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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) PANAMSAT LICENSEE CORP. ) File No. 111-SAT-P/LA-97 ) SAT-AMD-19990615-00067 Application for authority to launch ) and operate a C/Ku-band hybrid ) Fixed-Satellite Service space station ) ORDER AND AUTHORIZATION Adopted: February 25, 2000 Released: February 25, 2000 By the Chief, Satellite and Radiocommunication Division: I. INTRODUCTION 1. By this Order, we grant PanAmSat Licensee Corp. ("PanAmSat") authority to operate its Galaxy XI satellite, first, on an interim basis at 99° W.L., and, ultimately, at its assigned 91° W.L. orbit location. This will allow PanAmSat to continue to provide service to customers who have come to rely on satellite facilities that Galaxy XI will replace. II. BACKGROUND 2. In August 1997, PanAmSat filed an application for authority to launch and operate a C/Ku-band hybrid communications satellite known as Galaxy II(H) at 74° W.L. In June 1999, PanAmSat amended the application to rename the satellite Galaxy XI and to relocate Galaxy XI from 74° W.L. to 91° W.L. PanAmSat states that the most efficient use of Galaxy XI's capacity would be to station it at 91° W.L. as a replacement for the Galaxy VII satellite. Because of the untimely loss of the Galaxy IV satellite in May 1998, however, PanAmSat further requests authority to locate Galaxy XI, on an interim basis, at the 99° W.L. orbital location previously occupied by Galaxy IV. PanAmSat also proposes to modify its spacecraft to add the use of "extended Ku-band frequencies" for both domestic and international services and to expand the spacecraft's coverage area for both standard and extended Ku-band to include South America.According to PanAmSat, this would allow it to continue to provide services to its customers from that location pending the launch of the Galaxy IV-R satellite in the year 2000. Once Galaxy IV-R commences service, PanAmSat will relocate Galaxy XI to 91° W.L. Galaxy XI will provide a wide range of communications services, including programming distribution, VSAT service, video backhaul, satellite news gathering, teleconferencing, and high-speed image transmissions, to satellite users in North, South, and Central America. Galaxy XI was launched on December 21, 1999. III. DISCUSSION 3. We find that PanAmSat is legally, financially, technically and otherwise qualified to launch and operate the Galaxy XI satellite and that a grant of its application will serve the public interest. PanAmSat's legal qualifications are a matter of record and the Commission has on several occasions found that PanAmSat possesses the necessary legal qualifications to be a Commission licensee. With respect to financial qualifications, PanAmSat provided a balance sheet and income statements of its parent, Hughes Electronic Corporation ("HEC"), demonstrating adequate funds to finance the construction, launch, and operation for one year of Galaxy XI. HEC's balance sheet as of December 31, 1998 shows total current assets of $3.8 billion which is more than adequate to cover PanAmSat's projected cost of $297 million to construct, launch, and operate Galaxy XI for one year. Further, we find that Galaxy XI complies with all Commission technical requirements. 4. To ensure service continuity to both operators and their customers, the Commission will generally authorize replacement satellites at the same location as the satellites they are replacing. Here, the Galaxy XI satellite will replace the Galaxy VII satellite at 91° W.L. when it reaches its end-of-life in 2000 but, in the interim, will replace the Galaxy IV satellite at 99° W.L until the Galaxy IV-R satellite is operational. Thus, use of Galaxy XI at these locations will ensure continuity of service to PanAmSat customers. 5. Harris Corporation-Farinon Division ("Harris") and Digital Microwave Corporation ("DMC") filed joint comments in response to PanAmSat's application, noting their concern that PanAmSat's proposed fixed-satellite service ("FSS") system could cause harm to existing and potential fixed service operations. According to Harris and DMC, if PanAmSat provides FSS in the United States in the 10.95-11.2 GHz and 11.7-12.2 GHz bands, its operations may cause harmful interference to fixed-service operations in these bands. Consequently, Harris and DMC argue that a grant of the application must be deferred until a study is conducted to determine whether FSS and fixed terrestrial service systems can operate compatibly in these frequency bands. Harris and DMC also argue that to facilitate co-primary use of the 11 GHz band in the United States satellite applicants must include the following additional information in their applications: (1) earth station deployment plans, antenna size and elevation, receiver noise floor, orbit, antenna, transmit power, and bandwidth characteristics, and (2) the number of satellites in its system, elevation, orbit, antenna, transmit power, and bandwidth characteristics of the satellites. 6. PanAmSat states that its proposed operations in the 10.95-11.2 GHz and 11.7-12.2 GHz bands are in accord with the Table of Frequency Allocations. Specifically, PanAmSat notes that the 11.7-12.2 GHz band is allocated to the FSS on a primary basis. PanAmSat also notes that Commission rules expressly contemplate sharing between co-primary terrestrial and satellite operations in the 10.95-11.2 GHz band. PanAmSat states that because it will comply with the power flux density limit specified in the Commission's rules for satellite systems operating in these bands, its operations will not interfere with co-primary terrestrial systems operating in the same band. 7. We find no basis for Harris and DMC's argument that we should defer grant of PanAmSat's application because operation of Galaxy XI in the 11.7-12.2 GHz frequency band will result in harmful interference to existing or planned fixed-service operations in that band. PanAmSat's proposed use of "conventional" Ku-band frequencies is in accord with the primary allocation to FSS set forth in the Table of Frequency Allocations. The fixed services operate in the 11.7-12.1 GHz frequency bands on a secondary basis and are not protected against potential interference from primary services. Moreover, there is no allocation in the international Radio Regulations to the fixed-services in the12.1-12.2 GHz band in Region 2. We also note that the PanAmSat satellites that Galaxy XI will replace are already operating in the 11.7-12.2 GHz frequency band, with no reported cases of interference to terrestrial stations. 