# Before the

# Federal Communications Commission

# Washington, D.C. 20554

In the Matter of )

)

**New Skies Satellites N.V.** ) File Nos. SAT-PDR-20010309-00020

) SAT-PDR-20011016-00137

Petition for Declaratory Ruling )

# ORDER

**Adopted: May 24, 2002 Released: May 28, 2002**

By the Chief, Satellite Division, International Bureau:

# I. INTRODUCTION

1.  In this Order, we add NSS-7, a satellite launched and operated by
    New Skies Satellites, N.V. ("New Skies"), to the "Permitted Space
    Station List" at the 21.5° W.L. (338.5° E.L.) orbital location.[^1]
    We also update the Permitted Space Station List to reflect New
    Skies's retirement of NSS-513 from 177º W.L. (183º E.L.) and the
    relocation of NSS-803 from the 21.5° W.L. orbital location to the
    177° W.L. orbital location. The Permitted Space Station List denotes
    all satellites with which U.S. earth stations with \"routinely\"
    authorized technical parameters and operating in the conventional C-
    and Ku-bands, [^2] 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\' licenses. As a result of this action, \"routine\"
    earth stations will be able to communicate immediately with NSS-7 at
    the 21.5° W.L. orbit location and NSS-803 at the 177° W.L. orbital
    location in the conventional C- and Ku-bands. This should stimulate
    competition in the United States, provide consumers more
    alternatives in choosing communications providers and services,
    reduce prices, and facilitate technological innovation. Earth
    station operators seeking to communicate with NSS-7 in frequency
    bands other than the conventional C-and Ku-bands or with
    non-routinely licensed earth stations operating in the conventional
    C-and Ku-band must file license applications or license modification
    applications specifying the NSS-7 as a point of communications.

# II. BACKGROUND

**A. *DISCO II Framework***

2.  The Commission\'s *DISCO II* *Order* adopted a framework under which
    the Commission would consider requests for non-U.S. licensed
    satellite systems to serve the United States.[^3] To

    implement this framework, the Commission, among other things,
    established a procedure by which a service provider in the United
    States could request immediate access to a foreign in-orbit
    satellite that would serve the U.S. market.[^4] In the *DISCO II
    First Reconsideration Order*, the Commission streamlined this
    process by allowing the *operators* of in-orbit non-U.S. licensed
    satellites offering fixed-satellite service to request authority to
    provide space segment capacity service to licensed earth stations in
    the United States. Under *DISCO II*, this request could be made only
    by an earth station operator. The Commission also created the
    Permitted Space Station List to facilitate access by the foreign
    licensed satellite. Once a non-U.S. space station is permitted to
    access the U.S. market pursuant to a complete *DISCO II* analysis,
    it is placed on the Permitted Space Station List upon the
    applicant\'s request. This list includes all satellites with which
    U.S. earth stations with routinely-authorized technical parameters
    (known as \"ALSAT\" earth stations) and operating in the
    conventional C-and Ku-bands 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 Space
    Station List is maintained on our website, and is also available via
    fax or e-mail.[^6]

**B. Previous New Skies *DISCO II* Showings**

3.  New Skies is a satellite company spun off from the former
    International Telecommunications Satellite Organization (INTELSAT),
    an intergovernmental organization with 143 member governments at the
    time New Skies was spun off.[^7] New Skies is incorporated in the

    Netherlands.[^8] In 1999, the Commission adopted the *New Skies
    Market Access Order*, which granted authority under the *DISCO II*
    framework to 136 earth stations to communicate with one or more of
    the New Skies satellites currently in operation.[^9] The Commission
    initially authorized these earth stations to communicate with New
    Skies satellites for three years after the release date of that
    Order, but announced that it would extend the authorizations to full
    ten-year terms if New Skies could demonstrate that it had achieved
    independence from INTELSAT.[^10]

4.  The Commission also found that the New Skies satellites did not meet
    many of the Part 25 technical requirements applicable to satellites,
    but waived those requirements.[^11] As a condition of these waivers,
    the *New Skies Market Access Order* requires New Skies to coordinate
    in good faith with U.S. services over any future U.S. licensed or
    non-U.S. licensed satellite that complies with the Part 25 technical
    requirements and is located as close as two-degrees away from a New
    Skies satellite.[^12] If a coordination agreement cannot be reached,
    New Skies is required to operate on a non-harmful interference basis
    relative to the U.S. services over compliant satellites.[^13]

5.  On October 31, 2000, New Skies requested that the Commission extend
    the 136 earth station authorizations to full ten-year terms, and to
    waive the non-harmful interference condition placed on those earth
    station authorizations with respect to future two-degree compliant
    satellites. In March 2001, the Commission granted New Skies\'
    request to extend the earth station authorizations to full ten-year
    terms.[^14] The Commission also stated that it would waive the
    non-harmful interference condition if New Skies and the Netherlands
    Administration agreed to make certain commitments.[^15] In a
    separate Order, we placed four of New Skies\'s in-orbit satellites
    on the Permitted Space Station List.[^16]

