Attachment order

order

DECISION submitted by FCC,IB

order

2004-09-30

This document pretains to SAT-LOA-20031215-00355 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2003121500355_401929

Federal Communications Commission DA Qi3164 Before the Federal Communications Commission Washington, D.C. 20564 In the Matter of EchoStar KuX Corporation Application for Authority to Construct, Launch and Operate a Geostationary Satelite Using the Extended Ku—band Frequenciesin the Fixed— File No: SAT—LOA—20031215—00358 Satellite Service at the 121° W.L. OrbitalLocation CllSign: $2609 Order and Authorization Adopted: September 30, 2004 Released: September 30, 2004 By the Chief, Satlfte Division, Iternational Bureau 1 INTRODUCTION 1. In this Order, we grant EchoStar KuX Corporation (EchoStar) uthority to construct, Inunch and operate a reostationary satellte orbit (GSO)satelfte in the Fixed:—Satellite Service (FSS) using the extended Ku—hand frequencies atthe 121° W.L. orbital location." We also grant, with certain conditions, EchoStar‘s associated requests for waivers of ule provisionsthat restict use ofdownlink frequencies the 10.7—11.7 GHz bands. Grant ofthis application will stimulate competition in the United Statesand provide consumers more altermatives in choosing communications providers and services 1. BACKGROUND 2. EchoStar provides Direct Broadcast Stellite (DBS)stelfitservices in the mubichannel video programming distribution (MVPD) market to over 9 million subscribers. EchoStar and ts affliates curently own and operate eight DBS satelite at various orbiallocations. EchoStar has applied for a new stellite, herein referred to as EchoStar—121 W) that wll operateatthe 121° W L. orbitallocation to provide FSS to North and Central America. EchoStar—121W—KuX satelte will supplement and support EchoStar‘s existing MPVD offerings by providing primaril three types of services: Direct—to Home (DTH) services, including "localsinto—local" and High Definition (HD) services,trnsport of programming to EchoStar‘s DBS uplink centers, and intemational DTH, broadband and programming transport services." 3. The proposed satelite will operate with 16 transponders each of27 megshertz usable 4 See EchoStar KuCorporaton Applicaionfor Authority o Construct, Launch and Operae a Geontarionary Satelite Usingthe Exended Ki—band Frequencies in the Pived—Satlite Service t the 121° W.L Orbial LocationFile No: SAT—LOA—20031215—0035, ied December15, 2003, (121W Applicaton). Foparposesof this Order, th"exteded Ku—band"i1.45—11.7 GH n the downlink and 13:75—14.0 GHt itheuin 121W Application arp. 2

Federal Communications Commission ba i3164 bandwidth. Dual orthoganal polarization be employed to give fll frequency re—use othe uplink and downlink spectrum. All thtransponders will use single broad coverage beam on the downlink and a steerable spot beam on the uplink? 4. On April 23, 2003, the Commission adopted the FirsSpace Station Reform Order, substantiall revising it stelfie icensing process‘ by, among other things, adopting a "first—come,first— served" procedure for applications for satellites operating in geostationary—satllte orbit, such as EchoStar—121W.> We placed the application on Public Notice on January 23, 2004 pursiant tthe new Hicensing proces,* New SkiesSatelites N.V. (New Skies) submitted a petiton to condition EchoStar‘s Hicense toreflect New Skies* filimg with the International Telecommunication Union (FTU) in the extended Ku—band at the 120.4° W.L.orbital location thathad filig—date priority over EchoStar‘s ITU filig." EchoStar filed an opposition® to New Skies* Petition and New Skies filed a repl." i. DiSCUsSION A. General Requirements 5... In the First Space Station Reform Order, the Commission adapted various procedural reforms to expedite the satelite licensing process to ensure thatstelite spectrum and orbital resources will be used effcientl, to he benefitof American consumers.In revising the satelte censing rules, the Commission adopted a "frs—come, fist—served" procedure for GSO—like systems."" Pursuant to Section 25.158(bYG)," a GSO—likesatelitelicense application will be granted only if the applicant meets thstandards set fort in Section 25.156(a), and the proposed sateltewill not cause harmful intererence to a previously licensed satelite. Pursuantto Section 25.156(a), the Commission will grant GS0—like * 121w Appl ion atpp. 23. Amendment of the Commisson‘s Space Station Licening Rulesand Polices, Firt Report and Order and Further Notie of Proposed Rulemaking, B Docket No. 02:34, 18 FCC Red 10760 (2003) (Pist Space Staton Reform Order) * (SeeFirst Space Saton Reform Order,18 ECC Red at10804—18 (paras.108—50) * ie Public Notce, Report No. SAT—00188, rel January 23, 2004 * Pertion to Conditon filed by New Skies Sareltes NV. on February 23, 2004 (New Skies Pettion) Specifeally, New Skies requeste th fllowing condins: (1)that EchoStar‘s eense is subjectto th ITU process and that EchaStar has no protetion from iterfrence unless coordination procedires are timely completed and is encouraged to initate nepotitions with othe affected adiminsations; (2) that in the absence of a coordination agreement, EchoSiar mustterminate ts exterded Ku—band opertions onee a steite wih higher TV proniy is broughtinto use within 2 degreesof the 121° W.L. orbtl locationand 3)tht EchoStar must nform is customers othrequrementto cease opertionithe extended Ku—hand service atthe 121° W.L.obital loction fa stelite ith higher TT prioriy is brought inuse wthin 2 degrees of the 121°. W.L. orialloction. Sce New Ski Pertionac6. * Oppositin o Pettion to Conditin filed by EchoStar KuX Cary on March 4, 2004 (EchoStar Oppostion} in ts Oppostion, EchoSar opposes all of New Skies* roposed condiions. Echotr argues that these addional candiions are unnecessiry in light of Commission precedent. t further argaes thatthe thid condion that New Skies proposs is "onerous and impractcal" Reply Commentsfled by New SkiesSatelites N.V. on March 15, 2004 (New Skies Reply) * ‘See FirstSpace Stion Reform Order,18 ECC Red at10776—67 ora.7) C ie FirstSpace Sttion Reform Order, 18 ECC Red at10804—18 (paras108—50) * arorrgasisst0)

