Attachment DIRECTV - Grant Sept

DIRECTV - Grant Sept

DECISION submitted by IB,FCC

Grant

2015-09-02

This document pretains to SAT-MOD-20150722-00052 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2015072200052_1102027

           SAT—MOD—20150722—00052       182015001357
                                                                          mes_Spt Nop2050722— occsa
$2712
DIRECTV Enterprises, LLC
re—2                                                                      CallSign S2Z1\Z Grant Date_O$/OR/!5)
                                                                          (or other identifier)
                                                                  7                                 Term Dates                Approved by OMB
                                                            T             From 08/64/15                     To: _O§[3/IS            3060—0678
                                                       CGRANTED
  Date & Time Filed: Jul 22 2015 1:33:33:803PM         ernational Bureau_| Approved:                                y
  File Number: SAT—MOD—20150722—00052                                                                     vJ. Doual) .        h
                                                                                                  Chi    ,Sa%“l"e 'Po!n@Bran:
        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:
   REQUEST FOR EXTENSION OF LAUNCH AND BEGIN OPERATION MILESTONE
   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/LAUN340
              City:        El Segundo                    State:                                     CA
              Country:      USA                          Zipcode:                                   90245
             Attention:    Mr Jack M Wengryniuk


9—16. Name of Contact Representative

            Name:          William M. Wiltshire                  Phone Number:                        202—730—1350
            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. 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
   y al. Earth Station
                                                 b5. Assignment of License or Registration
   @ a2. Space Station                           b6. Transfer of Control of License or Registration
                                                  «3 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) b11. 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
                                                  C b14. Modification of Database Entry


 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).
{ Governmental Entity         C Noncommercial educational licensee
3 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:
    S2712
                                                                                                 SATMOD2014062400075


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 ‘
[:] c. Radiodetermination Satellite
D d. Earth Exploration Satellite
D e. Direct to Home Fixed Satellite
D £. Digital Audio Radio Service
[gl g. Other (please specify)              17/24 GHz Broadcasting Satellite Service


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
«74 Common Carrier        g 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:
C Connected to a Public Switched Network    «y 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)
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.
 3 a Fixed Earth Station
 «3 b. Temporary—Fixed Earth Station
 3 c 12/14 GHz VSAT Network
 (e] d. Mobile Earth Station
 @ & Geostationary Space Station
 C £. Non—Geostationary Space Station
 «34 g. Other (please specify)


| 26. TYPE OF EARTH STATION FACILITY:
  C Transmit/Receive 3 Transmit—Only            C Receive—Only     @ 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
    D c —— authorization to increase EIRP and EIRP density
    E] 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
    E n —— authorization to extend milestones
    D o — Other (Please specify)


ENVIRONMENTAL POLICY


28. Would a Commission grant of any proposal in this application or amendment have a significant environmental         «3 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.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, acronautical 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?                             {y Yes @ No




30. Is the applicant an alien or the representative of an alien?                                                        Yes 4 No @ N/A




31. Is the applicant a corporation organized under the laws of any foreign government?                                 ; Yes {3, 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          ; Yes C 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   £ No
IfYes, 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            (eRCG   @, 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    «3 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,        {4 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   «y 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
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 beneffits 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 requests that the Commission grant a further extension of the
     launch and operate milestone for the DIRECTV RB—2 space station,                                   through August 31,            2015.



RB—2 Extension Req




10


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 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
                                                                                                                              @ B
coverage requirements specified in 47 C.F.R. Part 25 and will comply with such requirements.
                                                                                                                              y C
By selectingC, the undersigned certifies that the applicant is subject to the geographic service or geographic
coverage requirements specified in 47 C.FR. 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.)

 C3 Individual
 «4 Unincorporated Association
 C Partnership
 C Corporation
 C» Governmental Entity
 @ Other (please specify)




     45. Name of Person Signing                                             46. Title of Person Signing
     Romulo Pontual                                                         Executive Vice President Chief Technology Officer
       ——>


             WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT
                      (TU.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.$. Code, Title 47, Section 503).




12


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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


      REQUEST FOR EXTENSION OF LaUNCH AND BEGIN OPERATION MILESTONE
                                     Call Sign $2712

         On May 14, 2015, the Commission granted DIRECTV Enterprises, LLC‘s
("DIRECTV") request for extension of the "launch and begin operations" milestone for
its DIRECTV RB—2 space station, through July 31, 2015.! DIRECTV has satisfied the
first part of that milestone, as the satellite was successfully launched on May 27, 2015.
Thereafter, the satellite successfully completed in—orbit testing, and has now begun the
migration to its assigned orbital location at 102.75° W.L. However, at a drift rate of
approximately one degree per day, DIRECTV estimates that the migration process will
not be completed until August 26. Accordingly, DIRECTV requests that the milestone
be further extended through August 31, 2015.

        DIRECTV has proceeded diligently to construct and launch the RB—2 satellite and
has clearly demonstrated its commitment to making productive use of the 17/24 GHz
BSS payload as soon as possible. Indeed, when RB—2 was on the verge of launch, the
Commission previously found that "there is sufficient evidence to demonstrate that
DIRECTV is proceeding with construction and launch of the RB—2 payload and that good
cause exists to partially waive the ‘launch and begin operations‘ milestone." That
conclusion should only be stronger now that the payload has actually been launched and
fully tested. DIRECTV simply needs a brief period of further extension in order to
complete the process of migrating the satellite to its assigned location so that it can
satisfy the final "begin operations" aspect of the milestone.

       The requested extension will serve the public interest by promoting the
expeditious use of the undeveloped 17/24 GHz BSS spectrum band and enabling
DIRECTV to provide Ultra HD programming and other video services to millions of
subscribers across the nation. Accordingly, DIRECTV respectfully requests that the
Commission grant the requested extension as expeditiously as possible.




    See DIRECTY Enterprises, LLC, 30 FCC Red. 4796 (Int‘l Bur. 2015).

2   Id.,46.



Document Created: 2015-09-02 16:11:43
Document Modified: 2015-09-02 16:11:43

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