**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | File No.                     |
|                                  | *) | SAT-MOD-20060901-00095       |
| INTELSAT NORTH AMERICA, LLC      | ** |                              |
|                                  |    | SAT-STA-20060901-00094       |
| Application to Modify License    | *  |                              |
| for the INTELSAT 709 satellite   | *) | SAT-STA-20061101-00127       |
| to include Fixed- Satellite      | ** |                              |
| Service in the 11.7-11.95 GHz    |    | Call Sign: S2396             |
| Frequency Band                   | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+
|                                  |    |                              |
+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: July 6, 2007 Released: July 6, 2007**

By the Deputy Chief, Satellite Division, International Bureau:

**I. INTRODUCTION**

1\. By this *Order*, we grant Intelsat North America LLC's (Intelsat
North America's) request to modify its license for the INTELSAT 709
satellite to allow it to provide fixed satellite service (FSS) in the
Middle East in the 11.7-11.95 GHz frequency band from the 85.15º E.L
orbital location. There is no international frequency allocation for
such FSS operations, and, therefore, this authorization will be limited
to operations on a non-harmful interference basis. We find that this
action will allow Intelsat North America to meet a need for additional
satellite capacity in support of U.S. Government operations in the
Middle East.

**II. BACKGROUND**

2.  For the purpose of frequency allocation, the International
    Telecommunication Union (ITU) has divided the world into three
    Regions. ITU Region 1 includes Europe, Africa, territories of the
    former U.S.S.R. in Asia, as well as portions of the Arctic, Atlantic
    and Pacific Oceans. ITU Region 2 includes North and South America.
    ITU Region 3 includes Southern Asia, Australia, New Zealand, and
    some Pacific Islands.[^1] The ITU Table of Allocations for Region 2
    includes a primary allocation to the FSS (space-to-Earth) in the
    11.7-11.95 GHz frequency band. In contrast, the ITU Table of
    Allocations for Regions 1 and 3 does not include an FSS allocation
    and instead allocates this spectrum on a co-primary basis to the
    fixed service (FS), broadcasting service (BS), broadcasting
    satellite service (BSS) and the mobile service (MS), excluding
    aeronautical mobile service (AMS).[^2]

3.  Since 2003, the INTELSAT 709 satellite has been authorized to
    provide service to ITU Regions 1 and 3 from the 85.15º E.L. orbital
    location using the following frequencies: 3700 - 4200 MHz, 5925 -
    6425 MHz, 10.95 - 11.2 GHz, 11.45 - 11.7 GHz, 12.5 - 12.75 GHz and
    14.0 - 14.5 GHz.[^3] In July 2006, we granted Intelsat North America
    Special Temporary Authority (STA) to operate INTELSAT 709 in the
    11.7-11.95 GHz band at the 85.15º E.L. orbital location on a
    non-harmful interference basis, to enable it to provide satellite
    service to U.S. government earth stations.[^4] Intelsat North
    America continues to operate in this band pursuant to STA.[^5]

4.  In September 2006, Intelsat North America filed a request to modify
    the INTELSAT 709 space station license to provide service in the
    11.7-11.95 GHz frequency band on a non-harmful interference
    basis.[^6] In its modification request, Intelsat North America
    indicates that its proposed use of the 11.7-11.95 GHz band in Region
    1 and 3 does not conform to the ITU Table of Frequency Allocations.
    Intelsat North America therefore seeks a waiver of Sections 2.106
    (U.S. Table of Allocations), 25.112(a)(3) (applications considered
    defective if it requests authority for operations not allocated
    under the ITU Radio Regulations), and 25.140(b)(2) (requirement to
    provide a "2 degree" interference analysis) of the Commission's
    rules.[^7] The modification application was placed on Public
    Notice[^8] and no comments were filed.

    **III. DISCUSSION**

5.  For the reasons discussed below, we grant Intelsat North America's
    modification request and authorize Intelsat North America to operate
    the INTELSAT 709 in the 11.7-11.95 GHz frequency band, on a
    non-harmful interference basis, at the 85.15º E.L. location, subject
    to conditions listed below.

