LMI Advisors, LLC 2550 M Street, NW Suite 300 Washington DC 20037

July 15, 2020

Ms. Marlene H. Dortch, Secretary Federal Communications Commission 445 12th Street, SW Washington, DC 20554

Re: Written Ex Parte Communication, Assessment and Collection of Regulatory Fees, MD Docket No. 20-105

Dear Ms. Dortch:

On May 13, 2020, the Federal Communication Commission (“FCC” or “Commission”) released a Report and Order (“R&O and NPRM”) establishing regulatory fees for foreign- licensed satellite operators with U.S. Market Access.1 The R&O and NPRM sets forth a deadline for foreign-licensed satellite operators to correct the record to enable the International Bureau and the Office of Managing Director an opportunity to create a definitive list of market access grants.2 Accordingly, submits this information regarding its current satellite operations to update the market access information included in the R&O and NPRM.3

I. EUTELSAT 172B (S3021) Should not be Double-Counted as both a Non-U.S.- Licensed and U.S.-Licensed Satellite.

In Appendix F of the R&O and NPRM, EUTELSAT 172B is listed as a non-U.S.- licensed space station,4 but the satellite is also included as U.S.-licensed (the licensee is a Eutelsat subsidiary, ES 172 LLC) in the FCC’s Approved Space Station List.5 The satellite actually operates under authorizations and ITU filings of both the U.S. and French

1 Assessment and Collection of Regulatory Fees for Fiscal Year 2020, Report and Order and Notice of Proposed Rulemaking, MD Docket Nos. 19-105, 20-105 (rel. May 13, 2020) (“R&O and NPRM”). 2 Id.at ¶ 31. 3 Eutelsat notes that it is participating in an appeal of the R&O and NPRM at the U.S. Court of Appeals for the District of Columbia Circuit. See Telesat Canada, et al. v. FCC, Case No. 20-1234. Eutelsat’s submission is not intended to indicate acceptance of the Commission’s statutory authority to impose regulatory fees on foreign-licensed satellite operators and Eutelsat expressly reserves all rights in connection with the D.C. Circuit appeal. 4 R&O and NPRM at Appendix F. 5 See Approved Space Station List, Federal Communications Commission, https://www.fcc.gov/approved-space-station-list.

Eutelsat S.A. Written Ex Parte Communication, MD Docket No. 20-105 July 15, 2020 administrations. Eutelsat respectfully requests that the Commission remove EUTELSAT 172B from the foreign-licensed list to avoid imposing more than one regulatory fee for this satellite identified under the single Call Sign S3021.

II. 1 (S2595) and EUTELSAT II-F2 (S2702) Are No Longer in Operation.

The R&O and NPRM allows operators to relinquish or surrender any market access grants that may no longer be necessary.6 Appendix F of the R&O and NPRM lists Atlantic Bird 1 and EUTELSAT II-F2 as non-U.S.-licensed space stations,7 but these satellites are no longer in operation. Therefore, Eutelsat has formally surrendered its market access grants for Atlantic Bird 1 and EUTELSAT II F-2 (see attached surrender letters, also filed in the respective dockets) and respectfully requests the removal of these satellites from the foreign-licensed list. Eutelsat also requests the Commission to remove these satellites from the FCC’s Approved Space Station List.

III. EUTELSAT 10A (M0311), (M090167), (E140097), and, EUTELSAT 7A (E140097) are Points of Communication for ESAA Authorizations Only and Should not be Included in Any Fee Calculation. Eutelsat operates multiple satellites as points of communication for FCC-licensed earth stations aboard aircraft (“ESAAs”). Paragraph 30 of the R&O and NPRM states that non-U.S.- licensed space stations that have been identified as points of communication for U.S.-licensed ESAA terminals but do not access these terminals in the United States or its territorial waters do not fall within the category of non-U.S.-licensed space stations with access to the U.S. market for regulatory fee purposes.8 The following Eutelsat satellites serve as authorized points of communication for ESAAs operating in international and foreign airspace only: Common Name Call Sign EUTELSAT 10A (W2A) M0311 EUTELSAT 70B M090167 EUTELSAT 36B E140097 EUTELSAT 7A E140097

(The last two satellites are not listed in Appendix F of the R&O and NPRM but are included as points of communication for ESAAs.) Because these space stations do not serve the U.S. market pursuant to Paragraph 30 of the R&O and NPRM, they should not be counted in any regulatory fee calculation. Therefore, Eutelsat respectfully requests that the Commission remove the relevant satellites from the list of foreign-licensed space stations subject to regulatory fees.

6 R&O and NPRM at ¶ 31. 7 Id.at Appendix F. 8 Id. at ¶ 30.

2

Eutelsat S.A. Written Ex Parte Communication, MD Docket No. 20-105 July 15, 2020

IV. Conclusion Eutelsat greatly appreciates the opportunity to correct the record regarding its satellite operations and market access grants, and requests that the Commission make the adjustments discussed above. If any questions arise with respect to this submission, or if additional information is required, please do not hesitate to contact the undersigned. Respectfully submitted,

Carlos M. Nalda LMI Advisors, LLC

On behalf of Eutelsat S.A.

Attachments

3

LMI Advisors LLC 2550 M Street, NW, Suite 320 Washington, DC 20037

Carlos M. Nalda T +1 571 332 5626 [email protected]

VIA ELECTRONIC FILING

July 15, 2020

Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, SW Washington, DC 20554

Re: Surrender of Authorization, IBFS File No. SAT-PDR-20000214-00059

Dear Ms. Dortch:

Eutelsat S.A. (“Eutelsat”) hereby surrenders the above-referenced market access authority for the EUTELSAT II-F2 satellite (Call Sign S2072), which the Commission granted on August 10, 2000. This satellite is no longer in operation.

Eutelsat appreciates the efforts of the Commission staff in connection with this matter. Should you have any questions regarding this submission, please contact the undersigned.

Respectfully submitted,

Carlos M. Nalda LMI Advisors, LLC On behalf of Eutelsat S.A.

LMI Advisors LLC 2550 M Street, NW, Suite 320 Washington, DC 20037

Carlos M. Nalda T +1 571 332 5626 [email protected]

VIA ELECTRONIC FILING

July 15, 2020

Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, SW Washington, DC 20554

Re: Surrender of Authorization, IBFS File No. SAT-PDR-20010118-00011

Dear Ms. Dortch:

Eutelsat S.A. (“Eutelsat”) hereby surrenders the above-referenced market access authority for the Atlantic Bird 1 satellite (Call Sign S2595), which the Commission granted on August 29, 2001. This satellite is no longer in operation.

Eutelsat appreciates the efforts of the Commission staff in connection with this matter. Should you have any questions regarding this submission, please contact the undersigned.

Respectfully submitted,

Carlos M. Nalda LMI Advisors, LLC On behalf of Eutelsat S.A.