Attachment o&a

o&a

ORDER & AUTHORIZATION submitted by FCC,IB

o&a

2004-09-30

This document pretains to SAT-LOA-20031211-00350 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2003121100350_398476

Federal Communications Commission nA ot—3163 Before the Federal Communications Commission Washington, D.C. 20554 In the Mattr of EchoStar Satelite LLC ) Application for Authority to Construct Launch ) and Operate a Geostationary Satelte Using the ) Extended Ku—band Frequencies in the Fined— ) File No: SAT—LOA—20031211—00350 Satelite Service at the 109° W.L. Orbital Location ) Call $2607 ) ) ) ) Order and Authorization Adopted: September 30, 2004 Released: September 30, 2004 By the Chiet, Satelite Division,International Bureau 1 INTROPUCTION 1.. In this Order, we grant EchoStarSatelite LLC (EchoStar)! authoity to construct, launch and operatea geostationary—satelite orbit (GSO)stelite n the Fixed—Satelite Service (FSS) using the extended Ku—band frequencies atthe 109° W L. orbital location" We also grant, wth certain conditions, HichoStar‘s associated requests for waivers ofrule provisions that restrict use of downlink frequencies Grantofthis application will stimulate compettion in the United States and provide consumers more alternatives in choosing communications providers and services. 11. BACKGROUND 2.. EchoStar provides Direct Broadast Satelite (DBS) services in the multichannel video programming distribation (MVPD) market to over 9 million subscribers. EchoStar and ts affiates own and operate eight DBS sateliteat various orbital locations, as wellas an FSS sateiteat 121° W.L. EchoStar has applied fora new satelite (herein referred to as EchoStar—109W)that wil operateat the 109° W.L. orbitl location. EchoStar—109W will provide FSS services to North and Central Americ. EchoStar states i ts application that the EchoStar—109W satelite wll supplement and support EchoStar‘s existing MPVD offerings by providing primarily three types ofservices: Direct—to Home (DTHservices, including ‘local—ito—local"and High Definition (HD) services, ansport of programming to EchoStar‘s EchoStar was formerly called EchoStar Satlite Corporation By leter dated December 31, 2003, EchaSar natifed the Commission ofthe conversionand name change ofEchoStar Satellite Corporation o EchoStar Satelite LLC. See Letter from Pantels Michalopoules, Septoe & Jobnson LLP, Counsel for EchoStar Stellte LLC to Marlene . Dortch Secretay, CC (December 31, 2003) See EchSte Satelite LLC Appliatonfor Authortyt Consruct, Leunch and Operate a Geostatonary Satelte Using the EtendedKi—band Frequenctes in the Fixed—Satlite Service a he 109° WL. Orbitl Locaion; Pile No: SATLOA20031211—00350, fled Deceniber11, 203, (109W Application). Fo thepurposes ofthis Order, the extended Ku—band"is 10.95—11.2 GHt and 11,45—1.7 GHe in the downlink and 13.75—14.0 GHHe in heuplink

Federal Communications Commission pa ot—3163 DBS uplink centers, and itermational DTH, broadband and programming transport services 3.. The proposed satelite will operate with 32 transponders each of 27 megshert usable bandwidth, allowing fo full frequency reuse ofthe 500 megahertz downlink frequencies and four—fold frequency reuse ofthe 250 megahertz uplink frequencies by means of both polarization and spatil isolation." EchoStar—109W will operate using a broad coverage beam on the downlink. Additionally, it will us two satelltereceive beams for feeder link uplink transmissions 4. On April 23, 2003,the Commission adopted the RirsSpace Station Reform Order, substantially revising is satellte icensing process,"by, among other things, adopting a "first—come,first— served" procedure for applications for stelites operating in geostationary—satelite orbit, such as EchoStar— 109WWe placed the appliction on Public Notice on January 23, 2004 pursuant to the new licensing process." No comments were filed on this apliation. ui. PISCUSSION A. General Requirements 5. Inthe First Space Station Reform Order, the Commission adopted various procedural reforms to expedite the satellit licensing process to ensure thatsatelte spectrum and orbialresources will be used efficiently, o the benefit of American consumers." In revising the saellit lcensing rules, the Commission adopted a "frs—come, firs—served" procedure for GSO—likesystems," Pursuantto Section 25.158(b)3)," a GSO—like stelfitlcense application will be granted only if the applicant meets the standards set forth in Section 25.16(a), and the proposed sateltewill not cause harmful nterferenceto a previouslylicensed satelite. Pursuantto Section 25.156(a),the Commission will grant GSO—like applications ifthe Commission finds that the applicant is legaly, technically and otherwise qualited, that the proposed faciities and operations comply withallapplicable rules, regulations, and policies, and that grant of the application wl srve the publi intrest,convenience and necessty.""" Accordingly we review EchoStar‘s application to determine whether EchoStar is legally and technically qualifed to hold a satelite license. For reasons discussed below, we find that EchoStaris lgally qualifed. We also find that EchoStar is technically qualified, in prt because it has provided adequatejustifation for waivers of several technical requirements. B. Legal Qualiications 6. EchoStar states that it holds numerous Commission satelite Heenses, and thatitslegal £ 109W Applcation at p.2. 109W Applcation atp.3. * Amendnent ofthe Commission‘s Space Station Licesing Rades and Polies, Fist Report and Order and Purther Notice of Proposed Rulemaking, TB Docket No. 02:34, 18 FCC Red 10760 (2003)(RearSpace Sterion Reform Orde) * See FirstSpace Station Reform Order, 18 FCC Redat 10804—18 (paras, 108—50) * ‘SeePublic Notice, Report No. SAT—00188, rel January 23, 2004 * See Fst Space Station Reform Order, 18 FCC Red at 10776—67 (paa.7) * See FirstSpace Staion Reform Order, 18 FCC Red at10804—18 (paras, 108—50) * aror® psisio) # acr® psise0).

