**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+--------------------------------+----+--------------------------------+
| In the Matter of               | *  | File No**.**                   |
|                                | *) | SAT-MOD-20050512-00098         |
| **Intelsat North America,      | ** |                                |
| LLC**                          |    | SAT-STA-20050527-00111         |
|                                | *  |                                |
| Application to Modify the      | *) | Call Sign: S2389               |
| INTELSAT 602 Authorization to  | ** |                                |
| Relocate INTELSAT 602 from the |    |                                |
| 50.5º E.L. Orbital Location to | *  |                                |
| the 150.5º E.L. Orbital        | *) |                                |
| Location                       | ** |                                |
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| Request for Special Temporary  | *  |                                |
| Authority for INTELSAT 602 to  | *) |                                |
| stop drift at the 150.5º E.L.  | ** |                                |
| Orbital Location               |    |                                |
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+--------------------------------+----+--------------------------------+

**ORDER**

**Adopted:** June 29, 2005 **Released:** June 30, 2005

By the Deputy Chief, Satellite Division, International Bureau:

I.  **Introduction**

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1.  By this Order, we grant the request of Intelsat North America[^1]
    ("Intelsat"),[^2] to operate the INTELSAT 602 satellite (Call Sign
    S2389) in the C-band (3625-4198 MHz and 5927-6423 MHz) and Ku-band
    (10.952-11.200, 11.450-11.688, and 14.252-14.488 GHz) frequencies at
    the 150.5º E.L. orbital location on a non-harmful interference basis
    until May 30, 2007. Grant of this application as conditioned below
    will permit Intelsat to make maximum use of existing orbital
    resources and satisfy customer requirements.

**II. Background**

2.  On May 12, 2005, Intelsat filed an application to operate its
    INTELSAT 602 satellite at the 150.5º E.L. orbital location in the
    C-band and Ku-band. This modification request represented a change
    in business plans for Intelsat as it had previously requested and
    been granted authority to move the satellite from the 50.5° E.L. to
    157.0° E.L. orbital location.[^3] On May 27, 2005, Intelsat filed a
    request[^4] to stop the drift of the INTELSAT 602 satellite and hold
    the satellite at the 150.5º E.L. orbital location while the
    modification application was pending before the Commission.

3.  The Administration of Indonesia currently has C- and Ku-band
    International Telecommunications Union (ITU) filings at the 150.5°
    E.L. orbital location.[^5] Intelsat states that PT Indosat
    (Indosat), a private company, has the concession from the
    Administration of Indonesia to operate at the 150.5° E.L. orbital
    location.[^6] Intelsat has entered into a private agreement with
    Indosat to operate the INTELSAT 602 satellite at the 150.5 E.L.
    orbital locations.[^7] On February 8, 2005, Intelsat submitted a
    copy of its agreement with Indosat, subject to a request for
    confidential treatment.[^8]

4.  The application was placed on Public Notice on May 27, 2005.[^9] No
    comments were filed.

**III. Discussion**

5.  We find that the public interest will be served by permitting
    Intelsat to operate the INTELSAT 602 satellite at the 150.5° E.L.
    orbital location, subject to conditions.[^10] Intelsat maintains in
    its application that it will retain full control of the satellite at
    all times and will operate the INTELSAT 602 satellite on a
    non-harmful interference basis.[^11] Additionally, Intelsat states
    that it will operate the satellite using technical parameters
    consistent with coordination agreements the Administration of
    Indonesia reached with other Administrations responsible for
    adjacent satellite networks. In the event of unforeseen harmful
    interference to adjacent networks, Intelsat states that it will take
    immediate action to eliminate the source of such interference.[^12]
    Based upon this record, as explained further below, we do not
    believe that Intelsat's operations at this location will cause
    harmful interference to adjacent satellites.

