Attachment GRANT

GRANT

DECISION submitted by IB,FCC

GRANT

2007-12-17

This document pretains to SAT-MOD-20070626-00086 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2007062600086_611527

Approved by OMB 3060-0678 Date & Time Filed: Jun 26 2007 9:58:27:136AM File Number: SAT-MOD-20070626-00086 '-+\ FCC 3 12 MAIN FORM FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: MOD - DIO -move from 102.8 to 102.775 1-8. Legal Name of Applicant Name: DIRECTV Enterprises, LLC Phone Number: 310-726-4993 DBA Fax Number: 3 10-535-5323 Name: Street: 2230 E. Imperial Hwy E-Mail: dapat t i11o@dire ct v.com City: El Segundo State: CA Country: USA Zipcode: 90245 - Atten tion: Dave Pattillo (or other idcntificr) Tcrni D m s 1

ATTACHMENT Conditions of Authorization IBFS File No. SAT-MOD-20070626-00086 Call Sign: S2641 Grant Date: December 17,2007 The request of DIRECTV Enterprises, LLC (“DIRECTV”) for a modification of its license, File No. SAT-MOD-20070626-000Sb,’ IS GRANTED. Accordingly, DIRECTV IS AUTHORIZED to operate its Fixed-Satellite Service (FSS) Ka-band space station, DIRECTV 10, at the 102.775’ W.L. orbital location in the 18.3-18.8 GHz (Downlink) and 29.25-29.50128.35-28.60 GHz (Uplink) frequeiicy bands. This authorization is granted in accordance with the terms, contl itions. and technical specifications set forth in DIRECTV’s application, this Attachment, and the Coinmission’s rules: I . DIRECTV must coordinate all of its Ka-band downlink operations with Federal fixed-satellite systems, both geostationary aiid noli-geostationary, in accordance with footnote US334 to the Table of Frequency Allocations, 47 C.F.R. 5 2.106. Absent a coordination agreement pursuant to footnote US334, DIRECTV shall operate its Ka- band downlinks on a non-harmful intei-ference basis with regards to Federal systems in the 18.3-18.8 and 19.7-20.2 GHz bands and must terminate its Ka-band downlink operations immediately in the event that such operations cause harmful interference into operating Federal systems. In addition, DIRECTV must accept interference from such systems absent a coordination agreement pursuant to footnote US334. 2. DIRECTV must maintain the DIRlXTV 10 satellite at 102.775’ W.L. with +/- 0.05 degree longitudinal stationkeeping. See 47 C.F.R. 5 25.2 1OU). 3. Other than the change in orbital location of the DIRECTV 10 satellite from 102.800”W.L. to 102.775’ W.L., the conditions of DIRIXTV’s existing authorization for the satellite remain uiicliaiiged. ’ 4. DIRECTV’s request for extension of Special I einporary Authority, File No. SAT-STA-2007 1024-00 146, IS GRAKTED to the extent necessary, subject to the terms and conditions specified in File No. SAT-STA-20070816-00115, and otherwise IS DISMISSED AS MOOT. 5 . DIRECTV is afforded thirty days i’i-oiiithe date of release of this authorization to decline this authorization as conditioncd. Failure to respond within this period will constitute formal acceptance of the authorization as conditioned. ’The application was placed on public notice as accepted for filing on September 14, 2007. See Federal Communications Commission, International Bureau, Policy Branch Information, Satellite Space Applications Accepted for Filing, Public Notice, Rcpoi-t No. SAT-00470 (rel. September 14, 2007). No coininents were filed. IBFS File No. SAT-LOA-20040909-00 169, receiwd grant starnp approval on March 8, 2005. See Federal Communications Commission, Internation,il Bii~.cati.Policy Branch Information, Actions Taken, Public Notice, Report No. SAT-00278 (March I 1. 2OOi).

6. This Authority is granted pursuant to Section 0.261 of the Commission's rules on delegated authority, 47 C.F.R. 5 0.261. and is effective immediately. Petitions for reconsideration under Section 1.106 01' applications for review under Section 1.1 15 of the Commission's rules, 47 C.F.R. $5 1.106, 1 . I 15, may be filed within 30 days of the date of the public notice indicating that this action was taken.

