarized transponders on the Galaxy III-C
    satellite.[^70] PanAmSat was granted a waiver to operate circularly
    polarized transmissions on the Galaxy VIII(I)-R satellite, on beams
    covering South America, Mexico and the Caribbean in the 11.45-11.95
    GHz band to replace circularly polarized transponders on Galaxy
    VIII(I) used by PanAmSat's customer, DLA, to serve the
    direct-to-home services market in Latin America.[^71] Since
    circularly polarized transmissions are already available on the
    Galaxy VIII(I)-R satellite in the 11.45-11.95 GHz band in Latin
    America, this capacity is not required on Galaxy III-C in order to
    ensure continued service to DLA's customers. PanAmSat acknowledges
    that the 11.45-11.7 GHz payloads on the Galaxy III-C and Galaxy
    VIII(I)-R satellites "serve the same areas; could not be operated at
    the same time without causing harmful interference; and are intended
    to be a substitute for one another."[^72] Thus, in case of a failure
    of either satellite, PanAmSat would use the 11.45-11.7 GHz frequency
    band on the other satellite.

25. As for PanAmSat's use of circularly polarized transponders in the
    11.95-12.2 GHz frequency band, we note that this band is not
    included on the Galaxy VIII(I)-R satellite, and PanAmSat
    acknowledges that at present DLA customers do not receive
    programming in the 11.95-12.2 GHz band.[^73] PanAmSat argues that
    "the circularly polarized earth stations that the customers use to
    receive programming in the 11.45-11.7 GHz band, however, already are
    capable of downlinking circularly polarized signals in the
    11.95-12.2 GHz band."[^74] PanAmSat asserts that it needs to use
    circular polarization on Galaxy III-C's 11.95-12.2 GHz payload, "in
    order to provide service in the polarization mode in which the
    installed base of earth stations is designed to operate."[^75]
    According to PanAmSat, if it were required to use linear
    polarization in the 11.95-12.2 GHz band on Galaxy III-C, "DLA's
    customers would be subject to lost or degraded service unless DLA
    installed linear polarization receive equipment in over one million
    dishes, which would be prohibitively expensive."[^76]

26. The Commission has previously recognized that the delivery of video
    programming to Latin America using circularly polarized Ku-band
    transmissions was in the public interest.[^77] We recognize that
    there is a large existing customer base already using earth stations
    configured to receive circularly polarized transmissions that could
    receive transmissions from the Galaxy III-C circularly polarized
    transponders in both the 11.45-11.7 GHz and 11.95-12.2 GHz bands.
    Although in the 11.45-11.7 GHz band, customers can now be served by
    the Galaxy VIII(I)-R satellite, we recognize the benefit to
    customers of the availability of in-orbit back-up capability. Under
    these circumstances, we find that a waiver of the linear
    polarization requirement of Section 25.210(e) of our rules is in the
    public interest. Grant of a waiver of Section 25.210(e) allows DLA's
    existing customer base using earth stations configured to receive
    circularly polarized signals, to receive circularly polarized
    transmissions from Galaxy III-C in both the 11.45-11.7 GHz and
    11.95-12.2 GHz bands. This will promote continuity of service in
    case of a failure of circularly polarized transponders on Galaxy
    VIII(I)-R operating in the 11.45-11.7 GHz frequency band[^78] and
    allow for an expansion of service to existing customers with
    circularly polarized earth stations.

27. We remind PanAmSat, however, that we are authorizing Galaxy III-C to
    operate certain beams in the extended Ku-band frequencies to
    replace, in part, services that are available to DLA customers on
    the Galaxy VIII(I) satellite. We do so with the understanding that
    PanAmSat will not operate the co-frequency, co-coverage,
    co-polarized transmissions at the same time on both the Galaxy III-C
    and Galaxy VIII(I)-R satellites located at 95° W.L.[^79] We also
    remind PanAmSat that both previous Orders authorizing circularly
    polarized transmissions on Galaxy satellites at 95º W.L. did so
    *only* for non-domestic services.[^80] Accordingly, the circularly
    polarized transponders on the Galaxy III-C satellite may only
    provide service to Latin America, *i.e.,* Mexico, the Caribbean,
    Central America and South America. Moreover, any earth stations in
    the United States or its Possessions, including Puerto Rico, that
    receive circularly polarized transmissions from Galaxy III-C, may do
    so only if the corresponding uplink (in any frequency band)
    originates outside of the United States.