8. There is also no basis for Harris and DMC's concern about the potential for interference between fixed service systems and FSS systems in the 10.95-11.2 GHz frequency band. Domestically and internationally, the 10.7-11.7 GHz frequency band is allocated to the fixed service and to the FSS on a co-primary basis for space-to-Earth transmissions. Given the power flux density limits specified in the Commission's rules for operations in these bands, we do not believe that operation of Galaxy XI will cause interference to other co-primary services in this band. 9. Since PanAmSat's proposed operation of the Galaxy XI satellite in the 10.95-11.2 GHz and 11.7-12.2 GHz bands is in accord with the Table of Frequency Allocations and other Commission rules, we find no need to condition this authorization on the completion of future FSS/fixed service sharing studies or the submission of additional information by PanAmSat. Harris and DMC's request for a study and additional information is based on its desire to facilitate co-primary use of the conventional Ku-band in the future. This consideration is outside the scope of our action here and has no bearing on whether PanAmSat should be authorized to launch and operate Galaxy XI to replace existing satellites. We also note that Section 25.251(b) of the Commission's Rules, 47 C.F.R.  25.251(b), which the commenters cite as support for its argument that PanAmSat should supply the Commission with additional information, pertains to the coordination of earth stations with terrestrial stations. These rules will be addressed when considering earth station applications that propose to operate with Galaxy XI. 10. 13.75-14.0 GHz Frequency Band. The 13.75-14.0 GHz band has been allocated domestically and internationally to the fixed-satellite service (FSS), subject to restrictions embodied in certain footnotes to the regulations. In particular, footnote S5.503A to the International Telecommunication Union (ITU) Radio Regulations requires that, prior to 1 January 2000, the FSS shall not cause harmful interference to non-geostationary space stations in the space research and Earth exploration-satellite services. There are further restrictions placed on the FSS in footnotes S5.502 and S5.503. In addition, concerning domestic allocations, footnote US337 to 47 C.F.R.  2.106 requires that coordination of earth stations operating in the 13.75-13.80 GHz band through the National Telecommunications and Information Administration (NTIA) Interdepartment Radio Advisory Committee's Frequency Assignment Subcommittee in order to minimize interference to the forward space-to-space link of the National Aeronautics and Space Administration's Tracking and Data Relay Satellite System. In this regard, we have received a letter from the NTIA requesting that we identify these requirements in any grant of authority to operate a satellite in the 13.75-14.0 GHz band. We, therefore, will require that the operations of the Galaxy XI satellite in the band 13.75-14.0 GHz be consistent with these international and domestic regulatory footnotes. 11. Finally, we grant PanAmSat's request to include coverage of South America from the Galaxy XI spacecraft. We note that DISCO I changed the policy that previously limited domestic fixed-satellites from providing international service. The new policy, instead, eliminated the distinction between U.S.-licensed domestic fixed-satellites and international separate system satellites. Therefore, Galaxy XI may serve South America in this situation, subject to the usual requirements of  25.211 concerning international coordination and the requirement to comply with applicable laws regulations, rules, and licensing procedures in the countries it wishes to serve. IV. CONCLUSION AND ORDERING CLAUSES 12. As set forth above, PanAmSat possesses the requisite legal, financial, and technical qualifications to construct, launch and operate the Galaxy XI satellite. We also find that a grant of PanAmSat's application will serve the public interest by ensuring continuity of service for the customers of those satellites that Galaxy XI will replace. 13. Accordingly, IT IS ORDERED that PanAmSat's application, File No. SAT-AMD- 19990615-00067, as amended, IS GRANTED and PanAmSat is authorized to launch and operate its Galaxy XI satellite at 99° W.L. on an interim basis pending launch and operation of the Galaxy IV-R satellite into that location, and then operate at 91° W.L. in accordance with terms, conditions, and technical specifications set forth in its application. 14. IT IS FURTHER ORDERED that, PanAmSat shall prepare the necessary information, as may be required, for submission to the ITU to initiate and complete the advance publication, international coordination, and notification process of this space station in accordance with the ITU Radio Regulations. We also remind all licensees that no protection from interference caused by radio stations authorized by other administrations is guaranteed unless coordination procedures are timely completed or, with respect to individual administrations, by successfully completing coordination agreements. Any radio station authorization for which coordination has not been completed may be subject to additional terms and conditions as required to effect coordination of the frequency assignments of other administrations. See 47 C.F.R.  25.111(b). 15. IT IS FURTHER ORDERED that the operation of the Galaxy XI satellite network in the 13.75-14.0 GHz band shall be in accordance with footnotes S5.502 and S5.503 to the international Radio Regulations and footnote US337 to 47 C.F.R.  2.106. 16. IT IS FURTHER ORDERED that the operation of the Galaxy XI satellite network in the 13.75-14.0 GHz band shall be in accordance with footnote S5.503A to the international Radio Regulations. 17. IT IS FURTHER ORDERED that the operation of the Galaxy XI satellite network in the 10.95-11.2 GHz band is limited to international operations in accordance with NG104. 18. IT IS FURTHER ORDERED that PanAmSat is obliged to comply with the applicable laws, regulations, rules, and licensing procedures in those countries it proposes to serve. 19. IT IS FURTHER ORDERED that the license term for the Galaxy XI satellite is ten years and will begin to run on the date the licensee certifies to the Commission that the satellite has been successfully placed into orbit and its operation fully conforms to the terms and conditions of this authorization. 20. PanAmSat is afforded thirty days from the date of release of this order and authorization to decline this authorization as conditioned. Failure to respond within this period will constitute formal acceptance of the authorization as conditioned. 21. The 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 adoption. 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 and Radiocommunication Division