###### 

###### C. Current Proceeding

6.  While its request to extend the three-year earth station license
    terms was pending, New Skies reported that it was planning to launch
    NSS-7 to the 21.5° W.L. orbit location in 2002.[^17] New Skies
    stated that two of its satellites, NSS-803 and NSS-K, which were
    then located at the 21.5° W.L. orbit location would be replaced by
    NSS-7.[^18] New Skies further explained that when it launched NSS-7,
    it planned to retire its NSS-513 satellite that was then operating
    at the 177° W.L. orbit location and to relocate NSS-803 to 177°
    W.L.[^19]

7.  On March 9, 2001, New Skies submitted the information necessary to
    support a request to use NSS-7, which operates in a variety of
    frequency bands \-- including the conventional C-and Ku-bands, to
    provide service to the United States.[^20] On October 16, 2001, New
    Skies requested that entry of NSS-803 on the Permitted Space Station
    List be modified to reflect its new orbital location at 177° W.L.
    orbit location.[^21] We placed both of New Skies\' requests on
    public notice,[^22] and no comments or replies were filed. In March
    2002, New Skies informed the Commission that it agreed on
    operational arrangements with the adjacent U.S. operator, Intelsat,
    which is operating a number of satellites in the 24.5° W.L. to 18°
    W.L. range of orbit locations.

8.  In this Order, we place NSS-7 on the Permitted Space Station List,
    with conditions, for the reasons set forth below. We also place
    NSS-803 on the Permitted Space Station List at the 177° W.L. orbit
    location.

# 

# III. DISCUSSION

###### A. General Framework

9.  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,[^23] spectrum availability,[^24] eligibility and operating
    (*e.g.*, technical) requirements,[^25] and national security, law
    enforcement, foreign policy, and trade concerns.[^26] We have
    already conducted a *DISCO II* analysis for the New Skies satellites
    now operating at 21.5° W.L. and, as a result, have granted those
    satellites access to the U.S. market in the conventional C-band and
    Ku-band by placing them on the Permitted Space Station List.[^27]
    Accordingly, in this Order, we address only those aspects of the
    *DISCO II* analysis unique to NSS-7. These are competition
    considerations and eligibility requirements. We also determine
    whether any of our findings supporting the placement of NSS-803 on
    the Space Station List are affected by relocating the satellite from
    21.5° W.L. to 177° W.L.

###### B. NSS-7

**1. Competition Concerns**

10. New Skies proposes to provide fixed-satellite service over NSS-7. In
    *DISCO II*, the Commission said it would consider that the provision
    of World Trade Organization (WTO) covered services by WTO Member
    countries would be presumed to be competitive. Specifically, in
    *DISCO II*, the Commission established a rebuttable presumption in
    favor of entry by non-U.S. satellites licensed by WTO Members to
    provide services covered by the U.S. commitments under the WTO
    Agreement on Basic Telecommunications Services (WTO Basic Telecom
    Agreement).[^28] These commitments include fixed-satellite service,
    except for direct-to-home (DTH) service. The Commission concluded
    that the market access commitments made by WTO Members 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.[^29]

11. New Skies proposes to provide FSS, a covered service, using NSS-7, a
    satellite licensed by the Netherlands, which is a WTO-member. Thus,
    we presume that allowing NSS-7 to provide FSS (excluding DTH) in the
    United States will enhance competition. Further, the Commission
    found in the *New Skies ORBIT Act Compliance Order*, that New Skies
    has achieved sufficient independence from INTELSAT to meet the ORBIT
    Act\'s requirements.[^30] As is the case with all other satellites
    that serve the United States, both U.S.-licensed and
    non-U.S.-licensed, New Skies is prohibited from entering into any
    exclusive arrangement with any country. In addition, the United
    States made market access commitments for fixed and mobile satellite
    services before the WTO, but did not make market access commitments
    for Direct to Home (DTH) service, Direct Broadcast Satellite (DBS)
    service, and Digital Audio Radio Service (DARS), and took a
    most-favored-nation (MFN) exemption for these services as well.[^31]
    Accordingly, we prohibit U.S.-licensed earth stations from accessing
    NSS-7 for DTH, DBS, and DARS. We note that we routinely place this
    condition on other entries on the Permitted Space Station List.

    **2. Eligibility Requirements**

**a. Legal Qualifications**

12. 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.[^32] Based on the Commission\'s findings in the
    *New Skies ORBIT Act Compliance Order*,[^33] we find that New Skies
    is legally qualified to provide satellite service in the United
    States.

