Attachment Letter of Intent SAT-LOI-20110809-00146

Attachment Letter of Intent

This document pretains to SAT-LOI-20110809-00146 for Letter of Intent on a Satellite Space Stations filing.

IBFS_SATLOI2011080900146_910964

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proposes to provide through this Letter of Intent. Without limitation, these services

include high-speed data transmission and high-speed Internet access, which in turn can be

used by third party content-providers for offerings such as high definition video

programming, on-demand entertainment, digital music, and interactive television.

Isolated rural areas that are currently not well served by available terrestrial technologies

are particularly likely to benefit from the availability of the new capacity proposed here.

Provision of high-speed Internet service to such areas is currently a high national priority,

the fulfillment of which should provide substantial new job opportunities and promote

economic recovery.2

The Jupiter 97W satellite will incorporate state-of-the-art engineering to achieve

enhanced flexibility of service offerings. The satellite features capacity in excess of 100

Gbps, and will provide 60 spot beams operating through 15 gateway earth stations.

Jupiter 97W will be fully compliant with Commission rules relating to Ka-band blanket

earth station licensing.

II. PUBLIC INTEREST CONSIDERATIONS SUPPORT GRANT
OF THIS APPLICATION _

As the Commission is aware, Hughes is the global leader in providing broadband

satellite network solutions for large enterprises, governments, small businesses and

consumers, with more than 1.5 million Very Small Aperture Terminal systems ordered or

shipped to customers in over one hundred countries. Hughes pioneered the development

of high-speed satellite Internet access services and IP-based networks, which it markets

2
See, e.g., American Recovery and Reinvestment Act of 2009, § 6001 (requiring the
National Telecommunications and Information Administration to establish the Broadband
Technology Opportunities Program to provide broadband service to unserved areas and
improve access to broadband service in underserved areas).

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in the United States and globally. Today, Hughes provides and enables a variety of

managed network services and equipment that meet unique enterprise customer needs for

data, voice and video communications, typically across geographically-dispersed

locations. Importantly, Hughes also provides satellite broadband connectivity to

approximately 500,000 consumer and small business subscribers in North America.

In August 2007, Hughes Communications, Inc. (“HCI”), parent corporation of

Hughes, launched SPACEWAY 3, the company’s first Ka-band FSS satellite, into the

94.95° W.L. orbital location.3 SPACEWAY 3, following a period of in-orbit testing and

validation, entered commercial service on April 3, 2008. On May 5, 2010, the FCC’s

International Bureau granted authority for Hughes to access the U.S. market using the

SPACEWAY 4 satellite (also known as Jupiter 107W), to be located at 107.1° W.L.

(FCC File No. SAT-LOI-20091110-00119). SPACEWAY 4 is under construction by

Space Systems/Loral, and the satellite is on track to be launched aboard an Arianespace

rocket in the first half of 2012.4

The addition of Jupiter 97W to the Hughes fleet of spacecraft will further

Hughes’s commitment to providing satellite broadband connectivity, and reinforce the

emergence of Ka-band FSS spectrum as a medium for delivery of that connectivity. The

3
In 2008, HCI effected a pro forma assignment of the SPACEWAY 3 license (Call Sign
S2663) from HCI to Hughes. See File No. SAT-ASG-20080213-00041; Letter from
Stephen D. Baruch, Counsel to HCI, dated August 11, 2008 (notifying the Commission
of the consummation of the assignment).
4
Hughes recently declined Letter of Intent authorizations for two Ka-band GSO FSS
satellites to serve the U.S. market from the 109.1°W.L. and 90.9° W.L. orbital locations,
respectively. See Letters from Stephen D. Baruch, Counsel to Hughes Network Systems,
LLC, to Marlene F. Dortch, Secretary, FCC (July 15, 2011). In declining the
authorizations, Hughes emphasized that it remains committed to the development of and
service to the burgeoning U.S. market for satellite broadband services. The submission
of the instant filing is confirmation of this commitment.

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Jupiter 97W satellite’s state-of-the-art Ka-band capabilities will speed broadband services

to consumers and enterprises at high data rates. With the advanced and flexible design of

this satellite, Hughes will be better able to respond to the rapidly expanding needs of its

customers, particularly for broadband satellite services throughout the United States.

Rural consumers, many of whom cannot be reached by terrestrial broadband providers,

will be among the primary beneficiaries of the Jupiter 97W satellite.

III. EFFECTIVE COMPETITTIVE OPPORTUNITIES SHOWING UNDER
DISCO II – 47 C.F.R. § 25.137(a)

As a request to access the U.S. market using a foreign-licensed satellite, this

Letter of Intent is subject to the Commission’s DISCO II framework.5 The DISCO II

analysis includes consideration of a number of factors, such as the effect on competition

in the United States, spectrum availability, eligibility requirements, technical

requirements, national security, law enforcement, foreign policy and trade concerns.6

A. Effect on Competition in the United States

In DISCO II, the Commission established a rebuttable presumption that entry by

non-U.S. satellites authorized by World Trade Organization (“WTO”) Members to

provide services covered by the U.S. commitments under the WTO Basic

Telecommunications Agreement will further competition in the United States.7 The

5
Amendment of the Commission’s Regulatory Policies to Allow Non-U.S. Licensed
Satellites Providing Domestic and International Service in the United States, Report and
Order, 12 FCC Rcd 24094, 24107-17(¶¶ 30-49) (1997) (“DISCO II”).
6
See e.g., Telesat Canada, Petition for Declaratory Ruling for Inclusion of Anik F2 on
the Permitted Space Station List, Petition for Declaratory Ruling to Serve the U.S.
Market Using Ka-band Capacity on Anik F2, Order, 17 FCC Rcd 25287, 25290(¶ 6)
(2002).
7
DISCO II at 24112 (¶ 39); see also 47 C.F.R. § 25.137(a)(2).

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United Kingdom is a member of the WTO, and Hughes seeks to use the requested

spectrum to provide satellite services that are covered by the WTO Basic

Telecommunications Agreement.8 Accordingly, the presumption in favor of entry applies

to Jupiter 97W.