6.  In its application, Intelsat provides an interference analysis
    reflecting three operational satellites within +/- 3 degrees of the
    150.5° E.L. orbital location.[^13] These satellites included
    MEASAT-2, a C/Ku band satellite located at the 148° E.L. orbital
    location, Optus-B3, a L/Ku-band satellite located at the 152° E.L.
    orbital location, and JCSAT-1B,[^14] a Ku-band satellite located at
    the 150° E.L. orbital location. With respect to MEASAT-2[^15] and
    Optus-B3,[^16] Intelsat acknowledges that the INTELSAT 602 satellite
    will have frequency overlap with both these satellites. According to
    Intelsat, however, the Indonesian Administration has reached
    coordination agreements with the Malaysian and Australian
    Administrations that are consistent with the INTELSAT 602
    satellite's proposed operations, as permitted by Indonesia's
    PALAPA-C4 ITU filings. Intelsat states that it will operate the
    INTELSAT 602 satellite within the coordination constraints agreed to
    by the Indonesian Administration. Intelsat provides these specific
    coordination parameters in its interference analysis.[^17]

7.  With regard to JCSAT-1B, Intelsat acknowledges that the INTELSAT 602
    satellite's uplink frequencies in the 14.25-14.5 GHz band, as
    published in the PALAPA-C4 ITU filings, overlap with the JCSAT-1B
    satellite.[^18] According to Intelsat, the Indonesian Administration
    has not completed coordination with the Japanese Administration for
    these frequencies.[^19] In its interference analysis, however,
    Intelsat proposes specific limits for its INTELSAT 602's Ku-band
    transmissions in order to protect operations of the JCSAT-1B.[^20]
    Additionally, Intelsat maintains that, in the event that Japan
    decides to replace its current satellite at 150° E.L. with another
    satellite with different operational characteristics consistent with
    Japan's ITU filings while the INTELSAT 602 satellite is still in
    operation at 150.5° E.L, Intelsat will adopt alternative limits for
    its Ku-band transmissions at 150.5° E.L., prior to the bringing into
    use of the replacement Japanese satellite. [^21]

8.  We have reviewed the interference analysis Intelsat provides and
    conclude that it demonstrates that the proposed operation of the
    INTELSAT 602 satellite at 150.5° E.L. as described above are
    consistent with authorization on a non-harmful interference basis,
    *i.e.,* Intelsat may neither cause harmful interference to nor claim
    interference protection from other lawfully operating stations.
    Further, if a new satellite were to be launched into an adjacent
    location in the future, the operation of the INTELSAT 602 satellite
    at this location would also be on a non-harmful interference basis
    relative to any new lawfully operating in-orbit satellite.

9.  Intelsat also requests that Part 25 waivers originally granted for
    the INTELSAT 602 satellite in the *2001 Intelsat Licensing Order*
    continue to apply at the 150.5° E.L. location. These waivers include
    the following rule provisions: Sections 25.202(g) (TT&C at band
    edges), 25.210(a)(1) (orthogonal linear polarization), 25.210(a)(3)
    (switching polarization sense upon ground command), 25.210(c)
    (capability to change transponder saturation), 25.210(i) (cross
    polarization isolation), and 25.211(a) (downlink analog video
    transmission in the center frequency).[^22] We grant these waivers
    for the reasons originally articulated in the Commission's *Intelsat
    Licensing Orders.*[^23] In contrast to the *Intelsat Licensing
    Orders*, however, Intelsat's operation of the INTELSAT 602 satellite
    at the 150.5° E.L. orbital location is on a non-harmful interference
    basis.