**b. Financial Qualifications**

13. In *DISCO II*, the Commission stated that when a foreign satellite
    is in-orbit, there is no concern about whether the prospective
    entrant is financially capable of building and launching its system
    and therefore financial information is unnecessary in that instance.
    [^34] NSS-7 was successfully launched in April 2002. Consequently,
    we need not examine New Skies's financial qualifications.

**c. Technical Qualifications**

14. The Commission\'s satellite licensing policy is predicated upon
    two-degree orbital spacing between geostationary satellites.[^35]
    This policy permits the maximum use of the geostationary satellite
    orbit.[^36] Applicants must demonstrate that they comply with the
    Commission\'s technical requirements, designed to permit two-degree
    orbital spacing, before being authorized to provide service in the
    United States. We have allowed satellites that are not two-degree
    compliant to serve the United States, but only when the applicants
    can demonstrate that their operations will cause no harmful
    interference to existing compliant satellite operations or where the
    adjacent satellite operators have reached a coordination agreement.
    Further, we require satellites that are not two-degree compliant to
    operate on a non-harmful interference basis relative to any future
    satellite networks serving the United States that are two-degree
    compliant. [^37]

15. New Skies acknowledges that NSS-7 does not meet certain two-degree
    spacing requirements (Sections 25.210(a) (orthogonal linear
    polarization), 25.210(i) (cross polarization isolation), and
    25.211(a)(center frequencies for downlink analog video
    transmissions) of the Commission' rules).[^38] New Skies also
    acknowledges that a satellite licensed to Intelsat is licensed at
    20° W.L., less than two-degrees away from the 21.5° W.L. orbit
    location. New Skies requests waivers of these rules and the
    Commission's two-degree spacing framework.[^39]

16. Rules may be waived if there is "good cause" to do so.[^40] Waiver
    is appropriate 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. [^41]
    Circumstances that would justify a waiver

    include considerations of hardship, equity, or more effective
    implementation of overall policy." Also, if the Commission grants
    waivers, it must identify and articulate reasonable standards that
    are predictable, workable, and not susceptible to discriminatory
    application.[^42] Generally, the Commission may grant a waiver of
    its rules in a particular case if the relief requested would not
    undermine the policy objective of the rule in question, and would
    otherwise serve the public interest.[^43]

17. In the *New Skies ORBIT Act Compliance Order*, the Commission
    indicated it would not consider waiving any technical rules with
    respect to NSS-7 until New Skies had reached a coordination
    agreement with Intelsat. In March 2002, New Skies informed the
    Commission that it had agreed to a coordination arrangement with
    Intelsat concerning operations between the NSS-7 satellite at 21.5°
    W.L. and the Intelsat satellite at 20° W.L. The United States and
    the Netherlands subsequently approved the arrangement. Consequently,
    we will consider New Skies's request for waivers of particular
    technical rules.

18. We grant New Skies\'s request for waivers of Sections 25.210(a) and
    25.211(a). We have previously granted New Skies a waiver of these
    rules. In the *New Skies Market Access Order,* we noted that the New
    Skies satellites are coordinated internationally with all satellites
    that could be affected by New Skies\'s operations.[^44]
    Consequently, the Commission found that allowing the non-compliant
    satellites to provide service in the United States would not
    adversely impact any *existing* satellite operations. New Skies
    states that the technical characteristics of NSS-7 are consistent
    with the satellites currently at that location,[^45] and are
    coordinated internationally with all satellites that could be
    affected by New Skies\'s operations.[^46] Therefore, allowing NSS-7
    to provide service in the United States from the 21.5° W.L. orbit
    location would not adversely impact any *existing* satellite
    operations.

19. We also grant New Skies\'s request for waiver of the Commission's
    C-band polarization isolation requirements contained in Section
    25.210(i) of the Commission's rules.[^47] All space station antennas
    in the Fixed- Satellite Service must be designed to provide a cross
    polarization isolation such that the ratio of the axis co-polar gain
    to the cross polar gain of the antenna in the assigned frequency
    band be at least 30 dB within its primary coverage area.[^48] New
    Skies states that not all of the beams of NSS-7 achieve that level
    over the entire coverage area. It further states that the ratio in
    limited areas of coverage is in the

    25-30 dB range, with typical ratios better than 27 dB.[^49] New
    Skies states that this design is the product of the international
    origins and historical design of the INTELSAT system.[^50] We agree
    with New Skies that "the impact on a neighboring satellite system
    would be negligible" and the only party that will suffer an increase
    in interference would be New Skies.[^51] Accordingly, we conclude
    that New Skies has shown \"good cause\" for a waiver of Section
    25.210(i).

