Attachment GRANT

GRANT

DECISION submitted by FCC,IB

GRANT

2005-03-08

This document pretains to SAT-AMD-20050103-00002 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2005010300002_421278

                                                                                               I


      FCC APPLICATION FOR SPACE AND EARTH STATI0N:MOD OR AMD - MAIN FORM        FCC Use Only

                          FCC 3 12 MAIN FORM FOR OFFICIAL USE ONLY

APPLICANT INFORMATION
Enter a description of this application to identify it on the main menu:
DIRECTV GROUP - DIRECTV 10 S2641- 2ndAMD (@                  .- 103 WL)
    -8. Legal Name ofApplicant

             Name:        The DIRECTV Group, Inc.         Phone Number:    3 10-964-0725
             DBA                                          Fax Number:      310-964-0843
             Name:
             Street:      2250 E. Imperial Highway        E-Mail:


             City:        El Segundo                      State:           CA
                                                                                       -
             Country:      USA                            Zipcode:         90245
             Attention:




1


                                       Attachment
                                Conditions of Authorization
                                      March 8,2005

1. DIRECTV Group, Inc.’s (“DIRECTV”) application, SAT-LOA-20040909-00169, Call
   Sign S2641, as amended by SAT-AMD-2004 1122-00210 and SAT-AMD-20050 103-
   00002 IS GRANTED. Accordingly, DIRECTV is authorized to launch and operate its
   DIRECTV-10 Ka-band satellite at the 102.8” W.L. orbit location, in the 18.3-18.8 GHz
   (space-to-Earth), 28.35-28.6 GHz (Earth-to-space) and 29.25-29.5 GHz (Earth-to-space)
   frequency bands in accordance with the terms, conditions, and technical specifications set
   forth in its application, this Attachment, and the Federal Communications Commission’s
   (“Commission”) Rules.
2. DIRECTV-10 must be constructed, launched, and placed into operation in accordance
   with the technical parameters and terms and conditions of this authorization by these
   specified time periods following the date of authorization:

        a.   Execute a binding contract for construction by 3/8/2006
        b.   Complete the Critical Design Review by 3/8/2007
        c.   Commence construction by 3/8/2008
        d.   Launch and begin operations by 3/8/2010
        e.   DIRECTV must file a bond with the Commission in the amount of $3 million,
             pursuant to the procedures set forth in Public Notice, DA 03-2602, 18 FCC Rcd
             16283 (2003), as revised by Amendment of the Commission’s Space Station
             Licensing Rules and Policies, First Order on Reconsideration and Fifth Report
             and Order, FCC 04-147 19 FCC Rcd. 12637 (2004), within 30 days of the date
             of this grant..

    Failure to meet any of these dates shall render this authorization null and void.

3. DIRECTV’s request for a waiver of the cross-polarization isolation requirements,
   contained in Section 25.210(i) of the Commission’s rules is GRANTED. Section
   25.210(i) of the Commission’s rules require the ratio of the on-axis co-polar gain to the
   cross-polar gain of the antenna in the assigned frequency band be at least 30 dB within its
                            ‘
   primary coverage area. The DIRECTV-10 antennas have been designed to meet a
   minimum cross-polarization requirement of 27 dB. DIRECTV states that its cross-
   polarization interference is an intra-system design issue that does not affect inter-system
   coordination and therefore will not affect other Ka-band satellite systems. DIRECTV
   plans to employ digital modulation with forward error correction coding on both
   polarization senses to reduce system sensitivity to cross-polarization interference. In
   addition polarization isolation, directivity and antenna implementation losses have also
   been optimized for best performance. Based on DIRECTV’s representations that it is
   using digital, rather than analog modulation, and that other Ka-band satellite systems will




