Attachment grant

grant

DECISION submitted by IB, FCC

grant

2006-11-16

This document pretains to SAT-RPL-20060119-00005 for Replacement Application on a Satellite Space Stations filing.

IBFS_SATRPL2006011900005_536103

Approved by OMB 3060—0678 Date & Time Filed: 19 2006 4:45:49:853PM File Number: SAT— —20060119—00005 Callsign/Satellite ID: $2693 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: DIRECTV Ent. D13 Space Station Authorization 1—8. Legal Name of Applicant Name: DIRECTV Enterprises, LLC Phone Number: 310—726—4993 DBA Name: Fax Number: 310—535—5323 Street: 2230 E. Imperial Hwy E—Mail: dapattillo@directv.com City: El Segundo State: CA Country: USA Zipcode: 90245 _ Attention: David A. Pattillo . RPL esn File#_SRT— i@@@A — 2006 011% 00005 en COMmMOgR e j R e y F, Call Sign SZbg?) Grant Date \‘ / ‘G/z_m *f {or otheridentifier) ;‘éff Term Dates GRANTEDY |U ————— To: _______ | «l‘.jvlanllhvll;i} Burcan Approved: g a 4AAA é {AA e' f;& Imaga / * gubject to atiached Cassandra EThomas , Dep‘fifl Chef Condifions Satellite Division

ATTACHMENT IBFS File No. SAT—RPL—20060119—00005 Call Sign: $2693 Grant Date: November 16, 2006 The remaining portion of DIRECTV Enterprises, LLC‘s (DIRECTV) application‘ to construct, launch, and operate a direct broadcast satellite (DBS), DIRECTV 13 (Call Sign: 82693),2 to replace the DIRECTV 5 satellite at the 110° W.L. nominal orbital location, IBFS File No. SAT— RPL—20060119—00005 IS GRANTED. Accordingly, DIRECTV is authorized to construct, launch, and operate the DIRECTV 13 DBS space station at the 109.8° W.L. orbital location with feeder links (Earth—to—space) in the 17.3—17.8 GHz band on DBS channels 28, 30, and 32, and service links (space—to—Earth) in the 12.2—12.7 GHz band on DBS channels 28, 30, and 32 in accordance with the terms, conditions, and technical specifications set forth in its application, the Federal Communication Commission‘s (Commission) rules, and the conditions below. 1. DIRECTV‘s request for waiver of the requirement to provide the location of the telemetry, tracking, and control (TT&C) earth stations associated with the DIRECTV 13 space station IS GRANTED. Pursuant to Section 25.114(a) of the Commission‘s rules, 47 C.F.R. § 25.114(a), space station applications must be filed using Form 312, Main Form and Schedule S, together with attached exhibits as described in Section 25.114(d). Applicants are required to provide the physical location of TT&C Earth stations associated with their proposed space station in Tab $14 of Schedule S. DIRECTV states that it has not yet contracted for the construction of DIRECTV 13, and therefore has not determined the specifics for controlling the DIRECTV 13 satellite. DIRECTV states that it therefore cannot provide the information sought in Tab S$14 of Schedule S at this time. Pursuant to Section 1.3 of the Commission‘s rules, 47 C.F.R. § 1.3, the Commission may waive a rule for good cause shown. Waiver is appropriate if special circumstances warrant a deviation from the general rule and such deviation would better serve the public interest than would strict adherence to the general rule." We find that DIRECTV has shown good cause for granting a waiver of the requirement to supply the location of the TT&C earth stations associated with the DIRECTV 13 satellite. We therefore grant DIRECTV‘s request for a waiver of the requirement to provide this information at this time, with the condition that DIRECTV provide the information prior to launch of the DIRECTV 13 satellite. 2. Pursuant to Section 25.148(b) of the Commission‘s rules, 47 C.F.R. § 25.148(b), the DIRECTV 13 DBS satellite must be constructed and placed into operation in accordance with the technical parameters and terms and conditions of this authorization by these specific time periods following the date of authorization: a. DIRECTV shall complete contracting for construction of the DIRECTV 13 satellite by November 16, 2007. ‘ Portions of the application pertaining to operation in the 36 MHz and 82 MHz wideband modes and launch of a payload capable of operating on even—numbered channels 2—26 were dismissed‘ without prejudice to refiling. See Letter to William M. Wiltshire, Esq., Harris, Wiltshire, & Grannis LLP, from Robert G. Nelson, Chief, Satellite Division, International Bureau, DA 06—1651, dated August 18, 2006. The remaining portion of the application was accepted for filing on August 18, 2006. See Policy Branch Information, Satellite Space Applications Accepted for Filing, Public Notice, Report No. SAT—00381 (rel. August 18, 2006). 32 at the 110° W.L. > DIRECTV is authorized to provide DBS service on DBS channels 28, 30, and nominal orbital location. 3 Northeast Cellular Telephone Co. v. FCC, §97 F.2d 1166 (D.C. Cir. 1990).