Federat Communications Commission pa ct3r6t applications if the Commission finds that the applicant ilegally, technically and otherwise qualifed, that the proposed facilites and operations comply with all applicable rules,regulations, and policies, and that grant ofthe application will serve the public iterest, convenience and necessity.""" Accordingly we review EchoStar‘s applicationto determine whether EchoStar is legally and technically qualifed to hold a satelfite lcense. For reasons discussed below, wefind that EchoStar is legally qualified. We also find that BchoStar is technically qualified,in part becauseit has provided adequatejustication for waivers of severaltechnicalrequirements. a. INTERNATIONAL COORDINATION 6. In the FirstSpace Station Reform Report and Order,the Commission explained that U.S. Hieenses assigned to a particular orbilocation in frst—come,firs—served approach takethei censes subjectto the outcome ofthe international coordination process and that the Commission does not suarantee the success othis coordination"* The Commission specificlly noted that "this may mean that the U.S—licensee may not be able to operate is system ifthe coordination cannot be appropriately completed. Indeed, withthe fist—come, frst—served approach, we assign applicant to the orbit loction that is requested. Consequentl,the applicant assumedthe coordinationrisk when choosing the particular orbitlocation at th time it submited ts appliation."" As a general practice, U.S. lcenses, including the Echostar‘s authorization here, are conditioned to reflet this Commission policy.*® Therefore, we find thatthe conditions proposed by New Skiesare partilly redundant with our standard condition and otherwise unnecessary in this instance." B. Legal Qualifiations 7. EchoStar states that it holds numerous Commission satelte Ticenses, and that is lcgal qualifications are a matter of record before the Commission."" We agree with EchoStar on this issue. Moreaver, no one has questioned EchoStar‘s legal qualifiations to acquire a new satelite license. Accordingly, we find that EchoStar is legally qualiied to hold satellt Tcense. 8 arcrRgasi560). M See FirsSpace Sation Reform Order, 18 ECC Red at 10797 (para. 96). See lso Pegasus Development Corporaton, Application for Authortyto Constret,Launch,and Operate a Ka—Band Satelite System in the Fixed— Saelite Service, Order andduthorizaron, 16 FCC Red 14378, 1386 (prn. 24) n‘ Bur, 201). s u. h See par.37, inb * New Skies requests us to add conditionssimilar to the onesit equested. and which weimposed upon Papua New Guinen‘s Ts 13, when we added thatstelit to the Permited Space Station List. See Lorl SpaceCom Corp. Pettionfor Declatry Rulingto Add Telsar 13 to the Permited Space Sution Lis, Order, 18 FCC Red 16374, 16380—41 (para. 17)(Gatelite Div. 2003). (Testar 73 Order) As apreiminary mater, we note thatthe Telsar 13 conditionsare smla tthe conditions eneraly imposed on U.S. icensees. However, because Telestar 13‘s authorization was isued by Papua New Guinen, we added cerinin additonalconditonsto ensure that transmisionsto orfrom earth sttionin the United Stats id not cause harmful nteferenceto asaelite with higher ITU priort o atherwise confletwth coortiation agreementbtween Papua New Guinea and the Netherlands. Because under normalciumstances, the Unted Statesdoesnothaveaccessto coordination agreements where the United Satesi not a party to the agreement, and because the United Sutesdoes nothave furisdction o terminate operatios over freion satlites, such as Telsar 13, was necessiry o specifythe condiions ofTelsar 13‘ ecesstothe U . market. That is not he case here. * 121W Appliation atp. 6