47 C.F.R.    25.210(i).


         not be affected by its operation, we find that it is in the public interest to waive Section
         25.21 O(i).* We find that this grant is consistent with previous Commission actions?
    4. We GRANT DIRECTV’s request for waiver of Sections S6,4 S7,5 S106and S137 of
       Schedule S. DIRECTV has provided representative data for the beams stating that the
       beams have essentially identical electrical parameters. In addition DIRECTV has
       provided a matrix of connectivity that allows derivation of the transponder combinations.
       Considering the complexity of the DIRECTV- 10 satellite design, the amount of
       information that would need to be provided in these Sections of the Schedule S Form
       would be extensive and, in many ways, redundant. The information provided by
       DIRECTV in its Schedule S Form and application is sufficient for us to determine
       whether the system meets the Commission’s technical requirements. We find that this
       grant is consistent with previous Commission actions.8
     5 . DIRECTV shall prepare the necessary information, as may be required, for submission to
         the ITU to initiate and complete the advance publication, international coordination, due
         diligence, and notification process of this space station, in accordance with the ITU Radio
         Regulations. DIRECTV shall be held responsible for all cost recovery fees associated
         with these ITU filings. We also note that no protection from interference caused by radio
         stations authorized by other administrations is guaranteed unless coordination and
         notification 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. 4 25.1 1 I(b).
     6 . DIRECTV must coordinate its downlink operations for the specific frequencies
         authorized in the 18.3-18.8 GHz band with U.S. Government systems, including
         Government operations to earth stations in foreign countries, in accordance with footnote
         US334 to the Table of Frequency Allocations, 47 C.F.R. tj 2.106.
     7. DIRECTV must conduct its operations pursuant to this authorization in a manner
        consistent with the power flux-density requirements of footnote US255 to the Table of
        Frequency Allocations, 47 C.F.R. tj 2.106,47 C.F.R. tj 25.138(a)(6), and 47 C.F.R. fj
        25.208, of the Commission’s Rules.
     8. The license term for the DIRECTV- 10 satellite, Call Sign S264 1, is fifteen years and will
        begin to run on the date that DIRECTV certifies to the Commission that the satellite has


     47 C.F.R. Q 25.210(i).
   See, e.g., New Skies Satellites, N.V., Petition for Declaratory Ruling, Order, 17 FCC Rcd 10369 at para.
19 (2002) and SES Americom, Inc., Application to Launch and Operate the Americom-23 hybrid
CNdExtended Ku-Band Satellite, File No. SAT-LOA-2003 1218-00358, granted July 13,2004.
4
    This section contains information regarding service areas for the satellite system.
5
   This section contains information regarding space station antenna beam characteristics for each beam of
a satellite system.
6
    This section contains information regarding space station transponders.

’ This section contains information regarding typical emissions.
8
    See DIRECTV Group, Inc. SAT-MOD-20040614-00 113, Grant Stamp November 4,2004


                                                        2


   been successfully placed into orbit and its operation fully conforms to the terms and
   conditions of this authorization.
9. DIRECTV is afforded thirty days from the date of release of this grant and authorization
   to decline this authorization as conditioned. Failure to respond within this period will
   constitute formal acceptance of the authorization as conditioned.
10. This grant is issued pursuant to Section 0.261 of the Commission's rules on delegated
    authority, 47 C.F.R. 8 0.261, and is effective upon release. Petitions for reconsideration
    under Section 1.106 or applications for review under Section 1.115 of the Commission's
    rules, 47 C.F.R. $5 1.106, 1.1 15, may be filed within 30 days of the date of the public
    notice indicating that this action was taken.




                                              3


    9-16. Name of Contact Representative (If other than applicant)

                Name:           William M. Wiltshire                  Phone Number:                        202-730- 1350
                Company: Harris, Wiltshire & Grannis LLP              Fax Number:                          202-730-1301
                Street:         1200 Eighteenth St., N.W.             E-Mail:
                                12 Floor
                City:           Washington                            State:                               DC
                Country:        USA                                   Zipcode:                             20036-
                Contact                                               Relationship:                        Lcgal Counsel
                Title:

I
    CLASSIFICATION OF FILING
                                                                      ~   ~~               ~




     17. Choose the button next to the
     :lassification that applies to this filing for   (N/A) bl . Application for License of New Station
     loth questions a. and b. Choose only one         @/A) b2. Application for Registration of New Domestic Receive-Only Station
     or 17a and only one for 17b.                      @ (N/A) b3. Amendment to a Pending Application