6.  *Waiver requests*. Section 1.3 of the Commission's rules authorizes
    the Commission to waive its rules for "good cause shown."[^9] Waiver
    is appropriate only if special circumstances warrant a deviation
    from the general rule and such deviation would better serve the
    public interest than would strict adherence to the general
    rule.[^10] Generally, the Commission may grant a waiver of its rules
    in a particular case only if the relief requested would not
    undermine the policy objective of the rule in question and would
    otherwise serve the public interest.[^11]

7.  Intelsat North America's first request is to waive Section 2.106 of
    the Commission's rules. We conclude that no waiver is necessary.
    Section 2.106 sets forth the U.S. Table of Allocations and includes,
    for informational purposes only,[^12] the ITU Table of Frequency
    Allocations. Because INTELSAT 709 will not offer service in the
    United States, Section 2.106 is not applicable and a waiver is
    therefore not required.[^13]

8.  Intelsat North America also seeks a waiver of Section 25.112(a)(3)
    of the Commission's rules. This rule provides that an application is
    defective if it requests authority to operate a space station in a
    frequency band that is not allocated internationally for such
    operation under the ITU Radio Regulations. This rule was adopted in
    the *First Space Station Licensing Reform Order.*[^14] The
    Commission adopted this rule to prevent applicants from filing
    applications that would serve as mere "placeholders" for future
    service, while the applicant pursued changes to the ITU Radio
    Regulations necessary to permit that service.

9.  In this instance, we find Intelsat North America has justified its
    waiver request. We conclude that Intelsat North America's
    application is not the type of placeholder application the rule was
    designed to prevent. Intelsat North America seeks to use the band
    immediately with a currently operational satellite. Granting this
    waiver as conditioned would allow Intelsat North America to fully
    utilize available unused capacity on INTELSAT 709 and allow it to
    meet the immediate operations needs of a U.S. Government customer in
    the Middle East.

10. Further, Intelsat North America's proposed non-harmful interference
    use of the spectrum is consistent with Section 4.4 of the ITU Radio
    Regulations. Specifically, Section 4.4 of the ITU Radio Regulations
    states that "Administrations of Member States shall not assign to a
    station any frequency in derogation of the Table of Frequency
    Allocations in this Chapter or other provisions of these
    Regulations, except on the express condition that such a station,
    when using such a frequency assignment, shall not cause harmful
    interference to, and shall not claim protection from harmful
    interference caused by, a station operating in accordance with the
    provisions of the Constitution, the Convention and these
    Regulations."[^15] We specifically condition Intelsat North
    America's authorization to operate INTELSAT 709 consistent with
    Section 4.4. Based upon information provided in Intelsat North
    America's application, and the conditions imposed in this Order, we
    conclude that Intelsat North America will be able to operate the
    satellite on a non-harmful interference basis. Footnote 5.492 of the
    ITU Table of Frequency Allocations allows BSS Plan frequency
    assignments in the 11.7-11.95 GHz band to be used for FSS
    transmissions provided that the operator meets the interference
    criteria specified in Appendix 30 of the ITU Radio Regulations,
    which is intended to protect the FS operations in this band.[^16]
    Intelsat North America submitted information to indicate that its
    proposed operations in the 11.7-11.95 GHz band will be within the
    limits required to protect FS.[^17] Additionally, we require
    Intelsat North America's operations to meet the BSS PFD limits
    specified in the ITU Radio Regulations, to protect co-frequency MS
    and FS operators.[^18] Finally, Intelsat North America notes there
    are no existing operational BSS satellites within 9 degrees of the
    85.15º E.L. orbital location.[^19] Accordingly, we conclude that
    Intelsat North America's proposed operations in the 11.7-11.95 GHz
    band in Regions 1 and 3 are consistent with Section 4.4 of the ITU
    Radio Regulations.