20. As noted, we generally require non-compliant non-U.S. licensed
    satellites reach coordination agreement or to operate on a
    non-interference basis with respect to *future* satellites that are
    two-degree spacing compliant. New Skies asks that we not include
    this condition in any grant of U.S. market access for NSS-7. In the
    *New Skies ORBIT Act Compliance Order*, the Commission determined
    that it would eliminate this condition with respect to other New
    Skies satellites, but only if New Skies undertakes the following
    commitments: (1) two-degree compliant U.S. services over current and
    *future* U.S.-licensed or non-U.S.-licensed satellites serving the
    U.S. market spaced two-degrees or more from the New Skies satellites
    are assumed to be fully coordinated, and (2) non-compliant U.S.
    services over current or *future* U.S.-licensed or non-U.S.-licensed
    satellites serving the U.S. market spaced two-degrees or more from
    the New Skies satellites will be coordinated on an equal basis
    irrespective of the relative dates of receipt of the
    coordination.[^52] The Commission also recognized that any such
    commitment from New Skies would need the concurrence of the
    Netherlands Administration, and that the Netherlands Administration
    is under no obligation to give its concurrence.[^53] In the *New
    Skies Permitted List Order*, we stated that we would remove these
    conditions from earth stations communicating with the four New Skies
    satellites currently on the Permitted Space Station List if New
    Skies undertakes the two commitments specified above.[^54] New Skies
    has not undertaken these commitments with respect to any of its
    satellites, including NSS-7.

21. Consequently, we will impose the same conditions on earth stations
    communicating with NSS-7 as we imposed on earth stations
    communicating with other New Skies's satellites. Specifically, New
    Skies is required to coordinate in good faith with any *future*
    U.S.-licensed services over U.S. licensed or non-licensed satellite
    that complies with the Part 25 technical requirements and is located
    as close as two-degrees away from a New Skies satellite. [^55] If a
    coordination agreement cannot be reached, New Skies is required to
    operate on a non-harmful interference basis relative to the
    compliant U.S.-

    licensed services.[^56] We will remove these conditions from earth
    stations communicating with NSS-7 if New Skies undertakes the same
    two commitments with respect to coordination with future two-degree
    compliant satellites we imposed in the *New Skies ORBIT Act
    Compliance Order*.

22. Accordingly, we grant New Skies a conditional waiver of Sections
    25.140(b)(2), 25.210(a), 25.211(a), 25.210(i). We place NSS-7 on the
    Permitted Space Station List. Thus, routinely licensed earth
    stations, that is, those designated to communicate with "ALSAT," or
    all U.S.-licensed satellites, may communicate with NSS-7 in the
    conventional C-and Ku-bands at 3700-4200/5925-6425 MHz and
    11.7-12.2/14.0-14.5 GHz without further Commission action, to
    provide fixed-satellite service (except for direct-to-home service)
    pursuant to conditions in their earth station licenses and the
    conditions set forth below. Non-ALSAT earth stations must be granted
    modification to their licenses to add NSS-7 at 21.5º W.L. as a point
    of communications before they may begin to communicate with NSS-7 at
    21.5º W.L. All earth station operators regardless of their "ALSAT"
    designation must receive authority to communicate with NSS-7 in any
    bands outside of the conventional C-and Ku-bands before doing
    so.[^57]

###### C. NSS-803

23. The International Bureau placed NSS-803 on the Permitted Space
    Station List in March 2001.[^58] At that time, NSS-803 was located
    at the 21.5º W.L. orbital location.[^59] On January 22, 2001, New
    Skies informed the Commission that planned to relocate NSS-803 from
    the 21.5º W.L. orbital location to the 177° W.L. orbital location
    when it retired the NSS-513 satellite from that location.[^60] New
    Skies indicates that it has completed coordinating NSS-803 at the
    177º W.L. orbital location with operators of adjacent satellites
    that also provide U.S. service, including Intelsat at 180° W.L. and
    Columbia at 174.3° W.L. We placed New Skies's *October 16 Letter* on
    public notice on January 8, 2001, and received no comments.

24. Because New Skies has completed coordination of the NSS-803 with
    adjacent satellites, we will modify its entry on the Permitted Space
    Station List to reflect its new orbit location at 177° W.L. All
    other terms of its placement on the Permitted Space Station List
    remain in effect. Thus, routinely

    licensed earth stations, that is, those designated to communicate
    with "ALSAT," or all U.S.-licensed satellites, may communicate with
    NSS-803 in conventional C-and Ku-bands at 3700-4200/5925-6425 MHz
    and 11.7-12.2/14.0-14.5 GHz without further Commission action, to
    provide fixed-satellite service (except for direct-to-home service)
    pursuant to conditions in their earth station licenses and the
    conditions set fort below. Non-ALSAT earth stations must be granted
    modifications to their licenses to add NSS-803 at 177° W.L. as a
    point of communication before they may begin to communicate with
    NSS-803 at 177° W.L. All earth station operators regardless of their
    "ALSAT" designation must receive authority to communicate with
    NSS-803 in any bands outside the conventional C-and Ku-bands before
    doing so.