Federal Communications Commission va orsi6s qualifications are a matter of record before the Commission." We agree with EchoStar on this ssue. Moreover, no one has questioned EchoSar‘s legal qualiications to acquire a new satelite license. Accordinaly, we find that BchoStar is legally qualified to hold satelite Hcense, C. Technical Qualifications 1. Two—Degree Spacing 7. The Commission‘s licensing policy for GSO satellites is predicated upon two—dearee orbital spacing between satelfites."" This policy permits the maximum use of the geostationary—satelite orbit. In its applieation, EchoStar provides an interference analysis to demonstrate that EchoStar—109W is two—degree compliant, as required by Commission rules."" EchoStarsates that the nearest sateltethat is authorized to operate in the extended Ku—band is Telesat Canada‘s ANTR—F2 sutelfte at 111.1° W.L, which is authorized to serve the United Sttes." The ANIK—F2 satellte will transmit telecommand carriers on centerfrequency of 13.996 GHz from Canadian territory.. EchoStar contends that Telesatis not censed to transmit o the ANIK—F2 satelite using the 13.75—14.0 GHz: band from the United States EchoStar futher maintains that it wll coordinate ts operations of EchoStar—109W with Telesat Canada under the International Telecommunications Union (ITU)rules, a required. EchoStar also maintainsthat sinee there are currently no sateltes adjacent to 109° W.L. orbitallocation licensed to use the extended Ku—bands within the United States it was necessary for it to make certain assumptions in its interference analysis regarding the transmission parameters of a future adjacent satelite using the extended Ku— bands,® We find that this analysis conforms to the inerference analysis rule, and that EchoStar—109W complies with our two—dearee spacing requirements. We also conclude that granting EchoSur‘s application will not result in harmful interference to any previously lcensed satellte 2. Full Frequency Reuse 8. In the irst Space Station ReformOrder,the Commission extended its full frequency reuse requirements that have been applicable to the "conventional" C—and Ku— bands for more than two decades to include the extended C: and extended Ku—bands,"" Full frequency reuse doublesthe capacity ofa space station by requiring operators to use two senses of polarization in each frequency band. The Commission also clarified that in addition to employing vertical and horizontal polarization, licensees could take advantage of newer technology by employing orthogonatlinear polarization or orthogonal cireular polarizations with the same beams or the use of spatilly independent beams."" EchoStar proposes to operate EchoStar 109W with dual orthogonal—cirenlar polarizations but, nevertheless, asked for a waiver ofthe rule requiring censeesto use vertical and horizontal polarizations.". EchoStar—109W conforms tothe rules as revised and, consequently, EchoStar‘s equest for waiveris moot 3. Downlink Operations l 121W Application atp. 6. * e Licensing Space Sations in the Domestic Fixed—Satlite SeviceReport and Ordr, 48 FR. 40233 go t See 47 CBR §25.140 (b2). Seealso 1O9W Application atSection A 22, p. 19—20. ® 109W Applcation at 19. ® 109W Applcaton at 19 R 47 CFR. § 25210(. See Frst Space Station Reform Order 18 PCC Red at18860, on 263 f «7 cr® 5252100 9 1090 Applcationat 12—13

