Attachment GRANT

GRANT

DECISION submitted by FCC,IB

GRANT

2004-11-04

This document pretains to SAT-RPL-20040630-00127 for Replacement Application on a Satellite Space Stations filing.

IBFS_SATRPL2004063000127_404236

m« SBT—RFL — 200¥ 0420 ~co127 with atadep Condt ieas ce Sz‘,flw,u.mcflfl_‘l’_lfiov T ns o ooace Approved by OMB o tron $€€ Cnbiktms To 66e GnBklexs .°* D‘ml:&T!mc Filed: Jun 30 2004 9.53:55—993PM //“r CA; [ S‘(M/Q ciiogrtaciiei.giege0009C Blet 60)the, Cz imeviy Eraak: APPLICATION FOR SATELLITE SPACE STATION AUTHORIZATIONS ECC Use Only Ece 312 MATN FoRM FOR OFFICIAL USE ONILY APPLICANT INFORVATION Enter a description ofthis application to identify it on the main menu: DTV=8 DBS at 101 WL 1—8. Legal Name ofApplicant Name: DIRECTV Enterprises, LC Phone Number 310—726—4003 DBA Name: Fax Number aro—sas—s323 Stree 2230 E. ImperialHuy E—Mai: dapatillo@directcom Ci: El Segundo Sute: ca County: USA Zipcode oorss — Aftention: DavidA. Patillo

Attachment Conditions of Authorization November 4, 2004 1. DIRECTV Enterprises, LLC‘s (‘DIRECTV®)application, File No. SAT—RPL— 20040630—00127,Call Sign $2632, IS GRANTED." DIRECTV is uthorized to construct, Iaunch and operate its DIRECTV 8 direct broadcastsatete (DBS") (USABSS—19) space sation, transmiting and receiving on the 16 odd—numbered channels between 1 and 31 inclusive in the 122—12.7 GHz (space—to—Earth) and 173—17.8 GHz (Earth—to—space) frequencybands atthe 100.85° W.L. orbit location, with +0.05° longitudinal sationkeeping, in accordance with the terms, representations, and technical specifications set fort in is application, this Attachment, and the Federal Communications Commission‘s (*Commission®) Rules. 2.. Pursuant to Section 1.3 ofthe Commission‘s rules, 47 C.FR. § 1.3, DIRECTV 1S GRANTED a waiver of Section 25.202(@)of the Commission‘s riles, 47 C.F.R. § 25,202(8), t use the 1400214004 MHz and 14496—14498 MHz bands fotelecommand operations during transfer orbitfor no longer than a 15—dayperiod from the time that DIRECTV 8 is launched until itis established a geostationary satelte orbit. Grant othis waiver is consistent with previous Commission actions. 3. _ DIRECTV shall eoordinate the frequency and power usage withall existing satelites in orbit, which use frequencies in the 14002—14004 MHe and 14496—14408 MHtz bands, and which could be adversely affected by the TT&C operations of this space sation 4.. DIRECTV shall perform no commercial operations ofthe DIRECTV 8 DBS space station until DIRECTV 8 is established in a geosttionarysatelite orbit att100.85° W.L. I location. 5. DIRECTV shall coordinate all transferorbit Telemety, Tracking. and Control operations with other potentially affected in—orbit DBS or Fixed— Satelte Service operators. .. DIRECTV shall provide the Commission withall nformation it requires n order to modify the Appendix 30 Broadcasting—Satelfite Service Plans and associated Appendix 30A feeder—link Plans tincorporate the characterstcsof USABSS—19,in accordance with the ITU Radio Regulations, DIRECTV shall be held responsible for all ost recovery fees associated with these ITU filings. We also note that no protection from interference caused by adio staions authorized by other adminisrations is suaranteed unless coordination and notifietion procedures ar timely completed or,with respecttoindividual administrations,by successfully completing coordination agreements. Any radio station authorization for which coordination has not been completed and/or for which the necessary agreements under Appendices 30 and 30A have not been obtained may be subject to additionalterms and conditions as required t effect coordinat or obtain the agreement ofother Administrations. See 47 C.FR. § 25.1 11(0). DIRECTV & willbea hybrid satellte, combining DBS and Ka—band pasloads. See DIRECTVEerpritesLLC, Appliatin o Launch and Opertethe DIRECTV & stllte, ile No. SAT— MOD—20030630—00128, Cal Sign $2132, raned November 4, 2004 * See n the Mater ofDIRECTV Enterprises, LLC Application for Authorit o Lanch and Operate DIRECTV 78 (USABSS—18, Order and Authoriation, 19 ECC Red 7734 (2004)

