Attachment GRANT

GRANT

DECISION submitted by FCC,IB

GRANT

2004-11-04

This document pretains to SAT-MOD-20040614-00114 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2004061400114_404232

mee 5S6T—mop— vobi¥~couY AbHacleI capriont uT@\ ansp 22141 canbie_Ded_¥, 200Y (oroteridenife) Approved by OMB Term Dutes 3050—0578 FmaSEC GoPihew to See Codtes Date & Time Filed: Jun 14 2004 2:32:14:700PM Inrnaion Boress A%:‘%/F— hielsdpa Hile Number: SAT—MOD—20040614—001 14 T4 Altene E/"""ylgrx:&’ ¥CC APPLICATION FOR SPACE AND EARTH STATION:MOD OR AMD — MAIN FORM [FCC Use Only Fce 312 MAIN FoRM FoR OFFICIAL UsE ONLY APPLICANT INFORMATION Enter a description ofthis applicationto identify t on the main menu: Spaceway First Modification 103 WL 1—8. Legal Name ofApplicant Name: The DIRECTV Group,Inc. Phone Number: a10—9t—0725 pBa Fax Number: ato—9t—08e3 Name: Streets 2250 . ImperiaHighway gome City: El Segundo State: ca Countrys USA Zipeode: sores = Attenti

Attachment Conditions of Authorization November 4, 2004 1 DIRECTV Group,Inc.‘s (°DIRECTV»)formerly Huches Elestronics,Inc("Hughes") application, SAT—MOD—20010614—00114, Call Sign S2101, S GRANTED. Accordinely, DIRECTV is authorized to Iaunch and operate its SPACEWAY—I Ka—band sateliteat the 103.05° W.Lorbit location, in the 18.365—18.53 GHz, 18.57—18.735 GHz, 19.7—20.2 GHz, 28.36—28.525 Gite, 20.26—29.425 GHz, and 29.5—30.0 GHz frequency bands in accordance with the terms, conditions, and technical specificationsset forth in ts application, this Attachment, and the Federal Communications Commission‘s ("Commission®) Rules. 2 DIRECTV‘s Ka—band system authorization is MODIEIED to reflect the orbital loc assignment of 103.05° W.L. DIRECTV‘s Ka—band system authorization‘ 1 MODIFIED to reflectthe deletion of authority to operate inter—sateltelinks. DIRECTV‘s Ka—band system authorization IS MODIRIED at 103.05° W.L. to reflectits service links the following Ka—band frequencies: 18.365—18.53 Gile, 18.57—18.738 GHz, 19.7—20.2 GHz, 28.36—28.525 GHtz, 20.26— 29425 GHe and 29.5—30.0 GHz." All such frequency bands can use cithelef—hand circular polarization (°LHICP")oright—hand circular polarization (*RHCP"),exceptfothe 28.36—28.525 GHte band which can only use LHCP. 1 "The SPACEWAY—1 satelfite must be constructed, launched., and placed into operation in accordance with the technical parametersand terms and conditions ofthis authorization. Therefore, DIRECTV mustlaunch and begin operations by June 25, 2005. Railure to meet this date shall ender this authorization null and void.. See PanAmSat Corporation Application for Authority to Construct, Launch, and Operate a Ka—band Satelfite System in the Fixed Satelite Serviceand a Ku—band, Order and Authorization, 16 FCC Red 2490 (2001) (*PandmSar ISLMilestone Authorization Order") 4. We GRANT DIRECTV‘s request for waiver of Section 25.210(c)of the Commission‘s rules requiringsatelltes in the fixed.satellite serviceto have the capabilityto change transponder saturation fux densityby eround command in 4dB increments over a range of 12dB. For the SPACEWAY—1 satelite, DIRECTV satstesthis requirement in the 29.5—30.0 GHz band, but not in the 28.36—28,525 GHz and 29.26—294425 GHz bands. DIRECTV states thatthe range for the 1 SaeInthe Mater of Hughes Communications GalizyInc. Applicatin for Authorityto Construct, Launch,and Operate a Ka—band Satelte System in the Fixed Satelite Service and a Ku—hand Broadeast Communications Satelite System, Order andduhorietion, 13 FCC Red 1351 (1997)(Hughes Autorization Order®PanAmSat Corportion Appleationfor Authoriy to Constrct, Launch,and Operata Ka—band SatlfteSystem in the Fived Stelit Servie and a Ku—hand, Order andAuthorizaion 16 FCC Red 2490 (2001) (PantSa ISLMiestone Auborization Order" 5. This amounts to an overallreduction of340 megaberte in bandwith from whatthe Commission previously uthorizedforHughes‘s Ka—band service inks(CallSign 2191). Previowls, Hushes was authorized to oerate in the ollowingfequencies: service uplinkin 28 35.28.6 GHz, 29.25—30.0 GHz bands for plink transmissions and service downtinks in 18.3—18.8and 197202 GHt band. See d * arorr prszi0e)