       4 a l . Earth Station                          4 (N/A) b4. Modification of License or Registration
                                                      b5. Assignment of License or Registration
       @   a2. Space Station                          b6. Transfer of Control of License or Registration
                                                      0 (N/A) b7. Notification of Minor Modification
                                                      (N/A) b8. Application for License of New Receive-Only Station Using Non-U.S. Licensed
                                                      Satellite
                                                      @/A) b9. Letter of Intent to Use Non-U.S. Licensed Satellite to Provide Service in the United
                                                      States
                                                       4 (N/A) b10. Other (Please specify)




2


      17c. Is a fee submitted with this application?
    @  IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114).
    0 Governmental Entity 0 Noncommercial educational licensee
    0 Other(p1ease explain):
    17d.

    Fee Classification CWY - Space Station Amendment(Geostationary)




    18. If this filing is in reference to an   19. If this filing is an amendment to a pcnding application enter both fields, if this filing is a
    existing station, enter:                   modification please enter only the file number:
    (a) Call sign of station:                  (a) Date pending application was filed:              (b) File number:
        S264 1
                                               09/09/2004                                           SATLOA2004090900169                             I




3


TYPE OF SERVICE
20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Select all that apply:

Ha. Fixed Satellite
0b. Mobile Satellite
0c. Radiodetermination Satellite
      d. Earth Exploration Satellite
      e. Direct to Home Fixed Satellite
      f. Digital Audio Radio Service
      g. Other (please specify)


21. STATUS: Choose the button next to the applicable status. Choose      22. If earth station applicant, check all that apply.
snly one.                                                                     Using U.S. licensed satellites
Q Common Carrier      @ Non-Common Carrier
                                                                             Using Non-US. licensed satellitcs

23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one. Are these
facilities:
Q Connected to a Public Switched Network    Q Not connected to a Public Switched Network Q N/A

    24. FREQUENCY BAND(S): Place an 'X' in the box(es) next to all applicable frequency band(s).
0    a. C-Band (416 GHz)       0
                           b. Ku-Band (12/14 GHz)
      c.Other (Please specify upper and lower frequencies in MHz.)
         Frequency Lower: 18300             Frequency Upper: 29500           (Please specify additional frequencies in an attachment)




4


TYPE OF STATION
    !5. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one.
    Q   a. Fixed Earth Station
    Q b. Temporary-Fixed Earth Station
    Q c.   12/14 GHz VSAT Network
    Q d. Mobile Earth Station
    @   e. Geostationary Space Station
    0 f. Non-Geostationary Space Station
    0 g. Other (please specifl)

    !6. TYPE OF EARTH STATION FACILITY
    0 TransmiVReceive 0 Transmit-Only              0 Receive-Only      @   N/A
    For Space Station applications, select N/A."




5


PURPOSE OF MODIFICATION

    27. The purpose of this proposed modification is to: (Place an 'X' in the box(es) next to all that apply.)

       0a -- authorization to add new emission designator and related service
       0b -- authorization to change emission designator and related service
       0c -- authorization to increase EIRP and EIRP density
       0d - authorization to replace antenna
            e -- authorization to add antenna
        0f -- authorization to relocate fixed station
        0g -- authorization to change fiequency(ies)
             h -- authorization to add frequency
        0i -- authorization to add Points of Communication (satellites & countries)
            j - authorization to change Points of Communication (satellites & countries)
        0k - authorization for facilities for which environmental assessment and
    padiation hazard reporting is required
             1 -- authorization to change orbit location
        0m -- authorization to perform fleet management
        0n - authorization to extend milestones
            o -- Other (Please specify)




6


ENVIRONMENTAL POLICY

    28. Would a Commission grant of any proposal in this application or amendment have a significant environmental         0 Yes @     No
    impact as defined by 47 CFR 1.1307? IfYES, submit the statement as required by Sections 1.1308 and 1.1311 of
    the Commission's rules, 47 C.F.R. 1.1308 and 1.1311, as an exhibit to this app1ication.A Radiation Hazard Study
    must accompany all applications for new transmitting facilities, major modifications, or major amendments.