25. Further, consistent with the *New Skies Permitted List Order,*
    ALSAT-designated earth stations communicating with NSS-803 may
    continue to do so only in a manner consistent with international
    coordination agreements relative to two-degree-compliant satellite
    systems currently in operation.[^61] If a two-degree compliant
    satellite is authorized in the future and a coordination agreement
    is not reached, U.S. earth stations must communicate with the
    NSS-803 satellite on a non-harmful interference basis relative to
    compliant U.S. services. We will eliminate this non-interference
    condition if New Skies makes the commitments discussed above and in
    the *New Skies Compliance Order*.

# ORDERING CLAUSES

26. 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 25.121(a) and
    25.137(c) of the Commission\'s rules, 47 C.F.R. §§ 25.121(a),
    25.137(c), the Petitions for Declaratory Ruling, File Nos.
    SAT-PDR-20010309-00020 and SAT-PDR-20011016-00137 IS GRANTED and
    each earth station with \"ALSAT\" designated as a point of
    communication, IS GRANTED authority to provide Fixed Satellite
    Services ("FSS"), excluding FSS Direct-to-Home services to, from, or
    within the United States, by accessing the NSS-7 satellite to be
    located at the 21.5° W.L. orbital location in the
    3700-4200/5925-6425 MHz and the 11.7-12.2/14.0-14.5 GHz frequency
    bands, subject to the conditions set forth in this Order.

27. IT IS FURTHER ORDERED that the NSS-7 satellite with the conditions
    set forth in this Order, IS PLACED on the \"Permitted Space Station
    List\" for operation at the 21.5° W.L. orbital location.

28. IT IS FURTHER ORDERED that this authorization does not authorize New
    Skies Satellites, N.V., to provide any Direct-to-Home service,
    Direct Broadcast Satellite service, or Digital Audio Radio Service
    to, from, or within the United States using the NSS-7 satellite.

29. IT IS FURTHER ORDERED that, pursuant to Section 1.3 of the
    Commission\'s rules, each earth station with \"ALSAT\" designated as
    a point of communication, IS GRANTED a waiver of Sections 25.202(g),
    25.210(a)(1), 25.210(a)(3), 25.210(i) and 25.211(a) of the
    Commission\'s rules, 47 C.F.R. §§ 25.202(g), 25.210(a)(1),
    25.210(a)(3), 25.211(a), and 25.210(i) for the limited purpose of
    communicating with NSS-7 in the conventional C-and Ku-bands, subject
    to the conditions set forth in its earth station license and in this
    Order.

30. IT IS FURTHER ORDERED that access to the New Skies satellite
    networks SHALL BE in compliance with all applicable international
    satellite coordination agreements.

31. IT IS FURTHER ORDERED that each earth station with \"ALSAT\"
    designated as a point of communication may communicate with NSS-7,
    only under the following conditions, unless New Skies Satellites,
    N.V., undertakes the commitments set forth in paragraph 22, and the
    Administration of the Netherlands gives its concurrence, in writing,
    to those commitments.

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(a) In the future, should the Commission authorize access to the U.S.
    market by a satellite that is two-degree spacing compliant, and is
    located as close as two-degrees from a New Skies satellite, New
    Skies would be expected to coordinate, in good faith, with the
    licensee of this satellite.

(b) If a coordination agreement is not reached, New Skies's operation of
    NSS-7 must be on a non-harmful interference basis relative to U.S.
    services being provided by the compliant satellite.

(c) If a coordination agreement is not reached, these satellite networks
    shall not cause harmful interference to, nor shall operators
    accessing these satellite networks claim protection from, U.S.
    services provided over U.S.-authorized satellite networks, and/or
    U.S.-authorized services provided over non-U.S.-authorized satellite
    networks that are providing service to the United States that are
    compliant with the Commission\'s two-degree spacing rules.

(d) In addition, operation of NSS-7 in the conventional C-band, shall
    cease immediately upon notification of harmful interference.
    Complaints of all radio interference shall be forwarded to the
    Commission in writing.

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32. IT IS FURTHER ORDERED that the conditions set forth in paragraph 20
    shall not apply to any earth station with \"ALSAT\" designated as a
    point of communication communicating with NSS-7 in the conventional
    C-band or conventional Ku-band if New Skies Satellites, N.V.,
    undertakes the following commitments, and the Administration of the
    Netherlands gives its concurrence, in writing, to these commitments.