Federal Communications Commission pa oes164 C. Technical Qui 1. Two—Degree Spacing 8. The Commission‘s licensing policy for GSO satelites is predicated upon two—degree orbital spacing between satelites."" This policy permits the maximum use ofthe geostationary—satelite orbit, In is application, EchoStar provides an interference analysis t demonstrat that EchoStar—121 W is two—degree compliant, as required by the Commission‘s rules.® EchoStar maintains that since there are currently no satelites adjacent to 121° W.L. orbiallcation licensed to use the extended Ku—bands within the United States it was necessary foit to make certai assumptions in is interference analysis regarding the trnsmission 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—121 W complies with our two—degree spacing requirements.. We also conclude that granting EchoStar‘s application will not result in harmful interference to any previously lcensed satellite 2. Full Frequency Reuse 9. In the First Space Suation Reform Order, the Commission extended its fll requency reuse requirements that have been applicable to the "conventional®" C—and Ku— bands for more than two decades toiclude the extended C— and extended Ku—bands."" Full frequency reuse doubles the capacity of space station by requiring operatorsto use two senses of polarization in cach frequency band. The Commissionalso clarified that in addition to employing vertical and horizontal polarization, lcensees could take advantage of newer technology by employing orthogonalinear polarization or orthogonal cireular polarizations with the same beams or the use of spatilly independent.". EchoStar proposes to operate EchoStar 121 W with dualorthogonal—cicular polarizations. Consequenty, it conforms to the rules as revised. 3. Downlink Operations a. Downlink to Customer Terminals 10. EchoStar secks to downlink to customer receive—only earth stations in the 11.45—11.7 GHz frequency bands.".The proposed downlink bands are allocated intemationally and domestically to terrestrial services and to the FSS on a co—primary basis" However, footnote NGIO4 of Section 2.106" * ‘See censingSpace Statins in the Domesic Fixed—Satellte Service, Report and Orcer, 48 F.R.40233 cos). * grork psin®e) % 47 CR §28.210(). See Frst Space Station Reform Order, 18 FCC Red at 18860 (pra. 263) & arcr® ps2i00. # 121W Applicaion atp. 8. 4 47 CBR, §82.106 and 25202(@)(D) Allocation of a given frequency band to a particulr service on a primary basis enites aperatrs to protectionagainst harmfilintrfrence from satons of "secondary" services. Purther, secondary services cannot caim protetion from harmful nterference caused by stations of a primary service. See lso 47 CR §§2.104(4) and 2.105(). Co—primary means that bth servces share the band on an equal basis and both services have equal protection against harmfulinerference from stations of "secondary" services 6. 47 CF.R, §2.106 footmate NGIO4 sttes"fthe use of the bands 10.7—11.7 GHz (spaceo—Eath)and 12.75— 1325 GHe (Bartto—space)by the fivedsatelite servicein the poostationry—stelite orbit shall b limited to intemationalsystems, e otherthan domesicsystems."