11. Finally, Intelsat North America requests a waiver of Section
    25.140(b)(2) of the Commission's rules. We find that Intelsat North
    America has made the appropriate showing to grant this request.
    Section 25.140(b)(2) of the Commission's rules requires FSS
    applicants to provide an interference analysis to demonstrate
    compliance with the Commission's two-degree spacing policy. Because
    the 11.7-11.95 GHz band is assigned to the BSS in Regions 1 and 3,
    Intelsat North America has provided an analysis of the interference
    environment within a +/- 9 degree arc as is customary for BSS
    satellites in this band. This analysis was provided in lieu of a
    two-degree spacing interference analysis. In light of the
    international allocation of this band to BSS in Regions 1 and 3, we
    find that Intelsat North America's interference analysis for
    operations at 85.15º E.L orbital location satisfies the purpose of
    the rule.

12. Finally, we emphasize that granting this authority does not provide
    Intelsat North America with any authority to operate another
    satellite at the 85.15º E.L orbital location in the 11.7-11.95 GHz
    frequency band. Moreover, it does not give Intelsat North America
    any priority in the U.S. application-processing queue[^20] relative
    to a future application for authority to operate such a satellite.

**IV. CONCLUSION**

13. Under the circumstances presented, we find that a grant of Intelsat
    North America's application to modify its license and operate the
    INTELSAT 709 satellite in the 11.7-11.95 GHz frequency band, in ITU
    Regions 1 and 3, will not cause harmful interference to services
    operating in conformance with the ITU Table of Frequency Allocations
    and will serve the public interest.

**V. ORDERING CLAUSES**

14. Accordingly, IT IS ORDERED that Intelsat North America's
    Application, File No. SAT-MOD-20060901-00095, to modify its space
    station authorization (Call Sign: S2396) for the INTELSAT 709
    satellite to allow the provision of fixed-satellite service at the
    85.15º E.L orbital location on a non-harmful interference basis in
    ITU Regions 1 and 3 in the 11.7-11.95 GHz frequency band and request
    for waivers of Sections 25.112(a)(3) and 25.140(b)(2), IS GRANTED.

15. IT IS FURTHER ORDERED that Intelsat North America's Applications for
    request of extension of Special Temporary Authority, File Nos.
    SAT-STA-20060901-00094 and SAT-STA-20061101-00127 ARE GRANTED to the
    extent necessary, subject to the terms and conditions specified in
    IBFS File No. SAT-STA-20060630-00073 and otherwise ARE DISMISSED AS
    MOOT.

16. IT IS FURTHER ORDERED that Intelsat North America's operations of
    the 11.7-11.95 GHz frequency band shall be on a non-harmful
    interference basis, *i.e.*, Intelsat North America shall not cause
    harmful interference to, and shall not claim protection from
    interference caused to it by, any other lawfully operating
    radiocommunication services, including the fixed service,
    broadcasting service, broadcasting satellite service, and the mobile
    service.

17. IT IS FURTHER ORDERED that grant of this modification request does
    not provide Intelsat North America with any authority to operate
    another satellite at the at the 85.15º E.L orbital location in the
    11.7-11.95 GHz frequency band or any priority in the U.S.
    application-processing queue relative to future applications for
    authority to operate a satellite at this orbital position in
    the11.7-11.95 GHz frequency band.

18. IT IS FURTHERED ORDERED that in the event of any harmful
    interference does occur, Intelsat North America shall cease
    operations immediately upon notification of such interference and
    shall inform the FCC in writing immediately of such an event.

19. IT IS FURTHERED ORDERED that this authorization does not grant
    Intelsat North America any authority for earth station operations.
    Any such operations will need to be authorized pursuant to the
    applicable laws, regulations, rules and licensing procedures for the
    government of the country or governments of the countries to which
    such operations are subject.

20. IT IS FURTHER ORDERED that Intelsat North America shall prepare any
    necessary submissions to the ITU for the completion of the
    appropriate notification obligations for these frequency assignments
    in accordance with the ITU Radio Regulations, indicating their
    operation in accordance with Article 4.4.