Even in the event that particular services to be provided over Jupiter 97W were to

fall outside the scope of the WTO accord, 9 the applicable ECO-Sat test would still be

satisfied. For example, the U.K. has a telecommunications market that is fully open with

respect to foreign-licensed satellites used to deliver DTH services. Under U.K. law, the

reception of signals from any foreign-licensed satellite can be prohibited only if the

content being transmitted is determined to be illegal and an order specifically proscribing

transmission of this content has been adopted.10 The U.K. policy conforms to the

European Union directive specifying that “Member States shall ensure that any

regulatory prohibition or restriction on the offer of space segment capacity to any

authorised satellite earth station network operator are abolished . . .”11 These factors have

been relied upon by the Commission to affirm that “the ECO-Sat Test is satisfied for [the

8
See Pacific Century Group, Inc., 16 FCC Rcd 14356, 14361 (2001) (presuming,
consistent with U.S. commitments under the WTO Basic Telecom Agreement, that a
U.K.-licensed service provider’s provision of any “non-DTH” fixed satellite services in
the U.S. will further competition in the U.S market).
9
See DISCO II, 12 FCC Rcd at 24136 ¶ 98 (“We will apply the ECO-Sat test to requests
involving provision of DTH, DBS, and DARS by non-U.S. satellites.”).
10
Such an order must satisfy the conditions described in Article 177 of the Broadcasting
Act 1990, as amended by the Communications Act 2003, Schedule 15, ¶ 61.
11
EC Directive 2002/77/EC on competition in the markets for electronic
communications networks and services, OJ L249, Article 7(1), page 21 (September 16,
2002).

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United Kingdom, among others] … for DTH service to, from, and within the United

States ....”12

Allowing Hughes to serve the U.S. by accessing Jupiter 97W will uphold the

intent of the WTO Basic Telecommunications Agreement to facilitate fair and open

competition in satellite communications services, and provide equivalent opportunities to

serve the U.S. market to facilities licensed in countries that allow U.S.-licensed satellites

to access their domestic markets (as the United Kingdom has committed to do, and does).

Grant of this Letter of Intent will enhance competition in the U.S. satellite services

market by permitting Hughes to introduce expanded satellite broadband services, thereby

stimulating lower rates, improved service quality, increased service options, and greater

technological innovation. The Commission consistently has relied favorably on these

same public interest benefits in granting similar requests.13

B. Spectrum Availability

This Letter of Intent proposes to access the U.S. market with Jupiter 97W from

the 97.1° W.L. orbital location using segments of the Ka-band designated for primary

GSO FSS use, as well as those segments designated for primary nongeostationary

(“NGSO”) FSS use. In keeping with recent Commission authorization decisions, Hughes

12
See FCC Authorization, FCC File No. SAT-ASG-20080609-00120, at 3 (IB, granted
August 6, 2008) (authorizing the “reflagging” of AMC-21 from the U.S. to Gibraltar and
the assignment of the license from SES Americom, Inc. to SES Satellites (Gibraltar)
Limited).
13
See, e.g., Digital Broadband Applications Corp., 18 FCC Rcd 9455 (2003); Pegasus
Development Corp., 19 FCC Rcd 6080 (2004); DIRECTV Enterprises, LLC, Request for
Special Temporary Authority for the DIRECTV 5 Satellite, 19 FCC Rcd 15529 (2004).

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emphasizes that its use of the NGSO bands will be on a strictly secondary, non-harmful

interference basis.14

Hughes’s proposal is fully compliant with the Commission’s two-degree spacing

requirements, will not cause harmful interference to any other authorized user of the

spectrum, and is compatible with future Ka-band assignments consistent with the FCC’s

Rules. Therefore, this request is fully consistent with the procedures set forth by the

Commission in the Space Station Licensing Reform Order regarding processing of GSO-

like services.15

C. National Security, Law Enforcement, and Public Safety Matters

Grant of this Letter of Intent is consistent with U.S. national security, law

enforcement and public safety considerations. Hughes, a U.S. company, will own and

control the Jupiter 97W satellite to provide service to customers in the U.S., Canada and

Mexico. The satellite’s authorization from the United Kingdom is held by Hughes

Network Systems, Limited (“HNS, Ltd.”), an indirect wholly-owned subsidiary of

Hughes. Hughes has a long history of providing satellite communications services to

U.S. government users.

14
The International Bureau recently granted Hughes such authority for an identical
satellite utilizing an uplink operating at 28.6-29.1 GHz on a secondary basis. See Hughes
Network Systems, LLC, DA 11-1067, slip op. at 4-5 (Int’l Bur., released June 17, 2011)
(“Hughes”). See also Northrop Grumman Space & Mission Systems Corporation,
24 FCC Rcd 2330, 2357-2360 (Int’l Bur. 2009), citing contactMEO Communications,
LLC, 21 FCC Rcd 4047-48 (Int’l Bur. 2006) (Commission authorizes GSO use of
primary Ka-band NGSO spectrum based on the applicant’s technical showing that its
GSO FSS satellites will not interfere with non-Federal NGSO FSS operations).
15
See Amendment of the Commission’s Space Station Licensing Rules and Policies, First
Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 10760,
10806 (¶113) (2003).

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Hughes will be responsible for all aspects of the construction and operation of the

Jupiter 97W satellite. HNS, Ltd., as the United Kingdom licensee, will be responsible for

and have authority over the satellite network in order to ensure compliance with any rules

and obligations established by Ofcom.

HNS, Ltd. is 100 percent owned and controlled by Hughes Network Systems

Europe, Ltd. Hughes Network Systems Europe, Ltd. is 100 percent owned and controlled

by Hughes.

The directors and officers of these two subsidiaries are listed below.