Federal Communications Commission pa o+si6t and footmote 2 of Section 25.202(@)(1)" of the Commission‘s rules limit FSS operations in these bands to intermational service only.". The Commission found that restrcting FSS use of these bands to intermational systems would limit the nurmber of FSS earth stations with which the co—primary terestral wireless fixed—service (FS) would need to coordinate.The Commission subsequently declined to amend Foomote NGI4 to exempt NGSO FSS user terminals because that would permit a "ubiquitous deployment" of earth stations 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— 12 GHz and 11.45—11.7 GHz onlyifthe uplink originates outside the US&P. 11. EchoStar requests waivers of footnote NGIO4 of the U.S. Table of Allocations and feotrote 2 of Section 25.202(a¥1) to "the extent necessary," to provide both domestic and international service from the proposed satelite."" EchoSta claims that operation of consumer receive—only antennas on an uncoordinated basis wll not inhibit or otherwise neaatively 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 potential interference from FS transmissions, EchoStar expects that its receive—only earth stations can co—exist with FS stations in most geographic areas of the United States "while maintaining an acceptable quality of service."" EchoStar contends that certain miigating factors, such as buildings, foage and termin will naturally block FS signals.EchoStar also proposes to employinterference mitiation techniques, including careful placement of the receiver andor adtional shielding of the receive—only earth stations, in areas where interference from FS transmittig stations is high."" Finally, EchoStar sttes ts willimgness to accept "any level ofiterference from FS stations into its earth stations in the extended Ku—band.""* Thus, according to EchoStar,this would not undermine the underlying policy of footmote NGIO4, because FS operations will not be neaatively impacted by EchoStar‘soperations. 12. EchoStar expresses its willingness to comply with footnote NGIO4 and footote2 of Section 25.202(a)(1) in the event that the Commission does not grant the requisite waiver requests."" In this event, EchoStarstates t prepared to conduct uplink transmissions exclusively from other countres, 25— 47 CFR. $28 202@( foomote 2 stats "fulse f this by peostionary satellte orbit stelite systems in the fixed—satelfte service is imited t nterationalsystems; e otherthan domestc systems:" "" See Satellte Services, 26 RR 24 1257, 1263—45 (1973), and GHARC Inguiy, 70 ECC 28 1195, t252 (1978). See lso Assignment of Orbial Locationto Space Sations in the DomestFned Sateie Service and the Applications of GE American Communications, Inc, Order and Authrizarion, 15 ECC Red 3385 (Sat & Radiocomm. Div. 1999) * 1a * Amendments ofPars 2 and 25 ofthe Commission‘s Rules o Permit Operaion ofNGSO FSS Systems Co— Frequency with GSO and Terrestial Sstems in the K—Band Frequency Range (Fit Reportand Order and Further NFRM), FCC 00—418, 16 FCC Red 4096, 411 1—12(paras. 20 and 31) (2000)(Ki—bondNOSO FSS Order). 121W Application atp. 8 # 121W Application atp.9 * s * @ C u. * ut * ta 121W Application atp. 10.

Federal Communications Commission va orsiet thereby operating the system in a manner that would qualify as interational service." 13._ Section 1.3 of the Commission‘s rules authorizes the Commission to waive its rules for "good cause shown.""" Waiver is appropriate only if specialcircumstances warrant a deviation from the general rale,and such deviation would better serve the public interest than would strict adherence to the general ril." Generally, the Commission may grant a waiver of is rules in a particular case only ifthe relief requested would not undermine the policy objective of the rule in question and would otherwise serve the public interest.". In considering requests for non—conforming spectrum uses, the Commission has indicated that t would generally grant such waivers "when there is litle potentialforinterference into any serviceauthorized under the Table of Frequency Allocations and when the non—conforming operator accepts any interference from authorized services."* 14. In this instance, a waiver of footote NG 104 would not undermine the rule‘s purpose because it nvolves only passive receive—onlyearth stations that are not capable ofcausing interference into FS stitions operating in this band. Purther, because, EchoStar has agreed to accept any level of interference from FS stations into ts receive—only earth stations® operations in the extended Ku—bands, FS operators will not be required to coordinate thir sation operations with the EchoStar receive—only earth stations‘ operations. Under these circumstances, we determine that additional coordination burden would not be placed upon FS aperators and that their abiity to expand service in the future would not in any manner be restrited. However, we remind EchoStar that it is agreing to operateis receive antennas in the downlink extended Ku—bands on a non—interference basis relative to FS earth stations._ Accordingly, EchoStar shall not claim protection from harmful interference from authorized FS stations to which frequenciesare either already assigned, or may be assigned in the future. In addition, we require EchoStar to inform its customers in writing, including any customers receiving enduse service from resellers accessing capscity on EchoStar—121W, of the porential forinterference from FS operations in the 11.45— 1.7 GHz frequency band b. Tracking, Telemetry & Control Operations 15. In additionto the walver of footrote NGIO4 for its receive—only earth stations discussed above, EchoStar seeks a waiver of foomote NGIO4 and foomote 2 of Section 25.202(a)(1) for its Tracking. Telemetry, and Control (TT&C) operations. EchoStar plans to locate its TT&C earth stations in the United Stites, and to operate its TT&C links atthe edges of the extended Ku—bands."" Because a single carth sttion within the United States would both transmit uplink and receive downlink TT&C transmissions in extended Ku—bands, EchoStar‘s proposed TT&C operations do not comply with footnote NGIO4. Therefore, EchoStar requests waivers of footote NG1O4 and footmote 2 of Section 25.202(a)(1) ofthe Commission‘s ules. * 121W Applicaton atp. 10. * See Sectio 13 ofthe Commission‘s mles, 47 CBR. §13, See also WATT Radiov. FCG, 418 F2d 1183 (D.C. Cir. 196%)(—AFT Radio) Norteast Celliar Tel Co. v. FGC, 897 F2d 166 (D.C. Cir. 1990) (Northcost Celliar) * See NortheastCeltdar, 897 F2dat 1166. * See WAIT Rodio, 418 F2 w 1157. © See PugroChance, Inc. Order and Autorizarion, 10 ECC Red 2860 (pare. 2) (Inc] Bur., 1999) (sthorizing nor—conforming MSS in the C—band); Sce also Motorola Satelite Communictions, Inc, Appltion for Modifation of License, Order and Auhoriztion, 11ECC Red 13952, 13956 (par. 11) (Intl Bur, 1996) (aithoricingservice o fixed terminals n bands alcated t the mobilesitelite srvice. 121WApplcation at Atachment A.p. 17.