I


ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or
aeronautical fixed radio station services are not required to respond to Items 30-34.

    29. Is the applicant a foreign government or the representative of any foreign govemmcnt?                              4 Yes   @   No   4 N/A



    30. Is the applicant an alien or the representative of an alien?                                                       4 Yes   @   No   0 N/A



    3 1. Is the applicant a corporation organized under the laws of any foreign government'?                               4 Yes   @   No   0 N/A



    32. Is the applicant a corporation of which more than one-fifth of the capital stock is owned of record or voted by    4 Yes   @   No   4 N/A
    aliens or their representatives or by a foreign government or representative thereof or by any corporation organized
    under the laws of a foreign country?




7


    33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than          @   Yes    Q    No   Q   N/A
    one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign
    government or representative thereof or by any corporation organized under the laws of a foreign country?



    34. If any answer to questions 29,30,31,32 andor 33 is Yes, attach as an exhibit an identification of the aliens or       Form 312 Q34
    foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote.



BASIC QUALIFICATIONS

    35. Does the Applicant request any waivers or exemptions from any of the Commission’s Rules?                                  Q     Yes    @   No
    IfYes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents.




36. Has the applicant or any party to this application or amendment had any FCC station authorization or license                  Q     Yes    @   No
revoked or had any application for an initial, modification or renewal of FCC station authorization, license, or
construction permit denied by the Commission? If Yes, attach as an exhibit, an explination of circumstances.




8


37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling       4 Yes       0 No
the applicant ever been convicted of a felony by any state or federal court? IfYes, attach as an exhibit, an
explination of circumstances.




38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant,           4 Yes       @   No
guilty of unlawfully monopolizing or attemptiing unlawfully to monopolize radio communication, directly or
indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement or any other
means or unfair methods of competition?IfYes, attach as an exhibit, an explanation of circumstances




39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending      4 Yes       0 No
matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances.




40. If the applicant is a corporation and is applying for a space station license, attach as an exhibit the names,
address, and citizenship of those stockholders owning a record and/or voting 10 percent or more of the Filer’s
voting stock and the percentages so held. In the case of fiduciary control, indicate the beneficiary(ies) or class of    Form 312 Q40
beneficiaries. Also list the names and addresses of the officers and directors of the Filer.




9


41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is             @   Yes     4 No
subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti-Drug Act of
1988,21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. See
47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes.



42a. Does the applicant intend to use a non-U.S. licensed satellite to provide service in the United States? IfYes,          0 Yes       @    No
answer 42b and attach an exhibit providing the information specified in 47 C.F.R. 25.137, as appropriate. If No,
proceed to question 43.




42b. What administration has licensed or is in the process of licensing the space station'? If no license will be issued, what administration has
coordinated or is in the process of coordinating the space station?



43. Description. (Summarize the nature of the application and the services to be provided). (If the complete description does not appear in this
box, please go to the end of the form to view it in its entirety.)
     IDIRECTV applies to re-instate its request to operate on 340 MHz of Ka-band spectrum that
      was removed from its original application on December 3 0 , 2004. See Exhibit 43 attached
                                                                                                                                                    I
      hereto.

     1                                                                                                                                              I
Form 3 12 4 4 3




10


CERTIFICATION
 :he Applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the
 Jnited States because of the previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this
 .pplication. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit
 n 47 CFR Part 20. All statements made in exhibits are a material part hereof and are incorporatcd herein as if set out in full in this application.
 :he undersigned, individually and for the applicant, hereby certifies that all statements made in this application and in all attached exhibits are
 rue, complete and correct to the best of his or her knowledge and belief, and are made in good faith.
 14. Applicant is a (an): (Choose the button next to applicable response.)