Federal Communications Commission wA o+—3163 a. Downlink to Customer Terminals o. EchoStar seeks to downlink to customer receive—only earth stations in the 10.95—11.2 GHz and 11.45—11.7 GHz frequency bands:®. These bands areallocated internationally and domestically to terrestrial services and to the FSS on a co—primary basis?! However, footnote NGIO4 of Section 2.106" and footmote 2 of Section 25.202(a)(1)" of the Commission‘s rules limit FSS operations in these bands to interational service only."" ‘The Commission found that restrcting FSS use ofthese bands to intermational systems would limit the number of FSS earth stations with which the co—primary terresril wircless fixed—service(FS) would need to coordinate."‘ The Commission subsequently declied to amend Footmote NGIO4 to exempt non geostationay—satelite orbit Fived.Satellite Service (NGSO FSS) user terminals because that would permit a "ubiquitous deployment" of earth sttions that would hamper development of terrestrial services." Accordingly, a satelite may provide downlink service into the United States and its Possessions (US&P) in the 10.95—11.2 GHe and 11.45—11.7 GH only if the uplink originates outside the US&P. 10 EchoStar requests waivers of footnote NGIO4 of the U.S. Table of Allocations and feotmote 2 of Section 25.202(a)(1) to ‘the extent necessary," to provide both domestic and intemmational service from the proposed satelite." EchoStar claims that operation of consumer receive—anly antennas on an uncoordinated basis wll not ithibit or otherwise neestively impact the operations of authorized FS stations in the band."" Specifically, EchoStar contends that FS operations will be protected from interference because the satelite downlink will comply with the power flux density limits set out in the Commission‘s rules." With respect to potental intrference from FS transmissions, EchoStar expects that its eceive—only earth stations can co—exist with FS stations in most geographic areas of the United States "while maintaining an acceptable quality oservice."" EchoStar contends that certain mitigating ® 109W Applcation atp. 8 # 47 CFR. §§2.106 and 28202(a)(). Allocation of a given frequency band to a particular service on a primary basi enties operatorsto protction agaist harmful iterference fom sttions of ‘scondar," services Purther, secondary services cannot caim protetion ffom harmfilintrfeence caused by stations of a prinary service. See also 47 CIR. §§2.104(@) and 2.103(@). Co—primary means thatboth srvices share the band on an equal basis and both services have equal protection against harmfil interference from stations of "seconday" services 3 47 CR §2.106 footmote NGIO4 states the use ofthe bnds 10.7—11.7 GHte(opaceto—Eant)and 12.75— 1325 Gite (Rantto—space) by the fixedsatlite service in the peostationary—sitelite orbit stall be limited to intemational systems,e, othe han domestic systems." * 47 CR §25.202((0) foomote 2 states"fulse of this by ncostationary satelite orbi satelite systems in thefivedsatlit serviceis imied to nteationalsystems; e, othethan domestic systems." 2 See Satllte Servies, 26 RR 24 1257, 1263—65 (1973), and GHARC Inguiy, 70 ECC 24 1193, 1252 (1978). See also Assignment ofOrbtl Location to Space Sutions in the DomestFned Steite Service and the Applations of GE American Communications, Inc, Order and Auchoriation, 15 FCC Red 3385 (Sat, & Radiccomm. Div.1999). s i4 * Amendimentsof Pats 2 and 25 othe Commisson‘s Rules tPermit Operation of NGSO FSS Systems Co— Frequency wth GSO and Terresrial Systems in the Ku—Band Prequency Range, Aist Report and Order and Further NPRM, 16 BCC Red 4096,411 1—12 (paris, 2and 31) 2000)(Ki—band NGSO FSS Order} # 109%W Appleationatp.$. # 109W Application atp. 9 £ ut * 1

