**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

PANAMSAT LICENSEE CORP. ) File Nos: SAT-MOD-19980928-00078

) SAT-AMD-19990222-00024

) . SAT-AMD-20020326-00055

Application for Modification of ) SAT-STA-20020705-00097

Authority to Operate the PAS-5 ) SAT-AMD-20051116-00220 

Satellite at the166 degrees E.L. )

Orbital Location ) Call Sign: S2460

.

**ORDER AND AUTHORIZATION**

Adopted: January 4, 2006 Released: January 4, 2006

By the Deputy Chief, Satellite Division, International Bureau:

# INTRODUCTION

1.  By this Order, we modify PanAmSat Licensee Corp.'s ("PanAmSat")
    existing license to reflect the as-built capacity of its in-orbit
    PAS-5 satellite at the 166 E.L. orbital location. Accordingly, we
    authorize PanAmSat to provide Fixed Satellite Service ("FSS") using
    the 12.25-12.75 GHz, 14.0-14.5 GHz, 3700-4200 MHz, and 5925-6425 MHz
    frequency bands at the 166 E.L. orbital location. In doing so, we
    also grant PanAmSat's request for waiver of the United States Table
    of Frequency Allocations ("Table of Allocations") [^1] to permit it
    to use the 12.25-12.75 GHz frequency band for FSS in International
    Telecommunication Union ("ITU") Region 2.[^2] Our action here
    permits PanAmSat to make maximum use of its PAS-5 satellite and
    provide customers with increased service options. Finally, we
    determine that because the PAS-5 satellite is not capable of
    operating in the 11.45-11.7 GHz frequency band, PanAmSat's authority
    to operate in this frequency band at the 166° E.L. orbital location
    is null and void by the terms of its authorization and our rules.
    Accordingly, the 11.45-11.7 GHz frequency band at the 166° E.L.
    orbital location is now available for reassignment to other
    applicants.

# BACKGROUND

2.  In August 1998, we authorized PanAmSat to launch and operate its
    PAS-5 satellite at the 166 E.L. orbital location to provide FSS
    using the 3700-4200 MHz, 5925-6425 MHz, 11.45-11.7 GHz, and
    14.0-14.5 GHz frequency bands.[^3] Prior to launch of the satellite,
    but after grant of the license, PanAmSat filed an amendment to its
    application to reflect certain technical specifications not included
    in its original application, but incorporated into the satellite
    as-built.[^4] Specifically, in its amendment PanAmSat requests
    authority to: (1) operate in the 12.25-12.7 GHz frequency band
    ("space-to-Earth") rather than the 11.45-11.7 GHz frequency band for
    which PanAmSat was initially authorized;[^5] and (2) reconfigure the
    12.25-12.7 GHz frequency downlink beams to include coverage, at very
    low equivalent isotropically radiated power ("e.i.r.p.") levels, of
    Hawaii and the west coast of the United States.

3.  In its amendment, PanAmSat indicated it made the change to the
    12.25-12.7 GHz frequency band to avoid terrestrial interference to
    PanAmSat's earth stations due to the widespread use of the
    11.45-11.7 GHz frequency band for terrestrial distribution in many
    Pacific Rim countries.[^6] PanAmSat states that the design change
    will ensure that its Napa Valley, California Teleport will be
    capable of monitoring the Ku-band downlink signals in the PAS-5
    satellite's three Asian beams. As a result, PanAmSat states it will
    be better able to assess degradation due to transmission,
    meteorological occurrences, or other unplanned events.[^7] Further,
    as originally planned, the satellite was intended to have three
    beams that would provide coverage of the United States and its
    Possessions ("US&P"). Due to a discrepancy in the construction of
    the satellite, however, two of the beams ("Southeast Asia Beam and
    the Northeast Asia Beam") were no longer capable of providing
    downlink coverage over US&P.[^8] Consequently, only the Australia
    Beam covers the US&P under its temporary authorization grant.