21. IT IS FURTHER ORDERED that the power flux density of emissions in
    the 11.7-11.95 GHz band at the Earth's surface shall not exceed the
    following limits in a reference bandwidth of 1 MHz:

> For angles of arrival of 0-5° above the horizontal plane, -124
> dB(W/m²);
>
> For angles of arrival of 5-25° above the horizontal plane, -124 +
> 0.5(δ-5)dB(W/m²), where δ is the angle of arrival;
>
> For angles of arrival of 25-90° above the horizontal plane, -114
> dB(W/m²).

22. This Order is issued pursuant to Section 0.261 of the Commission's
    rules on delegated authority, 47 C.F.R. § 0.261, and is effective
    upon release.

FEDERAL COMMUNICATIONS COMMISSION

Cassandra C. Thomas

Deputy Chief

Satellite Division

[^1]: Section 2.104 of the Commission's rules provides a detailed
    description of the ITU Regions along with a map of the world with
    designations of respective ITU Regions. 47 C.F.R. § 2.104.

[^2]: 47 C.F.R. § 2.106.

[^3]: *See* Application of Intelsat LLC for Authority to Operate, and to
    Further Construct, Launch, and Operate C-band and Ku-band Satellites
    that Form a Global Communications System in Geostationary Orbit*,
    Memorandum Opinion Order and Authorization*, 15 FCC Rcd 15460, at
    Appendix A, Table 1, *recon. denied,* 15 FCC Rcd 25234 (2000),
    *further proceedings,* 16 FCC Rcd 12280 (2001) (*Intelsat LLC
    Orders*)*. See also* Application of Intelsat LLC for Authority to
    Operate, and to Further Construct, Launch, and Operate C-band and
    Ku-band Satellites that Form a Global Communications System in
    Geostationary Orbit, Volume II, Annex 1 at 11-12 (submitted January
    18, 2000), File Nos. SAT-LOA-20000119-00019 to
    SAT-LOA-20000119-00028 (requesting authorization only for Region 2).
    Intelsat LLC, Application of Intelsat LLC to Modify Authorization to
    Operate, and to Further Construct, Launch, and Operate C-band and
    Ku-band Satellites that Form a Global Communications System in
    Geostationary Orbit, File No. SAT-MOD-20020418-00065, (grant stamped
    with conditions on October 2, 2002).

[^4]: Intelsat North America, LLC, Request for Special Temporary
    Authority for INTELSAT 709, File No. SAT-STA-20060630-00073, DA No.
    06-1412 (stamp grant with conditions, by Cassandra Thomas, Deputy
    Chief, Satellite Division, on July 10, 2006). *See also* Intelsat
    North America, LLC, Request for Special Temporary Authority for
    INTELSAT 709, File No. SAT-STA-2006901-00094 and Intelsat North
    America, LLC, ("September 1, 2006 STA Extension Request"); Request
    for Special Temporary Authority for INTELSAT 709, File No.
    SAT-STA-20061101-00127. ("November 1, 2006 STA Extension Request").

[^5]: The September 1, 2006 and November 1, 2006 STA Extension requests
    sought continuation of operations authorized in File No.
    SAT-STA-20060630-00073, DA No. 06-1412. The INTELSAT 709 satellite
    operated during the requested period pursuant to Section 1.62 of the
    Commission's rules, subject to the conditions specified in the
    original authorization. 47 C.F.R. §1.62 (a)(1).

[^6]: Intelsat North America, LLC, Application to Modify Authorization
    for INTELSAT 709 to Allow the Provision of Fixed-Satellite Service
    on a Non-Interference Basis in Regions 1 and 3 in the 11.7-11.95 GHz
    Band, File No. SAT-MOD-20060901-00095 (filed September 1, 2006)
    (INTELSAT 709 Application). Pursuant to the *Intelsat 709 August
    2003 Order,* Intelsat North America has already been authorized to
    operate the corresponding Earth-to-space 14.0-14.25 GHz frequency
    band. *Intelsat 709 August 2003 Order,* 18 FCC Rcd 16414, 16417.

[^7]: INTELSAT 709 Application at 3-4.

