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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 the Satellite Radio Applications For Earth Stations To Operate With INTELSAT Satellites Transferred to New Skies Satellites N.V. File Nos. See Attachment (Appendix A) Order and Authorization Adopted: June 9, 1999 Released: June 9, 1999 By Chief, Satellite and Radiocommunication Division: 1. By this Order, and on our own motion, we grant six earth station applicants Special Temporary Authority (STA) until June 30, 1999 to operate with the satellites that transferred from INTELSAT to New Skies Satellites, N.V. (New Skies). We find that this action is consistent with the INTELSAT Assembly of Parties decision creating New Skies and affords operators seeking to provide new satellite services using the New Skies satellites an opportunity to access the satellites to provide additional service options to U.S. consumers. 2. The Commission may grant a temporary authorization for a period not to exceed 180 days, upon a finding that there are extraordinary circumstances requiring temporary operation in the public interest and that delay in the institution of these temporary operations would seriously prejudice the public interest. We previously have granted special temporary authority to U.S. earth station operators that were providing Fixed-Satellite Services (FSS) (excluding Direct-to-Home service) using the INTELSAT satellites before they transferred to New Skies to continue operating with those satellites after the transfer occurred. In addition, we have received requests from several U.S. earth station operators that have never before accessed the New Skies satellites to provide FSS services in the United States. 3. We find that granting the pending STA requests is consistent with the Assembly of Parties Decision and affords operators seeking to provide new satellite services using the New Skies satellites an opportunity to access the satellites which in turn will increase satellite service options for U.S. consumers and businesses. Therefore, we grant special temporary authority to the earth station applicants listed in Appendix A, until June 30, 1999, pending final Commission action on the underlying applications will increase service options for U.S. consumers. 4. The authorizations are temporary only and do not prejudice Commission action on the underlying applications for regular authority to operate with the New Skies satellites. The underlying applications raise several complex issues, including competition issues and technical interference issues. Consequently, earth station operators providing service under this STA will be acting at their own risk that the underlying applications could be denied or could contain conditions to mitigate potential problems. Moreover, these STA authorizations do not permit earth station operators to provide any Direct-to-Home services. Furthermore, the STA authorizations are subject to the condition that operations shall not exceed the radio frequency exposure limits required by Part 1 of the Commission's rules and shall not cause any unacceptable or harmful radio interference to any other lawfully operated radio stations. If such interference occurs, operations shall cease immediately upon notification of interference. Any complaints of unacceptable or harmful interference shall be forwarded immediately to the International Bureau, in writing. 5. Accordingly, IT IS ORDERED that pursuant to 47 U.S. C.  309(f), the earth station operators listed in Appendix A ARE GRANTED Special Temporary Authority to operate via the New Skies satellites for the provision of Fixed Satellite Services, excluding Direct-to-Home service, for a period beginning June 9, 1999 and ending June 30, 1999, subject to the conditions specified in this Order. All expenses for operation shall be at the applicants' own risk and this action shall not prejudge any action the Commission may take on the respective applications for permanent authority. 6. IT IS FURTHER ORDERED that all earth station operators listed in Appendix A must comply with the radio frequency exposure limits required by Part 1 of the Commission's rules and in particular must turn off the transmitter(s) during antenna maintenance so that the FCC-specified safety guidelines for human exposure to radiofrequency radiation are complied within the region between the feed and the reflector. 7. IT IS FURTHER ORDERED that pursuant to the Section 25.119(a) of the Commission's rules, 47 C.F.R.  25.119(a), a copy of the Special Temporary Authority (STA) shall be forwarded to the Commission's Columbia Operation Center (COC). Applicants shall also notify the Engineer-in-Charge (EIC) at the COC (301) 725-3474 prior to operation of the earth station. All of these applicants shall take steps to immediately resolve any interference conflicts which they may cause, including cessation of all operations, upon notification from the EIC. 8. IT IS FURTHER ORDERED that no unacceptable or harmful interference shall be caused to any other lawfully operated radio station and if such interference occurs, the earth station operator will cease operation immediately upon notification of such interference. 9. IT IS FURTHER ORDERED that this authorization is issued pursuant to Sections 0.261 and 25.120 of the Commission's rules, and is effective upon adoption. 47 C.F.R.  0.261 and 47 C.F.R.  25.120. FEDERAL COMMUNICATIONS COMMISSION Thomas S. Tycz Chief, Satellite and Radiocommunication Division International Bureau APPENDIX A - NEW SKIES NEW SKIES CALL SIGN STA FILE NUMBER APPLICANT NAME SATELLITE, N.V. (NS) E980107 SES-STA-19981130-01809 CONUS COMMUNICATIONS NS K @ 338.5 EL COMPANY LIMITED PARTNERSHIP E980517 SES-STA-19981209-02138 U.S. ELECTRODYNAMICS, INC. NS 803 @ 338.5 EL NS 806 @ 319.5 EL E8634 SES-STA-19990211-00306 CRAWFORD COMMUNICATIONS, NS 803 @ 338.5 EL INC. SES-STA-19990324-00462 MCA Research Corporation NS 806 @ 319.5 EL E980122 SES-STA-19990329-00411 GLOBECOMM SYSTEMS, INC. NS 803 @ 338.5 EL E990142 SES-STA-19990402-00487 U.S. ELECTRODYNAMICS, INC. NS 806 @ 319.5 EL E890197 SES-STA-19990601-00731 DCI II, Inc. NS 803 @ 338.5 EL (reinstate its License) NS 806 @ 319.5 EL NS K @ 338.5 EL