4.  On December 14, 1998, we granted PanAmSat temporary authority to
    operate the "Australia Beam" on its PAS-5 satellite in the
    12.25-12.7 GHz frequency band at the 166° E.L. orbital location on a
    non-harmful interference basis.[^9] On March 23, 2000, PanAmSat
    filed to renew its temporary authorization and requested a waiver of
    the Table of Allocations to use the 12.7-12.75 GHz frequency band to
    transmit in the space-to-Earth direction. The 12.7-12.75 GHz
    frequency band is allocated in ITU Region 2 to the FSS in the
    Earth-to-space direction.[^10] We renewed PanAmSat's temporary
    authorization with the additional 12.7-12.75 GHz frequency band and
    conditioned it on PAS-5 not causing harmful interference to
    authorized users operating in accordance with the Table of
    Allocations,[^11] and on PanAmSat accepting interference from these
    authorized users.[^12]

5.  On March 26, 2002, PanAmSat filed an amendment to its PAS-5
    modification application, requesting authority to downlink the
    Australia Beam at its Napa Valley earth station for commercial
    purposes in addition to monitoring the satellite.[^13] On April 4,
    2002, PanAmSat filed a request for special temporary authority to
    modify its existing temporary authorization to downlink the
    Australia beam at its Napa Valley earth station for commercial
    purposes.[^14] We granted PanAmSat the request for temporary
    authority on May 31, 2002.[^15] PanAmSat continues operating PAS-5
    pursuant to its original authorization, as modified by the temporary
    authority granted.[^16]

# DISCUSSION

6.  In this Order, we conclude that, subject to the conditions set forth
    herein, grant of the license modification, as amended, and waiver
    request sought by PanAmSat will serve the public interest. The
    authority sought by PanAmSat here will conform its license to the
    as-built technical parameters of the satellite. Further, PanAmSat
    has been operating its satellite consistent with these parameters
    pursuant to the temporary authorization granted and no interference
    has been reported.[^17]

7.  ***Operations in the 12.25-12.7 GHz Frequency Band in ITU Region
    3*.** PanAmSat requests that its license be modified to permit it to
    operate in the 12.25-12.7 GHz downlink band instead of the
    11.45-11.7 GHz frequency band for which it was originally
    authorized.[^18] The PAS-5 satellite operates in the 12.25-12.7 GHz
    frequency band primarily in ITU Region 3,[^19] which includes
    Australia, pursuant to temporary authority. The downlink portion of
    the Australia beam, however, is capable of being received at very
    low e.i.r.p. on the West Coast of the United States and in Hawaii.
    According to PanAmSat, operating in the 12.25-12.7 GHz frequency
    band will allow it to avoid the 11.45-11.7 GHz frequency band which
    is widely used for terrestrial distribution in many Pacific Rim
    countries.[^20]

8.  The Australia beam operates in the 12.25-12.75 GHz frequency band.
    In ITU Region 3, the 12.25-12.5 GHz portion of this band is
    allocated on a primary basis to FSS, Fixed Service ("FS"), Mobile
    Service (except aeronautical mobile) ("MS"), and Broadcasting
    Service ("BS").[^21] In addition, the 12.5-12.7 GHz portion of this
    band is allocated on a primary basis to FS, FSS, MS, and
    Broadcast-Satellite Service ("BSS") in ITU Region 3. We modify the
    PAS-5 license to permit it to downlink in the 12.25-12.7 GHz
    frequency band in Region 3. We expect PanAmSat to continue to
    coordinate its operations in ITU Region 3 with these co-primary
    services and to obtain all necessary authorizations from each
    country which it seeks to serve before beginning service to that
    country.

9.  ***Operations in the 12.25-12.7 GHz Frequency Band in ITU Region
    2*.** In ITU Region 2, which includes the United States, the
    12.25-12.7 GHz frequency band is allocated on a primary basis to BSS
    and FS. There is no allocation for FSS in this band in ITU Region 2.
    Therefore, PanAmSat's use of this band in ITU Region 2 for FSS
    requires a waiver of the Table of Allocations. Section 1.3 of the
    Commission's rules authorizes the Commission to waive its rules for
    "good cause shown."[^22] 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.[^23] 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.[^24] In
    considering a request for non-conforming spectrum uses, the
    Commission has indicated that it would generally grant such waivers
    "when there is little potential for interference into any service
    authorized under the Table of Allocations and when the
    non-conforming operator accepts any interference from authorized
    services."[^25]

10. In granting PanAmSat temporary authority to operate its PAS-5
    satellite in the 12.25-12.7 GHz frequency band in ITU Region 2, we
    found little potential for interference to services authorized under
    the Table of Allocations and conditioned the temporary authorization
    on PanAmSat not causing any harmful interference to authorized users
    operating in accordance with the Table of Allocations and accepting
    any interference from authorized users.[^26] With respect to primary
    FS operations, we relied on the power flux-density ("pfd") limits
    for space stations transmitting in the 12.25-12.7 GHz frequency
    band, which are codified in Section 25.208(b) of the Commission's
    rules, to provide the basis for operating on a non-harmful
    interference basis with respect to primary FS operations. Nothing in
    this Order changes this, and thus licensees of fixed stations
    operating in the 12.25-12.7 GHz frequency bands will continue to be
    protected to the same level as they currently enjoy.

11. With respect to BSS operations, the ITU Region 2 BSS Plan, set forth
    in Appendix 30 of the ITU's Radio Regulations, is fashioned so that
    satellites using the same bands with the same coverage area should
    be separated by at least nine degrees in orbit, if using the same
    e.i.r.p., to avoid interference. In authorizing PanAmSat temporary
    authorization to operate, we noted that the BSS Plan prohibits any
    BSS satellite in ITU Region 2 from occupying an orbital position
    further west than 175.2° W.L.[^27] Since PAS-5 is separated from the
    nearest BSS assignment in the ITU Region 2 BSS Plan by 18.8
    degrees,[^28] more than twice this minimum separation,[^29] we found
    little likelihood that PAS-5 would interfere with any current or
    future BSS user. Further, there have been no reported cases of
    interference to either FS or BSS operations from PAS-5's operations.
    Accordingly, we will authorize PAS-5 to continue to operate in the
    12.25-12.7 GHz frequency band in ITU Region 2 on a non-harmful
    interference basis. We expect PanAmSat to continue to coordinate its
    operations in ITU Region 2 with these co-primary services and to
    obtain all necessary authorizations from each country which it seeks
    to serve before beginning service to that country. Consequently, we
    condition this grant on PAS-5 not causing any harmful interference
    to authorized users who are operating in accordance with the Table
    of Allocations in ITU Region 2. PanAmSat must also accept
    interference from such authorized users.

12. ***PanAmSat's Use of the 12.7-12.75 GHz Frequency Band in ITU Region
    2.*** The 12.7-12.75 GHz frequency band is allocated in ITU Region
    2, which includes the United States, in the Earth-to-space direction
    in the Table of Allocations.[^30] PanAmSat requests a waiver of the
    Table of Allocations to permit it to use the 12.7-12.75 GHz
    frequency band in the space-to-Earth direction instead of the
    Earth-to-space direction. As previously stated, the Commission may
    grant a waiver for good cause shown if the relief requested would
    not undermine the policy objective of the rule in question and would
    otherwise serve the public interest.[^31] Grant of PanAmSat's
    request would not undermine the policy objective of the rule because
    the Commission has granted similar requests where it found no risk
    of harmful interference and that the public interest would be
    served.[^32] In granting PanAmSat temporary authority to operate
    using this frequency band in the space-to-Earth direction, we found
    that PanAmSat's use of the 12.7-12.75 GHz frequency band in the
    space-to-Earth direction presented no risk of harmful interference
    to terrestrial services because of the large satellite antenna
    isolation and the orbital spacing between PAS-5 and other
    satellites.[^33] Nevertheless, we conditioned PanAmSat's use of this
    frequency band on it not causing harmful interference nor claiming
    protection from television pickup stations and Cable Television
    Relay Stations ("CARS") or any other users in the band operating in
    accordance with the Table of Allocations.[^34] In light of
    PanAmSat's operations of its PAS-5 satellite without any record of
    interference to authorized users, in the context of its modification
    request, we grant PanAmSat a waiver of the Table of Allocations to
    permit it to use the 12.7-12.75 GHz frequency band in the
    space-to-Earth direction in ITU Region 2. Similarly, we condition
    this grant on PAS-5 not causing harmful interference nor claiming
    protection from television pickup stations, CARS or any other users
    in the band operating in accordance with the Table of Allocations.