7.. The license term for the DIRECTV 8 DBS space station, Call Sign $2632, is ten years and will begin to run on the date that DIRECTV certfies to the Commission that the space station has been successfully placed ito orbit and it operation fully conforms to the terms and conditions othis authorization. 8.. This authorization does not in any way consttute an approval of DIRECTV‘s post mission disposal plns for he DIRECTV 8 DBS space station. 9. DIRECTV must provide a writen statement to the Commission within 60 days ofthe date ofthis authorization thatidentifesany known satelites located at,or planned to be located at, DIRECTV‘s asigned orbital location for DIRECTV 8, o assigned i the vicnity othat location such thatthe station—keeping volume ofthe respective sateltes might overlap, and that statesthe measuresthat willbe taken to prevent in—orbit collsions with such satelites. This statement should address any lcensed Commission systems, or any systems applied for and under consideration by the Commission. The statement need not address everyfling with the TT that meetsthese citera, but should assess and address any systems reflected in TU filings that are in operation or that DIRECTV believes may be progressing toward launch, .g. by the appearance of thsystem on a launch vehicle manifes. If DIRECTV electsto rely on coordination with other operatorsto prevent in—orbit collsions, it shall provide a statement as o the manner in which such coortination will be effected. 10. DIRECTV is afforded thity days from the date of release of this grant and authorization to declinethis authorization as conditioned. Railure torespond within this period will consttute formal acceptance of the authorizationas conditioned 11. This irant is issued pursuant to Section 0.261 ofthe Commission‘sruleson delegated authority, 47 C.F.R. § 0.261, and is effective upon release, Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 ofthe Commission‘s rules, 47 CFR. 1.106,1.115, may be filed within 30 days of the date ofthe public notice indicating that this action was taken.

9—16. Name of Contact Representative (1 other tan applicant Name: WillamM. Wilthire Phone Number anz—r30—1350 Company: Harris Wiltshire & Grannis, LLP FaxNumber: an>—730—1301 Steet: 1200 Eighteenth Street, NW E—Mai: City Washington Stte: ne County: USA Zipeode: 2une — Contact Tite Relationship: Legal Counsel CLASSINICATION OF FILING 17. Choose tbuttomnext to the b llassifcation that applies t hisitingfor © b1— Application for License ofNew Sution {ooth questions . and b. Choose only one (NA) b2. Application for Registation of New Domestic Receive—Only Station for 7 and only one fo 176. (NA) b3. Amendment toa Pending Application (NA) bé. Modificationof License or Registration a (N/A)bS. Assignment of License orRegisttion (NA)at. Eath Station (N/A) b6. Transfr ofControl of License or Registation @ 32. Space Station (N/A) b7. Notifation of Minor Modlification (NA) bS. Application forLicense of New Receive—Only Stiion Using Non—US. Licensed Satelite £ 5. Leter ofIntentto Use Non—U3. Licensed Satelt to Provide Service in the United States @ 510. Replacement Satellte Appliation— no new frequency bands ¢ b11. Replacement Satellite Appliation— new frequency bands (Not eliible fostreanitined processing) £ b12. Ptition for Declaratory Ruting t be Added t he Permited List (N/A) b13. Other (Please specify)

T7e.Is a fee submited with his appl ion? @ 1fYes, complete and attich FCC Form 159. If No,indieat reason forfe exermption (see 47 C.FR Section1. 1 14) & GovermmentalEntity gp Noncommercial educational lcensce @ Oher(please explain): Becausethis is a DBS applcation, the ‘BNYfe clasifiation is incorrect The applicant has used the ‘BNY® e clis ationas a placcholder becausethe electronic Form 312 does not yt providefor DBS fee classif tions 7c. Fee Classfcation BNY— Space Number of Sitellte: 0 Sution (Geostionary) 18. fthis filing iin reference to an existing station, nter: (3) Call sign oftation: Not Applicable 19. fthis fling i an amendiment to pending applicaton enter (®) Date pending application was Ailed: (b) File nurmberof pending application Not Applicable Not Applicable

