Attachment GRANT

GRANT

DECISION submitted by FCC,IB

GRANT

2004-11-04

This document pretains to SAT-MOD-20040630-00128 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2004063000128_404228

ri e S§T—/pb—2e0f0630 —00 1287 |_ walsethe) ConPiHons Gisp 5213200 Noe 4, ZcoY (orather denifien 7 Approved by OMB 1 3050—0678 ted Diate & Time Fied: Jun 30 2004 maoa: szsin CHAMTRD iwrale im es s ht File Number: SAT—MOD—20040630—00128 Hroigs INont Ansont ¢fi\ Sdelite Glvt 6. M/u)syimanny Ensk FCC APPLICATION FoR SPACE AND EARTHI STATION:MOD OR AMD ~ MAIN FORM [FCC Use Only Fee 312 MAiN FoRM FoR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description ofthis applicationto identfy it on the main menu: Spaceway Ka—Band Minor Modification 101 WL 1—8. Legal Name ofApplicant Name: DIRECTV Entepris, LLC Phone Number: a1o—720—4003 oBa Fax Number: aro—sas—s323 Name: Streets 2230 . ImperiaHuy E—Mail: dopatillo@direct.com City: El Segundo State: ca Countrys USA Zipeode: sns ~ Attention: DavidA. Pailo

Attachment Conditions of Authorization November 4, 2004 1. DIRECTV Enterprises LLC‘s (°DIRECTV*)application, SAT—MOD—20040630—00 128, CallSign S2132, 18 GRANTED.! Accordinely, DIRECTV is authorized o launch and operate its DIRECTV 8 Ka—band Fixed Satellite Service("FSS®)space station at the 100.85° W.L. orbit location, in the 18.3—18.8 GHz, 19.7—20.2 GHz, 28.35—28.6 GHHz, 29.25—30.0 GHfrequency bands in accordance with the terms, conditions, and technicalspecifications set fort application, this Attachment, and the Federal Communications Commission‘s ("Commission®) Rules. 2. DIRECTV‘s Ka—band system authorization is MODIEIED to reflect the orbta location assignment of 100.45° W.L. DIRECTV‘s DIRECTV 8 Ka—band FSS space station authori 18 MODIFIED to reflect the deletion of uthority to operate inte—satelite links also 3. The DIRECTV & Ka—band FSS space sttion must be constructed, Inunched, and placed into operation in accordance with the technical parameters and terms and conditions of this authorization. Therefore, DIRECTV mustlaunch and beain operations by June 25, 2005. Failure to meetthis date shall render ths authorization null and void.. Hughes Communications Galaxy Inc. Application for Authorityto Constrict, Launch, and Operate a Ka—and SateliteSystem in the Fixed Satelte Serviceand a Ku—band, Order and Authorization, 16 FCC Red 2470 (2001) ("Hughes ISLMMilestone Authorization Order®). 4. Parsuantto Section 1.3 of the Commission‘s riles, 47 C.F.R. § 13, DIRECTV 18 GRANTED a waiver of Section 25.202(2)ofthe Commission‘srules, 47 C.F.R. § 25.202(@), to use the 14002—14004 MHz and 14496—14498 MHbands for telecommand operations during transfer orbit for nlonger than a 15—dayperiod from the ime that DIRECTV 8 is faunched until it is established in a geastationary sateliorbit. Grant othis waiveris consistent with previous Commission actions: * DIRECTV 8 willbea hybridstelft, combining DBS and Ka—band payloads. See DIRECTV Enterprises, Application to Launch and Operte the DIRECTV 8 srelte, File No. SAT—RPL—20040630— 00127,Call Sign $2632, granted November4, 2004 * See Inthe Matter of Hughes Communications GalaxyInc. ApplicationforAuthorty to Constmct, Launch,and Operata Ka—band Satelite System in the Pixed Satelite Service and a Ku—hand Broudeast Communications Satelite System, Order and Authorizaion13 FCC Red 1381 (1997) (‘Hughe Authorization Order®) See also In the Matter of Hughes Communications Galaxy Inc. Applicaton for Autharty to Constrct, Launch, and Operatea Ka—band Satelit System in the Fixed Satelite Srviceand a Ki—band, Order andAuthorization, 16 PCC Red 2470 2001) (*Hughes SLMlestone Authoriation Order") and Seealso Inthe Mater ofHughes Communications Galany Inc. Applicaion for Authoriy to Constrct, Launch, and Operate a Ka—band Sateit System in the Fixed Satelite Serviceand Ku—band. Orderand Authoriation, 16 FCC Red 12627 2001 °. See n the Mater ofDIRECTV Enterprises,LLC Applicationfor Authoriy to Launch and Operte DIRECTV 78 (USABSS—18), Order and durrizarion, 19 FCC Red 7758 2004),