Federal Communications Commission Da Ot3163 fictors,such as buildings, foliage and termin will naturally block FS signals." EchoStar also proposes to employ interference miigation techniques, including careful placement of the receiver and/or aditional shielding ofthe receive—only earth stations, in areas where interference from FS transmittig station high."" Finally, EchoStar sttesits willingness to accent "any level of interference from FS staions into its earth sttions in the extended Ku—band.""" Thus, according to EchoStarthis would not undermine the underlying policy, because FS operations will notbe negatively impacted by EchoStar‘s aperations 11. EchoStar expresses its willingness to comply with footrote NG1O4 and footote 2 of Section 25.202(a)(1) in the event that the Commission does not grant the requisite waiver requests." In thisevent, EchoStar states t is prepared to conduct uplink transmissions exclusively from other countries, thereby operatingthe system in a manner that would qualify as international service." 12. Section 13 ofthe Commission‘s rules authorizes the Commission to waive is rules for ‘rood cause shown."". Waiver is approprite only if special cirumstances warrant a deviation from the generalrule, and such deviation would better serve the publicinterest than would strit adherence t the generalrle.". Generall, the Commission may grant a waiver of ts rulesin a particulacase onlyif the relief requested would not undermine the policy objective of the rule in question and would otherise serve the public interest. In considering requests for non—conforming spectrum uses, the Commission has indicated thatit would generally grant such waivers "when thereis Iitle potentiafointerference into any service authorized under the Table of Frequency Allocations and when the non—conforming operator accepts any interference from authorized services."" 13. In this instance, a waiver of footnote NG 104 would not undermine the rule‘s purpose becauseit involves only passive receive—only earth stationsthatare not capable ofausing interference into FS stations operating in this band. Further, because, EchoStar has agreed to accept any level of interference from ES stations into its receive—only earth stations® operations in the extended Ku—bands, FS operators will not be required to coordinate their sation operations with the EchoStar receive—only carth stations‘operations. Under these cireumstances, we determine that additional coordination burden would not be placed upon FS operators and that their abity to expand service in the future would not in any manner be restricted.. However, we remind EchoStar that i is agrecing to operate it receive anternas in the downlink extended Ku—bands on a non—inerference basis reative to FS earth stations. Accordinely, EchoStar shall not claim protection from harmful interference from authorized FS stations to which frequencies are etheralready assigned, or may be assigned in the future, In addition, we require EchoStar # w 4 w * u # 109W Application atp. 10. * ue * See Sectio 13 of he Commission‘srules, 47 CFR. §13. See also HHAIT Rediov. FCC, 418 Fd 1183 (D.C. Cir. 1969) (WAIT Radio Northeast Celluar Tel Co, v. FCC, $97 B2d 1166 (DC. Ci, 1990) (Wortheost Celliar) # Northeast Celider,897 F.2d a 166. * WAlT Radio, 418 F2 157. * Puro—Chance,Inc. Application for Blanket Authority For Blanket Authoriy to Constrct and Operte a Private Network of Receive—Only Mobile Earth Sutions, Order andAuthorizatin, 10 FCC Red 2800 (para. 2)(nt1 Bur. 1999) (uthoricing non—conforming MSS in the C:.band); See also Motorola Satlite Communieations, Inc, Appliation for Modifcation of License, Order and duthoriatin, 11 ECC Red 13982, 13956 (para. 11(Bur 1996) (authrizin service t Aixed terminals in bands allocted to the mobilesatliteservico)

Federal Communications Commission na oe—sies to inform its customers in writing, including any customers receiving end—use service from resellers accessinz capacity on EchoStar—109W, of the potentia for iterference ftom FS operations in the 10.95— 112 GHz and 11.45—11.7 GHz bands b. Tracking, Telemetry & Control Operations 14. In addition to the waiver of footrote NGIO4 forits receive—only earth stations discussed above, EchoStar seeks a waiver of footmote NGIO4 and footnote 2 of Section 25.202@2¥1) for its Tracking, Telemetry, and Control (TT&C) operations.. EchoStar plans to locate its TT&C earth stations in the United Sttes,and to operate its TT&C links at the edges of the extended Ku—bands.®. Because a single earth station within the United Sttes would both transmit uplink and receive downlink TT&C ransmissions in extended Ku—hands, EchoStar‘s proposed TT&C operations do not comply with footnote NGIOA, Therefore, EchoStar requests waivers of footnote NGIO4 and footnote 2 of Section 25.202(a1) of the Commission‘s ules. 15. EchoStar argues that the nature of TT&C operations is such that TP&C transmissions must inevitably uplink and downlink fom the same earth station.. Additionally EchoStar contends that for relibilty and cost reasons, the earth sttion should be located in the United States. EchoStar,further argues that the underlying policy for the rules will not be undermined by granting this request, because the TT&Coperations wll be primarily be conducted from one (or pertaps a small number of) earth station(s) 16. As noted above,the Commission adonted the footnote NGIO4 restriction in order tolimit the number of earth stations with which the FS applicants would have to coordinate. The Commission has waived this requirement where the number of potential earth stations in a particular service is inherently small.. For example, the Commission allowed NGSO FSS gateway stations to provide domestic service, in the extended Ku—band because the total number of gateway stations would be relatively small." Additionally, the Commission waived foomote NGIO4 in order to allowa GSO Mobile Satelite Service (MSS) licensee to use seaments of the band for domestic: feederink transmissions, having concluded that the waiver would not undermine the purpose of the restrction because it merely applied to feeder links for one satelite." The International Bureau also recently granted a waiver of footnote NG1O4 to an applicant secking to operate feederlinks for a single satelite with no more than two feeder—link earth stations." The Bureau found that the incrementalimpact of the Hicensee‘s proposed use of the extended Ku—hand for feederlinks would not increase the frequeney coortination burden on terrestrial wireless services significantly more than the existing permitted use of * 109W Applcation at Atachment A,p. 17 C 109W Application atp. 11 £ Specifially, the Commission noted tat most of the pariesapplying for NGSO FSS authorzaioni the extended Kurband were proposing to deploy fever than five such gteway stations in the United Sties, See Kie band NGSO FSS Order, 16 FCC Red at 4112 (para. 31 andn. 63) C See Amendment of Pars 2, 22, and 25 of the Commission‘s Rules to Allocate Spectrum for and to Establish Other Rulesand Polices Perainingto the Useof Radio Frequencies in a Land Mobil Satlite Servie for the Provision ofVarious Comman Carier Services, Memorandum Optnion, Order, and Auborizaton4 FCC Red 6041, 6081 (ore. 70) (1969). "* See Bocing Company, Applieaions For Modifcation of Authorty For Use ofthe 1990—20252165—2200 Mite and Associted Frequency Bandfoa MobileSatlite System and Appleations For Authoriy to Launch and Operata Non—Geosynchronous MediumEarth Orbit Satelite System in the 2 GHz Band Mobie—Satelite Service n in the AeronsuticalRadionavigationSteite Service, Order and duthoriation, 18 FCC Red 12317, 1232224 (pwas. M4—18) (ntI Bur.and OET 2003)(Bocing Order).

