Attachment DIRECTV - Grant Feb

DIRECTV - Grant Feb

DECISION submitted by IB,FCC

Grant

2016-02-11

This document pretains to SAT-MOD-20150428-00031 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2015042800031_1126641

                                                                                File# SBT              MOD—                 £       t*     t*see also
                                        182015000825
$2861        SAT—MOD—20150428—00031                                                                                                         Smi—PMD—2015081F—om6#s
DIRECTV Enterprises, LLC
                                                                                CaltSign §28(G1__         GrantDate O2/11 /6
DIRECTV RB—79W
                                                                                (or otheridentifier)
                                                                                                          Term Dates                    Approved by OMB
                                                                                From_O2/1 /16                      T: _o6hks/zo               3060—0678
                       moPD                                                      Annemved:
                                                                                Approved:
    Date & Time Filed: Apr 28 2015 5:21:53:076PM
    File Number: SAT—EO*—20150428—00031                 «with condifions                         5}:‘?                . Duall 3
    Calisign/Satellite ID: $2942                                                                 Chief ~Satelite Blicg Brnch
                           APPLICATION FOR SATELLITE SPACE STATION AUTHORIZATIONS                                        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:
    New RB—7IW Satellite
        1—8. Legal Name of Applicant
                Name:          DIRECTV Enterprises, LLC         Phone Number:                                 301—663—0053

                DBA Name:                                       Fax Number:                                   240—358—0569
                Street:        2230 E. Imperial Hwy             E—Mail:                                       jwengryniuk@directv.com
                               CA/LAI/N340

                City:          El Segundo                       State:                                        CA
                Country:       USA                              Zipcode:                                      90245         +
                Attention:     Mr Jack M Wengryniuk


                                     Attachment to Grant
             IBFS File Nos. SAT—MOD—20150428—00031, SAT—AMD—20150818—00058
                                                    Call Sign $2861

The application of DIRECTV Enterprises, LLC (DIRECTV), IBFS File Nos. SAT—MOD—
20150428—00031 and SAT—AMD—20150818—00058, to operate in the 17.3—17.8 GHz (space—to—
Earth) and 24.75—25.25 GHz (Earth—to—space) frequency bands at the 78.8° W.L. orbital location
IS GRANTED.! DIRECTV will provide direct—to—home satellite service, including high—
definition video, to Mexico. DIRECTV‘s request to operate in the 17.3—17.8 GHz (space—to—
Earth) and 24.75—25.25 GHz (Earth—to—space) frequency bands at an orbital location offset by 0.2
degrees from an Appendix F location with full power and full interference protection in
accordance with Section 25.262(b) IS GRANTED. DIRECTV‘s operations must be in
accordance with the terms, conditions, and technical specifications set forth in DIRECTYV‘s
application and the Federal Communications Commission‘s rules, and are subject to the
following conditions:                           '
        1.      DIRECTV must prepare the necessary information, as may be required for
submission to the International Telecommunication Union (ITU), to initiate and complete the
advance publication, international coordination, due diligence, and notification process for this
space station, in accordance with the ITU Radio Regulations. DIRECTV shall be responsible for
all cost—recovery fees associated with ITU filings. No protection from interference caused by
radio stations authorized by other administrations is guaranteed unless coordination and
notification procedures are timely completed or, with respect to individual administrations, by
successfully completing coordination agreements. Any radio station authorization for which
coordination has not been completed may be subject to additional terms and conditions as
required to effect coordination of the frequency assignments with other administrations. See 47
C.FR. § 25.111(b).

        2.      In connection with the provision of service in any particular country, DIRECTV
is obliged to comply with the applicable laws, regulations, rules, and licensing procedures of that
country.

        3.     DIRECTV must operate at the 78.8° W.L. orbital location in compliance with all
existing and future coordination agreements.

* This application was placed on public notice as acceptable for filing. Policy Branch Information Satellite Space
Applications Acceptedfor Filing, Public Notice, Report No. SAT—01106 (Sept. 18, 2015). No comments were filed.
DIRECTV was previously authorized to construct and launch the DIRECTV KU—79W space station ($2861) with
the capability of operating in the 17.3—17.8 GHz (space—to—Earth) and the 24.75—25.25 GHz (Earth—to—space)
frequency bands. See IBFS File No. SAT—LOA—20120316—00051, SAT—AMD—20120420—00071, and SAT—MOD—
20130718—00096. Although DIRECTV originally filed the present application as a request for launch and
operational authority for a separate space station, the application was subsequently changed to a request to modify
the license for DIRECTV KU—79W. The IBFS file number was accordingly changed from SAT—LOA—20150428—
00031 to SAT—MOD—20150428—0003 1. DIRECTV KU—79W is currently in orbit at 78.8° WL and commenced
operations in the Ku—band on June 23, 2015. Letter from William M. Wiltshire, Counsel for DIRECTV Enterprises,
LLC, to Marlene H. Dortch, FCC Secretary (July 17, 2015)(on file in IBFS File No. SAT—LOA—20120316—00051).


