# Before the

# FEDERAL COMMUNICATIONS COMMISSION

# Washington, D.C. 20554

)

In the Matter of )

)

Star One S.A. )

)

Petition for Declaratory Ruling to Add ) File No. SAT-PPL-20031230-00367

The Star One C1 Satellite at 65° W.L. ) Call Sign S2611

To the Permitted Space Station List )

**ORDER**

Adopted: August 23, 2004 Released: August 24, 2004

By the Chief, Satellite Division, International Bureau:

**I. INTRODUCTION**

1.  In this Order, we grant the Star One S.A. ("Star One") petition for
    declaratory ruling to add the Star One C1 satellite, which is
    licensed by Brazil and is to be located at the 65° W.L. orbital
    location, to the Commission's Permitted Space Station List
    ("Permitted List") subject to the conditions contained in this
    order. As a result of this action, earth stations with "routine"
    technical parameters will be able to communicate with Star One C1 in
    the conventional C and Ku-bands[^1] as soon as Star One C1 becomes
    operational. Placing Star One C1 on the Permitted List should
    stimulate competition in the United States by providing consumers
    more alternatives in choosing communications providers and services.

**II. BACKGROUND**

2.  In 1997 in the *DISCO II Order*,[^2] the Commission, among other
    things, implemented the satellite market-opening commitments made by
    the United States in the World Trade Organization Agreement on Basic
    Telecommunications Services (WTO Basic Telecom Agreement).[^3]
    Subsequently, in the *DISCO II First Reconsideration Order*, the
    Commission adopted a new procedure by which the operators of
    in-orbit non-U.S. satellites could request to serve the U.S. market.
    Under this process, operators of non-U.S. satellites seeking to
    serve the U.S. market in the conventional C- and Ku-bands may file a
    petition to be added to the "Permitted List."[^4] This list
    identifies all satellites and services with which U.S. earth
    stations with routinely-authorized technical parameters (known as
    \"ALSAT\" earth stations) are permitted to communicate without
    additional Commission action, provided that those communications
    fall within the same technical parameters and conditions established
    in the earth stations\' original licenses.[^5] The Permitted List is
    maintained on the Commission's website, and is also available via
    fax or e-mail.[^6]

3.  On December 30, 2003, Star One S.A., which holds the license for
    Star One C1, filed a petition for declaratory ruling requesting us
    to add Star One C1 to the Permitted List.[^7] Comision Nacional De
    Telecomunicaciones (CONATEL), the Venezuelan regulator, acting in
    its role as the International Telecommunication Union (ITU)
    notifying Administration for the inter-governmental organization La
    Asociación de Empresas de Telecomunicaciones de la Comunidad Andina
    (ASETA) filed comments.[^8] CONATEL informs us that ASETA plans to
    implement a satellite at 67^o^ W.L., two degrees away from the Star
    One C1 satellite at 65^o^ W.L., with C-band coverage over North
    America and South America.[^9]

    **III. DISCUSSION**

    **A. General Framework**

4.  In *DISCO II*, the Commission set forth the public interest analysis
    applicable in evaluating applications to use non-U.S. licensed space
    stations to provide satellite service in the United States. This
    analysis considers the effect on competition in the United
    States,[^10] eligibility and operating (*e.g.*, technical)
    requirements,[^11] spectrum availability,[^12] and national
    security, law enforcement, foreign policy, and trade concerns.[^13]
    We evaluate the Star One S.A. request under this framework.