TYPE OF SERVICE 20. NATURE OF SERVICE: This filingis foran authorization to provide or use the following type(s)ofservice(s> Selec allthat apply: [C] a Fined Satlite [ > MobileStelite [CJ] ©Radiodetermination Satelite [] 4 Bath Explortion Satelite [] & Directto Home Fixed Satefte [] £ Disial Audio Radio Service . Other (please specify) Direct Broadeast Satelte 21. STATUS: Choose thcbatton next to the applicablesiatus.Choose —(22. IF earh staton applicant,check all thaapply only one. Not Appliable o Common Carvier © Non—Common Carier 23. fapplicantis providng INTERNATIONAL COMMON CARRIER service seinstrutions egarding See, 214 flngs, Choose one.Are these Incllities @& Connected t a Public Switched Network gy Not conneeted o a Public Swtched Network @ NA 24. FREQUENCY BAND®):—Place an "X" n tbox(esnext t ll applicable requency band(s) [C] ®. C—Band @6 Gite) 7 b. Ku—Band(12/4 Gi ¢.Other (Please specify upperand lowerfequenciesin MHz.) Frequency Lower: 12200 Frequency Upper: 17800 (Pleas specify additional frequenciesin an atachment

TYPE OF STATION 25. CLASS OF STATION: Choose t button next o te css osation that apples.. Choosonly one. (NA)a Fixed EathStation (NA)b. Temporary—Fixed Earth Sttion (NA)c 12/14 Gite VSAT Network (NA) 4. Mobile Earth Sation @ ©. Geostitionary Space Station g £ Non—Geosttionary Space Sution @ . Other (please specify) 26. TVPE OF EARTHI STATION FACILTTY: NotApplicable PURPOSE OF MODIFICATION 27. The purpose of this proposed modifietion is to:(Pace an *Xin the box(es) nextallthat NotApplicable apply) ENVIRONMENTAL POLICY 28. Would a Commission grant ofany proposalin this application or amendment have a significant emvironmental gy Yes @ No impact s defined by 47 CER 1.1507?IFYES, submit thesttement as required by Sections 11308 and 1.1311 of the Commission‘s rues, 47 C.BR. $§ 11308 and 1.1311, s an exhibt t this application. A Radiation Hazard Study must accompany all applications for new ransmitingfaciltes, major modifiations, or majoramendiments ALIEN OWNERSHIP Earth station applicants not proposing to provide broadeast, commoncartir, seronautical en route or acronautical fixed radio station services are not required to respond to tems 30—34.

29. s the aplicant a forign govermment othrepresenttive of any foreign government? is @N° oNA 30. Is the applicant an alin orthe representative of an alien? p¥s oN oNA 31. Is the applicant a corporation organized under the laus ofany forsign govermment? 0« eoNA 32. Is the applicant a corporation owhich more than one—fiRh of the capitl stock is owned of ecord ovoted by gy¥es @yNo &NA aliens other representatves or by foreign government or representativethereofor by any corporation organized under the laws oa foreigncountry? 33. Is the aplicant a corporation drectly oindrecty contrlledby any other coortion of which more than @Yes gyNo @NA one—fourth ofthe capital stocis owned of record or vated by aliens, theirepresentatives,or by a foreign government orepresentative thereof r by any corporation organized underthe laws of aforeign country? 34,Ifany answe to questons 29, 30, 31, 32 and/or 33 is es, atach as n exhibitanidentification of thalens or ExhibitA foreign enttis,their nationalty,ther relaionship to the applicant, and the percentage ofstock they own or vore. BASIC QUALINICATIONS

35. Doesthe Applicantrequest any waivers or exermptions from any ofthe Commission‘s Rules? eY5 o No If¥es, attich as an exhibit,copies ofthe requests for vaiers or exeeptions with supporting documents ExhibitC 36. Has the applicant oany party to this appliation oramendiment had any FCC station authorzation orlcense o ¥= @ No revaked or had any application for n intal, modifcation or renewal of FCC station authorization, leense, or construction permit deniedby the Commission? IfYesattich as anexhibit an explination ofircumstances. 37. Has the appliant,or any party tothi appliation o amendment,or any party direcly oindirectly contrlling o 1« @ No the applicant ever beenconvicted oafelony by any sateor federal court? T ¥es,attach as an exhibit,an explination ofcircumstances 38, Has any court finally adjudged th applicant, or any person diectly oindiectly controling the applicant, o Y« guily ofunlawfully monopolizing o atempting unlawful to monopalize radio communication,diectly or indirects,trough controlof manuficture orsale ofradio apparatus, exclusve trffi arrangement or any other means ounfair methods ofcompetition? IfYes, atich as an exhibit, n explanation ofircumstances 39. s the applicant, oany person direcly oindirecly contrlling the aplicant, curently a pary in any pending o ¥s @ No matter refered to in the preceding two items? Ifyes,ttach asan exhinit, an explanation ofthe cireumstances.

40,Iftapplicant is acorporation anis applyingfora space station cense, atich as an exhibit the names, address, and ciizenship ofthosestockholders owning a record and/orvting10 percent or more of the Filer® votingstock and the percentages so held. In the case of iduciary contrl, indicate the benefciary(ies) r class of.. Exhibit B beneficiariesAlso list the names and addresses ofthe oficrs and diectors of the Filen 41. By checking Yes, the undersigned certfes, that nether applicant nor any otherpartyto the applcation is e Ys o No subject t a denil of Redera! benefits thatincludes FCC benefits pursuantto Section $301 of the Anti—Drug Act of 1948, 21 U.S.C. Section 862, because ofa conviction for possession odistrbution ofa contrlledsubstance. See 47 CR 1.2002(b)forthe meaning of &quotparty to the applieation&quotfr these purposes. 42a, Does the applicant intend to us a non—U.8. censed sitlitetoprovide service in the United Sttes? If¥es, gy Yes @ No answer 42b and attach an exhibit providing thinformation specifed i 47 C:RR. 25.137, as appropriate.If No, proceed o question 43 42bWhat adminisrationhaslcensed ois in the process of leensing the space station? Tfnolicense will be issued, what adminitrtion has coordinated oris i the rocess ofcoordiatingthe space sution?

[13. Deseription. (Gummarize the natureoftapplication and te servicesto be provided). (I the complete description does not appear in his bos, please goto the end oftheform t view i in ts entrety) oixectV Bnterprises, LLC seeks to authorize cperation of DIRBCTV 8, which will replace Iorrrcrvz at 101 WL, to (1) provide much—needed in—orbit redundancy for DIRECIV; and (2) Iprovide improved coverage of Mlaska and Hawaii. See Exhibit D. ExfibiD CERTFICATION [The Applicant waives any clim t the use ofany particula fequency or of thelectromagnctic spectrum asagainsthe regulatory power othe (United Sttes because of the previous use ofthe same, whether bylcense orotherwise, and requests an authorization in accordance withthis lapplication. The applicant cenfiesthat grant othis application would not causethe applicantto b in violition ofthe spectrum ageregation limit in 47 CFR Part 20. All statements made in extibtsare a material part herearand areincorporated herein as t out in full in this application. [The undersigned, intividually and for the applicant, hereby certfes thatall statements made in this aplication and in allatixched exhibis are Irie, complete and correctto the best ohis or her knowledgeand btie,and are made in goodfith . Applicant is a (any (Choose the button next to applcable response ) 0 Individual g Unincorporated Association g Panersip g Cooration g GovermmentalEntiy @ Other (please specify) Limited Liabiliy Corpontion [15. Name of Person Signing 46. Tite of Prson Signing [Romulo Pontual [Executive Vice President

37. Plesse supply any need attachments 1 2 3 wiLLEUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Tile 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Ti47, Section 312@a)()), AND/OR FORFETURE (U.S. Code, Tite 47, Section 503) Completed Schedule $ ree Novick REQUIRED BY THE PAPERWORK REDUCTION aCT "The public reportingforthis cllection of information is stimated to average 2 housper response including the time for reviewing instrutions, searching existing data sources, gathering and maintainingthe requied dat, and completing and reviewing the cllectionoinformation. If you have any comments on thisburden estimate,or howwe can improve the collecton and reduce the burden it causes you, please writetothe Federal Communications Commission, AMD~PERM; Paperork ReductionProject (3060—067), Washington, DC 20554. We will also accept your commentsregarding the Paperwork Reduction Act aspects ofthis collection via the Itemetifyou send them tojboley@fe.you. PLEASE o Nor sEND CoMPLETED FORMS To THIs Abprs$ RRemember — You are t equired t respond to a collction ofinformation sponsored bythe Federal govermment, and the govermment may not conduct o sponsorthis cllection, unless it displaysa curentlyvalid OME control number orif wfal to provide you withthis notice. This collection has been assigned an OMB contrl nurmber of 3060—0678. it FOREGOING NOTICE Is REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104—13, OCroRER 1, 1998, 44 US.C. SECTION 3507. 10


Document Created: 2004-11-04 16:18:29
Document Modified: 2004-11-04 16:18:29
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