28.35—28.6 GHz band is 8 dB and forthe 29.25—29.5 band is 6 dB. The main intent ofthe gain step requirement is to limit the potentialfor uplink interference to ofrom adjacentsatelites, where power levels may be significantly different. In the concemed bands, DIRECTV employs automatic level control circuiry (*AL.C) that maintains a constant input to the finalspacecraft ampliier over a range of receive signal evels. DIRECTV statesthat it willadhere to the Ka— band blanket lensing ofearthsttions (47 C.F.R. §25.138) which serve to ensure that Ka—band satellites spaced as close as 2 degrees can operate ifthe Earth stations operate within the allowable of—axis EIRP density. The combination ofthese methods meet the itent ofthe ule. Therefore, the Commission finds suffiient reason t grant a waiver of Section 25.210(c)in the 28.36—28.525 GHe and 29.26—20425 GHz bands. 5.. We DISMISS DIRECTV‘s request for waiver ofthe fulkfrequeney reuse requirements contained in Section 25.210(d)°ofthe Commission‘s rules with respect to a sinale uplink beam using the 28.36—28,525 GHe band. The rule requires the use of orthogonal polarizations within the same beam and/or through the use of spatilly independent beams. According to DIRECTV, the proposed SPACEWAY—1 satellte will comply with thi requirement iall 133 uplink beams except one:the uplink beam in the 28 35—28.6 GHz band, which operates using only left hand circular polarization. Based on the receive antenna pattems that DIRECTV has provided in Exhibit C ofFCC Form 312, a waiver request was found to be unnecessary because spatally independent beams are utized. 6. DIRECTV‘s request fora waiver ofthe cross—polarization isolation requirements, contained in Section 25.210() ofthe Commission‘s rules is GRANTED. Section 25.210() ofthe Commission‘s rules require the ratio of the on—axis co—polar gain to the cross—polar gain ofthe anternain the assigned frequency band be at east 30 dB within ts primary coverage area." The SPACEWAY—1 mult—spot beam receive antenna that operates in the 29.25—30 GHz range has been desizned to meet a cross—polarization requirement of18.8 dB. The widearea beam transmit antenna, which operates on specific authorized frequencies in the 18.3—18.8 GHz band, is desizned to meetthe cross—polarization requirement of19 dB. DIRECTV states that is design does not technically provide 30 dB cross—polarization over the entie coverage area. DIRECTV statesthatits cross—polarization interference is an intr—system design issue thatdoes not affect inter—system coot on and therefore will not affect ther Ka—band satelite systems. DIRECTV plans to employ digtal modulation with forward error correction coding on both polarization senses to reduce system sensiivty to cross—polarization iterference not to mention polarization isolation,directivity and antenna implementation losses have also been optimized for best performance. Based on DIRECTV‘s representations that it is using digial, rather than analog modulation, and that other Ka—band satllte systems willnot be affected by it operation, we find that the publicinterest to waive Section 25.2100)—® We find that this grant is consistent with previous Commission actions and will permit DIRECTV to optimizethe design of SPACEWAY—1 without causing unaeceptable losses of signal quality or unduly adding to the spacecraft‘s weight, complexity or cost «rcrr 5252100 * arcr® g2s2100. arcre g2s2i00) : See e , New Skies Satlltes, N.V.Petion for Declaatory Ruling. Orcer, 17 FCC Red 10369 at par 19 (2002)and SES Americom,Ic, Application tLaunch and Operte the Americon—23 bybrid CKuExtended Ku—Rand Satllte, ile No. SAT—LOA—20031218—00358, ranted July 13, 2004

