Attachment DIRECTV - Grant Augu

DIRECTV - Grant Augu

DECISION submitted by IB, FCC

Grant

2019-08-13

This document pretains to SAT-MOD-20190703-00054 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2019070300054_1849612

File #_SAT—MOD—20190703— 00054 $2669 SAT—MOD—20190703—00054 182019002607 DIRECTV Enterprises, LLC T9S Call Sign S2G6G@9 Grant Date O@Z 13 /19 (or other identifier) Term Dates Approved by OMB 3060—0678 From O§/13 /1 To: 12 /17{2‘ GRI;NTED*‘ Date & Time Filed: Jul 3 2019 3:28:51:633PM International Bureau Approved: File Number: SAT—MOD—20190703—00054 FRuith cordifi I. rall * mom Chief, Satellile Blicg Bandh 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: Modification Application to Change T9S Orbital Location (Call Sign $2669) 1—8. Legal Name of Applicant Name: DIRECTV Enterprises, LLC Phone Number: 310—964—4996 DBA Fax Number: Name: Street: 1120 20th Street, NW E—Mail: spdulac@att.com Suite 1000 City: Washington State: DC Country: USA Zipcode: 20036 — Attention: Steve Dulac

ATTACHMENT TO GRANT DIRECTV Enterprises, LLC IBFS File No. SAT-MOD-20 190703-00054 IBFS File No(s): SAT-MOD-20190703-00054 GRANTED — Licensee/Grantee: DIRECTV Enterprises, LLC (DIRECTV) With Conditions Call Sign: S2669 Satellite Name: T9S (formerly DIRECTV 9S) Orbital Location: 101.2° W.L. (required station- (± 0.05 degrees) keeping tolerance) Administration: United States of America Nature of Service: Fixed-Satellite Service (FSS), Direct Broadcast Satellite International Bureau (DBS) Satellite Division Scope of Grant: Authority to specify operations at the 101.2° W.L. orbital location instead of the previously authorized orbital location of 10 1.1° W.L. and to provide FSS and DBS service at 101.2° W.L. Previous Grants: Modification of the authorization for the DIRECTV 9S space station at 101.1° W.L. to: (1) consolidate the call signs for the Direct Broadcast Satellite (DBS) payload and the Ka-band payload, (S2669 and S2689, respectively) so that the spacecraft has one call sign covering both payloads (S2669); and (2) extend the license term for the DBS payload until December 17, 2021, so that the two payloads on the DIRECTV 9S space station will have the same expiration date, December 17, 2021. See IBFS File No. SAT-MOD-20161219- 00128 (granted Mar. 23, 2017) IBFS File Nos. SAT-RPL-20050322-00070 (DBS) and SAT-LOA-2005 1123-00250 (Ka band) (both granted by Order on July 21, 2006); SAT-MOD-20060908-00 101 and SAT AMD-20060918-00102 (granted Nov. 16, 2006). Service Area(s): CONUS, Alaska, Hawaii, Puerto Rico. See Schedule S Tech Report (Item S6(d)) and GXT files in IBFS File Nos. SAT-MOD-20060908-00101 and SAT-LOA-20051 123-00250. Frequencies: 12.2-12.7 GHz (space-to-Earth) 17.3-17.8 GHz (Earth-to-space) FSS 18.3-18.8 GHz (space-to-Earth) 19.7-20.2 GHz (space-to-Earth) 28.35-28.6 GHz (Earth-to-space) 29.25-29.5 GHz (Earth-to-space) 29.5-30 GHz (Earth-to-space) Telemetry, Tracking & Command 12.6955 GHz (space-to-Earth) 17.7950 GHz (Earth-to-space) Unless otherwise specified herein, operations under this grant must comport with the legal and technical specifications set forth by the applicant or petitioner and with Federal Communication Commission’s rules not waived herein. This grant is also subject to the following conditions: 1. DLRECTV must continue to operate the DIRECTV 9S space station at the 101.1° W.L. orbital location subject to the conditions in prior grants.’ ‘IBFS File Nos. SAT-MOD-20060908-OOlOl (granted Nov. 16, 2006) and SAT—RPL—20050322—00070 and SAT-LOA 20051123-00250 (granted July 21, 2006). Page 1 of 2