Federal Communications Commission va orsies those bands by an internationalsystem. 17. For similar reasons, we grant EchoStar‘s request for waiver of Footnote NGIO4 and footnote 2 of Section 28.202(a)(1) for its TT&C operations. We are authorizing EchoStar to operate at most, only one TT&C earth station." This should not signficantlyincrease the coordination burden on FS applicants. Further, TT&C operations will be conducted only at the edaes of the service bands." Moreover, we agree with EchoStarthat TT&C signals must be transmit from and received atthe same earth station‘® and forcing EchoStar to locate its TT&C earth station outside of the United States would adversely affect EchoSar‘s abilty to maintain control of the spacecraft.. Thus, we grant EchoStar a waiver of NG104 to allow it to provide TT&C to EchoStar—109W from one earth station located in the United States 18. We recognizethat EchoStar has not specified the TT&C frequencies on whichit plansto operate. EchoStar argues that the choice of frequencies the extended Ku—band is partly dependent on the choice of spacecraft supplie, as well asthe availability ofa global TT&C earth station network to supportthe Launch and EarlyOperations Phase, EchoStar proposes to specify TT&C frequencies shortly after it selects the satelite manufacturer, noting that this approach will also take into account the coortination required with neighboring satelftes."" We will permit EchoStar to deferis choice ofTT&C frequencies untiit has executed a binding contract for construction. We will require EchoStar to fila modification application specifying the exact frequenciesfor TT&C functions for the EchoStar—109W, on, ar prior to, the date by which its is required to exccute a binding construction contrct. We remind EchoStar that the coordination and lcensing of ts TT&C earth station will be affected by its choice of TT&C frequencies.. In additon, we remind EchoStar that, consistent with 47 CFR. § 25.202(@), the frequenciesselected for TT&C functions mustbe aeither or both edies ofth allocated bands." 4. Coordination with NTIA 19. The 13.75—14.0 GHtz band has beenallocated domestically and intemationally t the FSS, subject to restritions embodied in footnotes to the domestic and intermational tables ofallocations. The 13.75—14.0 GHz band is shared on a primary basis with the Government radiolocation service and with the forward space—to—space and space—to—Earth links ofthe NASA Tracking and Data Relay Satellite (TDRS) System in the space research service. Consequenty, earth sttions in the US&P operating with the EchoStar—109W satelfite will require coordination. through the National Telecommunications. and Information Adminisration (NTIA) Interdepartment Radio Advisory Committee‘s (IRAC) Frequeney Assignment Subsommittee (FAS)."" We have received a leter rom the NTIA requesting that we identify * See Boeing Order, 18 FCC Red at 12323 (por. 13 * in the Application, EchoStaris not specifi regardingthe precise number of TTRC earth sations it might reauire, beyand the one. Accordingls, because EchoStar has notindlated a definte needfor more thin one TT&C eathstation to belocated wthin the United Sates, his waiver petins onl to a single TT&C earth station. See 109W Applcaton at Section VIB, . 11. EchoSiar wll be requiredto coordinate ts proposed TTRC earthstation with terestralsutions prsuanttoSetion25202 of the Commision‘s rules. See 47 C.FRR. Setion $25.203 # Seer CER §252020) # 109W Application atp. 4. 109W Application t Atachment A,p. 17. # S 47 CR Section 52520200 * See Amendimentof Pans 2, 25, and 90 ofthe Commissions Rulesto Allocatethe 13,75—14.0 Gte Bd to the Fived.Sitelite Service, Report and Order, ET Docket No. 9620, 11 ECC Red 11951, 1196061 (parn. 20) (1990)