28. In addition, in granting this waiver request, we remind PanAmSat
    that, consistent with our rules, given the non-conforming design of
    its satellite, PanAmSat must protect the routinely licensed services
    of other two-degree-spacing compliant satellite networks serving the
    United States. In addition, PanAmSat must coordinate its
    non-compliant services with the non-compliant services of other
    satellite networks authorized by the United States or authorized to
    serve the United States on an equal basis.

29. [Request for In-Orbit Testing.]{.underline} We also grant PanAmSat's
    request for special temporary authority (STA) for up to ninety days
    to conduct in-orbit testing (IOT) of the Galaxy III-C satellite at
    the 76.5 ° W.L. orbital location.[^81] Grant of the STA will allow
    PanAmSat to complete in-orbit testing without disrupting ongoing
    service at 95° W.L. PanAmSat states that grant of the requested STA
    presents no risk of interference to other authorized users.
    According to PanAmSat, the closest adjacent satellites operating in
    the C-band and/or Ku-band are HGS-5 at 77° W.L., operated by Hughes
    Global Systems; Satcom C1 (C-band only) and AMC-5 (Ku-band only) at
    79° W.L., operated by SES Americom; SBS-6 & Galaxy VI at 74° W.L.,
    operated by PanAmSat; and Nahuel-1 at 71.8° W.L., operated by
    Nahuelsat. In addition, PanAmSat states that it has successfully
    coordinated with the operators of these adjacent satellites.

30. Grant of the STA is conditioned on Galaxy III-C not causing harmful
    interference to any lawfully operating in-orbit satellites. PanAmSat
    shall cease testing operations immediately upon notification of such
    interference. Moreover, PanAmSat's testing of the extended C and
    Ku-band frequencies discussed above must comply with the conditions
    set forth in the order for its regular operation using those
    frequencies.

**IV. CONCLUSION AND ORDERING CLAUSES**

31. Number range level0Number range level1Number range level2Number
    range level3Number range level4Number range level5Number range
    level6Number range level7As set forth above, PanAmSat possesses the
    requisite legal, financial, and technical qualifications to launch
    and operate the Galaxy III-C satellite. We also find that a grant of
    PanAmSat\'s application, subject to the conditions set forth herein,
    will serve the public interest by ensuring continuity of service to
    its customers.

32. Accordingly, IT IS ORDERED that PanAmSat\'s application, File Nos.
    SAT-LOA-19990812-00082, SAT-AMD-20020111-0004, and
    SAT-WAV-20020321-00026 IS GRANTED and PanAmSat is authorized to
    launch and operate its Galaxy III-C satellite at the 95° W.L. orbit
    location in accordance with the terms, conditions, and technical
    specifications set forth in its application.

33. IT IS FURTHER ORDERED that PanAmSat's request for special temporary
    authority, File No. SAT-STA-20020404-00047, to conduct in-orbit
    testing of the Galaxy III-C satellite at 76.5 ° W.L. for a period of
    ninety days from the launch of the Galaxy III-C satellite is
    GRANTED. PanAmSat's testing of the Galaxy III-C satellite at the
    76.5° W.L. location must also comply with the conditions set forth
    in this Order and Authorization for operation of the Galaxy III-C
    satellite at the 95° W.L. orbital location. Operation of Galaxy
    III-C shall not cause harmful interference to any lawfully operating
    in-orbit satellites and PanAmSat shall cease operations immediately
    upon notification of such interference during this period of
    testing.