10. We note that the INTELSAT 602 satellite will operate at a location
    at which the United States has not, at this time, submitted any
    relevant ITU filings. As discussed above, this authorization is
    issued on a non-harmful interference basis.[^24] The United States,
    as the notifying administration for the operations of the INTELSAT
    602 satellite at the 150.5 E.L. orbital location will submit a
    filing pursuant to Article 8 of the ITU Radio Regulations to the
    ITU. This authorization is issued on the understanding that,
    pursuant to Intelsat's agreement with Indosat, operations of the
    INTELSAT 602 satellite will be consistent with parameters agreed to
    in coordination agreements between the Administration of Indonesia
    and other Administrations. We consider the responsibility for both
    compliance, and enforcing compliance, with those agreements to be a
    matter which would arise under private law. Intelsat shall maintain
    full control over the operation of the INTELSAT 602 satellite and
    the United States remains the licensing administration of the
    INTELSAT 602 satellite for purposes of ITU Radio Regulation
    18.1.[^25] Nothing in Intelsat's agreement with Indosat or in any
    license granted to Indosat shall be construed as incorporating the
    INTELSAT 602 satellite into the Indosat satellite system, or
    subjecting the INTELSAT 602 satellite to the licensing authority of
    any administration other than the United States. Further, with
    respect to its filings with the ITU for the 150.5° E.L. orbital
    location, the Administration of Indonesia is not acting pursuant to
    Article 9 of the Radio Regulations on behalf of the United States
    Administration.[^26] The issuance of this authorization should not
    be construed, in any way, as indicating a view as to the status of
    any ITU filings by other Administrations at the 150.5º E.L. orbital
    location, or adjacent locations, or of any coordination agreements
    concerning those locations.

**IV. Ordering Clauses**

11. Accordingly, IT IS ORDERED that Intelsat North America's request,
    File No. SAT-MOD-20050512-00098, to operate the INTELSAT 602
    satellite (Call Sign S2389) at the 150.5º E.L. orbital location IS
    GRANTED and Intelsat North America's license to operate the INTELSAT
    602 satellite IS MODIFIED to specify operations at the 150.5 E.L.
    orbital location until May 30, 2007. Therefore, Intelsat is
    authorized to operate the C-band frequencies (3625-4198 MHz and
    5927-6423 MHz) and Ku-band frequencies (10.952-11,200,
    11,450-11,688, and 14.252-14,488 MHz) aboard the INTELSAT 602
    satellite, on a non-harmful interference basis at the 150.5º E.L.
    orbital location, in accordance with the terms, conditions, and
    technical specifications set forth in its application, this *Order,*
    and the Federal Communications Commission's Rules.

12. IT IS FURTHER ORDERED that Intelsat's operations shall be on a
    non-harmful interference basis, *i.e*., Intelsat shall not cause
    harmful interference to, and shall not claim protection from
    interference caused to it by, any other lawfully operating
    satellites.

13. IT IS FURTHER ORDERED that in the event of any harmful interference
    as a result of Intelsat's operations at the 150.5° E.L. orbital
    location, Intelsat shall cease operations immediately upon
    notification of such interference and shall inform the FCC, in
    writing, immediately of such an event.

14. IT IS FURTHER ORDERED that Intelsat shall inform its customers that
    operations at the 150.5° E.L. orbital location are on a non-harmful
    interference basis and that Intelsat must cease operations upon
    notification of such interference.

15. IT IS FURTHER ORDERED that Intelsat shall maintain full operational
    control of the INTELSAT 602 satellite at all times.

16. IT IS FURTHER ORDERED that this authorization is issued on the
    express understanding that, to the extent Intelsat, pursuant to its
    agreement with Indosat, a private company, will conform its
    operations to the parameters agreed to in coordination agreements
    between the Administration of Indonesia and other Administrations
    responsibility for both compliance with and enforcing compliance
    with those agreements is a matter which would arise under private
    law.

17. IT IS FURTHER ORDERED that this authorization is issued with the
    understanding that this grant is not an approval of any specific
    agreement entered into by Intelsat, its subsidiaries, and
    affiliates, nor of any specific provision of any such agreement,
    concerning operation of the INTELSAT 602 satellite, nor is it an
    approval of an agreement concerning any related matter, nor of any
    specific provision of any such agreement concerning any related
    matter.

18. IT IS FURTHER ORDERED that in connection with the provision of
    service in any particular country, Intelsat is obliged to comply
    with the applicable laws, regulations, rules, and licensing
    procedures of that country.

19. IT IS FURTHER ORDERED that this authorization is issued with the
    understanding that the United States remains the licensing
    administration of the INTELSAT 602 satellite for purposes of ITU
    Radio Regulation 18.1 and that its operations are pursuant to ITU
    Radio Regulation 4.4.

20. IT IS FURTHER ORDERED that this authorization is issued with the
    understanding that with respect to its filings with the ITU for the
    150.5° E.L. orbital location, the Administration of Indonesia is not
    acting pursuant to Article 9 of the Radio Regulations on behalf of
    the United States Administration.