    **B. Competition Considerations**

5.  In *DISCO II*, the Commission established a rebuttable presumption
    that entry by non-U.S. satellites licensed by WTO Members to provide
    services covered by the U.S. commitments under the WTO Basic Telecom
    Agreement will further competition in the United States.[^14] These
    commitments include fixed-satellite service, but specifically
    exclude direct-to-home (DTH) services, Direct Broadcast Satellite
    Service (DBS), and Digital Audio Radio Service (DARS).[^15] This
    means that we will presume that WTO-member licensed satellites
    providing WTO-covered services satisfy the competition component of
    the public interest analysis. The Commission concluded that the
    market access commitments made under the WTO Basic Telecom Agreement
    will help ensure the presence and advancement of competition in the
    satellite services market and yield the benefits of a competitive
    marketplace to consumers in the United States and other
    countries.[^16]

6.  In this case, the presumption in favor of entry applies to Star One
    C1, which is licensed by Brazil, a WTO Member,[^17] and which will
    provide non-DTH fixed-satellite service to customers in the United
    States. There is no evidence to rebut the proposition that Star One
    C1's entry into the U.S. market is pro-competitive. Therefore, we
    conclude that Star One C1's proposed entry for purposes of offering
    fixed-satellite services, excluding DTH, DBS, and DARS, will enhance
    competition for these services in the U.S. market. As a condition on
    Star One C1's placement on the Permitted List, however, we prohibit
    U.S. earth stations from accessing Star One C1 for DTH, DBS, or
    DARS.

    **C. Eligibility Requirements**

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a.  **[Legal Qualifications]{.underline}**

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7.  In *DISCO II*, the Commission stated it would require non-U.S. space
    station operators to meet the same technical, legal, and financial
    qualifications that U.S.-licensed space station operators must meet
    to obtain a license.[^18] Nothing in the record suggests that Star
    One S.A. is not legally qualified to provide service to the United
    States using its Star One C1 satellite.

> **b. [Technical Qualifications]{.underline}**

8.  The Commission\'s satellite licensing policy is predicated upon
    two-degree orbital spacing between geostationary satellites.[^19]
    This policy permits the maximum use of the geostationary satellite
    orbit.[^20] All space stations, including non-U.S. satellites
    seeking to serve the U.S. market, must comply with the Commission\'s
    technical requirements, designed to permit two-degree orbital
    spacing, before being authorized to provide service in the United
    States.[^21] The Commission may license satellites that are not
    two-degree compliant (or earth stations seeking to access such), but
    only when the applicants can demonstrate that their operations will
    cause no harmful interference to existing compliant satellite
    operations. Further, non-conforming operations are authorized
    conditioned upon a licensee accommodating future satellite networks
    serving the United States that are two-degree compliant.[^22]

9.  Based on our review of the technical information Star One S.A.
    submitted, we conclude that Star One C1 complies with all applicable
    Commission rules, except Sections 25.210(a)(3), and 25.210(i).[^23]
    Star One requests that we grant waivers of each of these
    requirements.[^24] We note that none of these instances involves the
    potential for interference to other satellites. We discuss Star
    One's waiver requests below.

    i\. Switchable Polarization

10. Section 25.210(a)(3)[^25] requires that all space stations in the
    Fixed-Satellite Service used for domestic service in the C-band
    shall be capable of switching polarization sense upon ground
    command. Star One claims its C-band communications payload is based
    on the previous Brasilsat series design where most of the C-band
    transponders on the satellite do not have this switching capability.
    According to Star One the Commission has waived this requirement for
    the ANIK F1[^26] and Brasilsat A2[^27] satellites because those
    satellites successfully coordinated their FM/TV operations, which
    are highly susceptible to interference, with U.S. satellites. Star
    One has not completed coordination of the FM/TV carriers with
    potentially affected U.S. operators, but until such time, Star One
    S.A. states it will not transmit FM/TV transmissions to, from, or
    within the United States.[^28]