34. IT IS FURTHER ORDERED that, PanAmSat shall prepare the necessary
    information, as may be required, for submission to the 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 note 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. *See* 47 C.F.R. § 25.111(b).

35. IT IS FURTHER ORDERED that in the 13.75-14 GHz band, all earth
    stations in the United States and its possessions are required to
    coordinate through NTIA's Interdepartment Radio Advisory Committee's
    Frequency Assignment Subcommittee.

36. IT IS FURTHER ORDERED that the operation of the Galaxy III-C
    satellite network in the 13.75-14.0 GHz band shall be in accordance
    with footnotes US356 and US357 to 47 C.F.R. § 2.106 in the United
    States and its posessions and footnotes 5.502 and, subject to
    coordination with IRAC, 5.503 to the ITU Radio Regulations outside
    of the United States and its possessions. In addition, in the
    absence of a separate coordination agreement with the forward

> space-to-space link of the NASA TDRS system operating in the
> 13.75-14.0 GHz frequency band, U.S. footnote US357 will apply to
> non-United States operation of the Galaxy III-C satellite network in
> the 13.77 - 13.78 GHz band.

37. IT IS FURTHER ORDERED that PanAmSat shall operate by whatever means
    necessary within the downlink power flux density limits specified in
    §25.208(b) of the Commission's rules, including, when necessary, a
    reduction in its transmitted downlink e.i.r.p.

38. IT IS FURTHER ORDERED that PanAmSat's use of the 11.45-11.7 GHz
    frequency band shall comply with the terms of Footnote NG104 which
    permits use of this downlink frequency for international service
    only, *i.e.* where the corresponding uplink does not originate in
    the United States.

39. IT IS FURTHER ORDERED that, given the non-conforming design of its
    satellite, PanAmSat must protect the routinely licensed services of
    other satellite networks either licensed by the United States or
    authorized to serve the United States. PanAmSat must also coordinate
    its non-compliant services with the non-compliant services of other
    satellite networks licensed by the United States or authorized to
    serve the United States on an equal basis.

40. IT IS FURTHER ORDERED that PanAmSat shall not operate the
    co-frequency, co-coverage, co-polarized transmissions, at the same
    time on both the Galaxy III-C and Galaxy VIII(I)-R satellites
    located at 95° W.L as stated in paragraph 27 of this Order and
    Authorization.

41. IT IS FURTHER ORDERED that PanAmSat is obliged to comply with the
    applicable laws, regulations, rules, and licensing procedures in
    every country it proposes to serve.

42. IT IS FURTHER ORDERED that the license term for the Galaxy III-C

> satellite is fifteen years and will begin to run on the date the
> licensee certifies to the Commission that the satellite has been
> successfully placed into orbit and its operation fully conforms to the
> terms and conditions of this authorization.

43. PanAmSat is afforded thirty days from the date of release of this
    order and authorization to decline this authorization as
    conditioned. Failure to respond within this period will constitute
    formal acceptance of the authorization as conditioned.

44. 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 Division

[^1]: The "conventional" C-band refers to the 3700-4200/5925-6425 MHz
    frequency bands. The "conventional" Ku-band refers to the 11.7-12.2
    GHz/14.0-14.5 GHz frequency bands. Operation on C and Ku frequencies
    outside of these conventional C and Ku-band frequencies is referred
    to as "extended." Thus, the 6425-6675 MHz frequency band that
    PanAmSat proposes to use is referred to as an "extended" C-band
    frequency. The 11.45-11.7 GHz and 13.75-14.0 GHz frequency bands
    that PanAmSat proposes to use are referred to as "extended" Ku-band
    frequencies.

[^2]: We note that Galaxy III-C will also replace, in part, certain
    services available on the Galaxy VIII(I) satellite and serve as a
    substitute for the recently authorized Galaxy VIII(I(R) satellite.
    *See* Letter from Joseph A. Godles, Attorney for PanAmSat
    Corporation, to Marlene Dortch, Secretary FCC (May 17, 2002).

