Before the

Federal Communications Commission

**Washington, D.C. 20554**

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| In the matter of                 | *  | File No.                     |
|                                  | *) | SAT-MOD-20011025-00092       |
| **INTELSAT LLC**                 | ** |                              |
|                                  |    | Call Sign: S2407             |
| Modification of Authorization to | *  |                              |
| Launch C-band and Ku-band        | *) |                              |
| Satellites that Form a Global    | ** |                              |
| Communications System in         |    |                              |
| Geostationary Orbit              | *  |                              |
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**ORDER AND AUTHORIZATION**

**Adopted: February 12, 2002 Released: February 13, 2002**

By the Deputy Chief, Satellite and Radiocommunication Division,
International Bureau:

# introduction

1.  By this *Order,* we modify the launch milestone deadline and the
    corresponding in-service date for INTELSAT 903, to be operated by
    Intelsat LLC. The five-month extensions will allow Intelsat LLC to
    correct unforeseen technical problems with the spacecraft, while
    continuing to serve its customers from its in-orbit satellite.

# BACKGROUND

2.  On August 8, 2001, the Commission granted Intelsat LLC authority to
    operate 17 in-orbit C-band and Ku-band satellites then-owned and
    operated by the International Telecommunications Satellite
    Organization (INTELSAT).[^1] The Commission also granted Intelsat
    LLC authority to construct, launch, and operate 10 satellites
    planned by INTELSAT. In the licensing order, the Commission
    specified construction and launch milestones for the planned
    satellites based on a schedule proposed by Intelsat LLC.[^2]
    INTELSAT 903, one of the planned satellites, was given a launch
    milestone date of November 2001.[^3] INTELSAT 903 is a replacement
    satellite for INTELSAT 603 at 24.5º W.L.[^4]

3\. On October 25, 2001, Intelsat LLC filed a request to extend the
launch milestone date for INTELSAT 903 from November 2001 to April 2002,
in order to correct certain technical problems.[^5] Intelsat LLC also
requests a corresponding extension for INTELSAT 903's "in-service"
date.[^6] No comments or oppositions were filed in response to Intelsat
LLC's request.[^7] For the reasons discussed below, we extend INTELSAT
903's launch milestone from November 2001 to April 2002 and grant a
corresponding extension for its "in-service" date.

**DISCUSSION**

1.  Intelsat LLC requests authority to extend the launch milestone date
    and corresponding "in-service" date for INTELSAT 903. According to
    Intelsat LLC, this extension is necessary because the satellite's
    manufacturer needs additional time to correct technical
    problems.[^8] Additionally, Intelsat LLC states that since INTELSAT
    903 is a replacement satellite for an already existing satellite
    there is no danger of service being lost by the delay.[^9] In its
    request, Intelsat LLC also emphasizes its strong commitment to
    launching and operating the satellite. Intelsat LLC further explains
    that the requested April 2002 launch date is only an outside date
    and the launch of INTELSAT 903 is likely to occur sooner.[^10]

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3.  Generally, we grant milestone extensions only when the delay is due
    to circumstances beyond the control of the licensee.[^11] We have
    found that unanticipated technical problems with a satellite during
    construction constitute a circumstance beyond the licensee's control
    and justify a brief milestone extension.[^12] The circumstances
    presented by Intelsat LLC are consistent with this standard.
    Specifically, Intelsat LLC states that the manufacturer of INTELSAT
    903 is correcting two technical problems that have arisen in
    orbiting satellites of the same design.[^13] In addition, the
    extension sought here is relatively brief and commensurate with the
    time needed to effect the necessary repairs and launch the
    satellite. Under the circumstances presented here, we find that a
    grant of Intelsat LLC's application to modify the launch milestone
    deadline for INTELSAT 903 and extend its corresponding "in service"
    date, will serve the public interest by allowing Intelsat LLC
    additional time to ensure that INTELSAT 903 is technically capable
    of providing services anticipated by the public.

    **ORDERING CLAUSES**

4.  Accordingly, IT IS ORDERED that, the Request for Extension of
    Milestone Date for Launch of INTELSAT 903, File No.
    SAT-MOD-20011025-00092 is GRANTED. The launch milestone date of
    INTELSAT 903 is EXTENDED from November 2001 to April 2002, with a
    corresponding extension for INTELSAT 903's "in-service" date.

5.  IT IS FURTHER ORDERED that, unless extended by the Commission for
    good cause shown this authorization shall become NULL AND VOID in
    the event the space station is not launched and successfully placed
    into operation in accordance with this authorization.

6.  IT IS FURTHER ORDERED that this authorization is subject to the same
    terms and conditions set forth in the *INTELSAT LLC Orders*, 15 FCC
    Rcd 15460, *recon. denied,* 15 FCC Rcd 25234 (2000), *further
    proceedings,* 16 FCC Rcd 12280 (2001).

7.  This Order is issued pursuant to Section 0.261 of the Commission's
    Rules, 47 C.F.R. §0.261, and is effective upon release.

    FEDERAL COMMUNICATIONS COMMISSION

    Fern J. Jarmulnek

    Deputy Chief,

    Satellite and Radiocommunication Division

[^1]: *See Application of Intelsat LLC for Authority to Operate, and to
    Further Construct, Launch, and Operate C-band and Ku-band Satellites
    that Form a Global Communications System in Geostationary Orbit,*
    Memorandum Opinion Order and Authorization, 15 FCC Rcd 15460,
    *recon. denied,* 15 FCC Rcd 25234 (2000), *further proceedings,* 16
    FCC Rcd 12280 (2001) (*Intelsat LLC Orders*)*.* Intelsat LLC is a
    U.S. corporation created by INTELSAT for the purpose of owning and
    operating INTELSAT's C-band and Ku-band satellites upon INTELSAT's
    privatization. INTELSAT privatized on July 18, 2001. The term
    "C-band" refers here to the 3700 - 4200 MHz and 5925 - 6425 MHz
    frequency bands; the term "Ku-band" refers to the 11.7 - 12.2 GHz
    and 14.0 - 14.5 GHz frequency bands.

[^2]: *Intelsat LLC Orders,* 15 FCC Rcd at 15513 (¶ 156).

[^3]: *Id.*

[^4]: *Id.* at 15521 (Appendix A, Table 1).

[^5]: Intelsat LLC Request for Extension of Milestone Date for Launch of
    INTELSAT 903, File No. SAT-MOD-20011025-00092 (October 25, 2001)
    (Intelsat LLC Milestone Extension Request).

[^6]: The extension of the launch milestone date would also require a
    corresponding extension of the "in-service" date, which is 6 to 8
    weeks after a successful launch. *See Intelsat LLC Orders* at 15521
    n. aa1. *See also* Intelsat LLC Milestone Extension Request.

[^7]: *See* Public Notice, Report No. SAT-00091 (rel. November 21,
    2001).

[^8]: Intelsat LLC Milestone Extension Request at 2.

[^9]: *Id*.

[^10]: *Id*.

[^11]: 47 C.F.R. § 25.117(e)(1). *See also Earth Watch Incorporated,*
    *Modification of Authorization to Construct, Launch and Operate a
    Remote Sensing Satellite* System, Order and Authorization, 15 FCC
    Rcd 13594, 13596-97 (¶ 8) (Int'l. Bur. 2000); *Columbia
    Communications Corporation, Application for Amendment to Pending
    Application to Extend Milestones*, Memorandum Opinion and Order, 15
    FCC Rcd 16496, 16497 (¶ 4) (Int'l. Bur. 2000); *National Exchange
    Satellite, Inc., Extension of Time to Construct and Launch Space
    Stations in the Domestic Fixed Satellite Service*, Memorandum
    Opinion and Order, 7 FCC Rcd 1990, 1991 (¶ 8) (Com. Car. Bur. 1992);
    *Hughes Communications Galaxy, Inc., Application for Modification of
    Construction Permits and Licenses for the Galaxy 4-R and Galaxy A-R
    Domestic Fixed-Satellites*, Order and Authorization, 5 FCC Rcd 3423,
    3424 (¶ 11) (Com. Car. Bur. 1990); *MCI Communications Corporation,
    Extensions of Time to Construct and Launch Space Stations in the
    Domestic Fixed-Satellite Service*, Memorandum Opinion and Order, 2
    FCC Rcd 233, 233 (¶ 5) (Com. Car. Bur.1987).

[^12]: *See AMSC Subsidiary Corporation, Application for Modification of
    Construction Permit and License for the AMSC-1 Satellite*, Order and
    Authorization, 10 FCC Rcd 3791, 3791 (¶ 4) (Satellite and
    Radiocommunication Div., 1995) (short milestone extension granted to
    permit licensee to resolve unanticipated technical problems with
    antenna); *American Telephone and Telegraph Company,* *Application
    for Modification of Construction Permit and License for the Telstar
    402 Satellite*, Order and Authorization, 9 FCC Rcd 2607, 2607 (¶ 4)
    (Domestic Facilities Div., 1994) (short milestone extension granted
    to permit licensee to resolve unanticipated technical problems).

[^13]: Intelsat LLC Milestone Extension Request at 2.