11. The Commission may waive its rules when there is "good cause" to do
    so and where waiver would not be inconsistent with the purpose of
    the rule.[^29] The Commission implemented two-degree spacing to
    maximize the number of satellites in orbit.[^30] In doing so, it
    recognized that new technical standards were needed to ensure that
    C-band satellites could operate interference-free in a reduced
    spacing environment.[^31] Co-polarized FM/TV transmissions are
    highly susceptible to causing interference between adjacent
    satellites. To prevent such potential interference, the Commission
    adopted a rule that requires C-band satellites to be capable of
    switching polarity from the ground.[^32] Star One does not propose
    to provide FM/TV services to the U.S. from Star One C1 until such
    operations are coordinated with potentially affected U.S. operators.
    Consequently, Star One's failure to meet our polarity-switching
    capability requirement will not create interference into the
    operations of satellites that conform to our two-degree spacing
    requirements. Under these circumstances, we find that a waiver of
    that polarity-switching rule is warranted here, together with a
    condition on Star One C1's placement on the Permitted List that
    precludes earth stations from transmitting or receiving FM/TV
    signals from the satellite.[^33] If any earth station operator
    decides to provide FM/TV service, a separate modification
    application will be required, which must include a two-degree
    spacing compliance analysis, or an affidavit demonstrating that Star
    One C1 has been coordinated for the specific frequencies used for
    these FM/TVoperations, as specified in Section 25.211(b) of the
    Commission's rules.[^34] Each modification application shall include
    an analysis showing that such analog television operations do not
    exceed the power flux density (PFD) limits prescribed by Section
    25.208(a) of the Commission's rules.[^35]

    ii\. Cross-Polarization Isolation

12. Section 25.210(i)[^36] requires space station antennas in the
    Fixed-Satellite Service to provide cross-polarization isolation such
    that the ratio of the on axis co-polarization gain to the
    cross-polarization gain of the antenna in the assigned frequency
    band shall be at least 30 dB within its primary coverage area. Star
    One claims that the cross-polarization isolation of the Star One C1
    satellite's antenna will comply with the 30 dB minimum isolation
    over 80% of the satellite's coverage area, but the isolation of the
    C-band BSAC antenna and the Ku-band MCRK antenna[^37] will be as low
    as 27-28 dB in the remaining 20 % of the coverage area (typically at
    the edge of coverage).[^38] Star One claims that this deviation from
    the minimum isolation ratio will not cause harmful interference to
    any U.S. licensed satellite networks because the deviation is
    typically at the beam edges, is outside the Star One C1 satellite's
    "primary coverage area" and there are no U.S. licensed satellites
    within two degrees of 65º W.L. Star One also notes that coordination
    agreements between Star One and potentially affected U.S. satellite
    operators will ensure that this cross-polarization deviation does
    not affect U.S. licensed satellites. Star One contends that the
    Commission has waived this requirement for New Skies Satellites N.V.
    for the NSS-7 satellite network where the deviation from the minimum
    was limited to a portion of the coverage area and isolation was
    25-30 dB, with typical isolation better than 27 dB.[^39] We find
    that a waiver is warranted under the same rationale articulated in
    the *New Skies Satellites NSS-7 Order*, where we agreed with New
    Skies that, under similar circumstances to those detailed in the
    Star One C1 satellite petition, the impact on neighboring satellite
    systems of this 3-5dB difference from the required
    cross-polarization isolation ratio would be negligible.[^40]

iii\. Extended Bands

14. We also observe that Star One C1 is capable of operating in the
    extended C and Ku-band frequencies.[^41] The Commission has
    consistently held that, because of interference concerns with other
    services operating in the extended bands, the Permitted List
    includes only the conventional C and Ku-bands.[^42] Consequently, we
    limit the Star One C1's Permitted Space Station List operations to
    the conventional C-band (3700-4200 MHz, 5925-6425 MHz) and
    conventional Ku-band (11.7-12.2 GHz, 14.0-14.5 GHz). Any earth
    station wishing to communicate with Star One C1 using the extended C
    or Ku-band frequencies must file a separate application with the
    Commission which will be considered on a case-by-case basis.