Federal Communications Commission pacesies 16. EchoStar argues thatthe nature of TT&C operations is such that TT&C transmissions must inevitably uplink and downlink from the same earth station. Additionally EchoStar contends that for reliability and cost reasons,the earth station 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&C operations will be primaily be conducted from one (or perhaps a small number ) earth station(s)." 17. As noted above, the Commission adopted the footnote NGIO4 restriction in order to imit the number of earth sttions with which the FS applicants would have to coordinate. The Commission has waived this requirement where the number of potental 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 footnote NGIO4 in order to allow a GSO Mobile Satelite Service (MSS) Hicensee to use seaments of the band for domestic feederlink 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 Intermational Bureau also recently granted a waiver of NGIO4 to an applicant secking to operate feeder—inks fora single satelite with no more than two feeder—ink earth stations."The Bureau found that thincremental impact ofthe licensce‘s proposed use of the extended Ku—band for feeder—links would not increase the frequency coordination burden on terrestril wireless servicessignificantly more than the existing permitted use ofthose bands by an international system." 18. For similar reasons, we grant EchoStar‘s request for waiver of Footote NGIO4 and foomote 2 of Section 25.202(@¥1) for its TT&C operations, We are authorizing EchoStar to operate at most, only one TT&C earth station." This should not significantly increase the coordination burden on FS applicants. Further, TT&C operations will be conducted only atthe edges of the service bands." Moreover, we agree with EchoStarthat TT&C signals must be trinsmited from and received atthe same earth station" and forcing EchoStarto locate its TT&C earth station outside of the United States would * 121W Application atp. 11. Specificall, the Commission noted that most of the partesapplying for NGSO FSS authoriztion in the extended Ku—band were proposingto deplay fewer than five such gateway stations in the Unied Stes. See A~ band NGSO FSS Order, 16 FCC Red at 41 12 (pra. 31 and n 69) * See Amendment of Pars 2, 22,and 25 of the Commission‘s Rules to Allocate Spectrum for and to Establish Other Rules and Policies Peraining to the Use of Radio Frequencies in a Land Mobile Stelite Service for the Provision of Various Common Carier Services, Memorandiim Opinion, Order, and Authorization, 4 FCC Red 6041, 6081 (para. 70)(1989). a ‘See Bosing Company, Applcations For Modifiation of Authoriy For Useofhe 1990—20257216s—2200 MJtz and Associated Frequency Band foa Moble—Satelite System and Appleations For Authorty to Launch and Operate a Non—Geosynchonous Medium Earh Orbit Satelite System in the 2 GHz Band MobileSatelite Service and in the Acronatical Radionavization—Satelite Servie, Order andAuthorizaion, 18 FCC Red 12317, 12322—24 (paas. 14—18) (InBur.and OBT 2003) (Bocing Order) # See Bocing Order, 18 ECC Red t 12323 (pan. 15) ® in the Application, Echotar is not specif regardingthe precise nuribeof TTRC earth sutions it might require, beyond the one. Accordingl, becaise EchoSar has notindlated a definte need for more than one TT&C earth stationto belocated withn the Unied Smes, this waiver prtinsonl toa single TTRC earth sarion. See 121W Application t Section VIIB, . 11. EchoStar willberequired to oordinat ts proposed TT&C earth strion withterestial sations prsuantto Setion 25203 ofthe Commission‘s rules. See also 47CR Section §28.203 # 121W Applcation at Atachment Ap. 14. See 47 CRR, 528202( a 121W Applcation atp.4.