13. ***Commercial Use of the Australia Beam in the United States.***
    PanAmSat also requests that it be granted permanent authority to use
    the downlinked Australia beam at Napa Valley Teleport for commercial
    purposes in addition to monitoring. PanAmSat states that commercial
    use will not affect the technical characteristics of the Australia
    beam or its impact on BSS or terrestrial users in the limited
    portions of the United States included within the beam.[^35]
    PanAmSat asserts that granting it commercial authority will improve
    service to the public by establishing connectivity between Australia
    and the Napa Valley earth station and make more efficient use of the
    spectrum.[^36]

14. We find that no additional risk of harmful interference is presented
    by PanAmSat's proposal to add commercial authority.[^37] Use of
    these signals for commercial purposes will not affect the technical
    characteristics of PanAmSat's current signal. In addition, grant of
    commercial authority will enable PanAmSat to improve service to the
    public, adding connectivity between Australia and the United States
    that PanAmSat could not offer previously. This connectivity will
    make it possible for PanAmSat's customers to add a U.S. receive
    point to their Australian networks and services, thereby improving
    spectrum efficiency. Absent this connectivity, the customers would
    have to use duplicate facilities, such as a second satellite link,
    in order to reach the United States.

15. Although we conclude that there is little potential for interference
    with other services resulting from PAS-5's operations, we
    nonetheless require that PanAmSat not cause harmful interference to
    licensees operating in accordance with the Table of Allocations and
    that it cease all operations immediately upon notification of
    harmful interference to other services. We also require that
    PanAmSat accept interference from any service authorized to operate
    in the 12.25-12.7 GHz frequency band in ITU Region 2 in accordance
    with the Table of Allocations.[^38]

16. ***Orbital Debris Mitigation.*** We note that on November 16, 2005,
    PanAmSat filed an amendment to provide an Orbital Debris Mitigation
    Plan for PAS-5.[^39] We conclude that the plan presented by PanAmSat
    for the PAS-5 space station demonstrates its operation raises no
    public interest concerns related to orbital debris.[^40]

17. ***Cancellation of 11.45-11.7 GHz Frequency Band Authority***.
    Although PanAmSat was originally granted authority to operate its
    PAS-5 satellite at 166 E.L. in the 11.45-11.7 GHz frequency band, it
    never brought those frequencies into use. As a result, the authority
    to operate on those frequency bands at the166 E.L. orbital location
    is null and void by the terms of PanAmSat's authorization and our
    rules.[^41] Accordingly, the 11.45-11.7 GHz frequency band at the
    166 E.L. orbital location is now available for reassignment to other
    applicants.

# ORDERING CLAUSES

18. IT IS ORDERED that PanAmSat\'s application IBFS File Nos.
    SAT-MOD-19980928-0078, as amended by SAT-AMD-19990222-00024 and
    SAT-AMD-20020326-00055, SAT-AMD-20051116-00220, IS GRANTED and
    PanAmSat's authorization for PAS-5, granted in *PanAmSat Licensee
    Corp*., 14 FCC Rcd 2719 (1998), IS MODIFIED to allow PanAmSat to
    operate its PAS-5 satellite at 166 E.L. using the 12.25-12.75 GHz,
    14.0-14.5 GHz, 3700-4200 MHz and 5925-6425 MHz frequency bands in
    accordance with terms, conditions, and technical specifications set
    forth in its modification application, as amended, and this Order.