[^3]: *See* *Hughes Communications Galaxy, Inc.*, 3 FCC Rcd 6989 (Int'l
    Bur. 1988), modified in 7 FCC Rcd 7119 (Intl'l Bur. 1992).

[^4]: PanAmSat states that it has no specific plans at this time for the
    Galaxy III-R satellite once it is replaced. PanAmSat Amendment,
    Question 43.

[^5]: Service in the Ku-band is provided to only one region or the other
    at any given time using a set of ground-controlled switches. One set
    of switches allows Galaxy III-R to receive uplink transmissions at
    14.0-14.50 GHz: (i) from the United States; or (ii) from both the
    United States and anywhere in Latin America. Another set of switches
    allows the satellite to transmit at 11.7-12.2 GHz either: (i) only
    to the United States; or (ii) only to Latin America. *See* Hughes
    Communication Galaxy, Inc., 10 FCC Rcd. 10947 (Int'l Bur. 1995).

[^6]: *Id.*

[^7]: The extended C-band uplink can also cross-strap to certain Ku-band
    downlink transponders.

[^8]: 47 C.F.R. § 25.210 (e).

[^9]: 47 C.F.R. § 25.210 (g).

[^10]: GE Americom Commuications, Inc., For Authority to Construct and
    Launch its GE-2 Replacement Satellite and to operate it at 85° W.L.,
    10 FCC Rcd 13775 (Int'l Bur. 1995) (citations omited).

[^11]: Columbia Communications Corporation, Authorization to Launch and
    Operate a Geostationary C-Band Replacement Satellite in the
    Fixed-Satellite Service at 37.5° W.L., *Memorandum Opinion and
    Order*, 16 FCC Rcd 20176 (Int'l Bur. 2001).

[^12]: GE Americom, 10 FCC Rcd at 13776.

[^13]: 47 C.F.R. §§25.114, 25.140.

[^14]: An applicant relying on internal financing must submit a balance
    sheet documenting current assets and operating income sufficient to
    cover its costs. Current assets \-- which include cash, inventory,
    and accounts receivable \-- provide a general measure of a
    company\'s ability to raise funds on the basis of its on-going
    operations. *See* 47 C.F.R. § 25.114(c)(13).

[^15]: *See* Amendment of Parts 2, 25, and 90 of the Commission\'s Rules
    to Allocate the 13.75-14.0 GHz Band to the Fixed-Satellite Service,
    ET Docket No. 96-20, Report and Order, 11 FCC Rcd 11951, 11960-61
    para. 20 (1996).

[^16]: *See* Letter from William Hatch, Acting Associate Administrator,
    Office of Spectrum Management, NTIA, to Roderick Porter, Acting
    Chief, International Bureau, FCC (May 11, 1999).

[^17]: Footnote US337 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 Tracking
    and Data Relay Satellite System. 47 C.F.R. § 2.106 US337.

[^18]: Footnote US356 places a restriction minimum antenna size of 4.5
    meters for earth stations operating in the 13.75-14.0 GHz band and
    indicates a minimum equivalent isotropically radiated power
    (\"e.i.r.p.\") that should be used. Footnote US357 limits FSS earth
    station e.i.r.p. spectral density in the 13.77-13.78 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.

[^19]: Footnote 5.502 to the ITU Radio Regulations places certain
    restrictions on the minimum equivalent isotropically radiated power
    (\"e.i.r.p.\") and minimum antenna size for earth stations operating
    in the 13.75-14.0 GHz band. Footnote 5.503 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

[^20]: Footnote 5.503A 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. 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 operating 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.\"

[^21]: *See* Letter from Frederick R. Wentland, Acting Associate
    Administrator, Office of Spectrum Management, NTIA, to Don Abelson,
    Chief, International Bureau, FCC (February 28, 2002).