> **c. [Financial Qualifications]{.underline}**

15. In its *First Space Station Licensing Reform Order*, the Commission
    eliminated the financial requirements then in place and replaced
    them with a bond requirement.[^43] Under this new financial
    requirement, any entity awarded a license for a GSO satellite must
    execute a payment bond, payable to the U.S. Treasury, within 30 days
    of the date of the license grant. The bond is payable upon failure
    to meet any implementation milestone in the license, where adequate
    justification for extending that milestone is not provided.[^44]
    Licensees may reduce the amount of the bond upon meeting each
    milestone.[^45] This requirement applies both to U.S.-licensed
    satellites and satellites licensed by other countries that seek to
    serve the U.S. market.[^46] Star One states that it has met two of
    the five implementation milestones \-- executing a satellite
    construction contract and beginning physical construction \-- and
    its bond should be reduced accordingly.[^47] We cannot find that
    Star One has met either of these milestones. First, Star One has not
    provided a copy of its construction contract. Without this
    documentation, which all satellite licensees must submit as evidence
    of meeting this first milestone,[^48] we are unable to determine
    whether or not the contract fulfills our criteria for a
    non-contingent contract as the milestone requires.[^49] Similarly,
    we are not persuaded that Star One has met the commencement of
    physical construction milestone. In the *First Space Station Reform
    Order*, we codified "Critical Design Review" or CDR as the second
    implementation milestone. We defined CDR as the stage in the
    spacecraft implementation at which the design and development phase
    ends and the manufacturing phase begins.[^50] The "commencement of
    physical construction" milestone follows the CDR milestone. Star One
    acknowledges that it has not completed CDR.[^51] Thus, we cannot
    determine that Star One has begun constructing a satellite whose
    design is finalized, as the beginning of construction milestone
    requires. Accordingly, we will require Star One to post a \$3
    million payment bond within 30 days of the date of this order.[^52]
    If Star One does not do so, we will remove Star One from the
    Permitted List.

    **D. Spectrum Availability**

16. In *DISCO II*, the Commission determined that, given the scarcity of
    geostationary-satellite orbit locations and spectrum resources, it
    would consider spectrum availability as a factor in determining
    whether to allow a foreign satellite to serve the United
    States.[^53] This is consistent with the Chairman\'s Note to the
    Basic Telecom Agreement, which states that WTO Members may exercise
    their domestic spectrum/frequency management policies when
    considering foreign entry. Thus, in *DISCO II*, we stated that when
    grant of access would create interference with U.S.-licensed
    systems, we may impose technical constraints on the foreign system's
    operations in the United States or, when conditions cannot remedy
    the interference, deny access.

17. Star One C1 will provide service to the United States from the 65°
    W.L. orbit location. Brazil has filed coordination information with
    the International Telecommunication Union (ITU) for both C- and
    Ku-band at 65° W.L. Star One states that it is authorized by Brazil
    to operate under this ITU filing.[^54] There are no other satellites
    authorized to serve the United States operating in the conventional
    C- and Ku-bands that are located within two degrees of Star One
    C1.[^55] As explained above, Star One has supplied an interference
    analysis demonstrating that its satellite system will be compatible
    with the Commission's two-degree orbital spacing environment.[^56]
    Further, we have found that Star One C1 complies with the
    Commission's two-degree spacing requirements. Consequently, allowing
    Star One C1 to serve the United States from the 65° W.L. orbital
    location will not affect operations of any U.S.-licensed satellites
    nor contravene the Commission\'s spectrum/frequency management
    policies. Further, we acknowledge CONATEL's plan to implement a
    satellite at 67° W.L. CONATEL, however, has not requested access to
    the United States using such a satellite. In any event, as in all
    other orders permitting non-U.S. satellites to serve the United
    States, we require all communications between earth stations in the
    United States and Star One C1 to be in compliance with all satellite
    coordination agreements reached by Brazil and other countries.

    **E. Other Requirements**

18. As described above, under *DISCO II*, national security, law
    enforcement, foreign policy, and trade concerns are included in the
    public interest analysis.[^57] Nothing in the record before us
    raises any such concerns.

**F. Milestones**

19. In its *First Space Station Licensing Reform Order*, the Commission
    adopted generic milestone requirements covering various stages in
    the satellite procurement/licensing process from contract execution
    to launch and operation.[^58] Star One has not demonstrated that it
    has met any of these milestones. Consequently, we impose the full
    set of milestones as follows: Contract execution: August 24, 2005;
    CDR: August 24, 2006; Commence physical construction: August 24,
    2007; Launch: August 24, 2009. We will remove Star One C1 from the
    Permitted List if any of these milestones are not met.