 0 Individual
 0 Unincorporated Association
 0 Partnership
 @    Corporation
 Q    Governmental Entity
 0 Other (please specify)



     45. Name of Person Signing                                              46. Title of Person Signing
     Romulo Pontual                                                          Exec. VP & Chief Technology Officer



           WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT
                    (U.S. Code, Title 18, Section lOOl), AND/OR REVOCATION OF ANY STATION AUTHORIZATION
                 (U.S. Code, Title 47, Section 312(a)(l)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).




11


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The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. If you
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Federal Communications Commission, AMD-PERM, Paperwork Reduction Project (3060-0678), Washington, DC 20554. We will also accept
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DO NOT SEND COMPLETED FORMS TO THIS ADDRESS.

Remember -You are not required to respond to a collection of information sponsored by the Fedcral government, and the government may not
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THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104-13, OCTOBER
1,1995,44 U.S.C. SECTION 3507.




12


                                           EXHIBIT 43
                         FCC Form 312: Response to Question 43
                      Nature of Amendment and Public Interest Statement

1.         Nature of Amendment

           In this application, The DIRECTV Group, Inc. (“DIRECTV”) seeks authority to

use 340 MHz of Ka-band spectrum that was covered by its original space station license

at the nominal 103” W.L. orbital location but subsequently became available as a result of

a license modification in a prior proceeding.’ In this proceeding, the Commission

dismissed those portions of DIRECTV’s original application that requested authority to

operate the DIRECTV 10 satellite on these particular frequencies as premature - without

prejudice to refiling.* The Commission subsequently issued the requisite public notice

making the frequencies available for rea~signment.~Accordingly, DIRECTV now seeks

to amend its application to re-instate its request to operate on the 18.3-18.365, 18.53-

18.57, 18.735-18.8,28.35-28.36,28.525-28.6,29.25-29.26, and 29.425-29.5 GHz

frequency bands.

           Amended applications need only identify the information in the original

application that is affected by the proposed ~ h a n g e Because
                                                         .~      DIRECTV’s original

application5 anticipated the use of the frequency bands involved in this application, all

necessary information relevant to these bands is included in that earlier filing. DIRECTV


’    The procedural history of DIRECTV’s authorization at this slot is detailed in the Letter from Thomas
     S. Tycz to William M. Wiltshire, dated December 30,2004 (DA 04-4071).
     Id.
     See Public Notice, Rep. No. SAT-00264, DA 04-4069 (rel. Dec. 30,2004).
     Cf:47 C.F.R. $25.1 17(d). While the letter ofthis provision applies to modification requests, it applies
     a fortiori to amendments as well.
     See SAT-LOA-20040909-00169, as amended by SAT-AMD-20041122-00210.

Exhibit 43
Page 1 o f 3


hereby incorporates the relevant portions of those materials as if set forth fully herein and

requests that they be re-instated. DIRECTV hereby certifies that the remaining

information in its original application (as amended by the first amendment) has not

changed.

2.      Public Interest Statement

        DIRECTV has already begun construction, at its own risk, of DIRECTV 10, a

satellite capable of operating over 1000 MHz of Ka-band satellite spectrum - 18.3-1 8.8

GHz downlink and 28.35-28.6/29.25-29.5 GHz uplink - that include all of the frequency

bands requested in this amendment. As discussed more fully in its original application,

DIRECTV intends to launch two more satellites (DIRECTV 10 and DIRECTV 1 1 , a

companion satellite that will operate in the Ka-band at the nominal 99” W.L. orbital

location) that will use these Ka-band frequencies to achieve a quantum leap in the amount

of high definition (“HD’) digital television programming - including local broadcast

stations in HD - available on its direct-to-home satellite service. After the successful

launch of both satellites, subscribers will be able to use a single receive antenna to view

all of the standard definition (“SD”) digital television services they currently receive from

DIRECTV, as well as (1) over 150 national channels of HD programming, and (2) for

over 90% of U.S. households, local broadcast stations in HD. With these assets,

DIRECTV intends to maintain its leadership position as an innovator in the digital

revolution and to help promote the nation’s transition from analog to HD television.