[^22]: *Id.*

[^23]: *Id.*

[^24]: Allocation of a given frequency band for a particular service on
    a primary basis entitles operators to protection against harmful
    interference from stations of \"secondary\" services. Further,
    secondary services cannot claim protection from harmful interference
    caused by stations of a primary service. *See* 47 C.F.R. §§ 2.104(d)
    and 2.105(c).

[^25]: Use of the band by the FSS domestically in the United States is
    subject to certain restrictions. Specifically, Non-Government
    footnote NG104 to the U.S. Table of Frequency Allocations states
    that the use of the bands 10.7-11.7 GHz in the fixed-satellite
    service is limited to international systems, i.e. \"other than
    domestic systems.\" The Commission interpreted this language to mean
    that U.S.-licensed systems may use the 10.7-11.7 GHz band to provide
    international service only. *See PanAmSat Licensee Corp*., FCC Rcd.
    7725 (Int'l Bur. 1999).

[^26]: The Galaxy III-C's Puerto Rico Beam operates on the 1K and 3K
    transponders with center frequencies 11.48088 GHz and 11.51004 GHz,
    respectively. Corresponding uplinks are on either the Ku-band 1K and
    3K transponders, or the extended C-band 1E and 3E transponders.

[^27]: *See* 47 C.F.R. §25.208(b).

[^28]: PanAmSat Amendment to application, Exhibit 9.

[^29]: PanAmSat technical supplement dated February 4, 2002, p. 2-3

[^30]: 47 C.F.R. § 25.202. The domestic frequency allocation table
    allocates the bands 6425-6525 MHz and 6525-6725 MHz to the fixed
    satellite service on a co-primary basis. 47 C.F.R. § 2.106.

[^31]: Conversely, the 6425-6725 MHz band is lightly used by satellite
    operations in the United States.

[^32]: At present there are 211 licenses for operations in the 6425-6525
    MHz under Parts 74 and 101. Approximately 35 percent of these
    licenses are for channels on a nationwide basis, which allows the
    broadcast news gathering community, with proper coordination, to
    cover news worthy events across the country on an as-needed basis.
    Pursuant to Part 78, the Commission also has licensed 13 mobile
    cable television relay service (CARS) stations in the 6425-6525 MHz
    band, mostly in major metropolitan areas including New York,
    Chicago, Phoenix, and Miami. While these 13 mobile stations are
    licensed to a particular community, they can be used anywhere in the
    United States with 24-hour advance notice to the Commission.

[^33]: The 6525-6825 MHz band, which includes a portion of the extended
    C-Band requested by Galaxy III-C, is used by the fixed, point-to
    point community with 14,238 links presently licensed. It is our
    understanding that many fixed service licensees have relocated to
    the extended C-Band from the 2 GHz band and from other parts of the
    C-Band due to congestion arising from sharing with satellite and
    other terrestrial fixed operations.

[^34]: *See, e.g.* *Establishment of a Spectrum Utilization Policy for
    the Fixed and Mobile Services' Use of Certain Bands Between 947 MHz
    and 40 GHz*, Third Report and Order, 52 FR 7136 (1987) (adopting
    rules setting limitations to minimize the probability of harmful
    interference to reception by satellites in the 6425-6825 MHz
    frequency bands).

[^35]: We note that the applicant has stated that it does not anticipate
    that this satellite will be accessed by more than a handful of earth
    stations in the extended-C band. Letter to Thomas Tycz, Chief,
    Satellite Division, from Henry Goldberg, Attorney for PanAmSat
    Corporation (May 6, 2002).

[^36]: We recognize that one of the primary purposes of the Galaxy III-C
    satellite is to serve the Latin America market. Consequently, our
    decision today is not intended to impact in any way the ability of
    earth stations sited in other countries to access the Galaxy III-C
    satellite. We also note that the applicant has clarified in the
    record that it is aware of its obligations to coordinate with
    incumbent licensees and that this grant does not prejudge any future
    decisions regarding earth station applications in the United States.
    Letter to Thomas Tycz, Chief, Satellite Division, from Henry
    Goldberg, Attorney for PanAmSat Corporation (May 6, 2002).