Federal Communications Commission va oe—sies this requirement in any grant of authority to operate a satel i the 13.75—14.0 GHtz band." 20. Domestically, foomotes US337, US356, and US357 are applicable." These footnotes place certain restrictions on FS§ operations in order to protect government operations in the band, including manned. space fight." Intermationally, footmotes 5.502 and 5.503 to the Intermational Telecommunication Union (ITU) Radio Regulations place certain similarrestrictions on FSS operations." The fundamental difference between the domestic and international footnotes is that the interational feotmotes permit operation of antennas with diameters as small as 1.2 meters for earth stations of a gcosttionary FSS network, wheress, the U.. footnotes require a minimum earth station diameter of 4.5 meters. We require that earthstations in the US&P operate in accordance with the U.S. footrotes US356 and US357. For non—US&P earth stations accessing the EchoStar—109W satellt, we require operaton to be consistent withthe internationalfootnotes 21. ITU Radio Regulation footmote .503A required the fixed—satelite service not to cause harmfiul imterference to non—geosationary space sttions in the space rescarch and Earth exploration— stelite services prior to January 1, 2000 and for some earth stations to accommodate the needs of spaceborne precipitation radars operating in the band 13.793—13.805 GH." We have received a leter from NTIA noting that NASA‘s Tropical Rainfill Measuring Mission (TRMM) satelite system radar in the band 13.793—13.805 GHzis stll operating."" Because TRMM is a highly valvable and visible U.. asset, with a broad range ofintermational users, NTIA has requested cooperation from the Commission and non— Federal Government entties in providing assistance in reducing interference with the TRMM radar." NTIA notesthatit desires that FSS earth stations in the 13.793 — 13.805 GHz frequencyband located south ®* ee Leter fom Wiliam Hatch, Actng Associate Adiminstator, Ofic of Spectrum Management, NTIA, to Roderick Portr Acting Chie, International Bureas, FCC (dated May 1, 1999) Footmote US337 requires hat earthstations operatng i the 13.75—13.8 GiHiz band be coordinated through the National Telecommunications and. Information Administation (NTIA) Interdepartment Radio. Advisory Commitee‘s Frequency Assignment Subcommite to minimize intrference to the forward spaceo—spacelink of the Natonal Acronautics and Space Administation Trackingand Data Relay Satelite System. 47 CR § 2.106 ussar. a Footmore US356 places arestrition on minimum antenna size of 4.5 metersforeath sutions operatig in the 13;75—140 GHtz band and indicates a minimum equivalentisotropicall radiated power i.) that should be used. Footnote US3S7 limits FSS earth stationenp. spectrl density in the 13.77—13;78 GHtz band untl hose prosttionry space sations in thespace research service for which advance publieationinformation was recived by the ITU prirto 31 January 1992 cease to operae in this band. * Foomote 5.502 to the ITU Radio Regulations establishes minimum antenna diameter foearth statins of qcostaionary and non—gcosationary satelte networks, and places cerain restrctions on citer the minimum equivalent isotropially radiated power (cinp.)or thepower ux density (pAd.) levls produced by earth stations aperating in the13.75—14.0GHtz band. Foomote .503 limts PS8 eathsation c.ip. specral densty n the 13.770— 1380 GHtz band for earth staions in the FSS operating with peostationary—orbt space stitions, untl those prostationry space sations in the space reseach servicefor which advance publiction information was eceived by the TU priorto 31 Janvary 1992 ceaseto operat n this band * Reotrote 503A was suppressed at WRC—03. Tt stied thit: "Untl 1 January 2000 stations in the fieds satelte servic shallnot cause harmfil iterfrence to nom—acosttionryspace sttions in the space esearch and Earth explontion—steie services. Addironally, when planing earthstations in the fxed—stelite service o be brought io srvice betreen 1 January 2000 and 1 Janary 2001, i ordert accommodate th needs ofspacchome precitation radar operting in the band 13,793—13.405 GHe,advantage should be taken ofthe consulation process and theinformation given in Recommendation ITU—R SA.1071." » See Leterfrom Erederick R. Wentland, Acting Assoiate AdmninisratoOffceoSpectrum Management, NTAto Don Abslson, CcE Intemational Bureau, FCC (dated Febriary 28, 2002) a is