ATTACHMENT TO GRANT DIRECTV Enterprises, LLC IBFS File No. SAT-MOD-20190703-00054 2. DIRECTV must maintain the DIRECTV 9S space station at the 101.2° W.L. orbital location with an east/west longitudinal station-keeping tolerance of ± 0.05 degrees. 3. Within 30 days of completion of the end-of-life maneuvers, DIRECTV must send a letter to the Chief, Satellite Division, International Bureau, indicating the apogee and perigee of the DIRECTV 9S disposal orbit. 4. DIRECTV must file with the Commission the information required by section 25.172 of the Commission’s rules, 47 CFR § 25.172. 5. Nothing in this grant changes the license term for the T9S space station (Call Sign S2669), which expires on December 17, 2021 (see IBFS File No. SAT-MOD-20161219-00128). Licensee/grantee is afforded thirty (30) days from the date of release of this action to decline the grant as conditioned. Failure to respond within this period will constitute formal acceptance of the grant as conditioned. This action is taken pursuant to Section 0.261 of the Commission’s rules on delegated authority, 47 C.F.R. § 0.261, and is effective upon release. Station licenses are subject to the conditions specified in Section 309(h) of the Communications Act of 1934, as amended, 47 U.S.C. § 309(h). Action August 13, 2019 Date: Term Dates From: August 13, 2019 To: December 17, 2021 Approved: Stephen Jf1~t{all Chief, Satèflite Policy Branch Page 2 of 2

9—16. Name of Contact Representative Name: Jennifer D. Hindin Phone Number: 202—719—4975 Company: Wiley Rein LLP Fax Number: 202—719—7049 Street: 1776 K Street, NW E—Mail: jhindin~wileyrein.com City: Washington State: DC Country: USA Zipcode: 20006— Attention: Relationship: Legal Counsel CLASSIFICATION OF FILING 17. Choose the button next to the classification that applies to this filing for (N/A) bi. 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 I 7a and only one for I 7b. 0 b3. Amendment to a Pending Application b4. Modification of License or Registration 0 al. Earth Station b5. Assignment of License or Registration . a2. Space Station b6. Transfer of Control of License or Registration 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) blO. Other (Please specify) (N/A) bI I. 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) b 12. Application for Database Entry o b13. Amendment to a Pending Database Entiy Application o b14. Modification of Database Entiy 2

1 7c. Is a fee submitted with this application? • If Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). Q Governmental Entity 0 Noncommercial educational licensee o Other(please explain): I 7d. 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: S2669 SATMOD2OI6 12 1900128

TYPE OF S~RVICE 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: a. Fixed Satellite Q b. Mobile Satellite c. Radiodetermination Satellite d. Earth Exploration Satellite e. Direct to Home Fixed Satellite f. Digital Audio Radio Service g. Other (please specify) Direct Broadcast Satellite 21. STATUS: Choose the bLitton next to the applicable status. Choose 22. If earth station applicant, check all that apply. only one. ~J Using U.S. licensed satellites 0 Common Carrier Non—Common Carrier 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: Connected to a Public Switched Network 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). EJ a. C—Band (4/6 GHz) EJ b. Ku—Band (12/14 GHz) c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: 12200 Frequency Upper: 30000 (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. 0 a. Fixed Earth Station o b. Temporary—Fixed Earth Station o c. 12/14 GHz VSAT Network o d. Mobile Earth Station • e. Geostationary Space Station 0 ~• Non—Geostationary Space Station o g. Other (please specify) 26. TYPE OF EARTH STATION FACILITY: o Transmit/Receive ~ Transmit—Only ~ 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.) a —— authorization to add new emission designator and related service b — authorization to change emission designator and related service c —— authorization to increase EIRP and EIRP density EJ d authorization to replace antenna — Q e authorization to add antenna —— Q f—— authorization to relocate fixed station Q g authorization to change frequency(ies) — Q h authorization to add frequency — EJ j authorization to add Points of Communication (satellites &arnp; countries) —— ~ j authorization to change Points of Communication (satellites & countries) —— k —authorization for facilities for which environmental assessment and radiation hazard reporting is required authorization to change orbit location —— Qm —— authorization to perform fleet management n —— authorization to extend milestones o —— Other (Please specify)

ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental o Yes No impact as defined by 47 CFR 1 .1307? IfYES, submit the statement as required by Sections 1.1308 and 1 .131 1 of the Cornrnission~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? 0 Yes No 30. Is the applicant an alien or the representative of an alien? o Yes No N/A 31. Is the applicant a colporation organized under the laws of any foreign government? o 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 0 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 countly? 34. If any answer to questions 29, 30, 3~, 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? o 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 o 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.

