Attachment DIRECTV - Corrected

DIRECTV - Corrected

DECISION submitted by IB,FCC

Grant

2014-02-20

This document pretains to SAT-MOD-20131114-00133 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2013111400133_1037390

+« Corpecienp Compinoy #4¢ oATE ow o2 /2/\ *¥ File # $80T— Mmob — 2013 |I I4— 00133 1B2013002617 $2673 SsAT—MOD—20131114—00133 DIRECTV Enterprises, LLC Call Sign $2.613 GrantDate OZ/ZO/HW_ DIRECTV 5 (or other identifier) . Term Dates S¢6€ . Approved by OMB 3060—0678 | From_C Z/ZO 4 20. conddh ons_ ZAbda)hleW | [ | Date & Time Filed: Nov 14 2013 4:27:34:623PM Internation yyyyy U | / “"-14/;,{:. File Number: SAT—MOD—20131114—00133 ¥with condifions | Step 3. Duall | Chief, Secellite Pah‘c:, Branch FCC APPLICATION FOR SPACE AND EARTH STATION:MOD OR AMD — MAIN FORM FCC Use Only FCC 312 MAIN FORM FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: SAT—MOD—S2763 1—8. Legal Name of Applicant Name: DIRECTV Enterprises, LLC Phone Number: 301—663—0053 DBA Fax Number: 240—358—0569 Name: Street: 2230 E. Imperial Hwy E—Mail: jwengryniuk@directv.com CA/LAI/N34O0 City: El Segundo State: CA Country: USA Zipcode: 90245 —— Attention: Mr Jack M Wengryniuk

Attachment to Grant DIRECTV Enterprises, LLC IBFS File No. SAT—MOD—20131114—00133 Call Sign $2673 The application of DIRECTV Enterprises, LLC (DIRECTV), IBFS File No. SAT—MOD— 20131114—00133, to modify its authority to operate the DIRECTV 5 (Call Sign $2673) Direct— Broadcast Satellite (DBS) space station at the 110.1° W.L. orbital location using three channels in the 12.2—12.7 GHz (space—to—Earth) and 17.3—17.8 GHz (Earth—to—space) frequency bands is GRANTED.‘ Specifically, DIRECTV is authorized to reorient DIRECTV 5 to the east to improve the signal strength and availability in Puerto Rico. Operations under this authorization must be in accordance with the technical specifications contained in DIRECTV‘s application and the Federal Communications Commission‘s rules not waived herein, and are subject to the following conditions: 1. While at the 110.1° W.L. orbital location, DIRECTV must maintain the DIRECTV 5 satellite with an east/west longitudinal station—keeping tolerance of +/—0.05°. 2. No additional changes are authorized to the previously authorized technical parameters of the DIRECTV 5 space station." With the exception of reorienting the DIRECTV 5 space station, DIRECTV must comply with previous conditions placed on operations of DIRECTV 5.5 3. DIRECTV‘s request for a partial waiver of Section 25.148(c) of the Commission‘s rules, 47 C.F.R. § 25.148(c), is GRANTED, as conditioned. Section 25.148(c) requires DBS providers authorized after January 19, 1996, to provide service to Alaska and Hawaii where such service is technically feasible from the orbital location. DIRECTV 5 is technically capable of providing service to Alaska and Hawaii from the 110.1° W.L. orbital location. DIRECTV states that the requested reorientation of DIRECTV 5 will provide better service to Puerto Rico," but will reduce the signal strength to Alaska and Hawaii. This waiver is granted based on the following factors: (1) DIRECTV only operates on channels 28, 30, and 32 at the 110.1° W.L. orbital location; (2) the programming that DIRECTV provides to subscribers in Alaska and Hawaii is also provided to those subscribers by other satellites and as a result, after reorientation of DIRECTV 5, subscribers in Alaska and Hawaii will continue to have access to all of the programming carried by DIRECTV 5; (3) reorientation of the satellite will improve the quality of signal reception for subscribers in Puerto Rico; and (4) the waiver is limited to ‘ The application was placed on Public Notice as accepted for filing on January 10, 2014. Policy Branch Information, Satellite Space Applications Accepted for Filing, Public Notice, Report No. SAT—00990 (rel. January 10, 2009). No comments were filed. * See DIRECTV Enterprises, LLC, 20 ECC Red 15778 (IB 2005); IBFS File No. SAT—MOD—20060717— 00074 (Nov. 29, 2006). 3 1d. * DIRECTV Enterprises, LLC, Minor Modification of Authorization to Operate DIRECTV 5 at 110.1° W.L., IBFS File No. SAT—MOD—20131114—00133, at 3 (stating that reorientation will increase signal strength to Puerto Rico by a factor of nearly four, thereby increasing signal availability to over 99.85 percent).