[^37]: *See, e.g., Amendment of Parts 2, 25 and 97 of the Commission's
    Rules with Regard to the Mobile-Satellite Service Above 1 GHz*, ET
    Docket No. 98-142, *Report and Order*, FCC 02-23 (released February
    7, 2002) *(MSS Report and Order*). *Compare Amendment of Parts 2 and
    90 of the Commission's Rules to Allocate the 5.850-5.925 GHz Band to
    the Mobile Service for Dedicated Short Range Communications of
    Intelligent Transportation Services*, ET Docket No. 98-95, FCC
    99-305, ¶ 15 (released October 22, 1999).

[^38]: *See* *id.* at ¶ 48.

[^39]: *Id.* at ¶ 53.

[^40]: *Id.* at ¶ 54.

[^41]: *See* 47 C.F.R. § 25.203.

[^42]: *Id.* at ¶ 55. We note that mobile licensing in the 6425-6525 MHz
    band also is unique in that some mobile licensees receive nationwide
    authorizations and coordinate actual operations with other
    terrestrial licensees through local coordinators as mobile service
    needs dictate.

[^43]: *Id.* at ¶ 57.

[^44]: *See* 47 C.F.R. § 25.203(c)(5).

[^45]: 47 C.F.R. § 25.210(e).

[^46]:
    > ^?^ *See* Letter from Joseph A. Godles, Attorney for PanAmSat
    > Corporation, to William F. Caton, Secretary, FCC (March 21, 2002)
    > ("Waiver Request"). PanAmSat's request was placed on public notice
    > and no comments were received. *See* Report No. SAT-000106, March
    > 25, 2002.

[^47]: These frequencies are 11.948-11.963 GHz, 11.987-12.023 GHz,
    12.047-12.083 GHz, 12.107-12.143 GHz and 12.167-12.182 GHz. We
    recognize that these frequencies are fully reused in transponders on
    Galaxy III-C's North America beam. *See* PanAmSat Amendment, Exhibit
    1A.

[^48]: Letter from Joseph A. Godles, Attorney for PanAmSat Corporation,
    to William F. Caton, Secretary, FCC (May 13, 2002).

[^49]: *Id.*

[^50]: *Id.*

[^51]: *Id.*

[^52]: *Id.*

[^53]: *Id.* at 2.

[^54]: *Id.*

[^55]: *Id.*

[^56]: ^.^

[^57]: 47 C.F.R. § 1.3.

[^58]: ^.^

[^59]: *Northeast Cellular Telephone Co. v. FCC,* 897 F.2d 1166 (D.C.
    Cir. 1990).

[^60]: ^.^

[^61]: *Wait Radio v. FCC*, 418 F.2d 1153 (D.C. Cir. 1969); *Dominion
    Video Satellite, Inc.*, Order and Authorization, 14 FCC Rcd 8182
    (Int'l Bur. 1999).

[^62]: For example, in September 2001 when emerging from a solar
    eclipse, the PAS-7 satellite experienced a solar cell short-circuit
    resulting in a sudden, permanent loss of power.

[^63]: The sixteen 11.45-11.7 GHz transponders in the satellite's Latin
    America beam use circular polarization, as do the twelve 11.95-12.2
    GHz transponders in the South America beam. *See* PanAmSat Waiver
    Request dated March 21, 2002, fn 1.

[^64]: The Galaxy III-R satellite is authorized to provide service in
    the 11.7-12.2 GHz bands using linear polarization in the United
    States or circular polarization in Latin America. Service is
    provided only to one region or the other at any given time using a
    set of ground-controlled switches. The Commission recognized the
    public interest benefit in providing digital video distribution in
    Latin America using circularly polarized transmissions, but required
    that operation for domestic use must use linear polarization. *See*,
    Hughes Communication Galaxy, Inc., 10 FCC Rcd. 10947 (Int'l Bur.
    1995).