Federal Communications Commission pa oi 163 of 39° N. and eastof 110° W. operate with emission levels below 150 dBW/600 kiz at the TRMM space station receiver. Because thi is a request and not arequiement, considering the secondary nature of the TRMM operation, we urge, but do not require, operators of earth sations accessing the EchoStar—109W satelite in the 13.75 — 14.0 GHz band to cooperate valuntarily with NASA in order to faciltate continued operation of the TRMM satelite. NTIA also notes that none of the other space—based radar operations covered by 5.503A will seek continued cooperation in respect." D. Financial Qualifiations 22. Inits Firs Space Station Licensing Reform Order, the Commission climinated the financialrequirements then in place and replaced them with a bond requirement* Under this new financialrequirement,any entty awarded a icense fora GSO satelite must execute a payment bond, payable t the U.. Treasury, within 30 days ofthe date ofthe cense grant. The bond is ayable upon failure to meet any implementation milestone in the license, where adequate justifcation for extending that milestone is not provided."" Licensees may reduce the amount of the bond upon meeting each milestone." in ightofthe Commission‘s recent decision to evise the bond amount to $3 million for gcostationary satellit orbit space stations, we will require EchoStar KuX Corporation to posta $3 million bond within 30 days of the date of this grant.® E. Orbital Debris Mitigation 23. In its application, EchoStar provides a nanative describing the proposed satelfte‘s debris mitigation design and operational strateaies, if any, it will use, as required by Section 25.216(d) ofthe Commission‘s Rules* EchoStar sttes in its application that in order to control orbialdebris, EchoStar proposes to use a designfots satelite and Taunch vehicle that will minimize the amount of debris thatis released during normal operations. Additionally, EchoStar plans to conduct an analysis to ensure that the probabilty of collisions with any known space bomn objects during the satelite‘s normal operational lifetme is minimal.. EchoStar also plans to conduct an analysis that will demonstrate that no realitic fallure modes exist or can lead to an accidental explosion during normal operations or before completion of post—aperational disposal. Further, EchoStar sates that it will maneuver is satellte to a storage orbit with a perigce altitude above its normal operational orbit. EchoStar also states ts intent to use a maneuver strtegy that reduces the risk ofleaving any of part of its spacecraft near an operational orbit Finally, EchoStar also contends thatafer the satelite reaches itfinal disposal orbit, all onboard sources ofstored energy will be depleted or safely secured. F. Milestones 24. In the First Space Saation Reform Order,the Commission noting that milestones are intended to ensure that licensees provide service to the public in a timely manner, to prevent warchousing of searce orbit and spectrum resources, codlfied its generic milestone policy in Section 25.164 of its 3 ul * See FirstSpaceStaton Reform Order, 18 ECC Red at10826 (para. 170) f w 90 0 liarl0t2627 (pan 172) 9 Amendment of the Commisson‘s Space Sution Licensing Rules and Poliles, First Order on Reconsideration and Fith Report and Order, 1B Docket No. 02:34, ECC O4—147(rel. July7, 2004) € 109W Applcation at 12—13. See 47 CR $252160).

Federal Communications Commission DA Rules® Consistent withthis, we requirethat EchoStar execute a binding contract for construction within one year of this grant, complete the Critical Design Review within two years, commence physical construction within three years, and launch and begin operations within five years. T. CONCLUSION AND ORDERING CLAUSES 25. We find that granting EchoStar‘s application and associated waiver requests to the extent provided herein will serve the public interest by providing effective use of the imited spectrum resource. 26. Accordingly, IT 18 ORDERED that EchoStar Satelite LLC‘s application, SAT—LOA— 20031211—00350, Call Sign $2607, IS GRANTED and EchoStar Satellte LLC is authorized to construct, Imnch and operate ts EchoStar—109W satllte at 109° W.L., in the 10.95—11.2 GHz, 11.45—11.7 GHz and 13.75—14.0 GHe frequency bands, in accordance with the terms, conditions, and technical specifieations setfrth its application and this Order and Authorization. 27. IT 18 FURTHER ORDERED that EchoStar Satelite LLC‘s request for waivers of NG1IO4 of the U.S. Table of Allocations and footnote 2 of Section 25.202(a)(1) in order to provide domestic service using receive—only earth sttions in the 10.95—11.2 GHz and 11.45—11.7 GHe bands IS cranTep. 28. IT S FURTHER ORDERED that EchoStar Satellite LLC shall operate its receive—only earth sations in the 10.95—11.2 GHz and 11.45—11.7 GHz bands on a non—interference basis relatve to ES earth stations and that EchoStar Satelite LLC shall not claim protection from harmfulinterference from any authorized FS stations to which frequenciesar either already assigned, or may be assigned in the future 20. IT.IS FURTHER ORDERED that EchoStar Satellte LLC is required to inform its customers in writing, including end—users receiving service from resellers accessing capacity on EchoStar 109W satelfte, that the service is being provided on an uncoordinated basis, and of the potentia foiterference from FS operations. 30 IT 18 FURTHER ORDERED that EchoSter Satelite LLC‘s request for waivers of NG1O4 of the U.. Table of Allocations and footnote 2 of Section 25.202(@(1) in order to permit TT&C operationsfrom the US&P in the 10.95—11.2 GHz and/or 11.45—11.7 GHz bands is granted. 31. T IS FURTHER ORDERED that the waier to permit TT&C operations in the 10.95— 11.2 GHe and/or 11.45—11.7 GHz frequency bands conditionally granted herein pertains only to TT&C transmissions between a single GSO satelite at 109° W.L. and a maximum of one fixed earth station within the continental US&P. 32 IT IS FURTHER ORDERED that EchoStar Stellite LLC shall coordinate ts potential TT&C earth station operations with terestral FS stations in accordance with Section 25.203 of the Commission‘s rules 33. IT 18 FURTHER ORDERED that EchoStar Satelite LLC shall submit to the Commission a modification to this authorization, specifying the exact frequencies for TT&C functions for EchoStar—109W satelte, on, or prior o, the date o ts frst construction milestone, £e, 93002005 34. IT 18 FURTHER ORDERED that in the 13.75—14.0 GHz band, all arth stations in the US&P are required to coordinate through NTIA‘s Interdepartment Radio Advisory Committee‘s & See FistSpace Station Reform Order, 18 ECC Red at 10828 (para 173) 10