1 We GRANT DIRECTV‘s request for waiver of Sections S6," $7," $8," $10°" and S13" of Schedule S. Considering the complexity ofthe SPACEWAY—1 satellte design,the amount of information that would need to be provided i these Sections ofthe Schedule S Form would be extensive and, in many ways, redundant. The information provided by DIRECTV in its Schedule S Form is sufficient for us to determine whether the system meets the Commission‘s technical requirements. 8. DIRECTV shall prepare the necessary information, as may be required, forsubmission to the TT toinitate and complete the advance publication, intermational coordination, due diligence, and notification process ofthis space station,in accordance with the ITU Radio Regulations. DIRECTV shall be held responsibleforall cost recovery fees associated with these ITU filngs. We also notethat no protectionfrom iterference caused by radio stations authorized by other administrations is guaranteed unless coordination and notification procedures are timely completed or, with respectto individual administations, by successfully completing coordination aureements. Any radio station authorization for which coordination has not been completed may be subjectto additional terms and conditions asrequired to effect coordination of the frequency assignments oother administrations. See 47 C.FR. § 25.111(b). 9. DIRECTV must coordinate ts downlink operationsfor thspecific frequencies authorized in the 183—18.8 GHz and 19.7—20.2 GHz bands with U.S. Government systems, including Govermment operations to earth stations in foreign countries, in accordance with footmote US334 to the Table of Frequency Allocations, 47 C.F.R.§2.106. 10. DIRECTV must conduct ts operations parsuant to this authorization in a manner consistent with the power Aucdensity requirements of footnote US25S t the Table of Frequency Allocations, 47 C.FR. § 2.106, 47 C.F.R. § 25.138(a)(6),and 47 C.F.R. § 25.208, of the Commission‘s Rules. 11. This authorization does not in any way constiute an approval ofDIRECTV‘s post— mission disposalplans for SPACEWAY—1. 12. DIRECTV must provide written statementto the Commission within 60 days of the date ofthis authoriztion that identiiesany known sateltes located at, or planned to be located at, DIRECTV‘s assigned orbital location, or assigned in the vicinity ofthat location such that the station—keeping volume ofthe respective satelites might overlap, and that states the measures that will be taken to prevent in—orbit collsions with such satelites. This statement should address any Hicensed FCC systems, o any systems applied for and under consideration by the FCC. The statement need not address every fling with the ITU that meetsthese crteri, but should assess and address any systems reflcted in TTU filings that are in operation or that DIRECTV believes may be progressing toward launch, —g., by the appearance othe system on a launch vehicle * "This section contains information regarding seviceareas for thesatelitesstem. d "This sectioncontains information regarding spacestation antennabeam characteistesfoeach bean ofa sitelite system. ® "This sectioncontains information regarding anterna beam diagrams. "This section cotains information regarding spacestaion trinspondes. "Thissection cotains iformation regarding typical emissions.

manifest. If DIRECTV eleststo rely on coordination with other operators to prevent in—orbit colliions, t shall provide a statement asto the manner n which such coordination willbe effected. 13. The license term for the SPACEWAY—1 satellte, Call Sign $2191, is fifleen years and will begin to in on the date that DIRECTV certifiesto the Commission that the satelite hasbeen successfully placed ito orbit and its operation fully conforms to the terms and conditions ofthis authorization. 14. DIRECTV is affarded thiry days from the date ofrelease ofthis grant and authorization to declinethis authorization as conditioned. Failure to respond within this period will constitute formal acceptance of the authorization as conditioned. 15. This grant iissued pursuant to Section 0.261 ofthe Commission‘srules on delegated suthority, 47 C.F.R. § 0.261, and is effective upon releas. Petitions for reconsideration under Section 1.106 or applications for review under Section .115 ofthe Commission‘s rules, 47 CR 5§ 1.106, 1115, may be filed within 30 days ofthe date ofthe public notice indicatingthat this action was taken.