[^65]: *See* Letter from Joseph A. Godles, Attorney for PanAmSat
    Corporation, to William F. Caton, Secretary, FCC (March 21, 2002).

[^66]: *See* *PanAmSat Licensee Corp.*, 12 FCC Rcd 20345 (Int'l Bur.
    1997).

[^67]: The Galaxy VIII(I) provides circularly polarized transmissions to
    Latin America in the 11.45-11.95 GHz downlink band. PanAmSat is
    proposing to replace these services with circularly polarized
    transmission in Galaxy III-C's 11.45-11.7 GHz downlink band (Latin
    America and Puerto Rico beams); PanAmSat is not proposing to operate
    circularly polarized transponders in Galaxy III-C's 11.7-11.95 GHz
    downlink band. In addition, DLA customers do not at present receive
    programming in the 11.95-12.2 GHz band, in which PanAmSat also seeks
    authorization to use circularly polarized transponders.

[^68]: Letter from Joseph A. Godles, Attorney for PanAmSat Corporation,
    to Marlene Dortch, Secretary FCC (March 21, 2002). *See also*,
    Letter from Joseph A. Godles, Attorney for PanAmSat Corporation, to
    Marlene Dortch, Secretary FCC (May 17, 2002) in which PanAmSat
    clarifies that only the 11.45-11.7 GHz circularly polarized
    transponders on Galaxy III-C will replace those on the Galaxy
    VIII(I) that are now providing service to DLA customers.

[^69]: *See* *PanAmSat Licensee Corp.*, DA 02-1068, released May 8,
    2002.

[^70]: Letter from Joseph A. Godles, Attorney for PanAmSat Corporation,
    to Marlene Dortch, Secretary FCC (May 17, 2002)

[^71]: *See* *PanAmSat Licensee Corp.*, DA 02-1068, released May 8, 2002
    at para. 14.

[^72]: Letter from Joseph A. Godles, Attorney for PanAmSat Corporation,
    to Marlene Dortch, Secretary FCC (May 17, 2002).

[^73]: *Id.*

[^74]: *Id*.

[^75]: *Id.*

[^76]: *Id.*

[^77]: *See* Hughes Communication Galaxy, Inc., 10 FCC Rcd. 10947
    (1995).

[^78]: This justification would also apply if PanAmSat chose to operate
    the 11.45-11.7 GHz frequency band on the Galaxy III-C satellite
    while using Galaxy VIII(I)R as a back-up.

[^79]: Many of the proposed transmissions on the Galaxy III-C satellite
    would operate at the same frequencies and polarizations, and cover
    the same service areas as those already authorized for the Galaxy
    VIII(I)-R satellite. For example, in the 13.75-14.0 GHz uplink band,
    Galaxy III-C transmissions on the North America and North-South
    America uplink beams cannot operate simultaneously with vertically
    polarized transmissions on the North America/Mexico beam and with
    horizontally polarized transmissions on the South America beam,
    respectively, on the Galaxy VIII(I)-R. Similarly, in the 11.45-11.7
    GHz downlink band, transmissions on Galaxy III-C's Latin America
    beams cannot operate simultaneously with transmissions on the Galaxy
    VIII(I)-R's West-South America beam

[^80]: *See* Hughes Communication Galaxy, Inc., 10 FCC Rcd. 10947 (Int'l
    Bur. 1995), in which we required that Hughes must use linear
    polarization for domestic use. *See* also, *PanAmSat Licensee
    Corp.*, 12 FCC Rcd 20345 (Int'l Bur. 1997) in which the Commission
    recognized that Galaxy VIII(I)'s use of the 11.45-11.7 GHz band was
    for international use only.

[^81]: Letter from Joseph A. Godles, Attorney for PanAmSat Corporation,
    to William Caton, Secretary, FCC (April 1, 2002).