**DA 05-1115**

April 21, 2005

Susan H. Crandall

Intelsat Global Service Corporation

3400 International Drive, NW

Washington, DC 20008

> Re: Intelsat LLC, Application to Modify Authorization for the INTELSAT
> 602 satellite; SAT-MOD-20050208-00027; Call Sign: S2389

Dear Ms. Crandall:

On February 8, 2005, Intelsat LLC (Intelsat) filed a modification
request seeking authority to relocate the INTELSAT 602 satellite from
the 50.5° E.L. orbital location to the 150.5° E.L. orbital location and
operate in the C- and Ku-frequency bands at that location.[^1] In its
application, Intelsat noted that it was currently authorized by the FCC
to drift the INTELSAT 602 satellite to the 157° E.L. orbital location
and now requested authority to stop the satellite at the 150.5° E.L.
orbital location and operate at this location.[^2] Intelsat also stated
that the Administration of Indonesia currently has C- and Ku-band ITU
filings at the 150.5° E.L. orbital location.[^3] Further, Intelsat
explained that Indosat, a private company, holds a concession from the
Administration of Indonesia to operate a satellite at that location.
Intelsat has entered into a private agreement with Indosat to operate
the INTELSAT 602 satellite at the 150.5° E.L. orbital location in the C-
and Ku frequency bands.[^4] For the reasons we explain below, we dismiss
the modification application as defective without prejudice to refiling.

Section 25.114(c) of the Commission's rules[^5] requires all space
station applicants to submit all applicable items of information listed
in its subsections. In the *First Space Station Reform Order*,[^6] the
Commission affirmed the policies embodied in this rule by continuing to
require applications to be substantially complete when filed.[^7] As the
Commission noted, these procedures and rules will enable it to establish
satellite licensees' operating rights clearly and quickly and, as a
result, allow licensees to provide service to the public much sooner
than might be possible under the previous licensing procedures.[^8]

Intelsat's modification did not include all the information required
under Section 25.114. Specifically, Section 25.140(b)(2) of the
Commission's rules requires an interference analysis demonstrating that
the proposed GSO FSS satellite system will be compatible with the
Commission's two-degree orbital spacing environment.[^9] In its
application, Intelsat provided an interference analysis reflecting three
operational satellites within +/- 3 degrees of the 150.5° E.L. orbital
location. These satellites included MEASAT, a C/Ku band satellite
located at the 148° E.L. orbital location, JCSAT-1B, a Ku-band satellite
located at the 150° E.L. orbital location, and Optus-B3, a L/Ku-band
satellite located at the 152° E.L. orbital location. Upon technical
review we find that Intelsat has failed to provide an adequate
interference analysis of INTELSAT 602 satellite operations with regard
to the JCSAT-1B, Optus-B3 and MEASAT satellites.

With regard to the JCSAT-1B satellite, Intelsat acknowledges that the
Indosat satellite uplink frequencies in the 14.25-14.5 GHz band overlap
with the JCSAT-1B satellite.[^10] However, Intelsat does not indicate
that the Indonesian Administration has a coordination agreement with the
Administration of Japan for those operations. Additionally, Intelsat
fails to provide the technical parameters of the JCSAT-1B satellite or
the required spatial separation required, to show that interference will
not be caused to that satellite. Rather, Intelsat states that it
"undertakes to operate co-frequency, co-pol uplinks in 14.25-14.5 GHz
band from our Ku spot only if so positioned as to provide the required
spatial isolation to JSAT's coverage so as not to cause
[excess]{.underline} interference."[^11] (Emphasis added) This does not
obviate the need for Intelsat to file the required interference analysis
nor does it in any event demonstrate that Intelsat will not cause
harmful interference to the JCSAT-1B satellite.

Additionally, with respect to the Optus-B3 satellite, Intelsat fails to
provide an adequate interference analysis. Specifically, Intelsat notes
that the uplink frequencies for the Indosat satellite (at 150.5° E.L)
overlap with that of Optus-B3 (at 152° E.L.) in the 14.25-14.5 GHz
frequency band.[^12] However, Intelsat does not indicate that the
Indonesian Administration has a coordination agreement with the
Australian Administration for those operations. Instead, Intelsat notes
that there is an existing coordination agreement between Intelsat at
157° E.L. and AUSSAT at 156° E.L. which enables Intelsat to operate an
Intelsat satellite in the 14.25-14.5 GHz frequency band at an off-axis
eirp density towards 156° E.L. of -14.5 dBW/Hz and 44.7 dBW/40 MHz.
Therefore, Intelsat alleges that because the separation between the
INTELSAT 602 satellite and the Optus-B3 satellite would be 1.5 degrees,
Intelsat can operate its INTELSAT 602 satellite at the 150.5° E.L.
orbital location with a permissible off-axis eirp density towards 152°
E.L. of -10.1 dBW/Hz and 49.1 dBW/40 Mhz.[^13] We disagree with
Intelsat's conclusion and find that an existing coordination agreement
between Intelsat (at 157° E.L.) and AUSSAT (at 156° E.L.) does not
substitute for a coordination agreement between Intelsat (at 150.5°
E.L.) and Optus B3 (at 152° E.L.). Further, Intelsat is nonetheless
required to file an interference analysis to demonstrate that the
INTELSAT 602 satellite operations at the 150.5° E.L. orbital location
will not cause harmful interference to the Optus B3 satellite at the
152° E.L. orbital location. Therefore, we disagree with Intelsat's
conclusion and find that Intelsat has not shown how its operations on
INTELSAT 602 will not interfere with the Optus-B3 satellite's
operations.

Intelsat also fails to provide an adequate interference analysis with
respect to the MEASAT satellite. In its application, Intelsat
acknowledges that the INTELSAT 602 satellite at the proposed 150.5° E.L.
orbital location will have a full frequency overlap with the MEASAT
satellite at 148° E.L.[^14] However, Intelsat also notes that the
Administration of Indonesia has already reached a coordination agreement
with Malaysia and the INTELSAT 602 will operate within those
coordination constraints. Intelsat then provides the technical
specifications for co-coverage, co-frequency, and co-pol operations.
However, in review of this information, we find that Intelsat fails to
provide complete uplink power spectral density (psd) values for its C-
and Ku- band operations. Instead Intelsat provides an equation
containing an unknown value of "X".[^15] In the event that Intelsat
wishes to refile its application, we request that Intelsat clarify this
information and provide values and explanation for "X". Additionally, we
request Intelsat to explain the basis for the stated technical
specifications for co-coverage, co-frequency, and co-pol operations.
Specifically, whether these values are based on the technical parameters
agreed to in the coordination agreement between the Indonesian and
Malaysian Administrations and/or the maximum operational levels of the
INTELSAT 602 satellite.

We have repeatedly advised applicants that failure to submit a
two-degree interference analysis renders the application
incomplete.[^16] Consequently, we find that Intelsat's modification
request, File No. SAT-MOD-20050208-00027, is defective and pursuant to
the Commission's rules on delegated authority, 47 C.F.R. § 0.261(a)(4),
we DISMISS the application without prejudice to refiling.[^17]

Additionally, while we dismiss the application on the above basis, we
take this opportunity to apprise Intelsat of some issues it may wish to
address should it choose to refile its application. We remind Intelsat
that pursuant to ITU Radio Regulation 18.1 "\[n\]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 ...." We note
however, that the agreement between Intelsat and Indosat states that the
Indonesian Administration shall remain the sole registered user of the
150.5° E.L. orbital location for purposes of ITU's Radio Regulatory
Processes. In refiling its application, we request that Intelsat provide
clarification in this matter. Specifically, we request that Intelsat
obtain an acknowledgment from the Indonesian Administration of the
understanding that the United States Federal Communications Commission
will remain the licensing administration and the notifying
administration with respect to operations of the INTELSAT 602 satellite,
including operations at the 150.5° E.L. orbital location.[^18] We also
request that Intelsat submit a copy of any written authorizations or
concessions issued to Indosat concerning operations of the INTELSAT 602
satellite at the 150.5° E.L. orbital locations.

If you have any questions, please do not hesitate to call Jabin Vahora
of my staff at (202) 418-1229.

Sincerely,

Thomas S. Tycz

Chief

Satellite Division

cc: Carl R. Frank

Chin Kyung Yoo

Counsels for Intelsat LLC

Wiley Rein & Fielding LLP

1776 K Street NW

Washington, DC 20006

[^1]: *See* Intelsat LLC, Application to Modify Authorization for the
    INTELSAT 602 satellite; File No. SAT-MOD-20050208-00027; Call Sign:
    S2389 (INTELSAT 602 Application).

[^2]: *See* INTELSAT 602 Application at p. 1.

[^3]: 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 Application at p. 2.

[^4]: We note that the INTELSAT 602 satellite includes frequencies in
    the C-band, specifically the 5850-5925 MHz frequency band that is
    not included in Indonesia's ITU filings.

[^5]: 47 C.F.R. § 25.114(c).

[^6]: 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, 10852 ¶ 244
    (2003) (*First Space Station Reform Order*); International Bureau to
    Streamline Satellite and Earth Station Processing, *Public Notice*,
    Report No. SPB-140, October 28, 1998 (emphasizing the obligation to
    comply with 47 C.F.R. § 24.114(c) and stating that applications that
    did not comply would be dismissed). Since the *First Space Station
    Reform Order* was adopted, the Bureau has strictly enforced its Part
    25 rules and has returned over 20 applications as defective. *See*
    Echostar Satellite LLC, Application for Authority to Construct,
    Launch and Operate a Geostationary Satellite in the Fixed Satellite
    Service Using the Extended Ku-Band Frequencies at the 101° W.L.
    Orbital Location, *Order on Reconsideration*, DA 04-4056, para. 14
    (rel. Dec. 27, 2004) (contains a partial listing of dismissed
    applications).

[^7]: *First Space Station Reform Order*, 18 FCC Rcd at 10852 para. 244
    (*citing* Amendment of the Commission\'s Space Station Licensing
    Rules and Policies, *Notice of Proposed Rulemaking,* 17 FCC Rcd at
    3875 (para. 84) (2002)).

[^8]: *First Space Station Reform Order*, 18 FCC Rcd at 10765-66 para.
    4.

[^9]: 47 C.F.R. § 25.140(b)(2).

[^10]: *See* Intelsat 602 Application at Technical Appendix, p. 5. We
    note that the Indosat satellite does not have the same technical
    characteristics as the INTELSAT 602 satellite. Intelsat states in
    its application that Indosat, a private company, holds a concession
    from the Administration of Indonesia to operate a satellite in the
    C- and Ku frequency bands at the 150.5° E.L. location, however we
    note that we do not have access that document.

[^11]: *See* INTELSAT 602 Application at Technical Appendix, p. 5.

[^12]: *Supra* note 7. *See also* INTELSAT 602 Application, Technical
    Appendix, p. 6.

[^13]: *See* INTELSAT 602 Application, Technical Appendix, p. 6

[^14]: *Id* at p. 3.

[^15]: *Id* at p. 4. Specifically, Intelsat provides the following
    equations for Uplink psd, C-band: -47 to -45 + X, and Ku-band: -50
    +X dBW/Hz.

[^16]: *Public Notice*, International Bureau Satellite Division
    Information: Clarification of 47 C.F.R. § 25.140(b)(2), Space
    Station Application Interference Analysis, No. SPB-195, 18 FCC Rcd
    25099 (2003) (*Interference Analysis* *Public Notice*); *Public
    Notice*, International Bureau Satellite Division Information:
    Clarification of 47 C.F.R. 25.140(b)(2), Space Station Interference
    Analysis, SPB-207, DA 04-1708, (rel. June 16, 2004) (*Second
    Interference Analysis Public Notice*).

[^17]: We note that if Intelsat refiles an application identical to the
    one dismissed, with the exception of supplying the missing
    information, it need not pay a further application fee. *See* 47
    C.F.R. §1.1109(d).

[^18]: *See* PanAmSat Licensee Corporation, Application for Modification
    of License for the PAS 9 Satellite, *Order and Authorization,* 19
    FCC Rcd. 16,642, 16,644, para. 6. fn 19 (2004). PanAmSat provided an
    e-mail from Nashaat M. Waheeb, Director, Satellite Control Network,
    Arabsat, stating that "Saudi Arabia, being the notifying
    administration for ARABSAT, has licensed ARABSAT to operate its
    systems\' satellites at 26 E.L.. Saudi Arabia has not, however,
    licensed PanAmSat\'s operation of PAS-5 at 26.15 E.L., which we
    recognize is governed by the authorization provided by the U.S.
    Federal Communications Commission."