5—16. Name ofContact Representative (IFother than applicant) Name: Willam M. Wilishire Phone Number: an>~7s0—13s0 Companys Homis, Wilishire & Grannis LLP Fax Number: 202—730—1301 Street: 1200 Eighteenth Steet, NW E—M City: Washington Stat pe Country: USA Zipeode: 2oos6— Contact Relationship: Legal Counsel Tite: CLASSIRICATION OF HILING 17. Choosethebutton next to the ctassification tat apliesto thi Aling for (NA)b1. Applicationfor License of New Station both questionsa.and b. Choose only one (NA) b2. Applicationfor Repisration of New Domesti Receive—Only Station for 17a and only one for 176. @ (N/A) b3. Amendmentto a Pending Applcation @ 1. Eath Sution @ (NA) b4. Modifcation ofLicense or Registrtion bS. Assignment of License or Registation @ 32. Space Sution b6. Transfer ofControl of License or Registation g (N/A) b7. Notifcation ofMinor Modifiation (N/A) b8. Applieation for License ofNew Receive—Only Station Using Non—U.S. Licensed Saelite (NA) b9. LetteoIntentto Use Non—US. Licensed Satelfitto ProvideServicein the United Stites g (N/A) b1O. Othe(Please specity)

17c Is a fee submited wth this application? @ 15¥cscomplete and attach FCC Form 159. IfNo,indicatereason forfee exemption (se 47 C.RR Section 1.1114). &5 GovermmentalEntity gp Noncommercialeducationat nsce g Other(please explain) Ta. Fee Classifation A BFY ~ Space Sution Modifiation(Geostaionary) 18. If this fling is in reference to an 19. fthis fling is an amendment to a pending application enter both ields, ifths flig s a existingsttion, enter: modifieation please enterony the fle mumber (2) Call sign of station: (@) Date pending application was fled (6) File number: sao saruoa 1995092000130

TYPE oF SERVICE 20. NATURE OF SERVICE: This filig is for an authorization to provide orus thfllowing type(s) oservice(s Selectallthat apply: gg] aFned Sarelte [C] b. Mobile Satelite [] ¢ Radiodetermination Satelte [C] 4 Barth Eplortion Satelite [C] &Directto Homeied Satellte [C] £Disial Audio Radio Service [—] s Other lease specif) 21. STATUS: Choose the btton next to the appliable status. Choose [22, IFeath staion appliant, check all ht apply only one. [C] Using US.liccnsed sitlites «> Gotnien Cuirles q. Not—Commens Custier [C] Using Non—US. lcensed satlites 23. IF applicanis providng INTERNATIONAL COMMON CARRIER service, sistrucions regarding Sce 214 Ailngs. Choose one. Are these fcllties: g Cornected to a Public Switched Network gy Not comnected to Public Swtched Network @ N/A 24. FREQUENCY BAND®):Place an ‘X‘ in tbox(esnext t all applicable frequency bandx) C +. C—Bard @6 Gite) 7b Ki—Band (2/4Gity J ©.Other (Pease specify upper and lowerfequencies in Mitz.) Frequency Lower: 18300 Frequency Upper: 30000 (Please specify additionalfrequencies in an atachment)

TVPE OF STATION 25. CLASS OF STATION: Choose thbutton nextto the class ofstation that applies. Choose only one @ a. Fixed EarthStation @ b. Temporary—Fixed Eath Sution @ c. 12114 GHtz VSAT Network @ 4. Mobile Eath Sttion @ ©. Geostitionary Space Sation @ £. Nor—Geostationary Space Sution @ s Other (please specify) 26. TYPE OF EARTH STATION FACILTTY: g TransmitReceive gy Transnit—Only gy Receive—Only @ NA "For Space Sttionapplictions,selet N/A."

PURPOSE OF MODIFICATION 27. The purpose of his proposed modifation is t (Place an ‘Xin the box(es) next to all that apply) [Z] a—authorization toadd new emisson designator and related service [C] b —authorization to change emission designator and related service [] e— authorization t increase EIRP and EIRP density [C] 4—authorization to replace antcrna [C] 6authorization to add antemna [CJ !—authoriationto reloeateficed station [C] #—authorization to change frequency(ies) [C] h —authorization to add frequency o authoriztion o add Points ofCommunication (stelites &countres) [C] ) —auhorization to change Points of Communication (steltes &countres) k authorization fofillies for which environmental assessment and radiation hazard reportingis required [C] !—aittorization to change orbit lcation [C] m — authoriationto perform flect management [C] n —stthorizationtoextend milestones [g] 0 Other (Please specity)

ENVIRONMENTAL POLICY 28. Would a Commission grant of ny proposalin this aplication or amendmenthave a signifcantenvironmental.. c Yes @ No impact as defied by 47 CFR 1.1307? IFYES,submit e satement asrequired by Sections 11308 and 1.1311 of the Commission‘s rules, 47 C.ER, 1.1308 and 1.1311,asan exhibit o thisapplication A Radiation Harard Study must accompany all application for new trmsmitingfciltes, major modifcations, or major amendments ALIEN OWNERSHIP Earth station applicants not proposing to provide broadeast, common cartir, acronautical en route or acronauticalfixed radio station services are not required to respond to Items 30~34, 29. s the applicanta foreign government or the representative of any foreign govemment? o Y6 e No o NA 30. s tapplicant analien oth representativeof an alion? 0 Yes 0 No 0 NA 31. Is thapplicanta corporation organized under th lws ofany foreign govemment? 0 18 e No o NA 32.th applicanta corporation of which more than one—fih ote capia stock is owned ofecord or voted by qy Yes @ No @ NA aliens othir representatves oby a foreign government orepresentativethercof orby any corporation organized underthe lavs ofa foreigncountry?

33. s the applicant a corporation direcly or ndirecly contolled by any other corporation of which morethan @y Yes gp No g N/A one—fourthothe capital stock is ouned of record ovoted by aliens, their epresentatives, or by foreign govermment or representativethereo orby ny corporation organized underthe laws ofa foreigncountry? 34,If any answer to questions 29, 30, 31, 32 andfor33 is Yesattich as anexhibit anidentificationof thaliens or ExhibitA forcign enttes, theirnationality,thir relationshipto the applicant, and the percentage ofstock they own or vote BASIC QUALIRICATIONS 35. Does the Applicantrequest any waivers or exemptions from any of the Commission‘s Rules e o% 1f¥es,atach asan exhibit, copies ofthe requests forwaiversor exceptions with supporting documents ExhibitC 36. Has the applicant or any party t this aplication or amendmenthad any FCC sttionauthorization or leense o# eN revaked or had any applicationforan nitil, modification orrenewal of FCC sttion authorization, leense, or construction permit deniedby the Commission? 1f¥es,atach as an exhibit, anexplination ofircumstances

37. Has theapplicant, o any partto this application or amendment,or any party directlor indiretly controling oYs @8 the applicantever been convicted ofa felony by any state or federal court? f¥es,atach asan exhibit,an explination of circumstances 38, Has any courtfinlly adjudged the applicant,or any person direcly or indirecly controllngthe applicant, oYs No guily of unlawfully monopolizing orattempting unlawfully to monopolize radio communication, directly or indiectl, through control ofmanificture orsale ofradio spparatus,exclusive rific arangement or any other means or unfiir methods ofcompetitionlfYes, ttach as an exhibit, an explanation ofcircumstances 39. s the applicant, or any person diectlorindirecly conroling the applicant,currenly party in any pending CRG @ No mater refered t in the preceding two tems? Ifyesattch as an exhiit,an explanation ofthe circumstances. 40. Iftheapplicant i a corportion and is applying for space station icense, attach as an exhibt the names, address, and citizenship othosestockhalders owning a record and/or voting 10 percent or more of the Filer‘s votingstock and the percentages soheld. In the case of Aiduciary control,inticate the beneficary(is) or class of Exhibic® beneficiries Also lst the names and addresses oth ofiers and diectorsof the Filer

