Attachment OrderAuth

OrderAuth

ORDER & AUTHORIZATION submitted by FCC, IB, Satellite

Order & Authorization

1999-09-01

This document pretains to SAT-MOD-19990603-00062 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD1999060300062_399696

                           Federal Communications Commission                                    DA 99-1781

                                        Before the
                         FEDERAL COMMUNICATIONS COMMISSION
                                  Washington, D.C. 20554



In the Matter of                                             )
                                                             )
DIRECTV Enterprises, Inc.                                    )   File No. SAT-MOD-199990603-00062
                                                             )
Application for Modification of                              )
Direct Broadcast Satellite System and                        )
for Authorization to Relocate DBS-1           )
Satellite to the 109.8° W.L. Orbital Location )

                                  ORDER AND AUTHORIZATION

        Adopted: September 1, 1999 Released: September 1, 1999

By the Chief, Satellite and Radiocommunication Division:

                                                Introduction

        i)     By this Order we grant DIRECTV Enterprises, Inc. ("DIRECTV") authority to
effect a modification to its Direct Broadcast Satellite ("DBS") system authorization to relocate
its DBS-1 satellite from 101° W.L. and operate it at the 109.8° W.L. orbital location.1

        ii)     On August 2, 1999, DIRECTV received authority to launch and operate its DBS-
1R satellite and collocate it with DIRECTV's existing system of DBS satellites at the 101° W.L.
orbital location.2 DBS-1R is intended to replace DBS-1, which has experienced a failure of its
primary spacecraft control processor ("SCP"). When the failure occurred, DBS-1 automatically
switched to its back-up SCP, which has enabled DBS-1 to continue to provide DBS service.
DIRECTV concluded, however, that the loss of DBS-1's primary SCP had compromised it's DBS
system's ability to guarantee long-term, uninterrupted subscription service to its customers.
DIRECTV, therefore, requested authority to replace DBS-1 with DBS-1R.

        iii)     DIRECTV explains that DBS-1, despite its SCP failure, remains a valuable and

1
        In its application, DIRECTV generally refers to 110° W.L., which it uses as shorthand references to the
109.8° W.L. orbital location. See Letter from James H. Baker and Kimberly S. Reindl, Counsel for DIRECTV, to
Magalie Roman Salas, Secretary, Federal Communications Commission (July 16, 1999).

2
        DIRECTV Enterprises, Inc., Order & Authorization, DA 99-1524 (Int'l Bureau, August 2, 1999).


                             Federal Communications Commission                                    DA 99-1781

useful asset, capable of providing continued DBS service. Consequently, DIRECTV proposes to
relocate DBS-1 to the 109.8° W.L. orbital location during the fall of 1999, following the
successful launch and testing of DBS-1R. From this orbital location, DIRECTV says it intends
to operate DBS-1 on a non-common carrier basis, as it operates its current satellite capacity at
101° W.L., and it may sell and/or lease a portion of its capacity, also on a non-common carrier
basis for complementary business services. However, DIRECTV says that its primary plan for
DBS-1, once it is relocated, is to immediately begin providing an integrated and unprecedented
variety of Spanish-language programming that will supplement its core DBS service from the
101° W.L. orbital position. The programming transmitted from 109.8° W.L., like that
transmitted from 101° W.L., says DIRECTV, will be received by consumers using a small earth
station antenna capable of receiving DBS signals from multiple orbital locations.

                                                   Discussion

       iv)     In considering DIRECTV's proposed modification application to re-locate its
DBS-1 satellite to 109.8° W.L., we must evaluate its interference potential to other DBS
permittees and the radiocommunication systems of other countries. Specifically, pursuant to
Section 100.21 of the Commission's rules, we must ensure that the DBS-1 satellite will be
operated in accordance with Appendices S30 and S30A of the International Telecommunication
Union (ITU) Radio Regulations. Annexes 1 of Appendices S30 and S30A provide the
methodology and criteria for determining whether a specific satellite system might interfere with
frequency assignments operated in accordance with the Region 2 broadcasting-satellite service
(BSS) Plan and its associated Feeder Link Plan,3 other satellite systems, or terrestrial services.4

        v)     DIRECTV has submitted sufficient technical information to allow evaluation of
the interference potential of its satellite at 109.8° W.L., including the information requested in
Annex 2 of Appendices S30 and S30A of the ITU's Radio Regulations.5 DIRECTV has also
provided analyses demonstrating its compliance with the limits contained in Annex 1 to
Appendices S30 and S30A. We have reviewed this information, and we find that the potential
interference level of DIRECTV's modified system is below that allowed under Appendices S30
and S30A at the 110° W.L. orbital location. However, because the technical parameters of DBS-
1 vary from those set forth for U.S. assignments in the Region 2 BSS Plan and its associated

3
          Region 2 includes North and South America. Unless referring specifically to the Region 2 BSS Plan and
its associated Feeder Link Plan, in the United States the term DBS is used interchangeably with BSS.

4
    See International Telecommunication Union Radio Regulations, Appendices 30 and 30A.

5
         Annex 2 to Appendices S30 and S30A state the basic characteristics to be furnished in notices relating to
space stations in the broadcasting-satellite service.




                                                         2


                                 Federal Communications Commission                                 DA 99-1781

Feeder Link Plan,6 the Commission must request modification of the Region 2 BSS Plan and its
associated Feeder Link Plan. Until the Region 2 BSS Plan and its associated Feeder Link Plan
are modified to include the technical parameters of DBS-1 and its associated feeder links at 110°
W.L., DBS-1 may not cause greater interference to other BSS or feeder link assignments, or
other services or satellite systems, operating in accordance with the ITU Radio Regulations, than
that which would occur from the current USA Plan assignments at 110° W.L. Furthermore, we
remind DIRECTV that no protection from interference caused by radio stations authorized by
other administrations is guaranteed unless and until Appendices S30 and S30A Plan procedures
are successfully and timely completed. DIRECTV will be expected to provide continuing
documentation, as necessary, for the international coordination of its DBS-1 network.7

         vi)     For its telemetry, tracking and control (TT&C) functions, DIRECTV requests
authority to use frequencies in the guardbands of the service bands. Use of frequencies within
the bands used for service links for TT&C functions is consistent with Commission rules.8
EchoStar Satellite Corporation and EchoStar 110 Corporation (collectively "EchoStar"), the
other licensee with channels assigned at the 110 W.L. orbital location, also uses frequencies in
the guardbands of the Plans for its TT&C functions. In informal comments, EchoStar submits
that certain TT&C frequencies of DBS-1 overlap those of EchoStar's satellites at 110 W.L.
EchoStar believes this presents the potential for harmful interference. Nevertheless, EchoStar
says it "is optimistic that these issues can be resolved in the coordination process."9 EchoStar
also states that it expects DIRECTV to cooperate in avoiding interference with EchoStar's
collocated satellites.10 DIRECTV asserts that it will coordinate with "all affected parties" and
that it shares EchoStar's optimism that any interference issues can be resolved.11 We expect both

6
           Some of these varying parameters include digital modulation, lower EIRP, and the use of a shaped beam.

7
         This includes, but is not limited to, the submission of any information or analyses necessary for completing
the Plan modification process and coordination of the network. Modifications of the BSS Plans are expected not
only to continue, but also to increase, in the future. Accordingly, DIRECTV may be required to assist the
Commission in future coordination of its network with the administrations of later implemented systems.

8
    See 47 C.F.R. § 25.202(g).

9
        Letter to Magalie Roman Salas, Secretary, FCC, from Pantelis Michalopoulos, Counsel for EchoStar
(August 25, 1999).

10
           See Comments filed by EchoStar on July 19, 1999.

11
         Letters from James H. Baker and Kimberly S. Reindl, Counsel for DIRECTV, to Magalie Roman Salas,
Secretary, Federal Communications Commission (July 29, 1999 and August 27, 1999).




                                                         3


                            Federal Communications Commission                                     DA 99-1781

DIRECTV and EchoStar to cooperate with each other and coordinate to avoid interference at the
110° W.L. orbital location. Given the willingness of both EchoStar and DIRECTV to
coordinate with each other, and their mutual optimism that any potential interference issues can
be resolved through such coordination, we will grant use of these frequencies for TT&C
functions, including transfer orbit operations. The grant, however, is conditioned on
coordination as necessary of this use with other potentially affected DBS licensees.

        vii)    Based on the above considerations, we find sufficient evidence to conclude that
relocating DBS-1 from the 101° W.L. to the 109.8° W.L. orbital location will comport fully with
all applicable international interference criteria and limitations, including DIRECTV's obligation
to cooperate in ensuring that any potential for harmful interference to the satellites authorized to
operate at 110° W.L. orbital location be avoided. Moreover, we find that DIRECTV's proposal
to provide DBS service from this location will serve the public interest, convenience and
necessity. Relocating DBS-1 at the general location of 110° W.L. will enhance competition in
the MVPD market by providing DBS service from another full-CONUS DBS orbital location.12

                                              Ordering Clauses

       viii) Accordingly, pursuant to authority delegated by Section 0.261 of the
Commission's rules, 47 C.F.R. § 0.261, IT IS ORDERED that Application file No. SAT-MOD-
199990603-00062 IS GRANTED, and DIRECTV IS AUTHORIZED to relocate the satellite
designated DBS-1 at the 109.8° W.L. orbital position in accordance with the terms,
representations, and technical specifications set forth in its application.

         ix)    IT IS FURTHER ORDERED that the application for DIRECTV's authority to
relocate DBS-1 satellite to the 109.8° W.L. location orbital location, File No. SAT-MOD-
199990603-00062, IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS that: (1)
until the ITU Region 2 BSS Plan and its associated Feeder Link Plan are modified to include the
technical parameters of DBS-1 and its associated feeder links at 110° W.L., these satellite
systems shall not cause greater interference than that which would occur from the current USA
Plan assignments at 110° W.L. to other BSS or feeder link assignments, or other services or
satellite systems, operating in accordance with the ITU Radio Regulations; (2) No protection
from interference caused by radio stations authorized by other administrations is guaranteed to
DBS-1 unless and until Appendices S30 and S30A Plan modification procedures are successfully
and timely completed.


12
         Although this application is not subject to Section 100.53 of the Commission's rules, we note that the DBS-
1 service area will include parts of Alaska. In addition, should DIRECTV launch a new satellite to replace DBS-1,
we would expect full compliance with the Commission's geographic service requirements. See 47 C.F.R. §
100.53(b).




                                                         4


                       Federal Communications Commission                        DA 99-1781

       x)      IT IS FURTHER ORDERED that DIRECTV shall coordinate its operations,
including on-station and transfer orbit TT&C operations, with all potentially affected DBS
licensees.

       xi)    IT IS FURTHER ORDERED that this order is effective upon release.



                             FEDERAL COMMUNICATIONS COMMISSION




                             Thomas S. Tycz
                             Chief, Satellite and Radiocommunication Division
                             International Bureau




                                               5



Document Created: 2004-10-06 11:13:06
Document Modified: 2004-10-06 11:13:06

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