Attachment to Grant DIRECTV Enterprises, LLC IBFS File No. SAT—MOD—20131114—00133 Call Sign $2673 the operations of the DIRETV 5 space station at the 110.1° W.L. orbital location. * 4. Nothing in this authorization extends the license term for the DIRECTV 5 space vstation, which expires on October 5, 201 5.5 5. DIRECTV is afforded 30 days from the date of this action to decline this authorization as conditioned. Failure to respond within this period will constitute formal acceptance of the authorization as conditioned. 6. This action is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective immediately. Petitions for reconsideration under Section 1.106 or applications for 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 notice indicating that this action was taken. $4k CoRRECGTIZED comdmon *4 DMTE ow o2 /25 /l4r+k« File #§M—MoD — 2013 {1 14— ©0133 t Call Sign 82673 Grant Date OZ/ZO/M (or otheridentifier) Term Dates See. | ._ El wde é| 1"1()1:1_@{2/20/[.4 m rrnirrdinreenmenfondendoass To: __corditions_ reranl imomatont Burow| * urh conditions apporee:___L7GPgn4e¥_ Step Duall Cmel Sdelie Plicg Banch ° See e.g., EchoStar Satellite L.L.C., Memorandum Opinion and Order, 19 FCC Red 6075 (Int‘l Bur. Sat. Div. 2004)(concluding a waiver of the DBS geographic service rule was appropriate where grant of the waiver did not result in a degradation of service currently provided to customers in Alaska and Hawaii and the waiver was limited to the particular satellite requested and did not extend to satellites subsequently placed at the orbital location). ° See IBFS File No. SAT—A/O—20050504—00093 (October 4, 2005).

9—16. Name of Contact Representative Name: William M. Wiltshire Phone Number: 202—730—1350 Company: Wiltshire & Grannis LLP Fax Number: 202—730—1301 Street: 1200 18th Street, NW E—Mail: wwiltshire@wiltshiregrannis.com Suite 1200 City: Washington State: DC Country: USA Zipcode: 20036— Attention: William M. Wiltshire Relationship: Legal Counsel CLASSIFICATION OF FILING

17. Choose the button next to the classification that applies to this filing for (N/A) b1. Application for License of New Station both questions a. and b. Choose only one (N/A) b2. Application for Registration of New Domestic Receive—Only Station for 17a and only one for 17b. {4 b3. Amendment to a Pending Application @@ b4. Modification of License or Registration {3y al. Earth Station b5. Assignment of License or Registration ) a2. Space Station b6. Transfer of Control of License or Registration £34 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) b10. Other (Please specify) (N/A) b1 1. Application for Earth Station to Access a Non—U.S.satellite Not Currently Authorized to Provide the Proposed Service in the Proposed Frequencies in the United States (N/A) b12. Application for Database Entry {34 b13. Amendment to a Pending Database Entry Application £34 b14. Modification of Database Entry 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 1.1114). «4 Governmental Entity ¢"% Noncommercial educational licensee g4 Other(please 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: $2673 SATMOD200607 1700074 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: D a. Fixed Satellite D b, Mobile Satellite D c. Radiodetermination Satellite D d. Earth Exploration Satellite D e. Direct to Home Fixed Satellite D £. Digital Audio Radio Service E g. Other (please specify) Direct Broadcast Satellite 21. STATUS: Choose the button next to the applicable status. Choose |22. If earth station applicant, check all that apply. only one. D Using U.S. licensed satellites €3 Common Carrier @ Non—Common Carrier D Using Non—U.S. licensed satellites 23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one. Are these facilities: {}3 Connected to a Public Switched Network C 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). D a. C—Band (4/6 GHz) D b. Ku—Band (12/14 GHz) IE c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: 12200 Frequency Upper: 17800 (Please specify additional frequencies in an attachment) TYPE OF STATION 25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one. ¢4 a. Fixed Earth Station 3 b. Temporary—Fixed Earth Station «y o. 12/14 GHz VSAT Network g4 d. Mobile Earth Station @ e Geostationary Space Station o f. Non—Geostationary Space Station «3 g. Other (please specify) 26. TYPE OF EARTH STATION FACILITY: «3 Transmit/Receive g*y Transmit—Only ;3 Receive—Only y N/A "For Space Station applications, select N/A."

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

ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental y Yes g@, No impact as defined by 47 CFR 1.1307? IfYES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission‘s rules, 47 C.F.R. 1.1308 and 1.1311, as an exhibit to this application.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. 29. Is the applicant a foreign government or the representative of any foreign government? £, Yes @ No 30. Is the applicant an alien or the representative of an alien? ; Yes ; No @ N/A 31. Is the applicant a corporation organized under the laws of any foreign government? ; Yes ; No @ N/A 32. Is the applicant a corporation of which more than one—fifth of the capital stock is owned of record or voted by ; Yes ; 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?

33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than o Ye & 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, 31, 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? @ Yes y No IfYes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents. Exhibit B 36. Has the applicant or any party to this application or amendment had any FCC station authorization or license «4 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? IfYes, attach as an exhibit, an explination of circumstances.

37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling .D 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, C Yes @.No guilty of unlawfully monopolizing or attemptiing unlawfully 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?IfYes, attach as an exthibit, an explanation of circumstances 39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending C» Yes @No matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances. 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 and/or voting 10 percent or more of the Filer‘s voting stock and the percentages so held. In the case of fiduciary control, indicate the beneficiary(ies) or class of Exhibit A beneficiaries. Also list the names and addresses of the officers and directors of the Filer.

41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is @ Yes y 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 application" for these purposes. 42a. Does the applicant intend to use a non—U.S. licensed satellite to provide service in the United States? IfYes, 4 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. 42b. What administration has licensed or is in the process of licensing the space station? If no license will be issued, what administration has coordinated or is in the process of coordinating the space station? 43. 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 seeks authority to modify the authorization for DIRECTV 5 so that it can reorient the spacecraft to provide better service to subscribers in Puerto Rico. Narrative 10

43a. Geographic Service Rule Certification C A By selecting A, the undersigned certifies that the applicant is not subject to the geographic service or geographic coverage requirements specified in 47 C.F.R. Part 25. «y B By selecting B, the undersigned certifies that the applicant is subject to the geographic service or geographic coverage requirements specified in 47 C.F.R. Part 25 and will comply with such requirements. @ C By selecting C, the undersigned certifies that the applicant is subject to the geographic service or geographic coverage requirements specified in 47 C.E.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 waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this application. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit in 47 CFR Part 20. All statements made in exhibits are a material part hereof and are incorporated herein as if set out in full 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 knowledge and belief, and are made in good faith. 11

44. Applicant is a (an): (Choose the button next to applicable response.) C Individual g3 Unincorporated Association C Partnership C Corporation (a Governmental Entity #&, Other (please specify) 45. Name of Person Signing 46. Title of Person Signing Romulo Pontual Executive Vice President ~ ——> WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT {(U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). 12

ECC 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 PRA@fce.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: 2014-02-25 14:31:59
Document Modified: 2014-02-25 14:31:59
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC