Before the

Federal Communications Commission

**Washington, D.C. 20554**

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| In the Matter of                 | *  | File No.                     |
|                                  | *) | SAT-MOD-20030131-00029       |
| **INTELSAT LLC**                 | ** |                              |
|                                  |    | Call Sign: S2396             |
| Modification of Authorization to | *  |                              |
| Operate, and to Further          | *) |                              |
| Construct, Launch and Operate    | ** |                              |
| C-band and Ku-band Satellites    |    |                              |
| that Form a Global               | *  |                              |
| Communications System in         | *) |                              |
| Geostationary Satellite Orbit    | ** |                              |
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**ORDER AND AUTHORIZATION**

**Adopted: August 11, 2003 Released: August 12, 2003**

By the Chief, Satellite Division, International Bureau:

# introduction

1.  By this *Order,* we authorize Intelsat LLC (Intelsat) to modify its
    license for the INTELSAT 709 satellite and operate the satellite at
    the 85.15º E.L. orbital location,[^1] subject to conditions listed
    below. We find that the grant of this modification application will
    serve the public interest by enabling Intelsat to respond to growing
    customer demands.

# BACKGROUND

2.  On August 8, 2001, the Commission granted Intelsat authority to
    operate 17 in-orbit C-band and Ku-band satellites then-owned and
    operated by the International Telecommunications Satellite
    Organization (INTELSAT).[^2] The Commission also granted Intelsat
    authority to construct, launch, and operate 10 satellites planned by
    INTELSAT.

3.  Intelsat was originally licensed to operate the INTELSAT 709
    satellite in the C-band and Ku-band at the 50.0º W.L. orbital
    location.[^3] Pursuant to a previous modification authorization,
    Intelsat was granted authority to relocate the INTELSAT 709
    satellite from 50.0º W.L. to 55.35º W.L. and to continue operating
    at that location.[^4] On January 31, 2003, Intelsat filed a
    subsequent request to modify the license for the INTELSAT 709
    satellite. Intelsat requested authority to relocate the INTELSAT 709
    satellite from the 55.35º W.L. orbital location to the 85.15º E.L
    orbital location and to operate at that location.[^5] This
    application was placed on public notice on March 18, 2003.[^6] No
    comments or oppositions were filed in response to Intelsat's
    request. On May 15, 2003, Intelsat was granted Special Temporary
    Authority ("STA") to drift the INTELSAT 709 satellite from 55.35º
    W.L. to 85.15º E.L.[^7] Intelsat currently continues to drift the
    INTELSAT 709 satellite to the 85.15º E.L. orbital location.[^8] For
    the reasons discussed below, we grant Intelsat's request to modify
    the license for the INTELSAT 709 satellite and authorize Intelsat to
    operate the satellite at the 85.15º E.L. location, subject to
    conditions listed below.

    **DISCUSSION**

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1.  In its modification application, Intelsat states that the Commission
    has traditionally permitted licensees to relocate satellites in
    order to provide the licensees the flexibility to adjust to changed
    circumstances and best serve customer needs, provided that there are
    no compelling countervailing public interest considerations.[^9]
    Intelsat further argues that the proposed modification will serve
    the public interest by enabling Intelsat to respond to growing
    customer needs, as well as ensure continuity of service to existing
    customers.[^10]

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4.  We also note that it is Commission policy to accommodate licensees
    by granting requests to rearrange satellites among orbit locations
    assigned to that licensee when the relocation will not cause
    unacceptable interference to adjacent satellites.[^11] Intelsat
    admits that Russia's Statsionar-3 satellite currently also operates
    in the C-band, specifically in the 3400 MHz -- 3900 MHz and 5725 MHz
    -- 6225 MHz frequency bands.[^12] Consequently, some of the
    frequencies that Intelsat proposes to operate the INTELSAT 709
    satellite on in the C-band, overlap with those utilized by the
    Statsionar-3 satellite. The overlapping C-band frequencies are 3700
    MHz -- 3900 MHz (downlink) and 5925 MHz -- 6225 MHz (uplink).[^13]
    Both the Russian satellite operator and Intelsat are in continuing
    negotiations to complete this coordination. In order to ensure that
    the operations of the INTELSAT 709 satellite do not cause
    unacceptable interference into the overlapping C-band operations of
    the Statsionar-3 satellite, until the coordination agreement is
    completed, Intelsat agrees to operate the INTELSAT 709 satellite at
    85.15º E.L. under the following conditions, which have been proposed
    by the Russian satellite operator:[^14]

-   In the uplink, (5925 MHz-6225 MHz) using Right-Hand Circular
    Polarization ("RHCP") only, subject to a maximum Equivalent
    Isotropic Radiated Power ("E.I.R.P.") spectral density level of -
    12.7 dBW/Hz, referenced to the peak of the Statsionar-3 receive
    beam.[^15]

-   In the downlink (3700 MHz-3900 MHz), using the Left-Hand Circular
    Polarization ("LHCP") only, subject to a maximum E.I.R.P. spectral
    density level of - 58.4 dBW/Hz.[^16]