21. IT IS FURTHER ORDERED that this authorization is issued with the
    understanding that this grant does not in any way express a view
    concerning, or agreement as to, the validity or lack of validity of
    any ITU filing at or within the vicinity of the 150.5º E.L. orbital
    location.

22. IT IS FURTHER ORDERED that Intelsat shall prepare and submit to the
    Federal Communications Commission, within fifteen days following
    release of this Order, materials for submission to the ITU, pursuant
    to Article 8.4 of the Radio Regulations, in connection with the
    operations of the INTELSAT 602 spacecraft at the 150.5° E.L. orbital
    location.

23. IT IS FURTHER ORDERED that grant of this modification request does
    not convey to Intelsat any authority to operate a replacement
    satellite at the 150.5° E.L. orbital location or any priority in the
    United States satellite licensing process relative to applications
    for authority to operate a regularly authorized satellite at this
    orbital position.

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

25. IT IS FURTHER ORDERED that Intelsat's request, IBFS File No.
    SAT-STA-20050527-00111, to stop drifting the INTELSAT 602 satellite
    IS GRANTED, in part, to the extent necessary to stop the drift to
    the 157.0° E.L. orbital location and commence the drift of the
    INTELSAT 602 satellite to 150.5º E.L. orbital location and is
    otherwise DISMISSED as moot.

26. IT IS FURTHER ORDERED that this action is used pursuant to Section
    0.261 of the Commission's rules on delegated authority, 47 C.F.R. §
    0.261, and is effective upon release. Petitions for reconsideration
    under Section 1.106 or applications for review under Section 1.115
    of the Commission's rules, 47 C.F.R. §§ 1.106, 1.115, may be filed
    within 30 days of the date of the public notice indicating that this
    action was taken.

    FEDERAL COMMUNICATIONS COMMISSION

    Cassandra C. Thomas

Deputy Chief, Satellite Division

International Bureau

[^1]: We note that the satellite license (S2389) and corresponding earth
    station licenses for the INTELSAT 602 were assigned from Intelsat
    LLC to Intelsat North America LLC on June 2, 2005, pursuant to
    Commission approval of a *pro forma* assignment of certain satellite
    licenses, including S2389. *See* Letter from Jennifer Hindin,
    Counsel for Intelsat Re: Notification of Applicant Change Intelsat
    LLC to Intelsat North America LLC, Various Pending Application,
    dated June 2, 2005. *See also* Policy Branch Information*,*
    Satellite Space Applications Actions Taken, *Public Notice,* Report
    No. SAT-00294 (rel. May 27, 2005) (granting File No.
    SAT-ASG-20050418-00085, which included S2389).

[^2]: *See* Intelsat LLC's Application to Modify Authorization for
    INTELSAT 602 (File No. SAT-MOD-20050512-00098) (filed May 12, 2005)
    ("Intelsat 602 Modification Application"). *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*, Memorandum Opinion
    Order and Authorization*, 15 FCC Rcd 15460 (2000), *recon. denied,*
    15 FCC Rcd 25234 (2000), *further proceedings,* 16 FCC Rcd 12280
    (2001) (*Intelsat Licensing Orders)* (granting Intelsat, among other
    things, the authority to operate a number of in-orbit C-band and
    Ku-band satellites, including INTELSAT 602, then-owned and operated
    by the International Telecommunications Satellite Organization).

[^3]: *See* IBFS File No. SAT-MOD-20050819-00160; *Policy Branch
    Information,* Satellite Space Applications Actions Taken*, Public
    Notice,* Report No. SAT-00253, DA No. 04-3481 (rel. October 29,
    2004).

[^4]: IBFS File No. SAT-STA-20050527-00111.

[^5]: According to Intelsat, the ITU filings of Indonesia for the
    Palapa-C4 satellite networks specifically include the 3625-4298 and
    5927-6423 MHz frequency bands (C-band) and the 10952-11200,
    11450-11688, and 14252-14488 MHz frequency bands (Ku-band)*. See*
    Intelsat 602 Modification Application at p. 2. We also note here
    that the 150.5° E.L. orbital location is not one of Intelsat's
    original licensed locations referenced in the *Intelsat LLC Orders.*

[^6]: *See* Intelsat 602 Modification Application at p. 2.