41. By checking Yes,the undersigned certfes, thatneither applicnt nor ny other party to the applcation is Yes g No subject t denial of Rederl beneftsthat includes FCC benefts pursuant to Section $301 ofthe Anti~Drug Act of 1988, 21 U..C. Setion 862, beeause oa convition forpossession ordstibution ofa contrlled substance. See 47 CR 1.2002(b)forthe meaning of &quotpartyto the applcationdiquot; fothee purposes 42a, Does the applicant ind to use a non~U.S.lcensed satellte to provideservicein the United Stites?IF¥es o‘s eX answer 42b and atach an exhibt roviding the nformation sp id i47 C.ER, 25.137,as approprite. If No, proceed to question 43. 425. What adiminitration has lcensed or is in the procesoflcensing th spacestation? If noleense will e issued, what adininstation has coordinited or is i the processof coordinating the space sation 45. Descrton.(Summarize he nature ofheappleation and the srvicesto be provided) (If tcomplete description docs not appear in this ooplease o tothe end ofthe form to view i in ts entrety) The DIRECTV Group, Inc. seeks to modify its existing license to operate a Ka—band satellite systen at 103 Mb to (1) update the system‘s design to incorporate state—of—the— lart technology; and (2) relinquish spectrun no longer needed for intersatellite links. See lexhibie p. ExibiD 10

CERTIFICATION [The Applicant waives any claim to thuse ofy particula frequency orof thelectromagnctic spectrum as againstthe regulatory power othe (United States because ofthe previous use ofthe same, whetherby liense or otherwise, ind requests an authorization in accordance with this lpplication. The applicantcenifies that granof this application would t cause the applicant to bin violationothespectrum agaregation limit in 47 CFR Pat 20. All statements made in exhibts are a mateia part herco and are incorporated hereinasi et outin full in thi application: (The undersigned,individually and for the applicant, hereby certifies thatalstatements made in this applcation and in all attached exhibits are lrve, completeand corzectto the best fhis or her knowledgeand belief, and are made in goodfth. (3%; Applicant is a (any (Choose the button nextt applicale response) g Individual &5 Unincorporated Association g Pamerstip @ Comoration g Govemmental Entity gp Other (nlease specity) 5. Name of Person Signing 16. Tideof Person Signing Romulo Pontal Exee. VP & ChiefTechnology Oficer 7. Plcase supply any need atachments Atachment 1 Atachment 2: Atachment 3: 11

WILLRUL FALSE STATEMENTS MADE ON THls FORM ARE PUNISHABLE BY FNE AND / OR IMPRISONMENT (US. Code, ie 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Tile 47, Section 312(a)(1), AND/OR FORFETTURE (U.S.Code, Tite 47, Setion 503). 12

ce Norice Requiten By TiE PAPERWORK REDUCTION aCT ‘The publi reporting for this callction of nformationis estimated to average 2 hoursper response,includingthe time forreviewing istructions, searching existingdata sources, athering and maintaining therequired data, and completing and reviewing the collction of nformation. Ifyou have any comments on this burden esimate, or how we can improve the colletionand reduce e burdeit eauses you, lease wrie tothe Federal Communications Commission, AMD—PERM, Paperwork Reduction Project (3060—0678),Washington, DC 20554, We willalso accept your comments regarding the Papervork Reduction Act aspectsofths cllection via thInterct ifyou send themto oley@feegov. PLEASE bo Nor senComPLETEp FoRMs To THs AppRES$ Remember ~ You are notrequired to respond to a collectiono information sponsored by the Federagovernment, and the government may not conductorsponsor thiscallction, unles it displays a currenty valid OMB contral numberorif we fall o provide you with this notice This collection hasbeen assigned an OMB contral number of 3060—067%. TE FOREGOING NOTICE Is REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104~13, OCTOBER 1, 1995, 41 U.s.C. SECTION 3807, 13


Document Created: 2004-11-04 15:52:07
Document Modified: 2004-11-04 15:52:07
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