Hughes Network Systems Europe. Ltd

Directors
Pradman Kaul*
Bahram Pourmand*
Michael Cook*
Christopher Britton
Dean A. Manson

Officers
Christopher Britton
Dean A. Manson*
Claire Denton

Hughes Network Systems, Ltd (UK)

Directors
Bahram Pourmand*
Dean Manson,*
Christopher Britton

Officers
Christopher Britton

Dean A. Manson
Claire Denton
* Also an officer of Hughes Network Systems, LLC
(See Exhibit in Response to FCC Form 312, Question 40, at 2-3)

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IV. LEGAL AND TECHNICAL INFORMATION – 47 C.F.R. § 25.137(b)

A. Legal Qualifications

As the Commission is aware, Hughes is 100 percent owned and controlled by

EchoStar Corporation (“EchoStar”), which is, in turn, controlled by Mr. Charles W.

Ergen. Hughes’s legal qualifications are set forth in this Letter of Intent and in the

attached FCC Form 312 (including associated exhibits). In addition, Hughes’s and

EchoStar’s legal information and qualifications to hold Commission licenses are is also a

matter of record in the proceeding through which the FCC approved the transfer of

control of Hughes to EchoStar (FCC File Nos. SAT-T/C-20110228-00041 and -00042,

SES-T/C-20110228-00221, -00222, -00223 and -00224, and Experimental License File

Nos. 0001-EX-TC-2011, 0002-EX-TC-2011 and 0003-EX-TC-2011). See BRH Holdings

GP, Ltd., Transferor and EchoStar Corporation, Transferee, Applications for Consent to

Transfer Control of Hughes Communications, Inc., Hughes Network Systems, LLC, and

HNS License Sub, LLC, Order, IB Docket No. 11-55, DA 11-1015, slip op. (IB, released

June 8, 2010). In any event, this Letter of Intent and its attachments include all of the

information required for space station applicants in Section 25.114 of the Commission’s

rules. See 47 C.F.R. § 25.114.

B. Technical Qualifications

A complete Technical Annex and Schedule S for Jupiter 97W is provided as part

of this application. The Technical Annex includes the orbital debris mitigation showing

required under Section 25.114(d)(14) of the Commission’s Rules. 47 C.F.R.

§ 25.114(d)(14).

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V. OTHER U.S. REGULATORY REQUIREMENTS – 47 C.F.R. § 25.137(d)

A. Implementation Milestones

Hughes acknowledges the requirement to provide the Commission with

anticipated dates for commencement or completion of key milestones in the satellite

implementation process consistent with Section 25.114(c)(12) of the Commission’s Rules

(47 C.F.R. § 25.114(c)(12)), and to meet these milestones consistent with the

requirements of Section 25.164(a) of the Commission’s Rules (47 C.F.R. § 25.164(a)).

Specifically, Hughes plans to implement its Jupiter 97W satellite on the following

timetable: (i) execute a binding contract for construction of its satellite prior to the one

year anniversary of the grant of this Letter of Intent; (ii) complete Critical Design Review

for the spacecraft within two years of grant; (iii) commence physical construction within

three years of grant; and (iv) launch the satellite and begin operations within five years of

grant.

B. Reporting Requirements

Hughes will comply with all FCC reporting requirements that apply to Ka-band

GSO FSS satellites. See, e.g., 47 C.F.R. § 25.145(f).

C. Compliance with FCC Technical Regulations

Hughes’s proposal is fully compliant with the Commission’s two-degree spacing

requirements, and will not cause harmful interference to any other authorized user of the

spectrum.16 Except with regard to those requirements for which waivers are requested

(see Section VI, below), Hughes’s network will comply fully with the applicable

16
The Technical Annex shows that Jupiter 97W will be compliant with the
Commission’s two-degree spacing policy. See Attachment A, at Section A.9.

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requirements of Part 25 of the Commission’s Rules, including power flux-density

requirements,17 full frequency re-use requirements,18 and all operational requirements.

Specific showings as to the applicable elements are contained in this application and the

included exhibits and attachments hereto.

In particular, Hughes emphasizes that it includes a quantitative demonstration that

its secondary GSO operations in the primary NGSO uplink band at 28.6-29.1 GHz, as

well as its operations in the primary NGSO downlink band at 18.8-19.3 GHz, under the

waiver authority requested herein, will not cause harmful interference to present or future

users with superior authorization status. In a nutshell, Hughes will be able to operate

across the 2 x 500 MHz of NGSO primary spectrum at all times other than when there is

insufficient angular separation between an NGSO satellite/associated earth station and

Jupiter 97W or its associated earth stations. During such in-line events, Jupiter 97W and

its earth stations would not use the NGSO primary bands.19 There will be sufficient

additional spectrum on Jupiter 97W to allow Hughes will be able to dynamically shift

operations out of the NGSO spectrum for the duration of any in-line events.

17
See Attachment A, at Section A.8.
18
See Attachment A, at Section A.2.
19
Hughes notes that the only authorized and proposed NGSO systems in recent years use
highly-elliptical orbit satellites that are operationally separated at all times by wide angles
from the GSO orbit. This means that there will never be an in-line event between the
type of NGSO system that has been authorized and Jupiter 97W. The mechanism
Hughes identifies ensures that any future NGSO systems with designs that operationally
intersect with the GSO will be protected from harmful interference to the extent
contemplated by the Commission’s rules and policies. Hughes, of course, will not claim
protection from harmful interference that may be caused to Jupiter 97W by such NGSO
systems.

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D. Posting of Performance Bond

Hughes acknowledges that because the Jupiter 97W satellite for which a spectrum

reservation is requested in this Letter of Intent has not yet been constructed, it will be

required to post a performance bond pursuant to Section 25.165 of the Commission’s

Rules (47 C.F.R. § 25.165) upon grant of its request commensurate with its then current

stage of implementation of the satellite, up to a maximum of $3 million in the event that

it has not executed a binding construction contract at the time of grant.