[^7]: *Id* at Exhibit B. (Intelsat provides a copy of a May 9, 2005
    letter from Indosat, stating that the Indonesian Administration has
    authorized Indosat to arrange for the operation of a non-Indosat
    satellite at the 150.5° E.L. location. The letter further states
    that the Indonesian Administration has not licensed INTELSAT 602's
    operations at 150.5 E.L., and that such operations is governed by
    the authorization provided by the FCC.)

[^8]: *Id.*

[^9]: *See* Policy Branch Information, Satellite Space Applications
    Accepted for Filing, *Public Notice*, Report No. SAT-00293 (rel. May
    27, 2005. No comments were filed on the application.

[^10]: Similar requests were previously found to be in the public
    interest. *See* PanAmSat Corporation, Application for Modification
    of License for the PAS 9 Satellite, *Order and Authorization,* 19
    FCC Rcd 16642 (Satellite Div, Int'l Bur. 2004.); and PanAmSat
    Corporation, Request for Special Temporary Authority to Operate a
    Space Station at 60° W.L., *Order and Authorization*, 15 FCC Rcd
    21802 (Int'l Bur. 1999.)

[^11]: *See* Intelsat 602 Modification Application at p. 2.

[^12]: *Id.*

[^13]: *Id* at Appendix A.

[^14]: We note that access has been previously granted to the JCSAT 1B.
    In 2002, the Commission licensed Hawaii Pacific Teleport, L.P. to
    operate an earth station whose points of communication include
    JCSAT-1B. *See* IBFS File No. SES-LIC-20010904-01637.

[^15]: *Id* at Appendix A, p. 5. We note that MEASAT2 is currently on
    the Permitted List. *See* Binariang Satellite Systems SDN BHD (BSS),
    DA 03-2688, *Order*, 18 FCC Rcd. 16,623 (Int\'l Bur., released Aug.
    19, 2003).

[^16]: *Id* at Appendix A, p. 9.

[^17]: *Id* at Appendix A, pp. 5-7 (for MEASAT2) and pp. 9-12 (for
    Optus-B3).

[^18]: *Id* at Appendix A, p. 7.

[^19]: *Id.*

[^20]: *Id* at Appendix A, pp. 7-9

[^21]: *Id* at Appendix A, p. 9.

[^22]: *See* Intelsat 602 Modification Application, at Appendix A, p. 3.
    *See also* 47 C.F.R. §§ 25.202(g), 25.210(a)(1), 25.210(a)(3),
    25.210(c), 25.210(i), and 25.211(a).

[^23]: *See Intelsat Licensing Orders* 15 FCC Rcd at 15493-15504 (paras.
    78-115.)

[^24]: *See* ITU Radio Regulations, Article 4.4.

[^25]: ITU Radio Regulation 18.1 states that "\[n\]o transmitting
    station may be established or operated by a private person or by any
    enterprise without a license issued in an appropriate form and in
    conformity with the provisions of these Regulations by or on behalf
    of the government of the country to which the station in question is
    subject ...." *See* letter, dated June 1, 2005 from Mr. Ng Eng Ho,
    Deputy President Director, Indonesian Satellite Corporation, to
    Marlene H. Dortch, Secretary, Federal Communications Commission
    ("This is to confirm, that Indonesia being the notifying
    administration for Indosat, has licensed Indosat to operate its
    systems' satellites at 150.5° E.L. Indonesia, has not, however,
    licensed Intelsat's operations of INTELSAT 602 at 150.5° E.L., which
    we recognize is governed by the authorization provided by the U.S.
    Federal Communications Commission."). This letter was is part of the
    record for this application.

[^26]: Article 9 of the ITU Radio Regulations outlines the procedures
    for effecting coordination of satellite networks, and permits one
    administration to act on behalf of a group of named administrations.
    *See* ITU Radio Regulations 9.1, 9.6.