19. IT IS FURTHER ORDERED that the authority originally granted for
    PanAmSat to operate its PAS-5 satellite at 166 E.L. in the
    11.45-11.7 GHz frequency band IS NULL and VOID and the 11.45-11.7
    GHz frequency band at the 166° E.L. orbital location is now
    available for reassignment to other applicants.

20. IT IS FURTHER ORDERED that PanAmSat's use of the 12.25-12.75 GHz
    frequency band in ITU Region 2 for monitoring and commercial use of
    the downlink portion of the Australia beam shall be limited to a
    single earth station in Napa, California.

21. IT IS FURTHER ORDERED that PanAmSat's use of the 12.25-12.75
    frequency band in ITU Region 2 shall not cause any harmful
    interference to authorized users operating in accordance with the
    U.S. Table of Frequency Allocations in the 12.25-12.75 GHz frequency
    band and shall accept any interference from authorized users.

22. IT IS FURTHER ORDERED that, in the event of harmful interference
    resulting from PanAmSat's use of the 12.25-12.75 GHz frequency band
    in ITU Region 2, PanAmSat shall immediately cease these operations
    in that band.

23. IT IS FURTHER ORDERED that PanAmSat is granted a waiver of the U.S.
    Table of Frequency Allocations to permit it to use the 12.7-12.75
    GHz frequency band in ITU Region 2 in the space-to-Earth direction.
    In accordance with the U.S. Table of Frequency Allocations, Footnote
    NG53, PanAmSat Licensee Corp.\'s use of the 12.7-12.75 GHz frequency
    band is on a non-harmful interference basis. PanAmSat must accept
    and not cause interference to existing television pickup stations
    and Cable Television Relay Station ("CARS") band users or any other
    users in the band operating in accordance with the U.S. Table of
    Frequency Allocations. If PanAmSat precludes the establishment of a
    new CARS link due to interference from, or to, PanAmSat\'s downlink
    in the 12.7-12.75 GHz frequency band, PanAmSat shall vacate the
    band.

24. IT IS FURTHER ORDERED that the license term for the PAS-5 satellite
    is fifteen years from January 1, 1999, the date PanAmSat certified
    to the Commission that the satellite had been successfully placed
    into orbit and that its operation fully conformed to the terms and
    conditions of its authorization.

25. IT IS FURTHER ORDERED that all other terms and conditions contained
    in PanAmSat's initial authorization, *PanAmSat Licensee Corp*., 14
    FCC Rcd 2719 (1998), remain the same. PanAmSat's STA to operate the
    satellite consistent with the technical parameters set forth in the
    Modification application as amended, IBFS File No.
    SAT-STA-20020705-00097, IS GRANTED to the extent provided herein and
    otherwise DISMISSED AS MOOT.

26. 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 adoption.

> FEDERAL COMMUNICATIONS COMMISSION

Fern J. Jarmulnek

Deputy Chief

Satellite Division

 

 

[^1]: 47 C.F.R. § 2.106.

[^2]: ITU Region 2 includes North, Central, and South America. *See* 47
    C.F.R. § 2.104 (b)(3) for a detailed description of ITU Region 2.

[^3]: *PanAmSat Licensee Corp*., 14 FCC Rcd 2719 (1998). Corporate
    owners of PanAmSat and its subsidiaries and Intelsat and its
    subsidiaries have filed a series of applications pursuant to Section
    310(d) of the Communications Act of 1934, as amended, seeking
    Commission approval to transfer control of Commission licenses,
    including PAS-5, held by two subsidiaries of PanAmSat to Intelsat.
    *S**ee* Public Notice, DA-05-2715, IB Docket No. 05-290 (Oct. 14,
    2005).