Federal Communications Commission vacisiee adversely affect EchoStar‘s abilty to maintain control of the spacecraft Thus, we grant EchoStar a waiver of NGIOS to allow it to provide TT&C to EchoStar—121W from one earth station located in the UnitedStates 19. Additionall, based on ourreview of the echnical information EchoStar‘s submitd, we conclude that EchoStar complies wth Section 25.202(z) ofthe Commission‘s rules which requires the frequencies selected for TT&C functions to be at ether or both edges of the allocated bands. 4. Coondination with NTIA 20. The 13.75—14.0 GHz band has been allocated domesticaly and intemationally to the fixed:satellite service, subjectto restrictions embodied in footnotes to the domesti and intermationaltables ofallocations. The 13.75—14.0 GHz band is shared on a primary basis wth the Government radiolocation service and with the forward space—to—space and space—to—Earth links of the NASA Tracking and Data RelaySatelite (TDRS) System in the space research service. Consequently,eath stations in the US&P operating with EchoStar—121W will require coordination through the National Telecommunications and Information Administration (NTIA) Interdepartment Radio Advisory Committee‘s (RAC) Frequency Assignment Subcommittes (FAS):" We have received a leter from the NTIA requesting that we identfy this requirement in any grant ofauthority to operate a satelte in the 13.75—14.0 GHz band."" 21 Domestically, footnotes US337, US356, and US3S7 are lppliublef" These footnotes place certain restrictions on FSS operations order to profect government operations in the band, including manned space Might.". Intermationally, foomotes 5.502 and 5.503 to the Intemational Telecommunication Union (FTU) Radio Regulations place certain similar restrictions on FSS operations." The fundamental diffeence between the domestic and international footnotes is that the international footmotes permit operation of antennas with diameters as small as 1.2 meters for earth stations of a peostaionary FSS network, whereas, the U.S. footnotes require a minimum earth station diameter of 4.5 meters.. We require thateath stations in the US&P operate in accordance with the U.. foomotes US3S6 and US357. For non—US&P earth stations accessing the EchoStar—121 W satellte, we require operation to " See Amendment of Pars 2, 25, and 90 f he Commissio‘s Rules to Allocat t 13:75—14.0 GHz Band to the Fixed.Saelite Service, Report and Order, ET Docket No. 9620, 11 FCC Red 11951, 1196061. 20) (1999. ® See Letter from Willam Hatch, Acting Associate Administator, Offce of Spectrum Management, NTIA, 10 Roderck Portr Acting Chie, Interational Bureau, FCC (dared May 11, 1999) 5* Feomore US337 requires that earth sutions opecting in the 13.75—13.8 GHtz band be coortinated trough the National Telecommunieations and Information Adminstation (NTIA) Interdeparment Radio Advisory Commitee‘s Frequency Assignment Subsommitee to minimireimerfrence to the forward spaceto—space lik of nal Aeronsutis and Space Administation Tracking and Data Relay Satelite System. 47 C.FR,§2.106 * Foomote US356 placesa restrition on minimum antenna size of4.5 metersfor earth stations openatingin the 13.75—14.0 Giiz band and indictesa minimum equivaent isoropically radiated power (eir)that should be used. Footmote US357 liits FSS earth sution eirp.spectral denstyin the 13.77—13.78 GHz band untl hose prosttionary space stations n thespace reserch service for which advance publication information was received by the ITU priorto 31 January 1992 cease to operatein this band. * Foomote 5.502 to the ITU Radio Regulatonsestablishes minimum antenna diameters for eath sationsof prostationary and non—pcosationary satelite networks, and places certin retritions on wither the minimum equivalent isotropiall radiated power (eir;>) othe power fux densty (p. levels produced by crth sutions openating in the 13.73—14.0 GHtz band. Footnote 5.503 Iimits FSS earth stution «. spectral densiy in the 13.770— 13.780 GHtz band for earth sutions in the FSS operting wth geostiiona—orbit space staions, untl those prostationary space sutions in the apace research srvice for which advance publication information wasreceived by the ITU prioto 31 January 1992 cease to operate in this band.