    **IV. ORDERING CLAUSES**

20. Accordingly, IT IS ORDERED that, pursuant to Sections 303(r), 308,
    309, and 310 of the Communications Act of 1934, as amended, 47
    U.S.C. §§ 303(r), 308, 309, 310, and Sections 0.261 and 25.137(c) of
    the Commission\'s rules, 47 C.F.R. §§ 0.261, 25.137(c), the Petition
    for Declaratory Ruling filed by Star One S.A. (File No.
    SAT-PPL-20031230-00367) to Add the Star One C1 Satellite at 65° W.L.
    (S2611) to the Permitted Space Station List is GRANTED and each
    U.S.-licensed earth station with \"ALSAT\" designated as a point of
    communication, IS GRANTED authority to provide Fixed Satellite
    Services (FSS) in the 3700-4200 MHz, 5925-6425 MHz, 11.7-12.2 GHz
    and 14.0-14.5 GHz frequency bands, to, from, or within the United
    States, by accessing the Star One C1 satellite (S2611) at the 65°
    W.L. orbit location, subject to the parameters set forth in its
    earth station license and subject to the following conditions:

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a)  Star One C1 is not authorized to provide any Direct-to-Home (DTH)
    service, Direct Broadcast Satellite (DBS) service, or Digital Audio
    Radio Service (DARS) to, from, or within the United States;

b)  Star One C1 is not authorized to provide any FM/TV service to, from,
    or within the United States;

c)  Communications between ALSAT-designated routine earth stations and
    the Star One C1 satellite shall be in compliance with the satellite
    coordination agreements reached between Brazil and other
    administrations;

d)  Operation of Star One C1 shall be in accordance with the power
    flux-density requirements of 47 C.F.R. § 25.208 of the Commission's
    Rules.

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21. IT IS FURTHER ORDERED that Star One S.A. IS GRANTED a waiver of
    Sections 25.210(a)(3), and 25.210(i) of the Commission\'s rules, 47
    C.F.R. §§ 25.210(a)(3), and 25.210(i), for the purpose of operating
    Star One C1 in the conventional C and Ku-bands.

22. IT IS FURTHER ORDERED that, unless extended by the Commission for
    good cause shown, Star One C1 shall be removed from the Permitted
    Space Station List in the event the space station is not
    constructed, launched, and successfully placed into operation in
    accordance with the technical parameters in its Petition for
    Declaratory Ruling and the terms and conditions of this Order, by
    the following dates:

    a.  Execute a contract for construction: August 24, 2005;

    b.  Complete Critical Design Review: August 24, 2006;

    c.  Commence Physical Construction: August 24, 2007;

    d.  Launch: August 24, 2009 and

    e.  Star One S.A. must file a bond with the Commission in the amount
        of \$3 million, pursuant to the procedures set forth in Public
        Notice, DA 03-2602, 18 FCC Rcd 16283 (2003), no later than
        September 24, 2004.

23. This Order 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
>
> International Bureau

[^1]: For purposes of this Order, the \"conventional C and Ku-bands\"
    denotes the 3700-4200 MHz/5925-6425 MHz and 11.7-12.2 GHz/14.0-14.5
    GHz frequency bands, respectively.

[^2]: *Amendment of the Commission\'s Regulatory Policies to Allow
    Non-U.S. Licensed Satellites Providing Domestic and International
    Service in the United States*, Report and Order, IB Docket No.
    96-111, 12 FCC Rcd 24094, 24174 (para. 186) (1997) ("*DISCO II"* or
    "*DISCO II Order"*).

[^3]: The WTO came into being on January 1, 1995, pursuant to the
    Marrakesh Agreement Establishing the World Trade Organization (The
    Marrakesh Agreement). 33 I.L.M. 1125 (1994). The Marrakesh Agreement
    includes multilateral agreements on trade in goods, services,
    intellectual property, and dispute settlement. The General Agreement
    on Trade in Services (GATS) is Annex 1B of the Marrakesh Agreement.
    33 I.L.M. 1167 (1994). The WTO Telecom Agreement was incorporated
    into the GATS by the Fourth Protocol to the GATS (April 30, 1996),
    36 I.L.M. 354 (1997) (Fourth Protocol to the GATS).

[^4]: Amendment of the Commission\'s Regulatory Policies to Allow
    Non-U.S.-Licensed Space Stations to Provide Domestic and
    International Satellite Service in the United States, First Order on
    Reconsideration, IB Docket No. 96-111, 15 FCC Rcd 7207, 7209-10, 14.
    (paras. 10,16) (1999) ("*DISCO II First Reconsideration Order"*).

[^5]: *DISCO II First Reconsideration Order*, 15 FCC Rcd at 7214-16
    (paras. 16-20).

[^6]: The website is
    [www.fcc.gov/ib/sd/se/permitted.html](http://www.fcc.gov/ib/sd/se/permitted.html).

[^7]: Petition for Declaratory Ruling to Add the Star One C1 Satellite
    at 65° W.L. to the Permitted Space Station List File No.
    SAT-PPL-20031230-00367, S2611, filed December 30, 2003 ("Petition").
    Star One filed additional technical information on April 22, 2004.
    *See* Letter to Marlene H. Dortch, FCC, Office of the Secretary,
    (April 22, 2004) (Star One April 22, 2004 Letter) and Letter to
    Marlene H. Dortch, FCC, Office of the Secretary, (April 27, 2004).
    Star One S.A. is licensed by the Brazilian government to operate the
    Star One C1 satellite at the 65° W.L. orbit location.

[^8]: Letter from Alvin Lezama Pereira, Director General, CONATEL, to
    Jeree Payton, Satellite Division, International Bureau (Feb. 27,
    2004). This letter did not comply with the Commission's filing
    procedures Nevertheless, we will treat this letter as an informal
    comment to the Petition. 47 C.F.R. §§ 25.154(b); 1.41.

[^9]: *Id*.

[^10]: *DISCO II*, 12 FCC Rcd at 24107-56 (paras. 30-145).

[^11]: *DISCO II*, 12 FCC Rcd at 24159-69 (paras. 151-74).

[^12]: *DISCO II*, 12 FCC Rcd at 24157-59 (paras. 146-50).

[^13]: *DISCO II*, 12 FCC Rcd at 24169-72 (paras. 175-82).

[^14]: *DISCO II*, 12 FCC Rcd at 24112 (para. 39).

[^15]: *DISCO II*, 12 FCC Rcd at 24112 (para. 25).

[^16]: *DISCO II*, 12 FCC Rcd at 24112 (para. 39); 24157 (para. 143).

[^17]: *See*
    <http://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm> (a
    list of WTO members); *See also*
    [http://www.wto.org/english/tratop_e/serv_e/telecom_commit_exempt_list_e.htm](http://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm)
    (a list of WTO members that made market-access commitments, with
    links to each member's schedule of commitments and Article II
    exceptions.).

[^18]: *DISCO II*, 12 FCC Rcd at 24161-63 (paras. 154-59).

[^19]: For more information regarding the Commission\'s two-degree
    spacing policy, see, *See* 47 C.F.R. § 25.140; Licensing of Space
    Stations in the Domestic Fixed-Satellite Service and Related
    Revisions of Part 25 of the Rules and Regulations, *Report and
    Order*, CC Docket No. 81-704, FCC 83-184, 54 Rad. Reg. 2d 577
    (released Aug. 16, 1983); *summary printed in* Licensing Space
    Stations in the Domestic Fixed-Satellite Service, 48 F.R. 40233
    (Sept. 6, 1983) (*Two Degree Spacing Order*).

[^20]: *Assignment of Orbital Locations to Space Stations in the
    Domestic Fixed-Satellite Service*, 11 FCC Rcd 13788, 13790 (para. 6)
    (1996). Prior to the Commission\'s adoption of the two-degree
    spacing policy, satellites in the geostationary satellite orbit were
    usually spaced three or four degrees apart. By adopting rules that
    enabled satellite operators to place their space stations two
    degrees apart, the Commission was able to accommodate more
    geostationary satellites.

[^21]: Amendment of the Commission\'s Space Station Licensing Rules and
    Policies, *First Report and Order and Further Notice of Proposed
    Rulemaking*, IB Docket No. 02-34, 18 FCC Rcd 10760 (para. 300)
    (2003) ("*First Space Station Reform Order"*).

[^22]: *See*, *e.g.*, Systematics General Corporation, *Order and
    Authorization*, 2 FCC Rcd 7550, 7550-51 (para. 9) (Com. Car. Bur.
    1987); New Skies Satellites, N.V., *Order and Authorization*, 14 FCC
    Rcd 13003, 13038 (para. 78) (1999).

[^23]: 47 C.F.R. §§ 25.210(a)(3) and (i).

[^24]: Petition at 11-14.

[^25]: 47 C.F.R. § 25.210(a)(3).

[^26]: *See, e.g., Telesat Canada Petition for Declaratory Ruling for
    Inclusion of ANIK F1 on the Permitted Space Station List,* Order, 15
    FCC Rcd. 24828, 24834-35 (paras. 16-17) (2000).

[^27]: *See Empresa Brasileira de Telecomicaçöes S.A., Petition for
    Declaratory Ruling on Access to Brasilsat A2 Satellite via U.S.
    Earth Stations,* Order, 16 FCC Rcd. 655, 659 (para. 10) (2001)
    ("*Brasilsat A2 Order*").

[^28]: *See* Petition at 11-12.

[^29]: 47 C.F.R. §1.3.

[^30]: *Two-Degree Spacing Order.*

[^31]: *Id*. at paras. 33-43.

[^32]: *See In The Matter Of Amendment Of Part 25 Of The Commission\'s
    Rules And Regulations To Reduce Alien Carrier Interference Between
    Fixed-Satellites At Reduced Orbital Spacings And To Revise
    Application Processing Procedures For Satellite Communication
    Services,* Second Report And Order , CC 86-496, RM-4206, 8 FCC Rcd.
    1316,1318 (paras. 10-11) (1993).

[^33]: *See Mabuhay Philippines Satellite Corp*., DA 00-2649, 15 FCC Rcd
    at 23,676-77 (paras. 12-13) (granting a waiver of section 25.210(i)
    and imposing a condition upon grant).

[^34]: 47 C.F.R. § 25.211(b). Section 25.211(b) requires carrier
    frequencies for Ku-band TV/FM transmissions to be identified for
    coordination with adjacent U.S. satellite systems and affected
    satellite systems of other administrations Also, Section 25.211(a),
    47 C.F.R. § 25.211(a), requires C-band analog video transmissions to
    occur at specific center frequencies. Star One states that it has
    not completed coordination with all potentially affected U.S.
    satellite operators and thus it is not certain what center
    frequencies may be used for C-band and Ku-band FM/TV transmissions.
    Star One has agreed to provide such information after completion of
    the coordination with potentially affected U.S. satellite operators
    and request any necessary waivers at that time. See Petition at 13.
    Under these circumstances, we find that Star One's failure to
    identify the center frequencies to be used for C-band and Ku-band
    FM/TV transmissions does not preclude grant of the petition for
    declaratory ruling in this instance as we have already precluded
    this type of transmission. Specifically, as noted above as a
    condition of inclusion on the Permitted List, U.S. licensed earth
    stations are prohibited from transmitting or receiving FM/TV
    transmissions from television signals from the satellite. *See
    Mabuhay Philippines Satellite Corp*., DA 00-2649, 15 FCC Rcd at
    23,676-77 (paras. 12-13) (granting a waiver of section 25.210(i), 47
    C.F.R. § 25.210(i) and imposing a condition upon grant). In addition
    to the points discussed above, this condition will only be lifted
    upon the filing of a modification request that demonstrates
    compliance with the Commission's rules, including section 25.211(a),
    47 C.F.R. § 25.211(a).

[^35]: 47 C.F.R. § 25.208(a).