    We conclude that the operation of the overlapping frequencies on the
    C-band transponders of the INTELSAT 709 satellite at 85.15º E.L.,
    with the operational parameters provided by Intelsat, will not cause
    unacceptable interference to Russia's Statsionar-3 satellite. We
    also note here that these conditions will not apply to Intelsat's
    operations in the non-overlapping C-band frequencies, with Russia's
    Statsionar-3 satellite, i.e. 3900 MHz -- 4200 MHz (downlink) and
    6225 MHz -- 6425 MHz (uplink) and the Ku-band frequencies on the
    INTELSAT 709 satellite.[^17]

5.  With respect to the Ku-band, we authorize Intelsat to operate the
    INTELSAT 709 satellite in the 10.95 GHz -- 11.2 GHz, 11.45 GHz --
    11.7 GHz, 12.5 GHz -- 12.75 GHz and 14.0 GHz-- 14.5 GHz frequency
    bands. We note that the Ku-band transponder on the INTELSAT 709
    satellite also includes the 11.7 GHz -- 11.95 GHz frequency band.
    Since this band is not allocated to FSS in ITU Regions 1 and 3,[^18]
    we do not authorize Intelsat to operate the INTELSAT 709 satellite
    at the 85.15º E.L. location in the 11.7 GHz -- 11.95 GHz frequency
    band.

    **ORDERING CLAUSES**

6.  Accordingly, IT IS ORDERED that, Intelsat's request to modify the
    license for the INTELSAT 709 satellite to relocate the satellite to
    the 85.15º E.L. location and to operate at that location, File No.
    SAT-MOD-20030131-00029 IS GRANTED, subject to the conditions below.

7.  Intelsat is authorized to operate the INTELSAT 709 satellite in the
    C-band frequencies, 3700 MHz -- 3900 MHz and 5925 MHz -- 6225 MHz at
    the 85.15º E.L. orbital location subject to the following
    conditions:

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a)  Intelsat shall operate in the uplink (5925 MHz-6225 MHz) using RHCP
    only, subject to a maximum E.I.R.P. spectral density level of - 12.7
    dBW/Hz, referenced to the peak of the Statsionar-3 receive beam.

b)  Intelsat shall operate in the downlink (3700 MHz-3900 MHz), using
    LHCP only, subject to a maximum E.I.R.P. spectral density level of -
    58.4 dBW/Hz.

c)  In the event that the United States and Russia agree to improve
    these conditions, the above conditions shall no longer be valid and
    Intelsat will conduct its overlapping C-band operations at the
    85.15º E.L. location in accordance with the improved conditions.

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8.  IT IS FURTHER ORDERED that Intelsat LLC is authorized to operate the
    10.95 GHz -- 11.2 GHz, 11.45 GHz -- 11.7 GHz, 12.5 GHz -- 12.75 GHz
    and 14.0 GHz-- 14.5 GHz frequency bands on the Ku-band transponders
    and the non-overlapping frequencies, 3900 MHz -- 4200 MHz (downlink)
    and 6225 MHz -- 6425 MHz (uplink), on the C-band transponders on the
    INTELSAT 709 satellite subject to the same terms and conditions set
    forth in the *INTELSAT LLC Orders*, 15 FCC Rcd 15460, *recon.
    denied,* 15 FCC Rcd 25234 (2000), *further proceedings,* 16 FCC Rcd
    12280 (2001).

9.  IT IS FURTHER ORDERED that Intelsat LLC will prepare any necessary
    submissions to the International Telecommunication Union (ITU) and
    to affected administrations for the completion of the appropriate
    coordination and notification obligations for these space stations
    in accordance with the ITU Radio Regulations. We also remind all
    licensees that no protection from interference caused by radio
    stations authorized by other Administrations is guaranteed unless
    coordination procedures are timely completed or, with respect to
    individual administrations, by successfully completing coordination
    agreements. Any radio station authorization for which coordination
    has not been completed may be subject to additional terms and
    conditions as required to effect coordination of the frequency
    assignments of other Administrations, 47 C.F.R. § 25.111(b).

10. IT IS FURTHER ORDERED that Intelsat LLC is afforded 30 days from the
    date of the release of this order and authorization to decline this
    authorization as conditioned. Failure to respond within that period
    will constitute formal acceptance of the authorization as
    conditioned.

11. This Order is issued pursuant to Section 0.261 of the Commission's
    Rules, 47 C.F.R. §0.261, and is effective upon release. Petitions
    for reconsideration under Section 1.106 or applications for review
    under Section 1.115 of the Commission's rules, 47 C.F.R. §§ 1.106
    and 1.115, may be filed within 30 days of the date of public notice
    of this Order (*see* 47 C.F.R. § 1.4(b)(2)).

    FEDERAL COMMUNICATIONS COMMISSION

    Thomas S. Tycz

    Chief

    Satellite Division

[^1]: We note that Intelsat was originally licensed to operate at the
    85.0º E.L. orbital location. However today we authorize Intelsat to
    locate the INTELSAT 709 satellite at 85.15º E.L. rather than 85.0º
    E.L. due to coordination issues with adjacent foreign satellites.