[^8]: *See* Policy Branch Information, Acceptable for Filing Public
    Notice, Report No. SAT-00396 (rel. October 20, 2006).

[^9]: *See* Section 1.3 of the Commission's rules, 47 C.F.R. §1.3. *See
    also* *WAIT Radio v. FCC*, 418 F.2d 1153 (D.C. Cir. 1969) (*WAIT
    Radio*); *Northeast Cellular Tel. Co. v. FCC*, 897 F.2d 1166 (D.C.
    Cir. 1990) (*Northeast Cellular*).

[^10]: *Northeast Cellular*, 897 F.2d at 1166.

[^11]: *WAIT Radio*, 418 F.2d at 1157.

[^12]: Section 2.104(a) of the Commission's rules specifically states
    that inclusion of the ITU Table of Frequency Allocations is included
    for informational purposes only. 47 C.F.R. § 2.104(a).

[^13]: Application of Intelsat LLC to Modify Authorization for INTELSAT
    805 to Allow the Provision of Fixed-Satellite Service Between
    Non-U.S. Points in the 12.7-12.75 GHz Frequency Band, *Order and
    Authorization,* 19 FCC Rcd 2775, 2777-78 ¶ 8 (2004) (holding that a
    waiver of Section 2.106 is not required "because the United States
    Table of Frequency Allocations applies only to operations in the
    United States and the insular areas listed in Section 2.105 (a)
    footnotes, 2, 3, and 4...\[The\] service area in which Intelsat
    seeks to operate does not include jurisdiction of the United States
    or its possessions, therefore a waiver of Section 2.106 is not
    required."). SES AMERICOM, INC., Application for Modification of
    Satcom SN-4 Fixed Satellite Space Station License, *Order and
    Authorization*, 05-1812 (rel. June 28, 2005).

[^14]: Amendment of the Commission\'s Space Station Licensing Rules and
    Policies, [*First Report and Order and Further Notice of Proposed
    Rulemaking in IB Docket No. 02-34, and First Report and Order in IB
    Docket No. 02-54*, 18 FCC Rcd 10760, 10809 ¶¶ 122-124
    (2003)](http://web2.westlaw.com/find/default.wl?rs=WLW7.04&serialnum=2003358547&fn=_top&sv=Split&tc=-1&findtype=Y&tf=-1&db=4493&vr=2.0&rp=%2Ffind%2Fdefault.wl&mt=FederalGovernment)
    (*Space Station Licensing Reform Order*) (adopting a processing
    queue for space station applications). The Commission stated that it
    would, however, consider applications filed after the ITU adopts an
    international frequency allocation but before the Commission adopted
    a domestic allocation. *Space Station Licensing Reform Order,* 18
    FCC Rcd 10760, 10809 ¶ 124. The Commission stated that we would
    consider such applications only on a non-conforming, non-harmful
    interference basis to facilities operating consistent with the Table
    of Frequency Allocations. In addition, the Commission held that
    parties seeking authority to operate on a non-conforming basis must
    request a waiver of Section 2.106 of the Commission\'s rules, and
    must demonstrate good cause for that waiver.

[^15]: ITU Radio Regulations, Art. 4.4 (2004).

[^16]: INTELSAT 709 Application at 7. *See also* 47 CFR § 2.106 n. 5.492
    ("Assignments to stations of the broadcasting-satellite service
    which are in conformity with the appropriate region Plan or included
    in the Regions 1 and 3 List in Appendix 30 may also be used for
    transmissions in the fixed-satellite service (space-to-Earth),
    provided that such transmissions do not cause more interference, or
    require more protection from interference, than the
    broadcasting-satellite service transmissions operating conformity
    with the Plan or the List, as appropriate.")

[^17]: INTELSAT 709 Application at 7.

[^18]: ITU Radio Regulations, Art. 20, Section V, Table 21-4.

[^19]: INTELSAT 709 Technical Exhibit at 6-7.

[^20]: *Space Station Licensing Reform Order*, 18 FCC Rcd 10760, 10809.