[^4]: PanAmSat Licensee Corp., IBFS File No. SAT-MOD-19980928-00078. The
    application was placed on public notice on November 16, 1998 (Report
    No. SAT-0003). Although styled as an amendment because launch and
    operation authority was granted in August 1998, we treat the
    November 16, 1998 filing as a request for modification of PanAmSat's
    authorization.

[^5]: Although initially authorized in the STA to operate in the
    12.25-12.5 GHz frequency band, we later clarified that PanAmSat's
    authorization for PAS-5 included the 12.25-12.7 GHz frequency band.
    *See* Letter from Joseph A. Godles, Attorney for PanAmSat Licensee
    Corp. to FCC (IBFS File No. SAT-STA-19990928-00079) (March 23,
    2000). *See also* Letter from Thomas S. Tycz, Chief, Satellite and
    Radiocommunication Division to Joseph A. Godles, Attorney for
    PanAmSat Licensee Corp. (September 6, 2000).

[^6]: Modification Application at 1.

[^7]: Modification Application at 2.

[^8]: Amendment to Modification Application at 2.

[^9]: Letter from Thomas S. Tycz, Chief, Satellite and
    Radiocommunication Division to Joseph A. Godles, Attorney for
    PanAmSat Corp. (December 14, 1998)(granting IBFS File No.
    SAT-STA-19980928-00079).

[^10]: Letter from Joseph A. Godles, Attorney for PanAmSat Licensee
    Corp. to FCC (File No. SAT-STA-19990928-00079) (March 23, 2000).

[^11]: 47 C.F.R. § 2.106.

[^12]: Letter from Tom Tycz, Chief, Satellite and Radiocommunication
    Division to Joseph A. Godles, Attorney for PanAmSat Licensee Corp.
    (September 6, 2000)(granting temporary authority in IBFS File No.
    SAT-STA-19990928-00079).

[^13]: *See* PanAmSat Licensee Corp., IBFS File No.
    SAT-AMD-20020326-00055. The application was placed on public notice
    on April 23, 2002. (Report No. SAT-00108).

[^14]: *See* Letter from Joseph A. Godles, Attorney for PanAmSat
    Licensee Corp. to Marlene H. Dortch, Secretary, FCC (April 4, 2002).

[^15]: Letter from Fern J. Jarmulnek, Deputy Chief, Satellite Division
    to Joseph A. Godles, Attorney for PanAmSat Corp. (May 31, 2002)
    (IBFS File No. SAT-STA-20020404-00046).

[^16]: PanAmSat timely filed for a renewal of its STA in July 2002 (IBFS
    File No. SAT-STA-0705-00097). *See* 47 C.F.R. § 1.62; In re Kay, 17
    FCC Rcd 5951 (2002).

[^17]: ITU Region 2 includes North, Central and South America. *See* 47
    C.F.R. § 2.104 (b)(3) for a detailed description of ITU Region 2.

[^18]: *See* footnote 4, *supra*.

[^19]: ITU Region 3 includes Southern Asia, Australia, New Zealand, and
    some Pacific Islands. *See* 47 C.F.R. § 2.104 (b)(3) for a detailed
    description of ITU Region 3.

[^20]: Modification Application at 1.

[^21]: 47 C.F.R. § 2.106.

[^22]: *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*).

[^23]: *See Northeast Cellular*, 897 F.2d at 1166.

[^24]: *See WAIT Radio*, 418 F.2d at 1157.

[^25]: Fugro-Chance, Inc., Application for Blanket Authority to
    Construct and Operate a Private Network of Receive-Only Mobile Earth
    Stations, *Order and Authorization*, 10 FCC Rcd 2860 (para. 2)
    (1995) (authorizing non-conforming mobile-satellite service in the
    C-band). *See also* Motorola Satellite Communications, Inc.,
    Application for Modification of License, *Order and Authorization*,
    11 FCC Rcd 13952, 13956 (para. 11) (1996) (authorizing service to
    fixed terminals in bands allocated to the mobile-satellite service).