        However, without authority for DIRECTV 10 to use the 340 MHz of spectrum

requested in this application, DIRECTV’s ability to provide these compelling new

services will be seriously impaired, to the detriment of the viewing public. Moreover,



Exhibit 43
Page 2 of 3


because DIRECTV’s satellite is already under construction, it should be ready for launch      .


relatively soon - achieving these cutting-edge services far earlier than any other operator

could. Accordingly, the Commission should grant this application to ensure that valuable

spectrum and orbital resources are put to productive use as expeditiously as possible.




Exhibit 43
Page 3 of 3


                                        EXHIBIT 34
                          FCC Form 312: Response to Question 34
                                   Foreign Ownership


Section 3 1O(b)(4) of the Communications Act of 1934, as amended, establishes certain
limitations on indirect foreign ownership and voting of certain common carrier and
broadcast licensees.’ By definition, these limitations do not apply to this non-broadcast,
non-common carrier space station amendment application. The Commission has also
recently approved the ownership structure, including foreign ownership levels, of The
DIRECTV Group, Inc.,2 as well as News Corp.’~re-incorporation in the United States,
which was recently con~umrnated.~




’   See 47 U.S.C. 0 310(b)(4).
’   See General Motors Corp., Hughes Electronics Corp., and The News Corporation Limited, 19 FCC
    Rcd. 473 (2004).
    The Commission authorized aproforma transfer of control of The DIRECTV Group, Inc. in
    connection with News Corporation’s re-incorporation in the United States. See Public Notice, DA 04-
    3176 (rel. Oct. 1,2004). That transaction was consummated on November 12,2004.

Exhibit 34
Page 1 of 1


                                   EXHIBIT 40
                      FCC Form 312: Response to Question 40
                         Ownership, Directors, and Oficers


   1. ENTITY OWNERSHIP

Information relating to the stockholders that own of record and/or vote 10% or more of
The DIRECTV Group, Inc.’s stock is as follows:

The DIRECTV Group, Inc.

State of Incorporation:      Delaware

Principal Place of Business: 2250 E. Imperial Highway
                             El Segundo, CA 90245

Primary Business Activities: Provides digital television entertainment; broadband
satellite networks and services; and global video and data processing.

Principal Shareholders:

Fox Entertainment Group, Inc. (“FEG”), a Delaware corporation, owns 34% of the equity
and voting stock of The DIRECTV Group, Inc. (“DIRECTV Group”). News Corporation
(“News”) indirectly holds approximately 97% voting and 82% ownership interest in
FEG. The address of FEG and News is: 1211 Avenue of the Americas, New York, NY
10036. Additional information regarding News is set forth below.

United States Trust Company of New York, a New York corporation, (acting as trustee
for various trusts and employee benefit plans) beneficially owns approximately 19.7% of
the voting stock of DIRECTV Group. The address of United States Trust Company of
New York is: 114 West 47” Street, New York, NY 10036.

News Corporation

State of Incorporation:      Delaware

Principal Place of Business: 1211 Avenue of the Americas
                             New York, NY 10036

Primary Business Activities: Diversified international media and entertainment company
with operations in a number of industry segments, including: filmed entertainment;
television; cable network programming; magazines and inserts; newspapers; and book
publishing.


Exhibit 40
Page 1 of3


Principal Shareholders:

Interests associated with Mr. K. Rupert Murdoch, a United States citizen and the Chief
Executive of News, directly and indirectly control an approximately 12.6% equity and
29.5% voting interest in News.' Mr. Murdoch's address is: 1211 Avenue of the
Americas, New York, NY 10036.

Liberty Media Corporation, a Delaware corporation, holds an approximately 18.0%
equity and 9.1% voting interest in News according to its Form 1OQ filing with the
Securities and Exchange Commission on November 9,2004 and its and its Schedule 13G
filing with the Securities and Exchange Commission on December 21,2004. The address
of Liberty Media Corporation is: 12300 Liberty Boulevard, Englewood, CO 801 12.

    2. DIRECTORS

The directors of DIRECTV Group are listed below.