E. Spectrum Access Limits

Hughes currently operates a single satellite (SPACEWAY 3 at 94.95° W.L.) in

frequency bands overlapping those requested in this Letter of Intent. In addition, as noted

above, Hughes has previously been authorized to access the U.S. market using the

SPACEWAY 4 satellite to be located at 107.1° W.L. (FCC File No. SAT-LOI-

2009111003-00119, S2753). Hughes’s parent corporation, EchoStar, also operates a

single satellite (EchoStar IX at 121° W.L.) in the Ka-band FSS allocation, but has no

authorized-but-unbuilt facilities or pending applications in that band. EchoStar’s

affiliate, DISH Network Corporation, likewise does not have any applied-for or licensed-

but-unbuilt satellites in the Ka-band FSS allocation. Accordingly, with the filing of the

instant LOI for Jupiter 97W, the number of pending co-frequency applications and

unbuilt authorizations for Hughes will be two – a total that is within the limit of five

market access requests that is established for geostationary satellite network operators in

Section 25.137(d)(5) of the Commission’s rules.

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F. Spectrum Utilization

Hughes seeks authority to use spectrum on a primary basis in the 18.3-18.8 GHz

and 19.7-20.2 GHz bands to support downlink operations and in the 28.35-28.6 GHz,

29.25-29.5 GHz, and 29.50-30.0 GHz bands to support uplink operations. This use is

consistent with the Commission’s intended use of the primary allocations for GSO FSS in

these bands.

Hughes also seeks authority to use spectrum in the 18.8-19.3 GHz band to support

downlink operations and spectrum in the 28.6-29.1 GHz band to support uplink

operations on a secondary, non-harmful interference basis. Hughes’s use of spectrum in

the primary NGSO FSS band at 28.6-29.1 GHz to support uplink operations is consistent

with the existing secondary allocation to GSO FSS and with the Commission’s intended

use of the secondary allocation for FSS in this band. Hughes will operate these links

consistent with its obligations as a secondary service provider to avoid harmful

interference to primary service providers in the band, as well as previously licensed

secondary service providers, and to accept any interference received from primary users

or previously licensed secondary users. Because the 18.8-19.3 GHz band is allocated

only for NGSO FSS operations, without a current secondary allocation for GSO FSS,20

Hughes is seeking a waiver of Section 2.106 of the FCC’s Rules (47 C.F.R. § 2.106),

consistent with precedent, to permit it to operate its downlink operations in the 18.8-19.3

GHz band on a non-harmful interference basis. See Section VI.B., below.

20
47 C.F.R. § 2.106, footnote NG165.

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VI. WAIVER REQUESTS

In this section, Hughes sets forth its requests and contingent requests for waivers

of Commission Rules. Hughes presents the waivers and contingent waivers to ensure that

the Commission’s requirements for application contents are satisfied. The Commission

will grant a waiver of its rules for good cause shown.21

A. Section 25.114(c)(4)(iii)

Hughes requests a partial waiver of Section 25.114(c)(4)(iii) of the Commission’s

Rules (47 C.F.R. § 25.114(c)(4)(iii)), which requires applications to provide beam

interconnectivity information.

The Jupiter 97W satellite network has fifteen primary gateways and two backup

gateways. The interconnectivity between the fifteen gateway beams and all the user

beams has been provided in the associated Schedule S form. The two backup gateways --

Gateways 16 and 17 -- will only be pressed into service in the event of a failure of one of

the fifteen primary gateway chains. The satellite is designed to allow each of the backup

gateway beams to be interconnected with any of the user beams in both the forward and

return directions.

For the fifteen primary gateway beams, there are a total of 170 forward link

interconnections and 330 return link interconnections for a total of 500 interconnections.

All of these are shown in Section S.10 of the Schedule S form. In order to show the

beam interconnectivity for the two backup gateway beams in the Schedule S form, there

would be 1,000 additional beam interconnections (500 for each of the two backup

gateway beams).

21
See 47 C.F.R. § 1.3; see also WAIT Radio. v. FCC, 459 F.2d 1203 (1972).

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A partial waiver of Section 25.114(c)(4)(iii) is appropriate in this instance, as the

requirement of the rule is satisfied with respect to all of the primary interconnections on

Jupiter 97W. For either of the two backup gateways to come into use, one of the fifteen

gateways for which interconnection data have been provided would have to have failed or

otherwise been pulled from service, and the back-up gateway would have to have

assumed its function. In this way, the purpose of the rule is satisfied, as Hughes has

provided the data for all potential operational beams.

Because it would be burdensome on Hughes to include the additional 1,000 beam

interconnections – interconnections essentially associated with spare/redundant capacity

-- in the associated Schedule S form, Hughes respectfully requests that the Commission

accept the entries that have been provided for the primary gateway beams as compliant

with the objective of Section 25.114(c)(4)(iii) and grant a partial waiver of the regulation

that relieves Hughes of the substantial burden of providing the additional 1,000

beam/channel combinations for the backup gateway beams. With the interconnection

data having been supplied for all operational beams, granting Hughes’s request for a

partial waiver is not inconsistent in any way with the rule’s purpose, and is fully

consistent with the public interest.22

B. Section 2.106: Allocation Table -- 18.8-19.3 GHz Downlink

Hughes also requests a waiver of Section 2.106, Footnote NG165 of the

Commission’s Rules. The 18.8-19.3 GHz band is currently designated only for NGSO

FSS operations.23 Hughes seeks to use this spectrum for secondary downlink operations,

22
The International Bureau granted Hughes an identical waiver for the SPACEWAY 6
satellite in Hughes, DA 11-1067, slip op. at 4.
23
47 C.F.R. § 2.106, footnote NG165.

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and therefore requests a waiver of Section 2.106, Footnote NG165 of the Commission’s

Rules (47 C.F.R. § 2.106, footnote NG165) to permit it to operate downlinks in the 18.8-

19.3 GHz band on a non-harmful interference basis. The Commission has granted

similar waivers in the past for GSO FSS operations in this frequency band.24 There

continues to be ample good cause for granting such a waiver. Hughes proposes to use

spectrum that would otherwise continue to lie fallow, or in any event underutilized, as

commercial NGSO Ka-band systems remain unrealized.

24
See note 14, supra. See also Hughes, DA 11-1067, slip op. at 5.

Attachment A

TECHNICAL INFORMATION TO SUPPLEMENT SCHEDULE S

A.1 SCOPE AND PURPOSE

The purpose of this Attachment is to provide the Commission with the technical characteristics of
the Jupiter 97W satellite. This attachment contains the information required by 47 C.F.R. §25.114
and other sections of the FCC’s Part 25 rules that cannot be entered into the Schedule S
submission.