[^2]: *See Intelsat LLC Application of Intelsat LLC for Authority to
    Operate, and to Further Construct, Launch, and Operate C-band and
    Ku-band Satellites that Form a Global Communications System in
    Geostationary Orbit,* Memorandum Opinion Order and Authorization, 15
    FCC Rcd 15460, *recon. denied,* 15 FCC Rcd 25234 (2000), *further
    proceedings,* 16 FCC Rcd 12280 (2001) (*Intelsat LLC Orders*).
    Intelsat LLC is a U.S. corporation created by INTELSAT for the
    purpose of owning and operating INTELSAT's C-band and Ku-band
    satellites upon INTELSAT's privatization. INTELSAT privatized on
    July 18, 2001. For the INTELSAT 709 satellite, the term "C-band"
    refers here to the 3700 - 4200 MHz and 5925 - 6425 MHz frequency
    bands; the term "Ku-band" refers to the 10.95 - 11.2 GHz, 11.45 --
    11.7 GHz, 12.5 -- 12.75 GHz and 14.0 - 14.5 GHz frequency bands.

[^3]: *See Intelsat LLC Orders* at Appendix A, Table 1.

[^4]: *Application of Intelsat LLC to Modify Authorization to Operate,
    and to Further Construct, Launch, and Operate C-band and Ku-band
    Satellites that Form a Global Communications System in Geostationary
    Orbit*, File No. SAT-MOD-20020418-00065 (Filed April 18, 2003)
    (stamp grant from Jennifer Gilsenan, Chief, Policy Branch, provided
    on October 2, 2002, with attached conditions).

[^5]: *Application of Intelsat LLC to Modify Authorization to Operate,
    and to Further Construct, Launch, and Operate C-band and Ku-band
    Satellites that Form a Global Communications System in Geostationary
    Orbit*, File No. SAT-MOD-20030131-00029 (January 31, 2003)
    ("Intelsat Modification Application").

[^6]: *See* Public Notice, Report No. SAT-00140 (rel. March 18, 2003).

[^7]: *See Request for Special Temporary Authority for INTELSAT 709*,
    File No. SAT-STA- 20030507-00087, (stamp grant from Jennifer
    Gilsenan, Chief, Policy Branch to Jennifer Hindin, Counsel for
    Intelsat LLC, Wiley, Rein & Fielding LLP, provided on May 15, 2003,
    with conditions).

[^8]: *See Request for Extension of Special Temporary Authority for
    INTELSAT 709*, File No. SAT-STA-20030611-00102 (stamp grant from
    Jennifer Gilsenan, Chief, Policy Branch to Jennifer Hindin, Counsel
    for Intelsat LLC, Wiley, Rein & Fielding LLP, provided on June 17,
    2003, with conditions).

[^9]: Intelsat Modification Application at 4, *citing AMSC Subsidiary
    Corporation*, 13 FCC Rcd 12316, 12318 (1998) (Order and
    Authorization).

[^10]: Intelsat Modification Application at 4.

[^11]: *See Comsat General Corporation, Modification of Authorization to
    Operate Space Station in the Mobile Satellite Service*, Order and
    Authorization, 15 FCC Rcd 18776 (Int'l Bur., Sat, and Rad. Div.,
    2000).

[^12]: *See* Letter from Patrick J. Cerra, Vice President, Intelsat LLC,
    to Marlene H. Dortch, Secretary, FCC (dated July 18, 2003) (Intelsat
    Modification Application Supplement). Russia's Statsionar-3
    satellite does not operate in the Ku-band.

[^13]: Intelsat seeks authorization to operate the INTELSAT 709
    satellite in the C-band. The C-band included the overlapping
    frequencies, 3700 MHz -- 3900 MHz (downlink) and 5925 MHz -- 6225
    MHz (uplink), as well as non-overlapping frequencies, 3900 MHz --
    4200 MHz (downlink) and 6225 MHz -- 6425 MHz (uplink).

[^14]: *See* Intelsat Modification Application Supplement at 1.

[^15]: *See Id.*

[^16]: *See Id.*

[^17]: In granting this authorization, we recognize that Intelsat has
    not had a satellite operating at the 85º E.L. orbit location since
    it moved its INTELSAT 705 satellite from this location on January
    23, 2002. Section 25.161(c) of the Commission's rules states that a
    station authorization shall be automatically terminated when a
    facility is removed and renders the station not operational for more
    than 90 days. 47 C.F.R. §25.161(c). Because Intelsat's authorization
    did not, however, require it to place a satellite at 85º E.L. until
    August 31, 2003, and Intelsat is not claiming that it met this
    requirement with the INTELSAT 705 satellite, we find that Section
    25.161 (c) does not apply here. Moreover, Intelsat's authorization
    noted that if Intelsat does not operate a satellite at the 85º E.L.
    location in accordance with International Telecommunication Union
    (ITU) procedures, the location would revert to the ITU and would not
    be reassigned to another U.S. licensee. Intelsat has met all ITU
    requirements.

[^18]: Article 5 ITU Radio Regulations (2001).