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? If Yes, 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 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?lf Yes, attach as an exhibit, an explanation of circumstances 39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending o 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 Question 40 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 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&quot: for these purposes. 42a. Does the applicant intend to use a non—U.S. licensed satellite to provide service in the United States? If Yes, o 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 to modify its authorization for T9S (Call Sign S2669) to change the authorized orbital location from 101.1 W.L. to 101.2 W.L. Narrative

43a. Geographic Service Rule Certification 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 coverage requirements specified in 47 C.F.R. Part 25 and will comply with such requirements. oc 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 claim are attached. CERTI Fl CATION 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.

44. Applicant is a (an): (Choose the button next to applicable response.) o Individual 0 Unincorporated Association o Partnership ~ Corporation o Governmental Entity • Other (please specify) 45. Name of Person Signing 46. Title of Person Signing Steve Dulac Director, Content Technology & Regulatory Policy ——> 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 31 2(a)(l)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).

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 PRA~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 0MB control number or if we fail to provide you with this notice. This collection has been assigned an 0MB 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.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 ) In the Matter of ) ) DIRECTV ENTERPRISES, LLC ) File No. SAT-MOD_____________ ) Application to Modify Authorization for T9S ) (S2669) ) _____________________________________________________________________________ ) APPLICATION OF DIRECTV ENTERPRISES, LLC TO MODIFY AUTHORIZATION FOR T9S (S2669) DIRECTV Enterprises, LLC (“DIRECTV”), pursuant to Section 25.117 of the rules of the Federal Communications Commission (“FCC” or ~‘Comrnission”),’ hereby requests to modify its authorization for T9S (call sign S2669).2 Specifically, DIRECTV seeks authority to change the authorized orbital location of T9S from 101.10 W.L. to 101.2° W.L. In accordance with the Commission’s rules,3 this application is being filed electronically as an attachment to FCC Form 312. Because the satellite will be relocated just 0.100 from its currently authorized orbital location, the technical information on file with the Commission for T9S (including the technical information submitted on Schedule 5) remains unchanged and is incorporated by reference.4 To the extent necessary, DIRECTV requests that any previously granted technical waivers continue to apply to the operation of T9S at 10 1.2° W.L. 47 C.F.R. § 25.117. 2 Policy Branch Information; Actions Taken, Public Notice, Report No. SAT-0 1226, File No. SAT-MOD-20 161219-00128 (Mar. 24, 2017). ~ See 47 C.F.R. § 25.117(c). ~ See IBFS File Nos. SAT-MOD-201612l9-00128, SAT-MOD-20060908-OOlOl, SAT-AMD 2006091 8-00102, SAT-LOA-2005 1123-00250, SAT-RPL-20050322-00070.

1. PROPOSED MODIFICATION AND PUBLIC iNTEREST SHOWING T9S is a hybrid satellite authorized to operate in the Ku-DBS (12.2-12.7 Gl-lz (space-to Earth) and 17.3-17.8 G1-Iz (Earth-to-space)) and Ka-Band (18.3-18.8/19.7-20.2 GHz (space-to Earth) and 28.35-28.6/29.25-29.5/29.5-30.0 GHz (Earth-to-space)) frequency bands. T9S is permanently authorized to operate at 101.10 W.L.3 DIRECTV’s T4S satellite (Call Sign S2430) is permanently authorized to operate at 101.2° W.L.6 T4S is approaching the end of its operational life, and DIRECTV plans to deorbit the satellite later this year. In connection with the deorbiting of T4S, DIRECTV plans to relocate T9S to 10 1.2° W.L. and to transfer all traffic from T4S to T9S. DIRECTV is simultaneously filing an application for special temporary authority to drift T9S from 101.1° W.L. to 101.2° W.L. and to operate the satellite at 101.2° W.L.7 By this modification application, DIRECTV seeks to permanently change the authorized orbital location of T9S from 101.1° W.L. to 101.2° W.L. Grant of this relocation request will not result in increased risk of harmful interference. DIRECTV will operate T9S at 101.2° W.L. using the same Ku-DBS and Ka-Band frequencies already licensed to T9S at the nominal 1010 W.L. orbital location.8 DIRECTV will operate T9S ~ See Policy Branch Information; Actions Taken, Public Notice, Report No. SAT-0 1226, File No. SAT-MOD-20 161219-00128 (Mar. 24, 2017). 6 See Policy Branch Information; Actions Taken, Public Notice, Report No. SAT-00838, File No. SAT-MOD-20l 11102-00211 (Jan. 20, 2012). ~ Once relocated, T9S will initially be collocated with T4S for approximately six weeks while traffic is transferred from T4S to T9S, and T4S will then be deorbited. 8 Because DIRECTV will provide DBS service using 12/17 GHz frequency bands already assigned to DIRECTV for use at the nominal 101° W.L. orbital location, this application for special temporary authority does not implicate the Commission’s freeze on new DBS applications. See Direct Broadcast Satellite (DBS) Service Auction Null~fled: Commission Sets Forth Refund Procedures for Auction No. 52 Winning Bidders and Adopts a Freeze on All New DBSServiceApplications, Public Notice, 20 FCC Rcd 20618 (2005) (clarifying that “[t]he freeze does not apply to applications for replacement satellites, modifications to existing satellite 2

at 101.2° W.L. iii conformance with FCC rules and DIRECTV’s coordination agreements concerning the nominal 1010 W.L. orbital location. DIRECTV will operate T9S at 101.2° W.L. in accordance with all previously imposed FCC conditions. Grant of this application will serve the public interest because it will facilitate the transfer of traffic from T4S to T9S in connection with the decommissioning of DIRECTV’s T4S satellite, thereby ensuring continuing service coverage to DIRECTV customers. II. MILESTONES AND BOND DIRECTV requests grant of this application without milestones or a bond because the Commission’s milestone and bond requirements do not apply to satellites that are already in- orbit and operating.9 III. ITU COST RECOVERY DIRECTV is aware that processing fees are currently charged by the International Telecommunication Union (“ITU”) for satellite filings and that Commission applicants are responsible for any and all fees charged by the ITU.’° DIRECTV is aware of and unconditionally accepts this requirement and responsibility to pay any ITU cost recovery fees licenses, or requests for special temporary authority, unless such applications seek authority to operate on frequencies and/or orbital locations not previously authorizedfor operation by that licensee”) (emphasis added). ~ See, e.g., Inielsat License LLC, Modification Application to Redeploy and Operate Inielsat 16 at 58.1° W.L., File No. SAT-MOD-20160201-00009, Condition No. 12 (stamp grant May 18, 2016) (“Because Intelsat 16 is already in-orbit and operating, grant of authority to operate Intelsat 16 at 58.10 W.L. is not subject to milestone conditions and Intelsat is not required to post a bond. As such, waiver of Sections 25.164(a) and 25.165 of the Commission’s rules is not necessary.”). ~ See implementation of1TU Cost Recovery Charges for Satellite Network Filings, Public Notice, 16 FCC Rcd 1 8732 (2001).

associated with the ITU filings that the Commission makes on behalf of DIRECTV for the satellite relocation proposed in this application. IV. CONCLUSION For the reasons set forth above, DIRECTV respectfully requests that the Commission grant this modification application. Respectfully submitted, DIRECTV ENTERPRISES, LLC By:/v/ Steve Dulac Steve Dulac Director, Content Technology & Regulatory Policy Of Counsel: Jennifer D. Hindin Daniel P. Brooks WILEY REIN LLP 1776 K Street, NW Washington, DC 20006 Tel: (202) 719-7000 Fax: (202) 719-7049 jhindin@wileyrein.com dbrooks~wileyrein.com July 3, 2019


Document Created: 2019-08-15 13:23:38
Document Modified: 2019-08-15 13:23:38
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