b. DIRECTV shall complete construction of the DIRECTV 13 satellite by November 16, 2010. c. DIRECTV shall place the DIRECTV 13 satellite into operation by November 16, 2012. 3. DIRECTV must maintain the DIRECTV 13 satellite at 109.8° W.L. with +/— 0.05 degree longitudinal stationkeeping. See 47 C.F.R. § 25.210(j). 4. Pursuant to Section 25.111(c) of the Commission‘s rules, 47 C.F.R. § 25.111(c), DIRECTV shall provide the Commission with all information it requires in order to modify the Appendix 30 Broadcasting—Satellite Service Plans and associated Appendix 30A feeder—link Plans to incorporate the characteristics of the Broadcasting—Satellite Service space station of the DIRECTV 13 satellite, USABSS—25, in accordance with the ITU Radio Regulations. DIRECTV shall be held responsible for all cost recovery fees associated with these ITU filings. We also note that no protection from interference caused by authorized radio stations 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 and/or for which the necessary agreements under Appendices 30 and 30A have not been obtained may be subject to additional terms and conditions as required to effect coordination or obtain the agreement of other Administrations. 5. Until the characteristics of the Broadcasting—Satellite Service space station of the DIRECTV 13 satellite, USABSS—25, have been incorporated into the ITU Region 2 BSS Plan, in accordance with Appendix 30 of the ITU Radio Regulations, DIRECTV shall provide written notification to its customers who receive DBS signals from DIRECTV 13 using antennas smaller than 45 cm in diameter that their receivers are not protected from interference. 6. The license term for the DIRECTV 13 satellite is ten years, and will begin to run on the date DIRECTV certifies to the Commission that the DIRECTV 13 satellite has been successfully placed into orbit and that the operations of the DIRECTV 13 satellite fully conform to the terms and conditions of this authorization. Accordingly, DIRECTV is directed to provide a certification that the DIRECTV 13 satellite is operational within ninety days of the DIRECTV 13 satellite arriving at the authorized orbital location. 7. DIRECTV is afforded thirty 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. * we note that DIRECTV has indicated that the receiving antennas for DIRECTV 13 will be as small as 20 cm in diameter, and that the smallest DBS receiving antenna for U.S. DBS systems that is currently protected from interference is 45 cm in diameter. See Amendment of the Commission‘s Policies and Rules for Processing Applications in the Direct Broadcast Satellite Service; Feasibility of Reduced Orbital Spacing for Provision of Direct Broadcast Satellite Service in the United States, Notice of Proposed Rulemaking, FCC 06—120 (released August 18, 2006) at para. 61. 2

8. This Grant is issued pursuant to Section 0.261 of the Commission‘s rules on 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 of the Commission‘s rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within thirty days of the date of the public notice indicating that this action was taken. RPL Hile # SGNT— ki@ii®— 20066119 — 00005 Call sn $2§93._ » «: 0.« _M/iG/2006 (or otheradortitigr) *4 Torm Dotes 8 o carEry From __l2 TD oo { 1 i "A;"»urui::« Approved: @AAM 0 « %’IHJ-A} * subject to atoched Cassandra EThomag, Deputy Chef eonditions Saotellite Division

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: 1200 Eighteenth Street, NW E—Mail: wwiltshire@harriswiltshire.com 12th Floor City: Washington State: DC Country: USA Zipcode: 20036 —= Attention: Relationship: Other 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—Only Station Using Non—U.S. Licensed Satellite C b9. Letter of Intent to Use Non—U.S. Licensed Satellite to Provide Service in the United States «24 b10. Replacement Satellite Application — no new frequency bands 4 b11. Replacement Satellite Application — new frequency bands (Not eligible for streamlined processing) «3 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? ) If Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). «4 Governmental Entity «3 Noncommercial educational licensee y Other(please explain): 17¢. 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 D e. Direct to Home Fixed Satellite D f. Digital Audio Radio Service E g. Other (please specify) Direct Broadcast Satellite 21. STATUS: Choose thebutton next to the applicable status. Choose 22. If earth station applicant, check all that apply. only one. Not Applicable y Common Carriee &@ Non—Common Carrier 23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one. Are these facilities: {G Connected to a Public Switched Network G 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: 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. (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. y f. Non—Geostationary Space Station 4 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 1.13077 If YES, 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 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? gq¥Ye gqN) & N/A 31. Is the applicant a corporation organized under the laws of any foreign government? gqYe gqN° @ 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 C Yes gqN° @ 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 oNo @ 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 Exhibit A 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? @ Yeos ) No If Yes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents. Exhibit C 36. Has the applicant or any party to this application or amendment had any FCC station authorization or license 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 ( 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, o 6e & 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? If 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 ) 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 B 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 fed 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 &quot;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] Ye @ No answer 42b and attach an exhibit providing the information specified in 47 C.ER. 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 authority to launch and operate a replacement DBS satellite at the nominal 110 degree WL orbital location. Exhibit D 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. 44. Applicant is a (an): (Choose the button next to applicable response.) C Individual 0O Unincorporated Association 4 Partnership C Corporation «3 Governmental Entity & Other (please specify) Limited Liability Company 45. Name of Person Signing 46. Title of Person Signing James Butterworth Senior Vice President

47. Please supply any need attachments. 1: 2: 3: 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). Completed Schedule S 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 jboley@fee.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. 10


Document Created: 2006-11-17 11:21:17
Document Modified: 2006-11-17 11:21:17
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