9-16. Naine of Contact Representative Name: William M. Wiltshire Phone Number: 202-730-1 350 Company: Harris, Wiltshire & Grannis, LLP Fax Number: 202-73 0- 130 1 Street: 1200 18th Street, NW E-Mail: wwiltshire@harriswiltshire.com City: Washington State: DC Country: USA Zipcode: 20036- Attention: William M. Wiltshire Relationship : Legal Counsel I CLASSIFICATION OF FILING 17. Choose the button next to the :lassification that applies to this filing for (N/A) b 1 . Application for License of New Station 3 0 t h questions a . and b. Choose only one (N/A) b2. Application for Registration of New Domestic Receive-Only Station ‘or 17a and only one for 17b. 0 b3. Amendmcnt to a Pending Application @ b4. Modification of License or Registration 0 a1 . Earth Station b5. Assignment of License or Registration a2. Space Station b6. Transfer of Control of License or Registration 0 b7. Notification of’Minor Modification (N/A) b8. Application for License of New Receive-Only Station Using Non-U.S. Licensed Satellite (N/A) b9. Letter of Intent to Use Non-U.S. Licensed Satellite to Provide Service in the United States (N/A) b 10. Other (Please specify) (N/A) b 1 1. Application for Earth Station to Access a Non-U.S.satellite Not Currently Authorized o Provide the Proposed Service in the Proposed Frequencies in the United States (N/A) b 12. Application for Database Entry 0 b 13. Amendment to a Pending Database Entry Application 0 b14. Modification of Database Entry 2

17c. Is a fee submitted with this application? @ IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1 1 14). 0 Governmental Entity 0 Noncommercial educational licensee 0 Other(p1ease explain): 17d. Fee Classification BFY - Space Station Modification(Geostationary) 18. If this filing is in reference to an 19. If this filing is an amendment to a pending application enter both fields, if this filing is a existing station, enter: modification please enter only the file number: (a) Call sign of station: (a) Date pending application was filed: (b) File number: S2641 SATLOA2004090900 169 3

TYPE OF SERVICE 20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Select all that apply: Ha. Fixed Satellite b. Mobile Satellite c. Radiodetermination Satellite d. Earth Exploration Satellite e. Direct to Home Fixed Satellite f. Digital Audio Radio Service 0g. Other (please specify) 2 1 . STATUS: Choose the button next to the applicable status. Choose 122. If earth station applicant, check all that apply. only one. 0 Using U.S. licensed satellites 0 Common Carrier @ Non-Common Carrier Using Kon-U.S. licensed satellites I 33.If applicant is pro\.idng JNTEKNATIONAL COMMON CARRIER service, see instriictions regarding Sec. 2 14 filings. Choose one. Are these faci lities : 0 Connected to a Public Switched Network Q Not connected to a Public Switched Network N/A 24. FREQUENCY BAND(S): Place an 'X' in the box(es) next to all applicable frequency band(s). 0 a. C-Band (4/6 GHz) b. Ku-Band (12/14 GHz) c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: 18300 Frequency Upper: 29500 (Please specify additional frequencies in an attachment) 4

TYPE OF STATION 25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one. 0 a. Fixed Earth Station 0 b. Temporary-Fixed Earth Station 0 e. 12/14 GHz VSAT Network 0 d. Mobile Earth Station e. Geostationary Space Station Q f. Non-Geostationary Space Station Q g. Other (please specify) 26. TYPE OF EARTH STATION FACILITY: 0 Transniit/ReceI~-e 0 Transmit-Only 0 Receive-Only @ N/A 'For Space Station applications, select N/A." 5

PURPOSE OF MODIFICATION 27. The purpose of this proposed modification is to: (Place an 'X' in the box(es) next to all that apply.) a -- authorization to add new emission designator and related service 0b -- authorization to change emission designator and related service c -- authorization to increase ETRP and EIRP density d -- authorization to replace antenna e -- authorization to add antenna 0 f -- authorization to relocate fixed station ' g -- authorization to change frequency(ies) ' h -- authorization to add frequency 0i -- authorization to add Points of Communication (satellites & countries) j -- authorization to change Points of C'omniunication (satellites & countries) k -- authorization for facilities for which environmental assessinent and radiation hazard reporting is required 1 -- authorization to change orbit location 0m -- authorization to perform fleet management n -- authorization to extend milestones o -- Other (Please specify) 6

ENVIRONMENTAL POLICY ~~~~~~~ ~~ 28. Would a Coininission grant of any proposal in this application or amendment have a significant environmental 0 Yes e No impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and I . 131 1 of the Commission’s rules, 47 C.F.R. 1.1308 and I . 131 1, as an exhibit to this app1ication.A Radiation Hazard Study must accompany all applications for new transmitting facilities, major modifications, or major amendments. ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station services are not required to respond to Items 30-34. I29. Is the applicant a foreign government or the representative of any foreign government? 0 Yes @ No I 30. Is the applicant an alien 01 the representative of an alien‘? 3 1. Is the applicant a corporation organized under the laws of any foreign government? 32. Is the applicant a corporation of which more than one-fifth of the capital stock is owned of record or voted by 0 Yes Q No N/A aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? 7

