Attachment O&A

O&A

ORDER & AUTHORIZATION submitted by EchoStar LLC

O&A

2005-03-02

This document pretains to SAT-MOD-20041208-00218 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2004120800218_420076

Federal Communications Commission ba 05—536 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Echostar Satellite LL.C. ) ) For Modification of License to ) File No. SAT—MOD—20041208—00218 Select TT&C Frequencies for its ) Call Sign: $2490 Ka—hand GSO Satellte at 117° W.L. § Order and Authorization Adopr : Mareh 2, 2005 Released: March 2, 2008 By the Chief Satelite Division, Itermational Bureau 1 INTRODUCTION 1. By this Order, we modify Echostar Satelite L.L C.‘s(Echostar‘s)authorization to construct, launch, and operate a Ka—band‘ Geostationary Satelte Orbit (GSO) satllte atthe 117° W.L. orbital location, to include Ka—band and Ku—band® Tracking, Telemetry, and Command (TT&C) links. In addition, we grant Echostar‘s request for a limited waiver of Section 25.202(e)" ofthe Commission‘s ulesto operate TT&C links in the Ku—band on a non—interference basis outside ots authorized frequency band during launch and transfer orbit operations. Grant ofthislimited waiver will allow Echostar to maintain communications with the stelite,known as Echostar—1 17W (Call Sign 2490) during eriical launch and transfe orbit operations using the well—established Ku—band ground network 1. BacKGROUND 2. Echostais authorized to constuct,launch, and operate a GSO satelite in the 18.3—18.8 GHz (space— to—Rarth),19.7—20 2 GHtz(space—to—Farth),28 35—28.6 GHz (Barth—to—space), and 29.25—30.0 GHz (Earth— to—space)frequency bands. A condition (condition 8)of it authorization required Echostar to submit t the Commission a modification to it authorization specifying the exact frequencies for TT&C for Echostar—117W, on, or prir o,the date of ts firsconstruction milestone, .. December 8, 2004‘. In ts original aplication, Echostastated thatthe TT&C frequencies would be within the Ka—bands and thatit would provide its inal TT&C frequencies fo the satelite to the Commission shorly after it had selected a manufacturer fothe satelite. In the intalgrant,the Bureau reminded EchoStar tht, consistent with Section 25.202(g), the frequenciesselected forTTRC functions must be at ither or both edges ofthe ! for purposesof this ordertheKa—band ideined as the 18.3—18.8 GHte (spaceto Rarth), 19.7—20.2 GHte (spaceto— Bard),2835—28.6 GHe (Earthto—space, and 29.25—30.0 GHe (Eartto—space)requency band * For purposes ofthis order, Kucband is defined asthe 11.700—12.200 GHte(spaceo—Rarth), 14.000—14.500 GiHtz (Eartto—»pace) requencybands Maron® 525200 * See Stump GrantFile No. SAT—LOA—20030827—00177 (Dec 8, 2003); as modifed by Samp Gran, File No. SAT— MOD—20041008—00196,(wranted Dcc. 6, 2004) (uthoricingEchostar o operte at117° W.L, atherthan at 123WL, as intallyauthorized) taronn, gmoo

Federal Communications Commission Da 05—536 Ka—band 3. Consistent withthe condition of ts authorization, Echostar submitted a modification application on December 8, 2004 requesting on—sation TT&C frequenciesat the band edges ofthe Ka—band at 29.999 GHtz (Right Hand Cirentar Polarization (RHCP))for command, and 19.701 GHz and 20.199 GHtz (both Left Hand Cireular Polarization (LHCP))fortelemetry. Echostar also submited a requestto operate at 14.001 GHtz(RHCP) and 14003 GHz (RHCP) for command and at 11.7055 GHz (LEHCP) and 12.198 GHte (LHCP) fortelemetry during the launch and transfer orbit phase. In support of ts waiver to operate TT&C outsidethe Ka—band during lunch and transfer orbit, Echostar indicated that no worldwide Ka— band TT&C network exists t thistime to supportthese operations,but that a well—established system exists in the Ku—band. Echostar alsostated that Ku—band operation would be more reliable over a wider variety ofweather conditions during these citcal operations. Echostafurther indicated that it would turn off he Ku—band TT&C system onceEchostar—117W reaches ts assigned orbital location, and that Echostar would request further use ofthe Ku—band TT&C system only ifthe Ka—band TT&C system fuils. 111. DISCUSSION 4.. Echostar‘s proposed or—station Ka—band TT&C frequencies are consistent with Commission rule Accordingly,we grant Echostar‘s request to modify ts authorization to reflct on—station TT&C atthe ‘band edges in the Ka—band, specifically to operate at29.999 GHz (RHCP) for command and 19.701 GHz and 20.199 GHtz (both LHCP) for telemety. 5. To permi it to use Ku—band frequencies for TT&C during launch and transfer orbit, Echostar requests a waiver of Seetion 25.202(@)° of the Commission‘s rule, which requires that TT&C functions for U.S domestic satelites shallbeconducted at either or both edzes oftheallocated band(s). The rule further provides that frequencies, polarization, and coding shallbe selected o minimize interference io other satellite networks and within thir own satelite system. The Commission may granta waiver for good cause shown." Waier is appropriate if (1) specialcircumstances warranta deviation from the general rule, and (2) such deviation would betr serve the public interestthan would stricadherence to the generalrule® Generall,the Commission may grant a waiver ofis ulesin particularcase onlifthe reliefrequested would not undermine the policy objective ofhe rule in question, and would otherwise serve the public interest" 6. As the Commission hasindieated, Section 25.202(g)othe ruleslimits FSS operators to operating TT&C links in the same frequency bands astheir FSS operations.". Thus a GSO/ESS operator will generally coordinate ts TT&C operations with the same set of satelites, at adjacent orbital locations,with which it coordinatesits FSS operations. In this respect,the ril serves the purpose of simplifying the coortination process for FSS systems, by limiting the number of potentilly affected operators. t also provides an incentive for an operator to maximize the effiency of a system‘s TT&C operations, and minimize the constrints placed on other stelite operations,since the greatesimpact of any incfTciency in TT&C operations is likely to be on the services offered by the operator‘s own sateite Seear CR 5282000 47 CR § 13. See alo MAIT Radio . FCC, 418 E2d 1153 (D.C. in 1960)(AIT Radia) NortheastCelhdar Tel.Co.v. FCC, 97 E2d 116(D.C. Cir, 1990) (Northeast Celtuar) " See Northeast Celtaor, 897 F.2d at 1166 See WAITRadio, 418 E2d at 1157. "Amendinentofe Commission‘sRules With Regard o the 3650—3700 Mitz Government Transfer Band, ECC 00— 363, 15 FCC Red 20488, pargraph 129.

Federal Communications Commission DA 05—536 7. Echostarargues that grant ofa waiver willnot undermine the parposes ofSection 25.202(g) Echostar states that ts proposes to use only small amounts of Ku—band spectrum at the edges of the allocated band fora very imited amount of time during launch and transfer orbit operations on a non— interference basis. Echostar also indicates thatit willcoordinate with other operators using those frequenciesin order t ensure thatno interferencei caused 8. We agree that a waiver will not undermine Section 25.202(g)othe rulesbecause ofthe short term nature ofthe proposed Ku—hand TT&C operations and its non—harmfulinterference status. Further, Section 25.202(g)is premised upon the coordination and efficiency ofaperations onee the sateliteis operatingat ts assigned orbit location. Here, Echostar will terminate the Ku—band TT&C once the satellite reaches is assigned orbitlocation at 117° W.L.. Echostar‘sjustifcationfo ts limited use ofKu— band TT&C during launch and transfer orbit is also consistent with the Commission‘s decision with respect to TT&C for transfer operation for DBS."" Specificaly,in Parr 100 Order, the Commission recognized that fortrnsfer orbit operations, DBS operators might seckto use different earth sttions than those that would ultmately be used for on—orbit operations.The Commission noted that, in those cases operators might seckto use earth sttions for relatively shortterm transfer orbit TTC functions operating outside tedges ofthe DBS service bands. The Commission decided to evaluate requests by DBS operatorsto use FSS frequencies for transfer orbit TT&C operations on a case—by—case basis. 9.. We will grant Echostar‘s requestto operate TT&C in the Ku—band during launch and transfer operations on a non—harmful inerference basis. Accordingly, we grant Echostar‘s waiver request and authorize it to operate its TT&C at the 14001 GHz (RHCP) (Ean—to—space), 14.003 GHz (RHCP) (Earth—to—space), 11,7055 GHz (LHCP) (space—to—Earth), and the 12.198 GHz (LHCP) (space—to—Earth) frequenciesduring launch and transferorbit operations on a non—harmfulinterference basis 10. To prevent inerference to other systems that may be authorized at Ku—band at117° W.L.orbita location, Echostaris reuired to tum off the Ku—hand TT&C system upon arrival at ts assigned orbital location. Echostar shall notreactivate the Ku—band TT&C system on the spacecraft without prior authorization from the Commission. Iv. ORDERING CLAUSES 11. Echostar Satelite LLC‘s (Echostar‘s)application, File No. SAT—MOD—20041208—00218, to modify its current authorization to construct, launch, and operate a Ka—band Geostaionary Satelite Orbitstelite at 117 W.L. orbial location, t include Tracking, Telemeny and Command (TTC) 18 GRANTED. Accordingly, EchoStar is authorized to operate its EchoStar—1 17W (Call Sign $2490)° satellit in the 117° W.L. orbital location using the 18.3—18.8 GHz (space—to—Earth),19.7—20.2 GHz (space—to—Earth), 28,35—28.6 GHz (Earth—to—space), and 29.25—30.0 GHz (Earth—o—space) frequency bands and to operate its on—station TT&C in the 29.999 GHz (RHCP) (Earth—to—space), 19.701 GHtz (LHCP) (space—to—Earth), and 20.109 GHz (LHCP) (space—to—Earth)frequencies, in accordance with the terms, conditions, and technicalspecifications set forthin its application,this Order and the Federal Communications Commission‘s Rules. 12. TT IS FURTHER ORDERED thatEchostar‘s request to waive 47 CR. § 25202(g) S GRANTED as described herein. Accordingly, Echostar may operate the TT&C for the Echostar—117W satelite during lunch and transfer orbit operations using the 14.001 GHz (RHCP) (Earth—to—space), 14.003 GHte (RHCP) (Earth—to—space),11,7088 GHz (LHCP)(space—to—Earth), and 12.198 GH(LHCP)(space—to— Earth)frequencies: ©‘ See Polies and Rulesforthe Direct roadeast Stelie Service, IB Docket No. 98—21, Aeport and Order,17 ECC Red 11331, FCC 02—110 (rl. Apri8, 2002) " The spacecrift was formaly known as Echostar—123W. 3

Federal Communications Commission Da 05—536 13. TT IS FURTHER ORDERED that Echostar must cease operations ofthe TT&C for the Echostar— 117W sateite at14001 GHz (RHCP) (Eath—to—space), 14.003 GHtz(RHCP)(Earth—to—space), 1.7058 GHtz (LHCP) (space—to—Rarth, and 12.198 GHe (LHCP) (space—to—Rarth)frequencies upon arival t ts assigned orbiallocation. Upon arival t its assigned orbital location, Echosta shall not operate the TT&C for Echostar—117W on 14.001 Gitz (RHCP) (Eartho—space),14.003 GHz (RHCP) (Earth—to— space), 11.7055 GHz (LHCP) (space—to—Earth), and 12.198 GHz(LHCP) (space—to—Earth) withoutfrther Commission authorization. 14. TT IS FURTHER ORDERED that Echostar shall coordinateits Iunch and transfer orbit TT&C operations withexisting satllte networks to ensure that no unaeceptable nterference results from its TT&C operations during its Iaunch and transfer orbit operations. 15. TT IS FURTHER ORDERED that Echostr‘s lunch and transfr orbit operations shall not cause harmfulinterference o any lawfully operating in—orbit satelites or other radio communications systems and Echostarshallcease operations immediately upon notiation ofsuch interference and Echostar shall inform the ECC in writing immediately ofsuch an event 16. TT IS FURTHER ORDERED that Echosta is required to accept interference from other lawfully operatingin—orbitsatelltesand radio communication systems during ts launch and transferorbit operations. 17. TT IS FURTHER ORDERED that all conditions of the December6, 2004 grant with the exception of condition 8 otherwise remains in effect." 18. This Orderis issued pursuant to Section 0.261 of the Commission‘s ules on delegated authority, 47 C..R, §0.261, and is effective upon adoption. Petitions for reconsideration under Section 1.106 or applications fo review under Section 1.115 of he Commission‘s rules, 47 C.FR. §§ 1.106, 1.15, may be filed within 30 days of the date ofthe Public Notice announcing that this action was taken. FEDERAL COMMUNICATIONS comssioN Satelite Division " See Stimp Grant, SAT—LOA—20030827—00177, Call Sign $2490, (granted D. , 2003); Samp Grant, SAT— MOD—20041008—00196, allSign $2490, (granted Dec.6, 2004) a


Document Created: 2005-03-02 15:14:14
Document Modified: 2005-03-02 15:14:14
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