[^36]: 47 C.F.R. § 25.210(i)

[^37]: BSAC refers to the Brazil South America Beam and MCRK ostensibly
    refers to the Mercosul Regional Beam. Both are names that are given
    to antenna beams that cover certain areas of the Earth.

[^38]: *See* Petition at 12.

[^39]: *See* Petition at 12-13. *See, e.g., New Skies Satellites N.V.
    Petition for Declaratory Ruling for Inclusion of NSS-7 on the
    Permitted Space Station List,* Order, FCC Rcd. 10369, 10376-77
    (para. 19)(2002)("*New Skies Order")*.

[^40]: *New Skies Order*, 17 FCC Rcd. at 10376-77 (para. 19).

[^41]: *See* Petition, Technical Appendix at 1-4. Star One indicates
    that the Star One C1 satellite is capable of operating in the
    extended C-band at 5850--5925 MHZ uplink and 3625--3700 MHz
    downlink; and in the extended Ku-band at 13.75--14.0 GHz uplink and
    10.95--11.2 GHz downlink.

[^42]: *DISCO II First Reconsideration Order*, 15 FCC Rcd at 7210; *See
    also In the Matter of European Telecommunication Satellite
    Organization*, Petition for Declaratory Ruling, File No.
    SAT-PDR-20000214-0059, 15 FCC Rcd 23486, 23487-8 (2000).

[^43]: Amendment of the Commission\'s Space Station Licensing Rules and
    Policies, *First Report and Order and Further Notice of Proposed
    Rulemaking*, IB Docket No. 02-34, 18 FCC Rcd 10760,10826 (para. 170)
    (2003) ("*First Space Station Reform Order"*).

[^44]: *Id*.

[^45]: *Id*. at 10826-27 (para. 172).

[^46]: *Id*. at 10875 (para. 309).

[^47]: Petition at 7.

[^48]: *See* 47 C.F.R. § 25.164(c).

[^49]: *See, e.g.*, Joint Application for Review of Constellation
    Communications Holdings, Inc., Mobile Communications Holdings, Inc.
    and ICO Global Communications (Holdings) Limited, *Memorandum
    Opinion and Order*, FCC 04-131, (released. Jun 24, 2004) at para.
    18.

[^50]: *First Space Station Reform Order*, 18 FCC Rcd at 10833 (para.
    191).

[^51]: Star One April 22, 2004 Letter at unnumbered 2*.*

[^52]: In light of the Commission's recent decision to revise the bond
    amount in the *First Order on Reconsideration and Fifth Report and
    Order*, FCC 04-147 (rel. July 6, 2004) from \$5 million to \$3
    million for a geostationary satellite orbit satellite, we will
    require Star One S.A. to post a \$3 million bond. In the event that
    the revised bond amount has not become effective when Star One's
    bond is due, we waive Section 25.165 of the Commission's rules, 47
    C.F.R § 25.165, to the extent necessary.

[^53]: *DISCO II*, 12 FCC Rcd at 24159 (para. 150).

[^54]: Petition at 7.

[^55]: Star One also states it has held productive coordination
    discussions with U.S. satellite operators and concluded a number of
    coordination agreements. Star One claims it has reached coordination
    agreements with SES Americom regarding the 72º W.L. (C and Ku-band)
    orbital location, with Intelsat regarding all of its satellites (C
    and Ku-band), and with PanAmSat regarding the 74º W.L. (Ku-band)
    orbital location. Star One indicates that coordination discussions
    remain on-going with PanAmSat regarding the 58º W.L. (C and Ku-band)
    and 74º W.L. (C-band) orbital locations, and have not yet commenced
    with Loral Skynet regarding the 69° W.L. orbital location (C and
    Ku-band). Petition at 5.

[^56]: *See Two Degree Spacing Order*, 54 Rad. Reg. 2d 577.

[^57]: *DISCO II*, 12 FCC Rcd at 24170-72 (paras. 178-182).

[^58]: *First Space Station Licensing Reform Order* at 10828 (para 175).
    47 C.F.R. § 25.164(a).