[^26]: Letter from Thomas S. Tycz, Chief, Satellite and
    Radiocommunication Division to Joseph A. Godles, Attorney for
    PanAmSat Licensee Corp. (September 6, 2000).

[^27]: *See* Annex 7 to ITU Appendix 30, Section A (2).

[^28]: *See* PAS-5 STA at 2-3. The nearest Region 2 BSS satellite
    assignment to PAS-5's 166° E.L. orbital location is at 184.8° E.L.
    (175.2° W.L.).

[^29]: *See* PAS-5 STA at 3.

[^30]: 47 C.F.R. § 2.106.

[^31]: *See* footnotes 22 and 24 *supra*.

[^32]: *See* Intelsat LLC, *Order and Authorization*, 19 FCC Rcd 2775
    (2004)(authorizing use of the 12.7-12.75 GHz frequency band in the
    space-to-Earth direction to provide service to Central and South
    America). *See also* Loral Orion Services, *Order and
    Authorization*, 14 FCC Rcd 4636 (1999)(authorizing use of the
    12.7-12.75 GHz frequency band for FSS downlink at Kapolei, Hawaii
    earth station).

[^33]: *See* footnote 12 *supra*.

[^34]: *See* 47 C.F.R. § 74.602(d). *See also* Footnotes NG53 and NG118
    to the U.S. Table of Frequency Allocations, 47 C.F.R. § 2.106.

[^35]: PanAmSat Licensee Corp., IBFS File No. SAT-AMD-20020326-00055,
    p.1 of Narrative.

[^36]: *See* Modification Application at 1.

[^37]: PanAmSat also received temporary authority to use the downlink
    beam for commercial service in connection with the 2000 Olympic
    Games in Sydney, Australia. *See* letter from Thomas S. Tycz, Chief,
    Satellite and Radiocommunication Division, FCC to Joseph A. Godles,
    Attorney for PanAmSat (IBFS File No. SAT-STA-20000324-00074,
    September 6, 2000).

[^38]: We note that the Commission has made an allocation and adopted
    service rules for Non-Geostationary Satellite Orbit ("NGSO") FSS
    operations in the 12.25-12.7 GHz frequency band. *See* The
    Establishment of Policies and Service Rules for the
    Non-Geostationary Satellite Orbit, Fixed Satellite Service in the
    Ku-band, IB Docket No. 01-96, *Report and Order*, FCC 02-123
    (released Apr. 26, 2002). PanAmSat will have to accept interference
    from all future authorized NGSO FSS users in the band.

[^39]: IBFS File No. SAT-AMD-20051116-00220. 

[^40]: All applications that were pending as of October 19, 2005 and
    were subject to the information requirements of Section 25.114 of
    the Commission\'s rules were required to file an Orbital Debris
    Mitigation Disclosure Plan by November 18, 2005.  *See*
    International Bureau Satellite Division Information, Disclosure of
    Orbital Debris Mitigation Plans, Including Amendment of Pending
    Applications, *Public Notice*, DA 05-2698 (rel. Oct. 13, 2005). 

     

[^41]: Amendment of the Commission\'s Space Station Licensing Rules and
    Policies, *First Report and Order*, IB Docket No. 02-34, 18 FCC Rcd
    10760, 10827 ¶ 173 (2003); *citing PanAmSat Ka-Band License
    Revocation Review Order*, 16 FCC Rcd at 11537-38 (para. 12), *citing
    Nexsat Order*, 7 FCC Rcd at 1991 (para. 8); *MCI Order*, 2 FCC Rcd
    at 233 (para. 5); *First Columbia Milestone Order*, 15 FCC Rcd at
    15571 (para. 11); 47 C.F.R. § 25.161.