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(a) Compliant U.S. services over U.S.-licensed or non-U.S.-licensed
    satellites serving the U.S. market spaced two degrees or more from
    the satellites of the Netherlands are assumed to be fully
    coordinated; and

(b) Non-compliant U.S. services over U.S.-licensed or non-U.S.-licensed
    satellites serving the U.S. market spaced two-degrees or more from
    the satellites of the Netherlands will be coordinated on an equal
    basis, irrespective of the relative dates of receipt of the
    coordination requests at the ITU for the relevant satellite
    networks.

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33. IT IS FURTHER ORDERED that the \"Permitted Space Station List\"
    entry for the NSS-803 satellite WILL BE MODIFIED to reflect its
    relocation to the 177° W.L. orbital location pursuant to
    paragraph 34. All the conditions on communication with NSS-803
    adopted in the *New Skies Permitted List Order* shall remain in
    force unless and until the Administration of the Netherlands
    undertakes the commitments set forth in that Order. None of the
    waivers adopted in the *New Skies Permitted List Order* associated
    with NSS-803 are affected by this Order.

34. IT IS FURTHER ORDERED that New Skies Satellites, N.V. is REQUIRED to
    inform the Commission in writing, within 30 days, after NSS-803 is
    successfully relocated to the 177° W.L. orbital location.

35. IT IS FURTHER ORDERED that New Skies Satellites, N.V. must notify
    the Commission, in writing, within 30 days, after replacement of the
    NSS-K and NSS-513 satellites. Once we receive this confirmation, the
    NSS-513 and NSS-K satellites SHALL BE REMOVED from the Permitted
    Space Station List.

36. 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. 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]: *See* *New Skies' NSS-7 Atlantic Ocean Region Satellite
    Successfully Launched Into Orbit* (press release April 17, 2002).
    NSS-7 was successfully launched on April 16, 2002.

[^2]: For purposes of this Order, the \"conventional C-band\" denotes
    the 3700-4200 MHz and 5925-6425 MHz frequency bands. The
    \"conventional Ku-band\" denotes the 11.7-12.2 GHz and 14.0-14.5 GHz
    frequency bands.

[^3]: *See 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 (1997) ("*DISCO II"* or "*DISCO II
    Order"*).

[^4]: *See DISCO II*, 12 FCC Rcd at 24174 (para. 186). For a more
    detailed summary of the *DISCO II* framework, *see 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 (paras. 4-5) (1999) ("*DISCO II
    First Reconsideration Order"*).

[^5]: ^?^ *DISCO II First Reconsideration Order*, 15 FCC Rcd at 7214-16
    (paras. 16-20). \"ALSAT\" means \"all U.S.-licensed space
    stations.\" Originally, under an ALSAT earth station license, an
    earth station operator providing fixed-satellite service in the
    conventional C- and Ku-bands could access any U.S. satellite without
    additional Commission action, provided that those communications
    fall within the same technical parameters and conditions established
    in the earth stations\' licenses. *See DISCO II First
    Reconsideration Order*, 15 FCC Rcd at 7210-11 (para. 6). The *DISCO
    II First Reconsideration Order* expanded ALSAT earth station
    licenses to permit access to any satellite on the Permitted List.
    *DISCO II First Reconsideration Order*, 15 FCC Rcd at 7215-16 (para.
    19).

[^6]: ^?^ *DISCO II First Reconsideration Order*, 15 FCC Rcd at 7215-16
    (para. 19). This web site address is
    \<www.fcc.gov/ib/srd/se/permitted.html\>.

[^7]: ^?^ *New Skies Satellites, N.V.*, Order and Authorization, 14 FCC
    Rcd 13003, 13005-06 (paras. 3-4) (1999) ("*New Skies Market Access
    Order"*). As part of its decision to privatize INTELSAT, the
    Assembly of Parties retained a residual intergovernmental
    organization known as ITSO, an acronym for the International
    Telecommunications Satellite Organization, presently with 146 member
    governments. ITSO, through a "Public Services Agreement" with
    Intelsat LLC (Intelsat), the privatized company, monitors the
    performance of the company's public service obligations to: maintain
    global connectivity and global coverage, provide non-discriminatory
    access to the system, and honor the lifeline connectivity obligation
    (LCO) to certain customers (those customers in poor or underserved
    countries that have a high degree of dependence on Intelsat Under
    these commitments, Intelsat LLC keeps capacity available to lifeline
    users at fixed pre-privatization costs for approximately 12 years,
    while the lifeline users are only committed for its capacity on a
    year-to-year basis at their option. ITSO has no operational or
    commercial role.

[^8]: ^?^ *New Skies Market Access Order*, 14 FCC Rcd at 13006 (para.
    7). LLC).

[^9]: *New Skies Market Access Order*, 14 FCC Rcd at 13039 (para. 82).

[^10]: ^?^ *New Skies Market Access Order*, 14 FCC Rcd at 13034-35
    (para. 70).

[^11]: *New Skies Market Access Order*, 14 FCC Rcd at 13037-38 (paras.
    75-77).

[^12]: ^?^ *New Skies Market Access Order*, 14 FCC Rcd at 13038 (paras.
    78-79).

[^13]: *New Skies Market Access Order*, 14 FCC Rcd at 13038 (paras.
    78-79).

[^14]: *New Skies Satellites, N.V., Request for Unconditional Authority
    to Access the U.S. Market*, Memorandum Opinion and Order, 16 FCC Rcd
    7482, 7496 at (para. 47)(2001) ("*New Skies ORBIT Act Compliance
    Order"*).

[^15]: *New Skies ORBIT Act Compliance Order*, 16 FCC Rcd at 7507-08
    (para. 78).

[^16]: *New Skies Satellites N.V., Petition for Declaratory Ruling*,
    Order, 16 FCC Rcd 6740 (Int. Bureau 2001) ("*New Skies Permitted
    List Order"*). These satellites are (1) NSS-513, located at 183°
    E.L.; (2) NSS-803, located at 21.5° W.L (338.5° E.L.); (3) NSS-806,
    located at 40.5° W.L (319.5° E.L.); and (4) NSS-K, located at 21.5°
    W.L (338.5° E.L.)

[^17]: Letter from William M. Wiltshire, Counsel for New Skies, to
    Magalie Roman Salas, Secretary, FCC (dated January 22, 2001)
    ("*January 22 Letter"*) at 2.

[^18]: *January 22 Letter* at 2.

[^19]: *January 22 Letter* at 2; New Skies Petition, Part II at 2.

[^20]: Letter from William M. Wiltshire, Counsel for New Skies, to
    Magalie Roman Salas, Secretary, FCC (dated March 9, 2001) ("*New
    Skies Petition*"). Section 25.137 of the Commission\'s rules,
    adopted in *DISCO II*, sets forth the information requirements
    required of non-U.S.-licensed satellite operators seeking access to
    the U.S. market. 47 C.F.R. § 25.137. *See also DISCO II*, 12 FCC Rcd
    at 24175-76 (paras. 189-91). Non-U.S.-licensed satellite operators
    must provide all the information required of U.S.-licensed satellite
    operators under Section 25.114, except that the financial
    information set forth in Sections 25.114(c)(17) and (18) is not
    required if the satellite is already in orbit, and the technical
    information set forth in Sections 25.114(c)(5) through (11) and (14)
    is not required if the satellite has been coordinated.

[^21]: Letter from Andrew R. D' Uva, Vice President and Associate
    General Counsel, to Magalie Roman Salas, Secretary, FCC (dated
    October 16, 2001) ("*October 2001 Letter*").

[^22]: Satellite Policy Branch Information, Report No. SAT-00067,
    *Public Notice* (released Mar. 26, 2001) and Satellite Policy Branch
    Information, Report No. SAT-00096, *Public Notice* (released January
    8, 2002).

[^23]: ^?^ *DISCO II*, 12 FCC Rcd at 24107-56 (paras. 30-145).

[^24]: ^?^ *DISCO II*, 12 FCC Rcd at 24157-59 (paras. 146-50).

[^25]: ^?^ *DISCO II*, 12 FCC Rcd at 24159-69 (paras. 151-74).

[^26]: ^?^ *DISCO II*, 12 FCC Rcd at 24169-72 (paras. 175-82).

[^27]: *See* *DISCO II; DISCO II First Reconsideration Order; New Skies
    Market Access Order New Skies ORBIT Act Compliance Order.*

[^28]: *DISCO II*, 12 FCC Rcd at 24112 (para. 39).

[^29]: ^?^ *DISCO II*, 12 FCC Rcd at 24112 (para. 39).

[^30]: *New Skies ORBIT Act Compliance Order*, 16 FCC Rcd 7482 (paras.
    46-47).

[^31]: Generally, General Agreement on Tariffs and Trade (GATS) requires
    WTO member countries to afford most-favored nation (MFN) treatment
    to all other WTO member nations. \"With respect to any measure
    covered by this Agreement, each Member shall accord immediately and
    unconditionally to services and service suppliers of any other
    Member treatment no less favorable than that it accords to like
    services and service suppliers of any other country.\" GATS Article
    II, paragraph 1. Member nations are permitted to take \"MFN
    exemptions,\" however, under certain circumstances specified in an
    annex to GATS. *See* GATS Annex on Article II Exemptions.

[^32]: *DISCO II*, 12 FCC Rcd at 24161-63 (paras. 154-59).

[^33]: *New Skies ORBIT Act Compliance Order,* 16 FCC Rcd 7482 (paras.
    46-47).

[^34]: *DISCO II*, 12 FCC Rcd at 24176 (para. 191) (financial
    qualification is required unless the satellite at issue is
    in-orbit).

[^35]: For more information regarding the Commission\'s two-degree
    spacing policy, *see Licensing Space Stations in the Domestic
    Fixed-Satellite Service*, 48 F.R. 40233 (Sept. 6, 1983).

[^36]: ^?^ *See Assignment of Orbital Locations to Space Stations in the
    Domestic Fixed-Satellite Service, Order and Authorization*, 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.

[^37]: ^?^ *See*, *e.g.*, *Systematics General Corporation*, Order and
    Authorization, 2 FCC Rcd 7550, 7550-51 (para. 9) (Com. Car. Bur.
    1987); *New Skies Market Access Order*, 14 FCC Rcd at 13038 (para.
    78).

[^38]: *New Skies Petition* at 2. 47 C.F.R. §§ 25.210(i) and 25.211(a).

[^39]: 47 C.F.R. § 25.140(b).

[^40]: 47 C.F.R. § 1.3 (\"Any provision of the rules may be waived by
    the Commission on its own motion or on petition if good cause
    therefor is shown\"). *WAIT Radio v. FCC*, 418 F.2d 1153 (D.C. Cir.
    1969).

[^41]: *Northeast Cellular Telephone Co. v. FCC*, 897 F.2d 1166 (D.C.
    Cir. 1990)("*Northeast Cellular"); WAIT Radio*, 418 F. 2d at 1157.
    *See also Comsat Corporation, Petition for Partial Relief from the
    Current Regulatory Treatment of Comsat World Systems\' Switched
    Voice, Private Line, and Video and Audio Services*, Order, 11 FCC
    Rcd 9622, 9625 (para. 10)(1996*); Petition of General
    Communications, Inc. for a Partial Waiver of the Bush Earth Station
    Policy*, Memorandum Opinion and Order, 11 FCC Rcd 2535, 2536 (para.
    4)(Int\'l Bur. 1996); *Dominion Video Satellite, Inc., Order and
    Authorization*, 14 FCC Rcd 8182, 8185 (para. 5)(Int\'l Bur., 1999)
    ("*Dominion Video"*).

[^42]: *See WAIT Radio v. FCC*, 418 F.2d 1153 (D.C. Cir. 1969).

[^43]: *See Dominion Video Satellite, Inc.,* Order and Authorization, 14
    FCC Rcd 8182, 8185 (Int\'l Bur., 1999)

[^44]: ^?^ *New Skies Market Access Order*, 14 FCC Rcd at 13038 (para.
    77).

[^45]: New Skies Petition, Part II at 2-3.

[^46]: *New Skies Permitted List Order,* 16 FCC Rcd 6740 at (para. 15);
    *New Skies Market Access Order*, 14 FCC Rcd at 13038 (para. 77).

[^47]: 47 C.F.R. § 25.210(i).

[^48]: 47 C.F.R. § 25.210(i).

[^49]: New Skies Petition, Part I.

[^50]: *Id.*

[^51]: *See Intelsat LLC*, 15 FCC Rcd at 15503. Where the Commission
    recognized that "the impact on a neighboring satellite system would
    be negligible."

[^52]: *New Skies ORBIT Act Compliance Order* at para. 78.

[^53]: *New Skies ORBIT Act Compliance Order* at para. 78.

[^54]: *New Skies Permitted List Order,* 16 FCC Rcd 6740 at (para. 16).

[^55]: *New Skies Permitted List Order*, 16 FCC Rcd 6740 at (para. 15);
    *New Skies Market Access Order*, 14 FCC Rcd at 13038 (paras. 78-79).

[^56]: *New Skies Permitted List Order,* 16 FCC Rcd 6740 at (para. 15);
    *New Skies Market Access Order*, 14 FCC Rcd at 13038 (paras. 78-79).

[^57]: We note that earth stations communicating with NSS-K and NSS-503
    satellites were authorized to operate in "non-conventional" portions
    of the C-and Ku-bands. We are amenable to allowing those earth
    stations to continue to operate in those bands provided that the
    operating parameters remain the same.

[^58]: *See New Skies Permitted List Order,* 16 FCC Rcd 6740 (Int.
    Bureau 2001)*.* The Permitted Space Station list on the
    International Bureau 's web site will be updated shortly to include
    NSS-7. In addition, pursuant to the Bureau's Public Notice of
    December 17, 1999, this satellite falls within the scope of global
    international Section 214 Authorizations Using Approved Non-U.S.
    Licensed Satellite Systems Listed on the Permitted Space Station
    List, Public Notice, DA 99-2844 (released December 17, 1999).

[^59]: *See New Skies Permitted List Order* at fn. 1.

[^60]: *January 22 Letter* at 2.

[^61]: *See New Skies Permitted List Order,* 16 FCC Rcd 6740 at (para.
    25).