Federal Communications Commission pa orsie3 Frequeney Assignment Subcommite. 35 I 18 FURTHER ORDERED that the operation ofthe EchoStar—109W satelte network in the 13.75—14.0 GHz band shall be in accordance with foomotes US356 and US357 to 47 C.FR. § 2.106 in the US&P, and with footmotes 5.502 and 5.503 to the ITU Radio Regulations outside ofthe user 36. IT 18 FURTHER ORDERED that EchoStar Satelite LLC‘s request of a waiver of Section 25210( of the Commission‘s rules in order to permit circularly polarized operations is DISMISSED as MOOT: 37. IT IS FURTHER ORDERED that the EchoStar—109W satelite must be constructed, Inunched, and placed into operation in accordance with the technical parameters and terms and conditions ofthis authorization by these specified time periods following the date of uthorizaton: Execute a binding contractforconstruction by 930/2005; s es se Completethe Critial Design Review by 9302006; Commence construction by 9302007; Launch and begin operations by9302009; EchoStar Satellite LLC must posta $3 million bond with the Commission, pursuant to the proceduresset forth in Public Notice, DA 03—2603, 18 FCC Red 16283 (2003),by tooros. Failure to meet any of these dates shall renderthis authorization null and void. See 47 C.FR. §§ 25.161 and 25.164. 38. IT IS FURTHER ORDERED that EchoStar Satelite LLC shall prepare the necessary information, as may be required, for submission to the ITU to initte and complete the advance publication, itermational coordination, dudiligence, and notification process of this space station, in accordance with the ITU Radio Regulations. EchoStar Satelite LC shall be held responsible for allcost 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 frequencyassignments of other administations. See 47 C.FR. § 25.1 1 1(b). 39. IT IS FURTHER ORDERED that the icense term for the EchoStar—109W satelite, Call Sizn $2607, fifteen years and will begin to run on the date that EchoStar Satelite LLC certifesto the Commission that the satelite has been suecessfully placed into orbit and its operation fully conforms to the terms and conditions of this authorization. 40. TT IS FURTHER ORDERED that EchoStar Satellte LLC shall provide a written statement t the Commission within 60 days ofthe date of this grant that identifies any known setelites located at, or planned to be located at, EchoSar Satelte LLC‘s assigned orbitallcation, orassigned in the vicinity ofthat location such that the sation—keeping volume ofthe respective satelites might overlap and that states the measures that wil be taken to prevent in—orbit collions with such satelites. T statement should address any Hicensed FCC systems, or any systems applied for and under consideration by the FCC. The statement need not address every filing with the TTU that meets these critera, but should assess and address any systems reflected in ITU filings thatare in operation or that EchoStar Satelite LLC believes may be progressing toward launch, e,g, by the appearance of the system on a Inunch vehicle manifest If EchoStar Satelite LLC elects to rely on coordination with other operators to i1

Federal Communications Commission va or—si63 prevent i—orbit callsions,it shall rovide a sttement as to the manner in which such coordination will be effected. 41— This grant does not in any way constitie an approval of EchoStar Satelite LLCs post— mission disposal plan for the EchoStar—109W saelfte. 42. EchoStar Satelfite LLC is afforded thiry days from the date of adoption of this grant and authorization to decline this authorization as conditioned. Failure to respond within this period will constitue formal acceptance of the authorization as conditioned. 45. This grant is issued pursuant to Setion 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effectve upon adoption.. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission‘s rules, 47 C.FR. §§ 1.106, 1.115, may be filed within 30 days of the date ofthe public noticeindicating that this action was taken. FEDERAL COMMUNICATIONS COMMISSION Thomas S. Tyez Chict, Satelite Division International Bureau 12


Document Created: 2004-09-30 16:28:59
Document Modified: 2004-09-30 16:28:59
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC