Attachment DA 05-2654

DA 05-2654

ORDER & AUTHORIZATION submitted by FCC,IB

DA 05-2654

2005-10-04

This document pretains to SAT-STA-20050518-00105 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2005051800105_458335

Federal Communications Commission a os.zess Before the Federal Communications Commission Washington, D.C. 20564 In the Matter of ) * DIRECTV Enerprises, LLC ) ) Application for Authorization to Operate ) saT—A/—20050504—00003 DIRECTV 5, a Direct Broadcast Satelte, ) CallSign: S2417 at the 109.8° W.L. Orbital Location ) ) Request for Special Temporary Authority to ) saT—sTA—20050518—00105 Conduct Telemetty, Tracking and Control During ) CllSign: $2656 the Relocation of DIRECTV 6 to the 109.7° WL. ) and 109.5° W.LOrbital Locations ) ORDER AND AUTHORIZATION Adopted: October 4,2005 Released: October 5, 2005 By the Acting Chie, Satelite Division, Iternational Bureau: . INTRODUCTION 1. Withthis Order, we grant DIRECTV Enterprises, LLC (DIRECTV) authortyto operate its DIRECTV 5 satelite,t provide Direct Broadcast Satellite (DBS) service at the 109.8° W.L. orbital location.. We also grant DIRECTV Special Temporary Authoity (STA) to relocate its DIRECTV 6 satellit to the 109.7° W.L. orbital location to hand off customer trifto DIRECTV 5, and thereafter t the 109.5° W.L. orbital location for the remainder of 180 days from the date of release of this Order These authorizations conclude a seris of satelite moves that wil allow DIRECTV to maintain continuity of service to it customers from the 109.8° WL. orbital location. 11. BACKGROUND 2. The DIRECTV 6 satelite currentlyserves DBS customers on three channels at the 109.8° W.L. orbital location. Because DIRECTV 6 has experienced solar aray failures that cause a continuing decrease in operational capacity, DIRECTV secks authority to replace DIRECTV 6 with the DIRECTV 5 satellite, and then to place the DIRECTV 6 satellte atthe 109.5° W.L. orbital location, where it willserve as an i—orbit spare. We previouslyauthorized a series of satelliterelocations that made the DIRECTV 5 satellitavailable for this request 3. Lastyear, DIRBCTV 5,at thattime Hicensed by the Commission, was relocated from the 119° W.L. orbital location to the 72.5° W.L. orbital location.* On the date thatthe DIRECTV 5 satelite ! Applicatons of DIRECTV Enterprises, LLC, Order and Authoriation, DA 05—1890 (rleased July 14, 2008) (pRECTV 1 Orer * Appliation of DIRECTV Entrpries, LLC Request for Special Temporary Authority for the DIRECTV 5 Saelite, Application of DIRECTV Emerprises, LLC Request for Blanket Authorzatin for 1000,000 ReceiveOnly Earth Stations to Provide Direct Broadeast Satlite Servie in the United Sttes using the Canadian Autorized DIRECTV 5 Satelite at the 72.° W.L. BroadcastSatlite SeviceLocation Order and Authoriaton, 19 FCC Red (contimed..)

Federal Communications Commission naos—zest arived atthe 72.5° W.L. orbital location, its Commission license was terminated, and it began operations pursuant to a lcense issued by Industry Canada to Telesat Canada." DIRECTV now seeks toreauthorize the DIRECTV 5 satellie as a U.S—licensed space station so that it can act asa replacement for the failing DIRECTV 6 satelite at the 109.8° W.L orbital location.. We recently authorized DIRECTV to conduct Telemetry, Tracking and Control (TT&C) transmissions necessary to begin the relocation of the DIRECTV 1 satelite from the 101.125° WL. orbitl location to the 72.5° WL. orbita location, where it replaced the service provided by DIRECTV 5." In that action, we also authorized DIRECTV to conduct TT&C during the relocation of DIRECTV 5 to the 109.8° W.L.orbita location." 4. On May 4, 2005, DIRECTV filed an application secking authorization to operate DIRECTV 5 at the 109.8° W.L. orbital location, replacing DIRECTV 6 The DIRECTV 5 Application was placed on public notice on July 1, 2005." On May 18, 2005, DIRECTV filed an application secking special temporary authority to operate TT&C on its DIRECTV 6 satelite during a drift of that space station from the 109.8° W.L. orbital location t the 109.7° W.L. orbitl location to accomplish the hand— off of customer trafic to DIRECTV 5:" DIRECTV also seeks authoriy tothen relocate DIRECTV 6 to the 109.° W.L. orbital location for the remainder of the 180—day period commencing on the date of authorization and to maintain DIRECTV 6 at that location as an in—orbit spare. ‘The Commission placed the DIRECTV 6 STA Request on public notice on May 20, 2005." No comments were filed in response to either thesateliteapplication or the STA request. uiL. DISCUSSION A. Orbiting Satellite as Replacement 5. With the DIRECTV 5 Application, DIRECTV seeks authority to use the DIRECTV 5 satelite to replace the service now provided by the DIRECTV 6 satelite at the 109.8° W.L. orbital location.. Although DIRECTV fled the application as a replacement application, we re—esignated the (..contined from previous page) 15829 (In‘! Bur, Sat. Div.2004). Erequenciesatthe 72.5° WL orbtl locationare assigned to Canada under the Internationl Telecommunication Union‘s Mansfor Broadcast Satellte Services and Associted Feeder Links ud y 2s * mrBcty 1 Onte. Prd arg 18. * DIRECTV Enterprises,LLC, Application for Authorization to Operate DIRECTV 5 a Diect Broadcast Stelte, File No. SAT—A/O—20050504—00003 (DIRECTY 5 Applcaion) " Poliy Branch Information, Stelte Space Applications Accepted fr Fling, Report No. SAT—00303. The Public Notee noted that the prefi of the file number was changed from "SAT—RPL" designating a replacement appliation to"SABAD." * DIRECTV Emerpises, LLC, Request for Special Temporary Authorty, File No. SAT—STA—20050518—00108 (DIRECTY 6TA Requesn. * Policy Branch Information, Satelite Space Applications Accepted forFling, Report No. SAT—00292.

Federal Communications Commission pa os2est applicationas a request for operating authority t reflect the fact that the DIRECTV 5 sateliteis aready in orbit B. Interference Analysis 6. We must evaluate the interference potential of the DIRECTV 5 satelite in relation to other DBS licensees and to the radiocommunications systems of other countries.. More particulaly, Commission rules require that DIRECTV 5 be operated n accordance with Appendices 30 and 30A of the International Telecommunication Union (TTU) Radio Regulations."" Annex 1 of Appendices 30 and 30A provides the methodology and criteria for determining whether a proposed satelite might interfere with satellite frequency assignments that are in accord with the Region 2 Broadcast Satelite Service (BSS) Plan and its associated Feeder Link Plan, as well as whether the proposed satelite might nterfere with other stelite systems, oterestral services. DIRBCTV statesthat it will be able to operate DIRECTV 5 within the parameters ofthe same USABSS—16 filing that was filed with the TTU for DIRECTV 6 atthe nominal 110° W.L. orbitallocation."_ DIRECTV must fulflits obligations to complete ITU Region 2 Plan modification process for USABSS—16 in connection with ts operation of DIRECTV 5 at the nominal 110° W.L. orbital location. We remind DIRECTV that its sitellite operations are not guaranteed protection from interference from systems icensed by other administrations operatingin accordance with the TTU Radio Regulations unless and until the Region 2 BSS Plan and is associated Feeder Link Plan are modified to include the technical parameters of USABSS—16. Further, we condtion operation of DIRECTV 5 such that, until the Region 2 BSS Plan and its associated Feeder Link Plan are modified by the ITU to include USABSS—16‘s parameters, DIRECTV shall not cause greater interference than that which would occur from the current USA Region 2 Plan assignments at the nominal 110° W.L. orbital location to other BSS or feeder link assignments, or other services or satelite systems, operating in accordance with the ITU Radio Regulations 1 DIRECTV requestsa waiver of the requirement, in Section 25.215 of the Commission‘s tules, that DBS antennas meeta cross—polarization isolation of 30 dB within the primary coverage area of the antenna." ‘The Commission adopted this cross—polarization requirement in 2002, applying the rule to new applications and applications for replacement sitelltes." While this order constiutes a new authorization for the DIRECTV 5 space station, the already—orbiting satelite was authorized under the former Part 100 DBS rules that did not include a cross—polarization requirement. DIRECTV‘s trmsmit and receive antennas are designed to meet a cros—polarization of 27 dB, but have successfully operated for several years, including the operations of DIRECTV 6 at the 109.8° W.L. orbital loction."" Although DIRECTV‘s use of 27 dB eross—polarization isolation may not be consistent with the Commission‘s " See note 7, supro. Typicaly, a replacement satlite is a newly—bult satlite for which the applicant secks mubority to nnch and operate. See, .. Courmbia Communications Corp. Authorzation o Lunch and Opertea Geostationry C:—band Replacement Stelitin the FxedSatelite Servie at 37.5° WIL, Memorardiun Opinionand Order, 16 ECC Red 20176 (it‘l Bur. 2001); GB American Communications, Inc, Order and Authoriation, 10 CC ed 13775 (In! Bur, 1995); Hughes Communication Galiay, Inc, Order and Authorizarion, 3 ECC Red 3989 coss. "arcrnsas en eo09. " DIRECTV 3 ApplicatonExtibit at 3 ® DIRBCTV S Application at Exhibit C 1ealso 47 CR § 25 218 (cromspolarization requremend !* Polices and Rules forthe Direct Broadeast Stelite Service, Report and Order, 17 FCC Red 11331, 11385 com. " DIRECTV 3 Application atEstibit C

Federal Communications Commission Da os—2654 current rules, it is unlikely that the resulting degradation is materil. Licensces may use cross— polarization isolation different from that specifid for the Region 2 BSS Plan if they demonstrate that such a difference does not result in interference to other operational or planned systems, including U.S. Hicensed systems."* We therefore require that DIRECTV 5 coordinate ts operations with other potentially affected stelites, and operate on a non—harmful interference basis relativeto any DBS space stations that are in compliance with th eross—polarization isolation requirement 8. Based on the above considerations, we find sufficient evidence to conclude that operation of DIRBCTV 5 at the 109.8° W.L. orbital location will comport fully with all applicable international interference criteria and limitations,including DIRECTV‘s obligation to cooperate in ensuring that any potentialfor harmfuliterference to the satelites authorized to operateat the 110° W.L. orbital lcation be avoided. We also find that DIRECTV‘s proposal to provide DBS service from this location will serve the public interest, convenience and necessity in that it will ensure continuity of service to DIRECTV subscribers. c. License Term 9 Section 25.121(a)of our rules specifiesthatlicenses for DBS space stations not lcensed as broadeastficliies will be issued for a period of 10 years, beginning on the date thatthe liensce certies to the Commission that the satelite has been successfully placed into orbit and has begun suthorized operations."" The DIRECTV 5 satelite was authorized in 2000," Iaunched in May 2002.,"and has operated at several orbital locations for more than three years. We granta license term of 10 years, effective from the date othis authorization. D. DIRECTV 6TA Application 10. DIRECTV seeks special temporary authority in connection with operations of the DIRECTV 6 satelte while customer traffc is handed off to the DIRECTV 5 satelite, and then in connection with relocation of the DIRECTV 6 satellite to a storage orbit Specificlly, DIRECTV seeks authority to conduct TT&C during relocation to and operation atthe 109.7° W.L. orbial location just before the DIRECTV 5 satelite arrives at the 109.8° W.L. orbial location. Once the two satelites are at these orbital locations, DIRECTV will trnsfer customer traffc ffom DIRECTV 6 to DIRECTV 5. DIRECTV 6 willthen no longer provide customer service. DIRECTV also requests suthoriy to conduct TT&C on DIRECTV 6 after the transfer of customer traffic, during the relocation of the DIRECTV 6 space station from the 109.7° W.L. orbital location to the 109.5° W.L.orbital location, and at the 109.5° WLL.orbital location, where it will remain as an i—orbit spore. The period for public comment on this application has passed.. No comments were filed. We therefore grant DIRECTV authority to conduct TT&C in connection with the relocation of the DIRECTV 6 satelte from the 109.8° W.L. orbial location to the 109.7° W.L. orbital location, and thereafter in connection with relocation to and maintenance of the satelite atthe 109.5° W.L. orbital location. Given this disposition of the DIRECTV 6 space station, we "* see EchoSuar Sutelite Corp, Directat Corp. EchoStar DBS Corp. Application for Authoriy to Make Minor Modifations to Direct Broadeast Sitelite Authorizations, Lainch, and Opertional Authoriy, Memorandum Opinien and Orde, 13 FCC Red 8505, 8604 917 (InI Bur. Sa..Div. 1998) "a1 onR s2s210000 " DIRECTV Enerprises, Inc., Authoriy to Launch and Operte a Direct Broadeast SatliteService Space Station, Order and Authoriation15 FCC Red 23620 (InI Bur. St. and Rad. Div. 2000) " DIRBCTV $ Application t 23.

Federal Communications Commission pa oszest dismiss,as moot, DIRECTV‘s pending request for permanent authority to operate DIRECTV 6 at the 110° W.L.orbial ocation." Iv. ORDERING CLaUSES 11 Accordingly, TT 1 ORDERED that the application of DIRECTV Enterprises, LLC for operating authority for DIRECTV 5, File Number SAT—/O—20050504—00093, Call Sign S2417, IS GRANTED, and DIRECTV Enterpriss, LLC 1 AUTHORIZED to operate its satelite, DIRECTV 5, using channels 28, 30, and 32 in the 12.2—12.7 GHe and 17.3—17.8 GHe bands atthe 109.8° W.L. orbital location, with 0.05° longitudinal station—keeping, in accordance with the terms, representations, and. technical specifications set fort in is application 12. TT IS FURTHER ORDERED that th request of DIRECTV Enterprises, LLC for waiver ofthe eross—polarization requirement of the Commission‘s rules, 47 CIFR. § 25.215, is GRANTED, and that the DIRECTV 5 space station shall coordinate is operations with other porentilly affected stelites, and shall operate on a non—harmful interference basis relative to any DBS space stations that are in compliance with the cross—polarization isolation requirement. 13. TT S FURTHER ORDERED thatthe icense term for the DIRECTV 5 sateite, Call Sign S2417, iten years, commencing on October 5, 2005. 14. TTIS FURTHER ORDERED that DIRECTV Enterprises, LC has 30 days from the date of the release of this order to declithis authorization as conditioned.. Failure to respond within that period willconstitute formal acceptance ofthe authorization as conditioned. 15. IT 1 FURTHER ORDERED that, pursuant to Section 25.120 of the Commission‘s rules, 47 CFR. § 25.120, the request of DIRBCTV Enterprises, LLC to conduct Telemetry, Tracking and Contrl functions during a drif of the DIRBCTV 6 satelte from the 109.8° W.L. orbital location to the 109.° WL. orbital location, File No. SAT—STA—20050518—00105, is GRANTED, subject to the fellowing conditions: 1) DIRECTV Enterprises, LLC shall coordinate all dift orbit Telemetry, Tracking, and Control operations with other porentially affected in—orbit operators. itDuring this relocation of the DIRECTV 6 satelite, operations shall be on a non— harmful interference basis, meaning that DIRECTV Enterprises, LLC shall not cause interference to, and shall not claim protection from interference caused to it by any other Javfully operatingstelites. ii.) In the event that any harmful interference is caused as a result o operations during the relocations of the DIRECTV 6 satelte, DIRECTV Enterprises, LLC, shall cease operations immediately upon notfication of such interference and shall inform the Commission immediately,in writing, ofsuch an event. 16. TT IS FURTHER ORDERED that, pursuant to Section 25.120 of the Commision‘s rules, 47 CBR. § 25.120, the request of DIRECTV Enterprises, LLC to conduct Telemety, Tracking and Contral functions during the drftof the DIRECTV 6 satelite from the 109.7° W L. orbitl lcation to the 109.5° W.L orbital location and thereafter to conduct Telemetry, Tracking and Control functions to ® DIRECTV Enerpriss, LLC Application for Modifieation, SAT—MOD—20030613—00121 (secking permanent wubority t operte DIRECTV 6 at the 110° WL orbial location, and DIRECTV 1 at the 1OPW.L orbial location).See also, DIRECTV I Order, DAT 05—1890 (dsmissingas moot applications affecting DIRECTV 1 s

Federal Communications Commission ba os—2654 maintain DIRECTV 6 at the 1095° W.L. orbital location, File No. SAT—STA—20050518—400105, is GRANTED untl April 3, 2006 subject to the following conditions: i During the drift to the 109.5° W.L. orbital location, and while maintaining an orbit at the 109.5° W.L. orbiallcation, DIRECTV Enterprises, LLC shall not operte the main communications payload on DIRECTV 6. i) DIRECTV Enterprises, LLC shall coordinate all drift orbit Telemetry, Tracking, and Control operations with other porentially affected in—orbit operators. i.) During relocations of the DIRECTV 6 satelite,operations shall be on nor—harmful interference basis, meaning that DIRECTV Enterprises, LLC shall not causeinterference to, and shall not claim protection from interference caused to it by any other lawfully operating satelites. iv.)In the event that any harmful interference is eaused as a result of operations during the relocations of the DIRECTV 6 satellte, DIRECTV Enterprises, LLC, shall cease operations immediately upon notfication of such interference and shull inform the Commission immediately,in writing, of such an event 17. TT 18 FURTHER ORDERED that the pending application for DIRECTV 6 operating suthori, File No. SAT—MOD—20030613—00121 is DISMISSED AS MOOT. 18. Assignment of any orbit location is subject to change by summary order of the Commission on 30 days‘ notice and does not confer any permanent rightto use thorbit and spectrum. 19. DIRECTV Enerprises, LLC shall provide the Commission with all information it requires in order to modify the Appendix 30 Broadeasting—Satellite Service Plans and associated Appendix 30A feeder—ink Plans t incorporate the charactersticsof USABSS—16, in accordance with the ITU Radio Regulations. DIRECTV Enterprises, LLC shall be held responsible for all costrecovery fees associated with these TTU filings. We also note that no protection from interference caused by radio stations authorized by other adiministrations is guaranteed unless coordination and notification procedures are timely. completed or, with respect to individual administations, by: successfully. completing coordination agreements. Any radio sttion 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 Administations. See 47 CER. § 25.111(c) 20. Neither this order nor any right granted by this order, shall be transerred, assigned or disposed of in any manner, volumrily or involuntrly, or by transfer of control of any corporation holding this authorization, to any person except upon application to the Commission and upon a finding by the Commision that the public intrest,convenience and necessity will b served thereby. 21. This order is issued pursuant to Section 0.261 of the Commission‘s riles on delegations of authority 47 CER. $ 0.261, and is effective upon release. FEpERAL COMMUNICATIONS commssion i 1 Camoutac C Amaz Cassandra C. Thomas Acting Chief Satelite Division International Bureau 6


Document Created: 2005-10-05 14:18:39
Document Modified: 2005-10-05 14:18:39
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC