**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the matter of               | **  | > File No.:                  |
|                                | )** | > SAT-MOD-20020919-          |
| **INTELSAT LLC**               |     | >                            |
|                                | **  | > 00178                      |
| Application to Modify          | )** | >                            |
| Authorization for INTELSAT 805 |     | > Call Sign: S2404           |
| to Allow the Provision of      | **  |                              |
| Fixed-Satellite Service        | )** |                              |
| Between Non-U.S. Points in the |     |                              |
| 12.7-12.75 GHz Frequency Band  | **  |                              |
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+--------------------------------+-----+------------------------------+

**ORDER AND AUTHORIZATION**

**Adopted: February 17, 2004 Released: February 18, 2004**

By the Chief, Satellite Division, International Bureau:

# I. introduction

1.  By this *Order*, we grant Intelsat LLC's (Intelsat) request to
    modify its license and operate the INTELSAT 805 satellite on a
    non-harmful interference basis, in the 12.7-12.75 GHz frequency
    band, in the space-to-Earth direction (downlink) to provide service
    to Columbia, Venezuela, Costa Rica, Ecuador, Panama, and El
    Salvador. In doing so, we also grant Intelsat's request to waive
    Section 25.202(a)(1)[^1] of the Commission's rules. We find that
    this action will serve the public interest by enabling Intelsat to
    provide additional satellite services to fulfill consumer service
    demands without causing harm to existing spectrum users.

    **II. BACKGROUND**

2.  On August 8, 2001, the Commission granted Intelsat authority to
    operate 17 in-orbit C-band and Ku-band satellites then-owned and
    operated by the International Telecommunications Satellite
    Organization (INTELSAT).[^2] The Commission also granted Intelsat
    authority to construct, launch, and operate 10 proposed satellites.
    INTELSAT launched the INTELSAT 805 satellite in 1998. The

    INTELSAT 805 satellite has the capability to operate in the C- and
    Ku-bands, including the 12.7-12.75 GHz band. The FCC authorized
    Intelsat to continue operating the INTELSAT 805 satellite at the
    55.5º W.L. orbital location utilizing the C-band and Ku-band.
    Intelsat was authorized to operate the INTELSAT 805 satellite in the
    12.7-12.75 GHz band.

3.  On September 19, 2002, Intelsat filed a request to modify the
    INTELSAT 805 space station authorization, to add the 12.7-12.75 GHz
    frequency band for the provision of downlink fixed-satellite service
    (FSS) on a non-harmful interference basis to non-U.S. points in
    International Telecommunication Union (ITU) Region 2, where the band
    is allocated to the FSS in the Earth-to-space direction only.[^3]
    Intelsat, does not intend to offer service to the United States in
    this frequency band, instead it requests such authority in order to
    provide service to the countries of Columbia, Venezuela, Costa Rica,
    Ecuador, Panama, and El Salvador. Intelsat acknowledges that its
    proposed use of the 12.7-12.75 GHz band in Region 2 does not conform
    to the ITU Table of Frequency Allocations or Sections 2.106 and
    25.202(a)(1) of the Commission's rules.[^4] Intelsat, therefore
    requests that the Commission waive these rule sections for the
    purposes of granting its modification request.[^5] The modification
    application was placed on Public Notice on October 4, 2002. No
    comments or opposition were filed in response to Intelsat's request.

    **III. DISCUSSION**

4.  Intelsat seeks authority to operate the INTELSAT 805 satellite in
    the 12.7-12.75 GHz band for space-to-Earth FSS operations. While ITU
    Regions 1 and 3 contain an FSS space-to-Earth allocation in the
    12.7-12.75 GHz band, ITU Region 2 does not contain such an
    allocation. In Region 2 the 12.7-12.75 GHz band is allocated on a
    co-primary basis to the fixed service, FSS (Earth-to-space) and the
    mobile, except aeronautical mobile, service in the ITU Table of
    Frequency Allocations. In the U.S. Table of Allocations, set forth
    in Section 2.106 of the Commission\'s rules, the 12.7-12.75 GHz band
    is allocated on a co-primary basis to the fixed service, FSS
    (Earth-to-space) and the mobile services.[^6]

5.  Additionally, Section 4.4 of the ITU Radio Regulations states that
    "Administrations of Member States shall not assign to a station any
    frequency in derogation of the Table of Frequency Allocations in
    this Chapter or other provisions of these Regulations, except on the
    express condition that such a station, when using such a frequency
    assignment, shall not cause harmful interference to, and shall not
    claim protection from harmful interference caused by, a station
    operating in accordance with the provisions of the Constitution, the
    Convention and these Regulations."[^7] Intelsat argues that its
    proposed use is consistent with the ITU principle of Section 4.4,
    and therefore Intelsat should be able to provide service in the
    space-to-Earth direction in the 12.7-12.75 GHz band on a non-harmful
    interference basis to the co-primary services to the countries in
    South and Central America points from its U.S-licensed satellite. It
    further contends that it does not intend to offer these services
    within the United States.[^8] Thus, Intelsat seeks a waiver of
    Section 2.106 of the FCC's rules to permit its proposed
    space-to-Earth operations in this band. Additionally, Intelsat seeks
    a waiver of Section 25.202(a)(1) of the Commission's rules. Section
    25.202(a)(1) does not identify the 12.7-12.75 GHz band as a
    "frequency available for use by the fixed-satellite service" in the
    space-to-Earth direction.

6.  Intelsat asserts that granting the waivers would serve the public
    interest by allowing Intelsat to make full use of its existing,
    operating satellite. Intelsat states in its application that the
    INTELSAT 805 satellite already has the technical capability to use
    the 12.7-12.75 GHz frequencies, therefore, grant of these waivers
    would allow Intelsat to fill previously unused capacity on the
    satellite.[^9] Additionally, Intelsat argues that this available
    capacity would be used to fulfill service requirements of new
    customers in ITU Region 2, further serving the public interest in
    meeting growing consumer service needs.[^10] Lastly, Intelsat claims
    that the use of these frequencies will expand the presence of U.S.
    satellite operators in Latin America.

7.  Section 1.3 of the Commission's rules authorizes the Commission to
    waive its rules for "good cause shown."[^11] Waiver is appropriate
    only 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.[^12] Generally, the
    Commission may grant a waiver of its rules in a particular case only
    if the relief requested would not undermine the policy objective of
    the rule in question and would otherwise serve the public
    interest.[^13] In considering requests for non-conforming spectrum
    uses, the Commission has indicated that it would generally grant
    such waivers "when there is little potential for interference into
    any service authorized under the Table of Frequency Allocations and
    when the non-conforming operator accepts any interference from
    authorized services."[^14]

8.  We do not find that authorization of this service requires granting
    a waiver of Section 2.106, because the United States Table of
    Frequency Allocations applies only to operations in the United
    States and the insular areas listed in Section 2.105 (a) footnotes,
    2, 3, and 4.[^15] Intelsat plans to provide service to the countries
    of Columbia, Venezuela, Costa Rica, Ecuador, Panama, and El
    Salvador. This service area in which Intelsat seeks to operate does
    not include jurisdiction of the United States or its possessions,
    therefore a waiver of Section 2.106 is not required.

9.  However, we do find that Intelsat demonstrates that good cause
    exists for waiving Section 25.202(a)(1), and the waiver would
    otherwise serve the public interest. Specifically, granting this
    waiver would serve the public interest in promoting greater spectrum
    efficiency by allowing Intelsat to fully utilize available unused
    capacity on the INTELSAT 805 satellite and by expanding the presence
    of U.S. satellite operators in Latin America. We recognize that
    Intelsat's proposed use of the 12.7-12.75 GHz band might raise the
    possibility of potential interference concerns to other U.S.
    licensees. The beam edges of the satellite downlink footprint
    overlap Puerto Rico, a U.S. territory.[^16] Additionally, the
    12.7-12.75 GHz band in Region 2 overlaps with the authorized
    microwave point-to-point Cable Auxiliary Service (CARS) band, the
    12.7-13.25 GHz band.[^17] Intelsat has provided interference studies
    conducted by COMSEARCH. One study specifically addressed potential
    interference to existing, proposed and prior coordinated microwave
    facilities, including CARS and Broadcast Auxiliary Service (BAS)
    licensees within the islands of Puerto Rico and the Virgin Islands.
    After analyzing the COMSEARCH studies, we conclude that Intelsat's
    proposed use of the 12.7-12.75 GHz band between non-U.S. points from
    its U.S. licensed satellite will not cause harmful interference to
    other authorized U.S. users of that band.[^18] Intelsat has also
    provided potentially affected licensees with frequency coordination
    information and has agreed to obtain any necessary non-U.S
    authorizations to provide its service to users in other countries.
    Intelsat also states that it will agree to operate in this band on a
    non-harmful interference basis.[^19]

10. Under the circumstances presented, we find that a grant of
    Intelsat's application to modify its license and operate the
    INTELSAT 805 satellite in the 12.7-12.75 GHz bands in the
    space-to-Earth direction will not cause harmful interference to
    services operating in conformance with the Table of Allocations and
    will serve the public interest.

    **IV. ORDERING CLAUSES**

11. Accordingly, pursuant to Section 0.261 of the Commission's rules on
    delegation of authority, we grant Intelsat's request to modify its
    license, (File Number SAT-MOD-20020919-00178, Call Sign S2404) and
    operate the INTELSAT 805 satellite at 55.5º W.L. in the frequency
    band 12.7-12.75 GHz in the space-to-Earth direction, subject to the
    following conditions:

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1)  Intelsat shall not cause any harmful interference to existing and
    future authorized users operating in accordance with the U.S. Table
    of Frequency Allocations and shall accept any interference from
    authorized users, including CARS operators, BAS operators, Private
    Operational Fixed Point-to-Point Service (OFS) operators and Common
    Carrier Local TV Transmission Service (LTTS) operators.;

2)  In the event of harmful interference to any authorized services
    operating in accordance with the ITU Table of Frequency Allocations
    resulting from Intelsat's use of the 12.7-12.75 GHz band in Region
    2, Intelsat shall immediately cease operations in that band;

3)  Before operating in the 12.7-12.75 GHz frequency band in the
    space-to-Earth direction, Intelsat shall coordinate with any
    potentially affected terrestrial users in the United States, its
    Possessions and Territories;

4)  Intelsat will prepare any necessary submissions to the International
    Telecommunication Union and to affected administrations for the
    completion of the appropriate notification obligations for these
    frequency assignments in accordance with the ITU Radio Regulations,
    indicating their operation in accordance with Article 4;

5)  Intelsat shall not provide service to the United States or its
    territories in the 12.7-12.75 GHz frequency band;

6)  Intelsat is required to inform its customers in writing, including
    end-users receiving service from resellers accessing capacity on
    INTELSAT 805, that service;

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a.  shall be discontinued should a report of harmful interference
    resulting from this service occur;

b.  is being provided pursuant to authority subject to a non-harmful
    interference basis, and that the customers therefore are not
    protected from harmful interference resulting from services that are
    allocated to this frequency band;

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7)  In the event that Intelsat receives any report of harmful
    interference, Intelsat shall inform the Commission of this and
    provide details of how it has been resolved;

8)  To further protect services in this band, the power flux density
    limits (PFD) at the surface of the Earth for transmissions from the
    satellite in the band 12.7 to 12.75 GHz shall not exceed -138 dB(W/
    m^2^) per 4 kHz in the service area[^20];

9)  The service area is limited to the countries of Colombia, Venezuela,
    Costa Rica, Ecuador, Panama and El Salvador and the beam shall be
    pointed such that the PFD limits at the surface of the Earth do not
    exceed the following:

-148 dB(W/m^2^) per 4 kHz for Elevation angles 5º or less.