Federal Communications Commission ba o+s1e4 be consistent with the intern nal footnotes. 22. MTU Radio Regulation footnote .503A required the fixed:satellte service not to cause harmful interference to non—geostationary space stations in the space research and Earth exploration— satellite services prior to the January 1, 2000 and for some earth stitions to accommodate the needs of spacebome precipitation radars operating in the band 13.793—13.405 GHz."" We have received a leter from NTIA noting that NASA‘s Tropical Rainfll Measuring Mission (TRMM) satelite system radar in the band 13.793—13.405 GHz is stll operating."" Because TRMM is a highly valuable and visible U.S. asset, with a broad range of interational users, NTIA has requested eooperation from the Commission and non— Federal Govermment entiies in providing assistance in reducing interference with the TRMM radar." NTIA notes that it desires that FSS earth stations n the 13.793 — 13.05 GHz frequency band located south of 39° N. and east of 110° W. operate with emissionlevels below ~150 dBW/600 k1z atthe TRMM space station receiver. Because this is a request and not a requirement, considering the secondary nature of the TRMM operation, we urge, but do not requie, operators of eath stations accessing EchoStar—121 W in the 13.75 — 14.0 GHe band to cooperate voluntarily with NASA in ordertofailtte continued operation ofthe TRMM satelite. NTIA also notesthat none of the ather space—based radar operations covered by 5.503A will secontinued cooperation in this respect. " D. Financial Qualifications 23. Inits Firs Space Station Licensing ReformOrder, the Commission eliminated the financial requirements then in place and replaced them with a bond requirement."" Under this new financial requirement, any entty awarded a icense fora GSO satelite must execute a payment bond, paableto the U.S. Treasiry, within 30 days ofthe date ofthe lcense grant. The bond is payable upon failure to meetany implementation milestone in the icense, where adequate justiication for extending that milestone is not provided." Licensees may reduce the amount of the bond upon meeting each milestone." In light ofthe Commission‘s recent decision to revisethe bond amovunt to $3 million for geostationary satellite orbit space stations, we will require EchoStar to posta $3 n 30 days othe date ofthis grant" E. Orbital Debris Mitigation 24. In its application, EchoStar provides a narrative describing the proposed satellt‘s debris mitigation design and operationalstrategies,if any, it will us, as required by Section 25.216(4) of the * Feotmote 5503A was suppressed at WRC—03, It stated that: "Until 1 January 2000 sutions in the fixed= sateie service shall mt cause harmful nterference to non—acostaionary spoce sttions in the space esearch and Earth explortion—satelite services. Additonaly, when planning earth sttions in the fxedsaelite serviceto be broughtinto servicebetween 1 January 2000 and 1 January 2001, in ordet accommodate the needs o spacchome bon radars operatin in the band 13.793—13.805 GHtz advantag should btaken oftheconsutation process and te information given in Recommendaion TTU—R SA.1071;" * See Leterfrom FrederickR. Wendand, Acting Associate Administator, Offce of Spectrum Management, NTIA,to Don Abelson, Chie, Intemational Bureau, FCC (dted Febrwary 28, 2002) * 1 # o% € See First Space Station Reform Order, 18 ECC Red a 10826 (pae. 170 £ u. * 1 at 1082627 fore 172) Amendment of the Commission‘s Space Staion Licensing Rules and Polices, Arst. Order on Reconsideration and Fifh Report and Order, 1B Docket No.02:34, ECC O4—147(rel. uly7, 2004 o

Federal Communications Commission vaoesiee Commission‘s Rules:®. EchoStar sates in its application that in order to control orbital debris, EchoStar proposesto use a design for ts satelte and launch vehicle that will minimize the amount of debris that is released during normal operations. Additionally, EchoStar plans to conduct an analysis to ensurethat the probsbility of colliions with any known space bom objects during the satelite‘s normal operational lifetme is minimal.. EchoStar also plans to conduct an analysis that will demonstrate that no realistic failure modes exist or can lead to an accidental explosion during normal operations or before completion of post—operationaldisposal. Further, EchoStar states that it will maneuver its satelite t a storage orbit with a perigee altitude above its normal operational orbit.. EchoStar also states its intent to use a maneuver strategy that reduces therisk ofleaving any of part of ts spacecraft near an operational orbit Finally, EchoStar also contends that after the satelte reaches it finaldisposal orbit, all onboard sources of stored energy willbe depleted orsafely secured. F. Milestones 25. In the First Space Station Reform Order,the Commission noting that milestones are intended to ensurethat lcensees provide service tothe public a timely manner, t prevent warchousing of searce orbit and spectrum resources codlfied its generic milestone policy in Section 25.164 of its Rules* Consistent with this, 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. 1v. CoNCLUSION AND ORPERING CLaUsES 26. We find that granting EchoStar‘sapplication and associated waiver requests, to the extent provided herein will serve the public interest by providing effective use ofthe imited spectrum resource. 27. Accordingly, IT 18 ORDERED that EchoStar KuX Corporation‘s application, SAT— LOA—20031215—00355, Call Sign $2609, 1 GRANTED and EchoStar KuX Corporation is authorized to construct, lainch and operateits EchoStar—121 W satelite at 121° W.L., i the 11.45—11.7 GHz and 13.75— 14.0 GHz frequeney bands, in accordance with the terms, conditions, and technical specifications set forth in ts application and this Order and Aurhorizarion. 28. IT IS FURTHER ORDERED that EchoStar KuX Corporation‘s requests for waivers of NG1O4 of the U.S. Table of Allocations and foomote 2 of Section 25.202(@)(2), in order to provide domestic service using receive—only earth stations in the 11.45—11,7 GHz bands ARE GRANTED. 20. IT IS FURTHER ORDERED that EchoStar KuX Corporation shall operate its receive= only earth stations in the 11.45—11.7 GHz bands on a non—interference basis relative to FS stations and that EchoStar KuX Corporation shal not claim protection from harmfilinterference from any authorized S stations to which frequencies are ither already assigned., o may be assigned in the future. 30. IT IS FURTHER ORDERED that EchoStar KuX Corporation is required to inform its customers in writing, including end—users receiving service from resellers accessing capacity on EchoStar 121W, that the service is being provided on an uncoordinated basis, and ofthe potential for nterference from FS operations. 31. TT IS FURTHER ORDERED that EchoStar KuX Corporation‘s requests for waivers of 5 121W Application at pp. 12—13. See47 CER. §25216(0) * ie FirstSpace Saton Reform Order, 18 ECC Red at 10828 (pora. 173) 10