5... DIRECTV shall coordinate the frequency and power usage with all existing sateltes in orbit, which use frequenciesin the 14002—14004 Mz and 14496—14498 Mz bands, and which could be adversely affected by the TT&C operations ofthis space station. 6. DIRECTV shallcoordinate all transfer orbit Telemetry, Tracking, and Control operations with other potentially affected in—orbit DBS or FSS operators. 7. We DISMISS DIRECTV‘s request for waiver ofthe fullfrequeney reuse requirements contained in Section 25.210(d)"ofthe Commission‘s rules with respectto two of ts receive beams (Seattle and Atlanta) using right hand circular polarization (*RHCP®) and two of ts other receive beams (Castle Rock and New ork) using lefthand circular polarization (‘LHCP"). The rule requires the use oforthogonal polarizations within the same beam and/or through the use of spatiallyindependent beams, According to DIRECTV, he proposed DIRECTV 8 Ka—band FSS space station has a configuration ofransmit and receive antennas that cover geographically separated areas. The Seatle and Castle Rock receive beams operate in the 29.5—30.0 GHz band and the Atlanta and New York beams operate in the 28 35—28.6 GHz and 29.25—20.5 GHz bands. With this configuration, DIRECTV claims any given 250 MHz uplink channel can be received in RHCP or LHCP; however,due toth limitations on beam to bean interconnectivty,the same uplink channel cannot be re—used between uplink beams. Based on the receive antenna pattems that DIRECTV has provided in Exhibit C of FCC Form 312, a waiver request was found to be unnecessary because spatialy independent beams are utlized. 8. DIRECTV‘s request fora waiver ofthe cross—polarization isolation requirements, contained in Section 25.2100) ofthe Commission‘s rules is GRANTED. Section 25.2100)of the Commission‘s rulesrequire the ratio ofthe on—axis co—polar gain to the cross—polar gain ofthe antennain the assigned frequency band be at east 30 dB within ts primary coverage area." DIRECTV statesthat the DIRECTV 8 Ka—band FSS space station transmit and receive antennas have beendesigned to meet t cross—polarization requirement of27 dB, however current predictions indicate an actual minimum cross—polarization isolation of 24 dB for receive antennas and 21 dB for transmit antennas. DIRECTV statesthat ts design does not technically provide 30 B cross—polarization over the entire coverage area. DIRECTV states that ts cross—polaization interference is an inte—system design issue that does not affectinter—system coordination and therefore will not affecother Ka—hand satelitesystems. DIRECTV plans t employ digital modulation with forward error correction coding on both polarization senses toreduce system sensitivitytoeross—polarization interference. Based on DIRECTV‘s representations that itis using digita, rathethan analog modulation, and that other Ka—band satelte systems will not be affected by ts operation, we fid that it s in the public interest to waive Section 25.2100).® We find that this authoriztion is consistent with previous Commission actions and will permit DIRECTV to optimize the design of DIRECTV 8 Ka—band FSS space station without causing unaegeptable losses of signal quality or unduly adding to the spacecraft‘s weight, complexity or cost t aror® gas2100) * arcr® §252100) * arorn g2s2i00) * See, . New Skies Satlftes, N.V., Pettion for Declaratory Ruling. Order, 17 FCC Red 10369 at par., 19 (2002)and SES Americom, Inc, Application to Launch and Operte the Americon—23 bybrid C©KuTxtended Ku—Band Satllte, File No. SAT—LOA—20031218—00358, ranted July15, 2004

9. We GRANT DIRECTV‘s request for waiver of tem $7(p) of Section S7 of Schedule 8. The information provided by DIRECTV in ts Schedule S Form is suficient forus to determine whether the system meets the Commission‘s technical requirements. 10. DIRECTV shall prepare the necessaryinformation, as may be required,for submi the ITU to initate and complete the advance publication, international coordination, due diligence, and notification process ofthis space station, in accordance with the ITU Radi Regulations. DIRECTV shll be held responsible for all ost recoveryfees associated with these ITU filmgs. We also note that no protectionfrom interference caused by radio stations authorized by other administations is guaranteed unless coordination and notifcation procedures artimely completed or, withrespect to indi strations, by successfully completing coordination agreements. Any radio sation authorization for which coordination has not been completed may be subjectto additionalterms and conditions as required to effect coordination othe frequency assignments of other adminisrations. See 47 C.FR. § 25.1 1 1(b). 1. PIRECTV must coordinateits downlink operations ithe 18.3—18.8 GHz and 19.7—20.2 GHz bands with U.S. Government systems, including Government operations to eath stations in foreign countres,in accordance with footmote US334 t the Table of FrequencyAllocations, 47 cR 52.106 12. DIRECTV must conduct ts operations parsuant to this authorization in a manner consistent with the power fx.density requirementsoffootnote US25Sto the Table of Frequency Allocations, 47 C.F.R. §2.106, 47 C.F.R. § 25.138(a)(6), and 47 C.F.R. § 25.208, of the Commission‘s Rules. 13. This authorization does not in any way constitute an approval of DIRECTV‘s post— mission disposalplans for the DIRECTV 8 Ka—band FSS space sttion 14. DIRECTV must provide a written statement to the Commission within 60 days ofthe date ofthis authorization that identifies any known satelteslocated at, oplanned to be located at, DIRECTV‘ assigned orbital location, oassigned in the viciity of that location such that the station—keeping volume ofthe respective satelites might overlap, and that states the measures that will btaken to preventin—orbit collsions with such satelftes.This statement should address any Hieensed FCC systems, oany systems applied for and undeconsideration by the FCC. The statement need not address everyfling with the TTthat meetsthese crteri, butshould assess and address any systems reflected in TT filings that are in operation or that DIRECTV believes may be progressing toward launch, . by the appearance ofthe system on a launch vhicle manifes. If DIRECTV eleststorely on coordination with other operatorsto prevent in<orbit colliions, it shall provide statement as to the manner in which such coordination will be effected 15. The license term for the DIRECTV 8 Ka—band FSS space sttion, Call Sign $2132, is fifeen years and will begin t run on the date that DIRECTV certfesto the Commission that he satelie has been successfully placed ito orbit and its operation fully conforms to the terms and conditions ofthis authorization. section contains information regarding the minimum saturation pover flt—densityforspacestation receive beams

16. DIRECTV is afforded thiry days from the date ofrelease of this grant and authorization to declin this authorization as conditioned. Failure to respond within this period will consttute formal acceptance ofthe authorizationas conditioned. 17. This grant iissued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective upon release. Petitions for reconsideration under Section 1.106 or applications fo review under Section 1—115 of the Commission‘s rules, 47 C.F.R. §§ 1.106,1.115, may be filed within 30 days of the date of the public notie indicating that this action was taken.