-148 + 0.5(θ -5) dB(W/ m^2^) per 4 kHz for Elevation angles 5º\<= θ
\<=25º.

-138 dB(W/ m^2^) per 4 kHz for Elevation angles from 25º to 90º.

12\. IT IS FURTHER ORDERED that Intelsat is afforded thirty days to
decline this authorization as conditioned. Failure to respond within
this period will constitute formal acceptance of the authorization as
conditioned.

13\. 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
application 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]: 47 C.F.R. § 25.202(a)(1).

[^2]: *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. For the purposes of this Order, the term "C-band"
    refers to the 3400 - 4200 MHz and 5850 - 6725 MHz frequency bands;
    the term "Ku-band" refers to the 10.70 - 12.75 GHz and 13.75 - 14.50
    GHz frequency bands.

[^3]: *See Application of Intelsat LLC to Modify Authorization for
    INTELSAT 805 to Allow the Provision of Fixed-Satellite Service
    Between Non-U.S. Points in the 12.7-12.75 GHz Band*, File No.
    SAT-MOD-20020919-00178, (filed September 19, 2002) (Application).

[^4]: *Id.* at 3-4.

[^5]: *Id.*

[^6]: 47 C.F.R. §2.106.

[^7]: ITU Radio Regulations, Art. 4.4 (2001).

[^8]: *See* Application at 3.

[^9]: *See* Application at 5.

[^10]: *Id.*

[^11]: *See* Section 1.3 of the Commission's rules, 47 C.F.R. §1.3. *See
    also* *WAIT Radio v. FCC*, 418 F.2d 1153 (D.C. Cir. 1969) (*WAIT
    Radio*); *Northeast Cellular Tel. Co. v. FCC*, 897 F.2d 1166 (D.C.
    Cir. 1990) (*Northeast Cellular*).

[^12]: *Northeast Cellular*, 897 F.2d at 1166.

[^13]: *WAIT Radio*, 418 F.2d at 1157.

[^14]: *Fugro-Chance, Inc.*, Order and Authorization, 10 FCC Rcd 2860,
    2860 ¶ 2 (Int'l Bur. 1995) (authorizing non-conforming MSS in the
    C-band); *See also Motorola Satellite Communications, Inc.*, Order
    and Authorization, 11 FCC Rcd 13952, 13956 ¶ 11 (Int'l Bur. 1996)
    (authorizing service to fixed terminals in bands allocated to the
    mobile-satellite service).

[^15]: 47 C.F.R. §2.105, footnote 2, 3 and 4.

[^16]: *See* Letter from Thomas S. Dombrowsky, Counsel, Wiley, Rein and
    Fielding, to Ron Netro, Wireless Telecommunications Bureau, dated
    June 12, 2003. (providing supplemental COMSEARCH study) (Supplement)
    at 13.

[^17]: *Id.*

[^18]: *See* Application at 3 and 4. *See* Supplement at 4 and 5.

[^19]: *Id.*

[^20]: The band 12.7 - 12.75 GHz is allocated to FSS (space-to-Earth) in
    ITU regions 1 and 3. These co-primary FSS allocations are shared
    with terrestrial services in ITU region 3 and in certain countries
    in ITU region 1. Article 21.16 of the International Radio
    Regulations imposes power flux density (PFD) limits on satellite
    downlink transmissions in this band in order to protect terrestrial
    services. As Intelsat\'s non-conforming downlink transmissions are
    also in a terrestrial service band, we impose the same PFD limits on
    Intelsat\'s downlink transmissions in this band.