        K. Rupert Murdoch
        Neil R. Austrian
        Ralph F. Boyd, Jr.
        Chase Carey
        Peter F. Chernin
        James M. Cornelius
        David F. DeVoe
        Eddy W. Hartenstein
        Charles R. Lee
        Peter A. Lund

Each director is a U.S. citizen and can be contacted at the following address: The
DIRECTV Group, Inc., 2250 E. Imperial Highway, El Segundo, CA 90245.




'   This approximate voting interest is calculated as of November 12,2004, and includes 307,943,147
    Class B (voting) shares owned by (1) Mr. K. Rupert Murdoch; (2) Cruden Investments Pty. Limited, a
    private Australian investment company owned by Mr. K. Rupert Murdoch, members of his family, and
    various corporations and trusts, the beneficiaries of which include Mr. K. Rupert Murdoch, members
    of his family, and certain charities; and (3) corporations that are controlled by trustees of settlements
    and trusts set up for the benefit of the Murdoch family, certain charities, and other persons. In
    addition, as of November 12,2004, Mr. K. Rupert Murdoch and the above entities beneficially owned
    61,952,941 Class A (non-voting) shares.

Exhibit 40
Page 2 of 3


   3. OFFICERS

The officers of DIRECTV Group are listed below:

       K. Rupert Murdoch - Chairman of the Board of Directors
       Chase Carey - President and Chief Executive Officer
       Eddy W. Hartenstein - Vice Chairman
       Bruce Churchill - Executive Vice President and Chief Financial Officer
       Romulo Pontual - Executive Vice President and Chief Technology Officer
       Larry D. Hunter - Executive Vice President, General Counsel and Secretary
       Patrick T. Doyle - Senior Vice President, Controller, Treasurer and Chief
       Accounting Officer

Each officer is a U.S. citizen and can be contacted at the following address: The
DIRECTV Group, Inc., 2250 E. Imperial Highway, El Segundo, CA 90245.




Exhibit 40
Page 3 of3


Marlene H. Rortch                                             JAN 2 6 20615
Ofiice of the SCClTtarJp
Federal Cornmuniazians Commission
445 1P street,S.W.
Washingon, D.C.20554




Dear Ms.Dortch:

                            r of January 12,2005, The DIWCTV Group, Inc,
                           clarify the aperation of i t s barns covering Hwaii on the
                           CTV 11 satellites. Each af these satellites has a dedicated spot
                               se spot beams are                 national and local
programming, and as indicated in Table 5.2 of                    ion,the p& EIRP of these
beams is 59.5        . As abo indicated in Figure! 5-1 of those
~     ~      ~ is provided
                    ~      rby 14n Kit-band
                                        ~ transponders
                                              n      ~      on ewh          e - and the:Hawaii
spot beams a e fed with the same p ~ ~ g r a m i from
             r                                     n g the same             transmissions as the
beams serving C O W S and Alaska. In addition, two more h-band transponders on
DIRECTV 1 1 can be used in the same beam far the retr               sian of local bmadeast
signals to subscribers in H a w k The complete beam c                are depicted on the
attachment to tkis letter,

                                                Sincerely yours,




cc:     Bruce A. Olea%,Esq. (counsel far Hawaii)


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                                                                     M 202730.I300 FAX 203.730. I301 .
                                                                     M.WIRRISW&TSHIWE.COM




BY HAND DELIVERY

Marlene H. Doxtch, Seerewy
Federal Communications Commission
445 Twelfth sbreeg s.w,
Washington, DC 20554




      PuJrsuant to Section 1.65 of the Commission's rules, this letter provides updated
ownership information relevant to the pending application. Specifically, on November
12,2004, The News Corporation L        ed was re-incorporatedin      United S w s as
News Corpsation.

       If you hetve any questions, please do not hesitate to contact undersigned counsel.
                                             Sincerely yours,



                                             William M.Wiltshire
                                             Caunseffor News Corporation



Document Created: 2005-03-08 16:03:44
Document Modified: 2005-03-08 16:03:44

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