Federal Communications Commission va cesiet NG1O4 of the U.S. Table of Allocations and footnote 2 of Section 25.202(a)(1), iorder to permit TT&C from the US&P in the 11.45—11.7 GHz frequency bands ARE GRANTED. 32. TT IS FURTHER ORDERED that the waiver to permit TT&C operations in the 11.45— 11.7 GH frequency bands conditionally granted herein,pertains only to TT&C transmissions between a single GSO satelfite at 121° WL. and a maximum ofone fixed earth station within the continental US&P. 33. __IT 18 FURTHER ORDERED that EchoStar KuX Corporation shall coordinate its potential TT&C earth station operations with terestral FS stations in accordance with Section 25.203 of the Commission‘s rules. 34. IT 1S FURTHER ORDERED that n the 13.75—14.0 GHz band, all eath stations in the US&P are required to coordinate through NTIA‘s Interdepartment Radio Advisory: Committee‘s Frequency Assignment Subcommite. 35. IT IS FURTHER ORDERED that the operation of the EchoStar—121 W satellite network in the 13.75—14.0 GHz band shall be in accordance with foototes US36 and US3S7 to 47 C.F.R. § 2.106 in the US&P, and with footnotes 5.502 and 5.503 to the ITU Radio Regubtions outside of the US&P 36. T IS FURTHER ORDERED that EchoStar—l21W must be constructed, launched, and placed into operation in accordance with the technical parameters and terms and conditions of this authoriztion by these specified time periods fllowing the date ofauthorization: Exeeute a binding contract for construction by 930.2005; s &n ce Completethe Critcal Design Review by 9302006; Commence construction by 9/30/2007; Launch and beain operations by 9/30/2009; EchoStar KuX Corporation must posta $3 million bond with the Commission, pursuant to the procedures set forth in Public Notice, DA 03—2603, 18 FCC Red 16283 (2003), by 100/04. Failureto meet any of these datesshall ender this authorization null and void. See 47 CFR. §§ 25.161 and 25.164. 37. TT IS FURTHER ORDERED that EchoStar KuX Corporation 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. EchoStar KuX Corporation shall be held responsible foall cost recovery fees associated with these ITU filings. We also note that no protection from interference eaused by radio stations muthorized by other administrtions is muaranteed unless coordination and notification procedures are timely completed or, with respect to individual. administrations, by suecessfully 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 ofthe frequency assignments ofother administrations. See 47 C.F.R. § 25.1 1 1(b). 38 IT IS FURTHER ORDERED that the license term for the EchoStar—121%, Call Sign $2609,is fifeen years and will begin to rin on the date that EchoStar KuX Corporation certifiesto the Commission thatthe satelite has been successfully placed into orbit and ts operation fully conforms to the trms and conditions ofthis authorization. 30. IT IS FURTHER ORDERED that EchoStar KuX Corporation shall provide a written sttement to the Commission within 60 days ofthe date of this grant that identifies any known setelites located at, or planned to be located at, EchoStar KuX Corporation‘s assigned orbital location,or assigned i1

Federal Communications Commission va oesiet in the vicinity of that location such that the station—keeping volume of the respective satelites might overlap, and thatstates the measures that willbe taken to prevent in—orbit collisions with such satelites. This sttement 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 ITU that meets these erteri, but should assess and address any systems reflected in ITU filings thatare in operation or that EchoStar KuX Corporation believes may be progressing toward launch, eg., by the appearance of the system on a Iaunch vehicle manifest. If EchoStar KuX Corporation elects to rely on coordination with other operators to prevent in—orbit colliions, it shall provide a sttement asto the manner in which such coordination will be effected 40. This grant does not in any way constitite an approval of EchoStar KuX Corporation‘s post—mission disposal plan for EchoStar—121 W 41. EchoStar KuX Corporation is afforded thirty days from the date of adoption of this grant and authorization to decline this authorization as conditioned.. Failure to respond within this period will constiite formal acceptance othe authorizationas conditioned. 42. This grant is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 CFR. § 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.ER. §§ 1.106, 1.115, may be filed within 30 days of the date ofthe public notice indicating that this action was taken. FEDERAL COMMUNICATIONS CoMMISSION Thomas S. Tyez Chicf, Sarelite Division International Burcau 12


Document Created: 2004-10-21 15:35:35
Document Modified: 2004-10-21 15:35:35
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