9—16. Name of Contact Representative (1 other than applicant Name: Willam M. Witshire Phone Number: an>~730—1350 Company: Haris, Wiltshire & Gramis LLP Fax Number: an>~730—1301 Streets 1200 Eighreenth Stret, NW E—Mail: City: Washington State: nc Country: USA Zipeode: 200s6~ Contact Relationship: Legal Counsel Title: CLASSIRICATION OF FILING 17. Choose the button next t the classifation thatappliesto this fling for (N/A) 1. Application for License ofNew Sation both questions a.and b. Choose only one (N/A) b2. Applicationfor Revistration of New Domestc Receive—Only Station for 17a and only onefor 176. & (NA) b3. Amendimenttoa Pending Applcation & 31. Eh Station @ (NA) b4. Modlifiationof Liensor Registrtion bS. Assignment oLicense or Registation @ 3Space Sttion b6. Transfer of Control of License or Registration & (V/A) b7. Notfieation of Minor Modlifation (NA)b&.Application for License of New Receive~Only Station Using Non—U.S.Licensed Suclite (NIA) b9. Letter ofIntent to Use Non—U.S. Licensed Satllt o Provide Ser i the United Stites & (NA) b10. Other (Pleasespecity)

17c Is a fee submited with his application? @ 1¥s, complete and attach CC Form 159. IfNo,indicatereason for fee exemption (see 47 C.ER.Section 1.1114) ¢ GovernmentalEntty gy Noncommercia educational liensce g Otherfplease explain) va Fee Classifation A BFY — Space Sution Modifeation(Geostationry) 18. Ithis Aling is in refrence to an 19. Iths fling i anamendimentto pending pplication enter both felds,ifthis filing is a cxistingstation, enter: modifietion please enteronly th file number, (®) Call signofstation: (#) Date pendingapplication was fled (b File number: sace sarLoa 1993120300040

TYPE OF SERVICE 20. NATURE OF SERVICE: This fling s for an authorization t provideor use thfllowing Yype(s) fservice(oy Selectall that apply: a. Bixed Satelite [] b. Mobile Satelite [—] & Radiodetermination Satelte [C] 4 Bath Exploration Satelite [¥] & Direct to Home Fixed Sateite [] 5 Digitl Audio Radio Service [] #Other (nlease specify) 21. STATUS: Choos the button next to theapplcable satus, Choose [22, IF arth sation applicant, check alltha apply only one. [7] Using U.S,lcensed satlftes g Common Carrier @ Non—Common Carvier GUsineNo—Us Hieensed sutlites 5 mplicantis providng INTERNATIONAL COMMON CARRIER service, se insructons regarding See. 214 flings. Choose one. Are these fie g> Conneeted to a Public Switched Network gy Not connected t a PubliSwitched Network @ NA 24. FREQUENCY BAND(G):Place anin t box(es) nextt ll applicable frequency bando) J a.C—Band @6 Gite) 7b Ku—Band (12/14.GHe) ©:Other (Please specify upper and lower fequencies in Mitz) Frequency Lower: 18300 Frequency Upper: 30000 (Please specify additionalfrequencies in an atachment)

TYPE OF STATION 25. CLASS OF STATION: Choose the button nexttothe class of sation that apies, Choose only one. @ +.Fived Barth Sation @ 5. Temporany—Pixed Barth Sation g c. 12/14 GHzVSAT Network g 4. Mobile Earth Starion @ ©. Geostationary Space Sution & E. Nor—Geostationary Space Station @ a. Other (plese specity) 26. TVPE OF EARTH STATION FACILTTY: g> TransmitReceive gp Transmit—Only qy Recehve—Only @ NA "For Space Stationapplications, select N/A."

PURPOSE OF MODIFICATION 27. The purpose f his proposed modifecation is to: (Place an ‘X in the box(es) next to all hat apply) [C] a —authorization toadd new emission designator and elated service [] b —authorizationtochange emission designator and related service [ 6 suthorization toincrease EIRP and EIRP densiy [CJ 4 —authorization to replace antenna D e — authorization tadd anterns [C] 5 suthoriztionto relocate fixed sttion [—] £—suthorizationto change frequency(ies suthorization to add frequency authoriztion o add Points ofCommunication (satelites &amp;countries) authorization t change Poitsof Communication (stelites &amp; countrics) k authorisation forfacltesforwhich environmentalassessment and radiation hazard reporting is required [Z] !— authorzation to change orbit location [C] m —authoriztionto perform flect management [C] n —authorzationtoextend milestones [g] 0 — Other (Please specify)

ENVIRONMENTAL POLICY 28. Would a Commission grant ofany proposalin this appleation or amendment hava signifieant envronmental qy ¥es @ No impactasdefined by 47 CFR 1.1307? IfYES, submit the statement as required by Sections 11308 and 1.1311 of the Commission‘s rales, 47 C.ER. 1,1308 and 1.1311, as an exhibit t thisapplicationA Radiation Hazard Study mustaccompany al aplications for new trismiting fcilites, major modifations, or major amendments. ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast,common carrier, acronautical en route or meronauticalfixed radio station services are notrequired to respond to Items 30—34, 29. s the applicanta freign govermment or the representative of any foreign government? 0 Y« e N o NA 30. s the applicant an alienor the representaiveof an alien? 0 Y= e N o NA 31. is the applicant a corporation organized under the laws of any foreign government? 0 Y e N o NA 32. s the applicanta corporation ofwhich more than one—fifh ofhe capitastck is owned ofecord or vated by gy Yes @ No @ NA aliens or thirrepresentatives or by a foreign govemment or representtiv thereaorby any corporation organized under th laws ofaforeign country?

33. Is theapplicant a corporation direcly oidirecly contrlledby any other corporation ofwhich more than 6 )8 o No 9 NA ane—fourth of the capitalstack is owned of recard ovoted by aliens, heir epresentatives,orby foreign government or representatve threof orby ny corporaion organized under the laws oforsign country? 34,Ifany answer to questions 29,30, 31, 32 and/or33 iYes, attach as an exhibt nidentfiationof thealiens o. ExtibitA foreign enties, their nationalitheirelationship t th applicant, and the percentage of tock they own or voe. BASIC QUALIFICATIONS 38, Docs the Applicant request any walversor exemptions fom any ofthe Commission‘s Rules? es oN 1fes attich as an extibt, copies ofthe request for waivers or exceptions withsupporting documents. ExhibitC 36. Has th applicant or any party t his application or amendment had any FCC sttionauthorzation or leense 0s en revoked or had any application for an initil, modifiation orrenewal of FCC sttion autharzation, heense, or construction permit denied by the Commission? If¥es,ttach as an extibit, an expliation ofcircumstances.

37, Has th applicant, o any parttothi applicationor amendment, or any patydiectly oindrecly controling oYs the applicant ever been convieted oa felony by any state or ederal court? If¥es, attach asan oxhibt, an explination of ircumstances. 38. Has any court finally adjudged the applicant,or any person direcly or indirecly contolling th applicant, o1# guily ofunlwfully monopolizing or attemptingunlawfully to monopolizeradio communication,diectly or indirecty, through contrl ofmanifacture orsale ofadio apparatus, exclusive trific arangement or any other means or unfiir methods ofcompetition?If¥e, atach as an exhibi, an explanation ofcireumstances 39. Is the apliant,orany person directly oindiectly contralingthe applicant, currenty a party in any pending oY« matteeferredtoin the preceding two items? If yes, atach asan exhinit, an explanationof thcicumstances 40. Ifthe applicantisa corporation and is applying fora space sttion cense,attach as an exhibit the names, address,and citizenship ofthose stockholders owning a ecord and/or voting 10 percent or more ofthe Fier‘s votingstock and the percentages so held. I the case oiduciary control,indicate the beneficiary(ies) or class of ExtibicB beneficiariesAlso list the names and addressesof the offcers and directrs of the Filer

41. By checkingYes, the undersigned certfes, thatneither applicant nor any otherparty to the application is ¥es No subject ta denial of Federl benefits thatincludes FCC benefts pursuant t Section 5301 ofthe Anti—Drug Act of C 1988, 21 U.S.C. Section 862 because oa comvition for possession or distibution ofa contrlled substance. See 47 CFR 1.2002(b)for the meaning of Aquotiparty to the application&quotfr these purposes 425. Does the applicantintend to use a non=U. . leensed satelite to provide sevicein the United States?IfYos o Yes @ No answer 42b and atach an exhibt providingthe information specified in 47 C.RR. 25.137, as appropriat.IfNo, proceed to question 43. 42b What adminisration has leensed o in the process olicensingthe space sttion? f o lcense willb ved, what administation has coordinated or i i the process of coordinatingthe space station? [13. Deseripton.(Summarize thenature ofte application and t servies o be provided). (1f ie complete description docs not appearin this bos, please g to the end ofthe form to view it in ts entrety) [the applicant seeks to modify its existing license to operate a Ka—band satellite systen lat 101 wt to (1) combine onto a single satellite the individual Ka—band payloads originally authorized for deploynent on two satellites at 201 ML; (2) combine the Ka—band |payload with a Direct Broadcast Satellite payload on a high—pover hybrid satellite; and ExhibD 10

CERTIFICATION "The Applicant waives any claim to e use oany particula requency or fhe lectromagncti specirum as againttheregulatory powerofthe [United States because ofthe previous use ofthe same, whether by lense or otherwise,and requests an authorization in accordance with this application. The applicantcertifis that rant ofthis application would not cause the aplicantto bein violation oth spectrum agaregation imit in 47 CFR Pat 20. All sttements made in extibts area mateia part hereof and are incorporated hereinas if st outin full in thisapplication: "The undersigned,individualy and for theapplicant, hereby certifesthat allstatements made in this application and in al atached exhibis are imae, completeand correctto the best ohis oher knowledge and bele®, and are made in good fith. [¥. Applicant is a (an}: (Choos the btton next to applcable response) g Individeal £ Unincorporated Association @ Patmerstip g Comoration g Governmental Entity @ Other (please specify) (i5. Name of Person Signing [i. Tide of Person Signing Romulo Ponwal Executive Viee President 7. Plcase supply any need atachments. Atachment 1 Atachment 2 Atachment3; u1

wiLLEUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code,Tile 18 Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Titl 47Section 312a)(1)AND/OR FORFEITURE (U.S. Code, Te 47, Section 503. 12

rce Novick requirep By ThE PAPERWORK REDUCTION ACT "The publicreportingfor thi cllection of information is estimated t average 2 hours per esponse,includingthe time for reviewing instructions, searching exiting data sources, athering and maintainingthe required data, and completingand reviewing the collectionoinformation. Ifyou have any comments on this burden esimate, or how we can improvethe cllection and reduce the burden it causes you, please write tthe Federal Communications Commission, AMD—PERM, Paperwork Reduction Project(3060—0673), Washington, DC 20554. We will also accept your comments regardingthe Paperwork Reduction Act aspectsof this callction via the Intemetif you send them tojboley@fecgov. PLEASE bo No sEND comruetEp FoRMs To TiAbpRess. Remember — You are not required to respond to a colletion oinformation sponsored by the Federal government, anthe govermment may not conduct o sponsor this callction, unles itdisplays a currenty valid OMB control numberoif wefall to provide you witthis notice._This colletion has been assigned an OMB control number of 3060—0678. TiE FOREGOING NOTICE 1S REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104~13, OCTOBER 1, 1995 44 U.S.C. SECTION 3507. 13

43. Description. (Summarize the mature ofthe application and theservices to be provided). The applicant seeks to modify its existing license to operate a Ka—band satellite system at 101 ML to (1) combine onto a single satellite the individual Ka—band payloads originally authorized for deployment on two satellites at 101 ML; (2) combine the Ka—band payload with a Direct Broadcast Satellite payload on a high—power hybrid satellite; and (3) relinguish spectrun no longer needed for inter—satellite links. see Exhibit D. 14


Document Created: 2004-11-04 16:05:49
Document Modified: 2004-11-04 16:05:49
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