A.2 GENERAL DESCRIPTION

The Jupiter 97W satellite will operate at the nominal 97° W.L. orbital location and will provide
Ka-band services primarily to CONUS, but also to parts of Canada. As explained in section
A.13.3, Hughes proposes to offset the satellite by 0.1° from 97º W.L. and to center the station-
keeping box at 97.1° W.L. in order to avoid an overlap of the station-keeping volume of a
satellite that operates nominally at 97° W.L.

The satellite will operate in the 28.35-29.1 GHz and 29.25-30.0 GHz bands (Earth-to-space) and
the 18.3-19.3 GHz and 19.7-20.2 GHz bands (space-to-Earth). The satellite uses both left and
right hand circular polarization (LHCP and RHCP) together with beam separation to achieve full
frequency re-use at acceptable levels of co- and cross-polarized intra-system interference. The
satellite will operate in the 28.35-29.1 GHz and 29.5-30.0 GHz bands (Earth-to-space) and the
18.3-19.3 GHz and 19.7-20.2 GHz bands (space-to-Earth). Uplink transmissions in the 28.35-
29.1 GHz band will only be transmitted by the gateway antennas; no subscriber antennas will use
the band. Uplink transmissions from the subscriber antennas will be restricted to the 29.25-30.0
GHz bands.

The satellite utilizes a bent-pipe architecture with asymmetric forward (gateway-to-subscriber)
and return (subscriber-to-gateway) links. Forward links consist of a single TDM 250 MHz wide
carrier, while the return links use MF-TDMA with a variety of bandwidths/data rates employed.

1

The network uses adaptive coding and modulation to combat rain fades. That is, the modulation
type, amount of coding and/or user data rate is dynamically varied to meet the link requirements
during rain events.

A.3 SPACE STATION TRANSMIT AND RECEIVE CAPABILITY

The Jupiter 97W satellite’s beam coverage, for both transmit and receive, will consist of 15
primary gateway beams and 60 user beams. There are also two backup gateway spot beams used
to provide redundancy in the event of a failure. The gateway spot beams are nominally the same
with a peak downlink EIRP of 65 dBW and a peak G/T of 22 dB/K. The user spot beams are
nominally the same with a peak downlink EIRP of 67 dBW and a peak G/T of 22 dB/K.

A.4 FREQUENCY AND POLARIZATION PLAN

The Jupiter 97W satellite’s frequency plan is shown in Figure 4-1. The forward links are divided
into 250 MHz channels, while the return links are divided into 125 MHz channels. Circular
polarization is used on both the uplink and downlink with the downlink polarization being
orthogonal to the uplink polarization. The satellite will employ a four-frequency re-use pattern
such that any channel is re-used multiple times by a combination of polarization and spatial
isolation. This satisfies the requirements of §25.210(d) of the Rules.

2

During transfer orbit and on-station emergencies the TT&C subsystem employs a dual omni-
directional antenna configuration. During normal on-station operation, the telecommand
transmissions will be received via one of two uplink gateway beams (primary plus backup). The
TT&C earth station locations have not yet been finalized, however it is expected that the TT&C
earth stations will be located in Castle Rock, CO and Fillmore, CA.

A.7 CESSATION OF EMISSIONS

All downlink transmissions can be turned on and off by ground telecommand, thereby causing
cessation of emissions from the satellite, as required.

A.8 POWER FLUX DENSITY AT THE EARTH’S SURFACE

§25.208(c) contains PFD limits that apply in the 18.3-18.8 GHz band. The PFD limits of
§25.208(c) are as follows:

• -115 dB(W/m2) in any 1 MHz band for angles of arrival between 0 and 5 degrees above the
horizontal plane;
• -115+(δ-5)/2 dB(W/m2) in any 1 MHz band for angles of arrival δ (in degrees) between 5
and 25 degrees above the horizontal plane; and
• -105 dB(W/m2) in any 1 MHz band for angles of arrival between 25 and 90 degrees above
the horizontal plane.

In addition, §25.208(d) contains PFD limits that apply in the 18.6-18.8 GHz band produced by
emissions from a space station under assumed free-space propagation conditions as follows:

• -95 dB(W/m2) for all angles of arrival. This limit may be exceeded by up to 3 dB for no
more than 5% of the time.

§25.208 does not contain any PFD limits that apply in the 18.8-19.3 GHz band for GSO satellite
networks, however it is noted that Article 21 of the ITU Radio Regulations does include PFD
limits applicable to GSO satellites using the 18.8-19.3 GHz band and these limits are identical to
those in §25.208(c).

4

Compliance with the applicable FCC and ITU PFD limits is demonstrated below using a simple
worst-case methodology. The maximum downlink EIRP that the Jupiter 97W satellite can transmit
is 67 dBW in 250 MHz. The shortest distance from the satellite to the Earth is 35,786 km,
corresponding to a spreading loss of 162.06 dB. Therefore the maximum possible PFD at the
Earth’s surface could not exceed -95.1 dBW/m2 in the 250 MHz usable bandwidth (i.e., 67 -
162.06). Allowing for the use of digital modulation with an almost flat spectrum, the
corresponding maximum PFD at an elevation angle of 90° measured in a 1 MHz band would not
exceed -119.0 dBW/m2. The -119 dBW/m2/MHz level is less than the -115 dBW/m2/MHz PFD
limit value that applies at elevation angles of 5° and below. Therefore compliance with the PFD
limits is assured.

In addition, §25.208(d) provides an additional aggregate PFD limit in the 200 MHz wide
band 18.6-18.8 GHz of -95 dBW/m2. In the worst case, this would correspond to a PFD limit of -
118 dBW/m2/MHz (i.e., -95-10*log(200)). As demonstrated in the previous paragraph, downlink
transmissions from the Jupiter 97W satellite cannot exceed -119 dBW/m2/MHz at any angle of
arrival and therefore compliance with §25.208(d) is also assured.

A.9 TWO DEGREE COMPATIBILITY

All transmissions of the Jupiter 97W satellite network will not exceed the uplink off-axis EIRP
density and downlink PFD levels of §25.138, regardless of whether the frequency band used is
subject to §25.138.

A.9.1 Frequency Bands Subject to §25.138

For those frequency bands subject to §25.138, compliance with the Commission’s two-degree
spacing policy is assured provided:

1) The uplink off-axis EIRP density levels of §25.138(a)(1) of the Rules for blanket
licensing are not exceeded;

2) The maximum PFD levels are lower than the PFD values given in §25.138(a)(6) of the
Rules.

5

The clear sky uplink off-axis EIRP density limits of §25.138(a)(1) are equivalent to a maximum
uplink input power density of -56.5 dBW/Hz. Table 9-1 compares the uplink input power densities
derived from the uplink link budgets that are contained in the Schedule S form with the clear sky
limits of §25.138 (a)(1) of the Rules. It can be seen that in all cases the clear sky uplink power
limits are met. No authorized uplink transmissions towards the Jupiter 97W satellite will exceed
the clear sky uplink off-axis EIRP density limits of §25.138(a)(1). In addition, authorized
transmitting earth station antennas will meet the requirements of §25.209(a) and (b).

Table 9-1. Demonstration of Compliance with the Uplink Power limits of §25.138 (a)(1)

Clear Sky Uplink
Maximum Clear
Input Power
Uplink Antenna Sky Uplink Input Excess Margin
Emission Density Limit of
Size Power Density (dB)
§25.138 (a)(1)
(dBW/Hz)
(dBW/Hz)
74 cm 3M67G7W -62.6 -56.5 6.1
74 cm 1M22G7W -57.9 -56.5 1.4
74 cm 612KG7W -57.9 -56.5 1.4
3.5 m 250MG7W -70.9 -56.5 14.8

Section A.8 above demonstrates that the maximum PFD that could be transmitted by the Jupiter
97W satellite, at an elevation angle of 90 degrees, is -119 dBW/m2/MHz and therefore the PFD
levels at other elevation angles will necessarily be somewhat lower. No downlink
transmissions from the Jupiter 97W satellite will exceed the -118 dBW/m2/MHz limit set forth in
§25.138 (a)(6) of the Rules.

A.9.2 Frequency Bands Not Subject to §25.138

This section demonstrates that uplink transmissions in the 28.6-29.1 GHz band and downlink
transmissions in the 18.8-19.3 GHz band are two-degree compatible.

Currently there are no operational GSO Ka-band satellites that use the 28.6-29.1 GHz and 18.8-
19.3 GHz bands within two degrees of the 97.1º W.L. location, nor are there any pending
applications before the Commission for use of these bands by a GSO satellite within two degrees.

6

In order to demonstrate two-degree compatibility, the transmission parameters of the Jupiter 97W
satellite have been assumed as both the wanted and victim transmissions.

Table 9-2 provides a summary of the uplink and downlink transmission parameters. These
parameters were derived from the Jupiter 97W link budgets that are embedded in the Schedule S
form and were used in the interference analysis. The interference calculations assumed a 1 dB
advantage for topocentric-to-geocentric conversion, all wanted and interfering carriers are co-
polarized and all earth station antennas conform to a sidelobe pattern of 29-25 log(θ). The C/I
calculations were performed on a per Hz basis.

Table 9-3 shows the results of the interference calculations in terms of the C/I margins. The
table is provided in a format similar to that of the output of the Sharp Adjacent Satellite
Interference Analysis program. It can be seen that the C/I margins are positive in all cases.
Note that the return links do not use the 28.6-29.1 GHz band. Accordingly, the C/I calculations
for certain interferer/victim carrier combinations only calculate the downlink interference. The
grayed cells in Table 9-3 are overall C/I margins (i.e., combined uplink and downlink C/I
margins), while the non-grayed cells are downlink C/I margins only

Table 9-2. Jupiter 97W transmission parameters

Tx E/S Uplink Rx E/S
Emission Bandwidth Downlink EIRP C/I Criterion
Carrier ID Gain EIRP Gain
Designator (MHz) (dBW) (dB)
(dBi) (dBW) (dBi)
1 250MG7W 250 58.9 72.0 64.0 42.1 21.5
2 250MG7W 250 58.9 72.0 64.0 42.1 20.4
3 250MG7W 250 58.9 72.0 64.0 42.1 18.8
4 3M67G7W N/A N/A N/A 43.7 55.3 20.4
5 1M22G7W N/A N/A N/A 38.8 55.3 19.3
6 612KG7W N/A N/A N/A 35.8 55.3 18.7
7 612KG7W N/A N/A N/A 35.8 55.3 11.0

7

Table 9-3. Summary of the C/I margins (dB).

Interfering Carriers
Carrier ID 1 2 3 4 5 6 7
1 0.1 0.1 0.1 2.2 2.2 2.2 2.2
Wanted Carriers

2 1.2 1.2 1.2 3.3 3.3 3.3 3.3
3 2.8 2.8 2.8 4.9 4.9 4.9 4.9
4 12.5 12.5 12.5 14.5 14.5 14.5 14.5
5 13.5 13.5 13.5 15.5 15.6 15.6 15.6
6 14.1 14.1 14.1 16.1 16.1 16.2 16.2
7 21.8 21.8 21.8 23.8 23.9 23.9 23.9

A.10 SHARING WITH NGSO FSS IN THE 28.6-29.1 GHZ AND 18.8-19.3 GHZ BANDS

The 28.6-29.1 GHz band is allocated to NGSO FSS on a primary basis and it is allocated to GSO
FSS on a secondary basis. Stations operating in a secondary service cannot cause harmful
interference to or claim protection from harmful interference from stations of a primary service.
The 18.8-19.3 GHz band is allocated exclusively to NGSO FSS. In bands designated for
exclusive use, non-conforming services may only be provided on a non-harmful interference
basis to any licensed service provided in accordance with the Table of Allocations, and may not
claim interference protection from other authorized services.

In order to prevent the Jupiter 97W satellite network from causing harmful or even unacceptable
interference into NGSO satellite networks using the 28.6-29.1 GHz and 18.8-19.3 GHz bands,
the Jupiter 97W satellite and its associated earth stations will cease transmissions in these bands
during all potential interference conditions. The highest interference levels that could occur into
NGSO networks from the Jupiter 97W network are when there is an “in-line” event. On the
uplink for example, an in-line event occurs when the NGSO satellite, the GSO satellite and the
interfering GSO earth station are all in a line. As the NGSO satellite continues to move within
its orbit, an angle between the NGSO satellite and the GSO satellite, subtended at the GSO earth
station, is created. As long as the GSO earth station does not transmit when the NGSO satellite
is within a certain angle, no harmful interference to the NGSO satellite will occur. A similar
situation exists on the downlink. The amount of angular separation required will be dependent
on the parameters of the NGSO FSS networks and their interference criteria.

8

Currently there are no NGSO networks authorized by the Commission to use the 28.6-29.1 GHz
and 18.8-19.3 GHz bands. Northrop Grumman Space and Mission Systems Corp. (“Northrop
Grumman”) had previously received Commission authorization for its Global EHF Satellite
Network (“GESN”) and ATCONTACT Communications, LLC (“ATCONTACT”) had
previously received Commission authorization for its NGSO network. Both networks were to
utilize highly elliptical orbits (“HEO”). In the absence of a current authorization for an NGSO
network, and in order to demonstrate compatibility between the Jupiter 97W network and NGSO
networks, the parameters of the GESN and ATCONTACT NGSO networks have been used.

Table 10-1 summarizes the salient parameters of the GESN and ATCONTACT HEO satellite
networks. These parameters are identical to those used by Northrop Grumman and
ATCONTACT to demonstrate independently that their GSO operations in the 28.6-29.1 GHz
and 18.8-19.3 GHz bands were compatible with the other’s proposed NGSO operations.25 It can
be seen that the two networks’ orbital and transmission parameters are identical, which allows a
single interference analysis to be performed.

25
See SAT-AMD-20040719-00138 and SAT-AMD-20040719-00141.

9

Table 10-1. GESN and ATCONTACT HEO satellite characteristics.

GESN ATCONTACT
Orbital parameters
• # of satellites 3 3
• # of planes 3 3
• # of satellites per plane 1 1
• Inclination 63.4° 63.4°
• Apogee 39352 km 39352 km
• Perigee 1111 km 1111 km
16000 km 16000 km
• Minimum Tx altitude
Satellite Rx gain 46.5 dBi 46.5 dBi
Satellite Rx system noise temp. 504 K 504 K
Earth station uplink input power density -63.45 dBW/Hz -63.45 dBW/Hz
Satellite downlink EIRP density -18 dBW/Hz -18 dBW/Hz
E/S Rx system noise temperature 315 K 315 K

In order to demonstrate compatibility with these two NGSO networks, a worst case, static
analysis is performed. The smallest possible angle will occur when the GSO satellite, the NGSO
satellite and the relevant earth station are all on the same longitude and the earth station is at a
high latitude. Assuming a minimum 10° elevation angle for the GSO earth station, this sets the
latitude to 71.4°N. The GESN and ATCONTACT satellites do not transmit when they are at an
altitude below 16000 km, which translates to a latitude of 31.9°N. With this information, the
smallest possible angular separation is then calculated to be 27.4 degrees. Both the transmitting
GSO earth station (uplink calculation) and the victim NGSO earth station (downlink calculation)
have been assumed to be at a latitude of 71.4°N. Table 10-2 shows the results of interference
calculations from the Jupiter 97W networks into the GESN and ATCONTACT networks and
vice versa. The calculated ΔT/T values in all cases are much less than 1%, indicating the
technical compatibility of the Jupiter 97W satellite network with the GESN and ATCONTACT
networks.

The compatibility of these networks is largely due to the fact that the two NGSO networks do not
communicate with earth stations when their satellites cross the equatorial plane, thus in-line
events with a GSO network do not occur. For other types of NGSO constellations that do
communicate with earth stations when the satellites pass through the equatorial plane, an in-line

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interference event can occur. In order to protect such systems, Hughes will cease transmissions
from the Jupiter 97W satellite and its associated earth stations such that a minimum amount of
angular separation with the NGSO network is always maintained.

Table 10-2. Worst case interference calculations.

Victim network GESN / ATCONTACT SPACEWAY 7
Interfering network SPACEWAY 7 GESN / ATCONTACT

Uplink:
Frequency band GHz 29 29
Interfering uplink input power density dBW/Hz -70.9 -63.45
Angular separation degrees 27.4 27.4
Slant range (Interfering path) km 21046 40586
Space loss (Interfering path) dB 208.2 213.9
Atmospheric & scintillation losses dB 1.2 1.2
Victim satellite receive antenna gain dBi 46.5 53
Victim satellite Rx system noise temperature K 504 1259
No dBW/Hz -201.6 -197.6
Io dBW/Hz -240.7 -232.5
Io/No dB -39.2 -34.9
ΔT/T % 0.01 0.03

Downlink:
Frequency band GHz 19 19
Interfering satellite downlink EIRP density dBW/Hz -17.0 -18
Slant range (Interfering path) dB 40586 21046
Space loss (Interfering path) dB 210.2 204.5
Atmospheric & scintillation losses dB 1 1
Angular separation degrees 27.4 27.4
Victim Rx earth station system noise temperature K 315 225
No dBW/Hz -203.6 -205.1
Io dBW/Hz -235.2 -230.5
Io/No dB -31.5 -25.4
ΔT/T % 0.07 0.29

A.11 SPACECRAFT LIFETIME AND RELIABILITY

The Jupiter 97W satellite is designed for a 15 year life once on station. The probability of the
entire satellite successfully operating throughout this period is 0.68 with the probability of the
payload and bus being of 0.88 and 0.78, respectively. These numbers are based on documented
failure rates of all critical components in the satellite bus and payload.

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A.12 PREDICTED RECEIVER AND TRANSMITTER CHANNEL FILTER
RESPONSE CHARACTERISTICS

The predicted receiver and transmitter frequency responses of the 250 MHz and 125 MHz
channels, as measured between the receive antenna input and transmit antenna, fall within the
limits shown in Table 12-1 below. In addition, the frequency tolerances of §25.202(e) and the
out-of-band emission limits of §25.202(f) (1), (2) and (3) will be met.

Table 12-1: Predicted Channel Receiver and Transmitter Frequency Responses

Offset from Channel Receiver Filter Transmitter Filter Receiver Filter Transmitter Filter
Center Frequency Response (dB) Response (dB) Response (dB) Response (dB)
(MHz)
250 MHz Channel 250 MHz Channel 125 MHz Channel 125 MHz Channel

± 50 > -0.5 > -0.6
± 62.5 > -3 > -3.5
± 100 > -0.5 > -0.6
± 125 > -3.0 > -3.5 < -30 < -25
±250 < -30 < -25

A.13 ORBITAL DEBRIS MITIGATION PLAN

A.13.1 Spacecraft Hardware Design

Hughes can confirm that the satellite will not undergo any planned release of debris during its
operation. Furthermore, all separation and deployment mechanisms, and any other potential
source of debris will be retained by the spacecraft or launch vehicle.
In conjunction with Space Systems/Loral, Hughes has assessed and limited the probability of the
satellite becoming a source of debris by collisions with small debris or meteoroids of less than
one centimeter in diameter that could cause loss of control and prevent post-mission disposal.
Hughes has taken steps to limit the effects of such collisions through shielding, the placement of
components, and the use of redundant systems.

The Jupiter 97W satellite includes separate TT&C and propulsion subsystems that are necessary
for end-of-life disposal. The spacecraft TT&C system, vital for orbit raising, will be extremely

12

rugged with regard to meteoroids smaller than 1 cm, by virtue of its redundancy, shielding,
separation of components and physical characteristics. The TT&C subsystem will have no single
points of failure. Near-omni-directional antennas are mounted on opposite sides of the
spacecraft. These antennas, each providing greater than hemispherical coverage patterns, are
extremely rugged and capable of providing adequate coverage even if struck, bent or otherwise
damaged by a small or medium sized particle. Either one of the two omni-directional antennas,
for both command and telemetry, will be sufficient to enable orbit raising. The command
receivers and decoders and telemetry encoders and transmitters will be located within a shielded
area and will be totally redundant and physically separated. A single rugged thruster and
shielded propellant tank provide the energy for orbit-raising.

A.13.2 Minimizing Accidental Explosions

In conjunction with Space Systems/Loral, Hughes has assessed and limited the probability of
accidental explosions during and after completion of mission operations through a failure mode
verification analysis. The satellite manufacturer has taken steps to ensure that debris generation
will not result from the conversion of energy sources on board the satellite into energy that
fragments the satellite. In particular, the satellite manufacturer advises that burst tests are
performed on all pressure vessels during qualification testing to demonstrate a margin of safety
against burst. Bipropellant mixing is prevented by the use of valves that prevent backwards flow
in propellant lines and pressurization lines. All pressures, including those of the batteries, will be
monitored by telemetry. At end-of-life and once the satellite has been placed into its final
disposal orbit, Hughes will remove all stored energy from the spacecraft by depleting any
residual fuel, leaving all fuel line valves open, venting the pressure vessels and the batteries will
be left in a permanent state of discharge.

A.13.3 Safe Flight Profiles

In considering current and planned satellites that may have a station-keeping volume that
overlaps the Jupiter 97W satellite, Hughes has reviewed the lists of FCC licensed satellite
networks, as well as those that are currently under consideration by the FCC. In addition,

13

networks for which a request for coordination has been published by the ITU within ±0.15° of
97.1° W.L. have also been reviewed.

Intelsat operates the C-/Ku-band GALAXY-19 satellite at 97° W.L. with an east-west station-
keeping tolerance of ±0.05°. There are no pending applications before the Commission to use an
orbital location within ±0.15° of 97° W.L. With respect to non-USA ITU filings, the ITU has
published the following networks:

• the UK’s IOMSAT-9A and UKSAT-12 networks;
• the Papua New Guinea’s NEW DAWN 13 network.

We can find no concrete evidence that any of these networks are progressing towards launch.
With respect to USA ITU filings, there are two types of networks at 97°W.L.: 1) C-/Ku-band
networks used in support of the GALAXY-19 satellite, and 2) two Ka-band networks. With
respect to the Ka-band networks, it is noted that no U.S. operator is currently authorized by the
Commission to use the Ka-band frequencies at the nominal 97°W.L. location.

Based on the preceding, Hughes seeks to locate the Jupiter 97W satellite at 97.1° W.L. in order
to eliminate the possibility of any station-keeping volume overlap with the GALAXY-19 satellite
that operates nominally at 97° W.L. Hughes concludes that physical coordination of the Jupiter
97W satellite with another satellite operator is not required at the present time.

A.13.4 Post-Mission Disposal

At the end of the operational life of the Jupiter 97W satellite, Hughes will maneuver the satellite
to a disposal orbit with a minimum perigee of 300 km above the normal GSO operational orbit.
The post-mission disposal orbit altitude is based on the following calculation, according to
§25.283:

Total Solar Pressure Area “A” = 93.1 m2
“M” = Dry Mass of Satellite = 3497 kg
“CR” = Solar Pressure Radiation Coefficient = 1.29

Therefore the Minimum Disposal Orbit Perigee Altitude is calculated as:

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= 36,021 km + 1000 x CR x A/m
= 36,021 km + 1000 x 1.29 x 93.1/3497
= 36,055.3 km
= 270 km above GSO (35,786 km)

To provide adequate margin, the disposal orbit will be increased to 300 km. This will require
approximately 15 kg of propellant, taking account of all fuel measurement uncertainties, which
will be allocated and reserved in order to perform the final orbit raising maneuver.

___________________________________

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Document Created: 2011-08-09 13:40:14
Document Modified: 2011-08-09 13:40:14

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