33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than 0 Yes 0 No N/A one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? 34. If any answer to questions 29, 30, 3 1, 32 and/or 33 is Yes, attach as an exhibit an identification of the aliens or foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote. BASIC QUALIFICATIONS 35. Does the Applicant request any waivers or exemptions from any of the Commission’s Rules? 0 Yes @ No If Yes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents. 36. Has the applicant or any party to this application or amendment had any FCC station authorization or license 0 Yes No revoked or had any application for an initial, modification or renewal of FCC station authorization, license, or construction permit denied by the Commission? If Yes, attach as an exhibit, an explination of circumstances. 8

37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling 0 Yes No the applicant ever been convicted of a felony by any state or federal court? IfYes, attach as an exhibit, an explination of circumstances. 38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant, 0 Yes No guilty of unlawfully monopolizing or attemptiing unlawfdly to monopolize radio communication, directly or indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement or any other means or unfair methods of competition?TfYes, attach as an exhibit, an explanation of circumstances 39. Is thc applicant, or any pa-son clii-cctly or indircctly controlling thc applicant, curi-ently a party 111 any pending 0 Yes @ No matter rcfcrred to i n thc preceding t n w itcms? If yes, attach as an exhinit, an explanation of the circunistances. 40. If the applicant is a corporation and is applying for a space station license, attach as an exhibit the names, address, and citizenship of those stockholders owning a record andor voting 10 percent or more of the Filer’s voting stock and the percentages so held. In the case of fiduciaiy control, indicate the beneficiary(ies) or class of beneficiaries. Also list the names and addresses of the officers and directors of the Filer. 9

41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is Yes 0 No subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti-Drug Act of 1988, 21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. See 47 CFR 1.2002(b) for the meaning of "party to the applicationlkquot; for these purposes. 42a. Does the applicant intend to use a non-U.S. licensed satellite to provide service in the United States? IfYes, 0 Yes No answer 42b and attach an exhibit providing the information specified in 47 C.F.R. 25.137, as appropriate. If No, proceed to question 43. 4213. What ;tdministr:ition has licensed or is in the process of licensing the space station? If no license will be issued, what administration has coordinated 01-is i n the process of coordinating the space station'? 13. Description. (Summarize the nature of the application and the services to be provided). (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) DIRECTV Enterprises, LLC requests authority to relocate its DIRECTV 10 space station to the 102.775 WL orbital location. See Exhibit A. Exhibit A I 10

43a. Geographic Service Rule Certification By selecting A, the undersigned certifies that the applicant is not subject to the geographic service or geographic e* coverage requirements specified in 47 C.F.R. Part 25. By selecting B, the undersigned certifies that the applicant is subject to the geographic service or geographic OB coverage requirements specified in 47 C.F.R. Part 25 and will comply with such requirements. By selecting C, the undersigned certifies that the applicant is subject to the geographic service or geographic 0" coverage requirements specified in 47 C.F.R. Part 25 and will not comply with such requirements because it is not feasible as a technical matter to do so, or that, while technically feasible, such services would require so many compromises in satellite design and operation as to make it economically unreasonable. A narrative description and technical analysis demonstrating this claim are attached. CERTIFICATION The Applicant uraives any claiiii to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the I;nited States because of the previous use of the same, \vhether by license or otheiwise, and requests an authorization in accordance with this The applicant certifies that grant of this application u~ouldnot cause the applicant to be in violation of the spectrum aggregation limit L:pplici~tioii. in 47 CFR Part 20. All statements made in exhibits are a material part hereof and are incorporated herein as if set out in fLill in this application. The undersigned, individually and for the applicant, hereby certifies that all statements made in this application and in all attached exhibits are true, complete and correct to the best of his or her knou.lrdge and belief, and are made in good faith. 11

44. Applicant is a (an): (Choose the button next to applicable response.) 0 Individual Q Unincorporated Association 0 Partnership 0 Corporation 0 Governmental Entity Other (please specify) 45. Name of Person Signing 46. Title of Person Signing James R u tterworth Senior Vice President II’ILLFCL I’LlLSE S T21TEAIE.NTSh1ADE ON TEIIS FORM ARE PCXISII,-iBLE BY FINE AND / OR IMPRISONMENT (U.S. Codc, Title 1 S, Scction lOOl), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Codc, Title 47, Section 3 12(a)(l)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). 12

FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. If you have any comments on this burden estimate, or how we can improve the collection and reduce the burden it causes you, please write to the Federal Communications Commission, AMD-PERM, Paperwork Reduction Project (3060-0678), Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects of this collection via the Internet if you send them to jboley@fcc.gov. PLEASE DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember -You are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-0678. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104-13, OCTOBER 1,1995,44 U.S.C. SECTION 3507. 13


Document Created: 2007-12-19 10:35:08
Document Modified: 2007-12-19 10:35:08
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