                                     Attachment to Grant
             IBFS File Nos. SAT—MOD—20150428—00031, SAT—AMD—20150818—00058
                                              Call Sign $2861

        H,       DIRECTV‘s request for a waiver of Section 25.264 of the Commission‘s rules, 47
C.F.R. § 25.264, IS GRANTED. Section 25.264 requires each 17/24 GHz Broadcasting Satellite
Service (BSS) space station licensee to provide predicted and measured antenna off—axis gain
information and associated power flux density calculations to show that the proposed operations
of the space station will not exceed the applicable coordination trigger at the orbital location of
any prior—filed U.S. Direct Broadcast Satellite (DBS) space station. Sections 25.264(a)—(b) are
designed to mitigate the potential for space path interference to DBS operations, and sections
25.264(c)—(d) require that the satellite licensee provide to the Commission nine months or earlier
prior to launch certain information relevant to Sections 25.264(a)—(b). In the present case,
DIRECTV filed this request for launch and operation authority slightly less than one month prior
to the launch of DIRECTV KU—79W; thus, it could not comply with the nine month due date
specified in Sections 25.264(c)—(d). We note, however, that in lieu of providing measured
antenna off—axis data and associated pfd calculations as required by Sections 25.264(c)—(d),
DIRECTV instead provided performance data that was derived by using the actual measured
performance of the transmit feed, the known characteristics of the transmit antenna, and the
known characteristics of the east side spacecraft panel, as inputs to a detailed scattering model."
Accordingly, the grant of waiver of Section 25.264(c)—(d) of the Commission‘s rules is based
upon the following factors:

        a.       Upon review of DIRECTV‘s analysis, as supplemented, and noting the close
agreement between the predicted and analytic data, we believe that this approach likely provides
a sufficiently accurate representation of the off—axis antenna performance over the measurement
ranges described in Sections 25.264(c)—(d). However, in the event that a U.S.—licensed DBS
operator located at an orbital position more than 0.2 degrees from 78.8° W.L. experiences
unacceptable interference from DIRECTV‘s transmissions, DIRECTV will be required to
coordinate with that operator to resolve the interference complaint. DIRECTV may also be
required to take additional steps to confirm the accuracy of its technical analysis;

     b.    This waiver is limited to operation at the 78.8° W.L. orbital location. If
DIRECTV moves from this location, it must request a new waiver of Sections 25.264(c)—(d).

       5     The license term for operations in the 17.3—17.8 GHz (space—to—Earth) and 24.75—
25.25 GHz (Earth—to—space) frequency bands is the same as the license term for the DIRECTV
KU 79W space station, Call Sign 2861, and expires on June 23, 2030.

       6«      DIRECTV is afforded 30 days from the date of release of this grant and
authorization to decline this authorization as conditioned. Failure to respond within this period
will constitute formal acceptance of the authorization as conditioned.

* DIRECTV supplemented the record with an analysis of off—axis performance on February 5, 2016. Letter from
Jennifer D. Hindin, Counsel for DIRECTV Enterprises, LLC, to Marlene H. Dortch, FCC Secretary (Feb. 5, 2016).


                                   Attachment to Grant
           IBFS File Nos. SAT—MOD—20150428—00031, SAT—AMD—20150818—00058
                                     Call Sign $2861

      7.       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 from the date ofthe
public notice indicating that this action was taken.




                                                   SBt— Mop—201504a5— 0003 1
                                            tile 4 _SBT—PMD— J01508§1$—00056

                                            Call Sign 82¢«\_ Grant Date oa /\ fit
                                            (or other identifict)
                                                                    Term Dates

                                            rrom_OAMV/tb                  1. 0123/30
                                                                                 k
                  |   International Bureart_| Approved:
                  +with conditions                              Stedoeh J. Dus!
                                                                Chief, Satellite Policy Branch


  9—16. Name of Contact Representative
            Name:            William M. Wiltshire                  Phone Number:                       202—730—1300
            Company:         Harris, Wiltshire & Grannis LLP       Fax Number:                         202—730—1301
            Street:          1919 M Street NW                      E—Mail:                             wwiltshire@hwglaw.com
                             Suite 800
            City:            Washington                            State:                               DC
            Country:         USA                                   Zipcode:                            20036      —
            Attention:       William M. Wiltshitre                 Relationship:                       Legal Counsel


CLASSIFICATION OF FILING
17. Choose the buttonnext to the                 b.
classification that applies to thisfiling for   & 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.
                                                (N/A) b3. Amendment to a Pending Application
                                                (N/A) b4. Modification of License or Registration
  a.
                                                {N/A) b5. Assignment of License or Registration
{N/A) al . Earth Station
                                                {N/A) b6. Transfer of Control of License or Registration
     a2. Space Station                          {N/A) b7. Notification of Minor Modification
                                                {N/A) b8. Application for License of New Receive—Oaly Station Using Non—U.S. Licensed Satellite

                                                £34 b9. Letter of Intent to Use Non—U.S. Licensed Satellite to Provide Service in the United States
                                                «3y b10. Replacement Satellite Application — no new frequency bands
                                                (ed b11. Replacement Satellite Application — new frequency bands (Not eligible for streamlined
                                                processing)
                                                £13 b12. Petition for Declaratory Ruling to be Added to the Permitted List
                                                {(N/A) b13. Other (Please specify)


 17¢. 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).
  {3 Governmental Entity g*% Noncommercial educational licensee
{3 Other(please explain):

17c¢c. Fee Classification   BNY — Space Station (Geostationary)


18. If this filing is in reference to an existing station, enter:
(a) Call sign of station:
    Not Applicable




19. If this filing is an amendment to a pending application enter:
(a) Date pending application was filed:                                     (b) File number of pending application:

Not Applicable                                                              Not Applicable


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
E e. Direct to Home Fixed Satellite
D £. Digital Audio Radio Service
D g. Other (please specify)


21. STATUS: Choose thebutton next to the applicable status. Choose       22. If earth station applicant, check all that apply.
only one.                                                                Not Applicable
  {3 Common Carrier & Non—Common Carrier

23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one.Are these
facilities:
      eJ Connected to a Public Switched Network      (as 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).
EI a. C—Band (4/6 GHz) D b. Ku—Band (12/14 GHz)
  E c.Other (Please specify upper and lower frequencies in MHz.)
          Frequency Lower: 17300              Frequency Upper: 25250            (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.

 (N/A) a. Fixed Earth Station
 {(N/A) b. Temporary—Fixed Earth Station
 (N/A) c. 12/14 GHz VSAT Network
 (N/A) d. Mobile Earth Station
 @, e. Geostationary Space Station.
 C £f. Non—Geostationary Space Station
 {3 g. Other (please specify)




26. TYPE OF EARTH STATION                FACILITY: Not Applicable
PURPOSE OF MODIFICATION


 27. The purpose of this proposed modification is to: (Place an "X" in the box(es) next to all that   Not Applicable
 apply.)

 ENVIRONMENTAL POLICY


 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental     ; Yes @ 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.ER. §§ 1.1308 and 1.1311, as an exthibit 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?                                «3 Yes @No




30. Is the applicant an alien or the representative of an alien?                                                          3 Yes No @N/A




31. Is the applicant a corporation organized under the laws of any foreign government?                                    y Yes pNo @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       y Yes 3 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          3 Yes & 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 C3 No
 IfYes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents.
                                                                                                                         Waiver Request




36. Has the applicant or any party to this application or amendment had any FCC station authorization or license         ‘:3' 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    O 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,        C3 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 exhibit, an explanation of circurnstances




39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending   {3 Yes @.No
matter referred to in the preceding two items? Ifyes, 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
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 g3 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,     ; Yes @ No
answer 42b and attach anexhibit providing the information specified in 47 C.E.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 hereby requests authority to launch and operate a satellite to be
     known as DIRECTV RB—79W in the 17/24 GHz Broadcasting Satellite Service at the nominal 79
     W.L.     orbital location.


  Narrative



43a. Geographic Service Rule Certification                                                                                   @ A
By selecting A, the undersigned certifies that the applicant is not subject to the geographic service or geographic
coverage requirements specifiedin 47 C.F.R. Part 25.


By selecting B, 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 comply with suchrequirements.
                                                                                                                             «y C
By selecting C, 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 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 claimare 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 ofthe 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 aggregationlimit
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.


44.   Applicant is a (an): (Choose the button next to applicable response.)


 {y Individual
 g34 Unincorporated Association
 C Partnership
 «43 Corporation
 y Governmental Entity
 & Other (please specify)      Limited Liability Company



45. Name of Person Signing                                               46. Title of Person Signing
Romulo Pontual                                                           Executive Vice President Chief Technology Officer
47. Please supply any need attachments.
 1:                                              2:                                              3:



           WILLEUL FALSE STATEMENTS MADE ONTHIS 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).




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Document Created: 2016-02-17 14:29:58
Document Modified: 2016-02-17 14:29:58

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