Attachment grant

grant

DECISION submitted by IB,FCC

grant

2006-01-20

This document pretains to SAT-STA-20051018-00201 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2005101800201_477010

Approved by OMB 3060—0678 Date & Time Filed: Oct 18 2005 5.01:15—400PM File Number: SAT—8TA—20051018—00201 Callsign: 5 2.G 2O FEDERALCOMMUNICATIONS COMMISSION APPLICATION FOR SPACE STATION SPECIAL TEMPORARY AUTHORITY FoR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: DIRECTV Enterprises DIRECTV 2 migration request to 91 WL 1: Applicant Name: DIRECTV Enterprises, LC Phone Number: 310—726—4003 DBA Name: Fax Number: s10—s35—5323 Street: 2230 E. Imperial Huy E—Mai: dapatillo@diecty.com City: El Segundo State: ca Country: USA Zipeode: soms — Attentions DavidA Pattllo . » Sevesvs Hoosicls—0 222L ons$2630ch--m--_').?.‘:llgr (uuuw Of c(E is (‘k\(—‘fi | erantep |"*" //[ 2 3 ioel tream reatona ts Aupnta um e

Conditions of Authorization File No. SAT—STA—20051018—00201 January 20, 2006 DIRECTV Enterprises, LLC‘s (DIRECTV) request for special temporary authority (STA), IBFS File No. SAT—STA—20051018—00201, 18 GRANTED, Accordingly, DIRECTV is authorized to conduct telemetry, tracking, and control communications related to the relocation ofthe DIRECTV 2 satelite from the 100.6° W.L." orbital location to the 91° W.L. orbital location in accordance with the terms, conditions, and technical specifications set forth in the Commission‘s rules and this document. 1) This authorization is for 180 days commencing on the date of grant. 2): During the drift ofthe DIRECTV 2 satellite to the 91° W.L. orbital location, DIRECTV shall not operate the main communications payload ofthe satellite. 3) DIRECTV shall coordinate all driorbit telemetry, tracking, and control operations with other potentially affected in—orbit operators. 4): During the relocation of the DIRECTV 2 satellte, operations must be on a non— harmful interference basis, thatis, DIRECTV shall not cause interference to, and shall not claim protection from interference caused to it by any other lawfully operating satellites or radio communications systems. 5) In the event that any harmfulinterference is caused as a result of operations during the relocation ofthe DIRECTV 2 satellite, DIRECTV shall cease operations immediately upon notification of such an event, and shall inform the Commission immediately, in writing, ofthe event. 6) DIRECTV shall notify the Commission, by letter to the Chief, Satelite Division, Interational Bureau, 30 days prior to commencement ofuse ofTelesat Canada‘s earth stations to provide the earth station segment oftelemetry, tracking, and control communications. 7) Effective upon the date the DIRECTV 2 satellite reaches the 91° W.L. orbital location, the U.S. license for that satellite (Call Sign: $2630)is terminated. DIRECTV shall notify the Commission, by letter to the Chief, Satellite Division, Interational Burea, within five business days following the date on which the DIRECTV 2 satellite reaches the 91° W.L. orbital location. 8) The Commission has exchanged letters with the Canadian Department of Industry to ensure a mutual understanding regarding the operations of the DIRECTV 2 satellte. The understandings and factual basis for these understandings are ! The DIRECTV 2 sellte has been operating athe 100.6 ° W.Lorbial location parsuant t an STA IBFS Fle Nos. SAT—STA—20051019—00203 and SAT—STA—20050914—00178.

attached in Annex A and are material considerations for the grant ofthis special temporary authority. m« 561 —StA SSSSTOE—ooro CallSin S263OOnntDate \sm‘OG or other dentifer) TermBates \S-Loiog To wuftouds& le05 Pn\:karm

ANNEX A File No. SAT—STA—20051018—00201 January 20, 2006

Federal Communications Commission Washington, DC 20554 Junuary 20,2006 Ms.Chantal Besumicr Dizecter, Spaceand Intemational Regulatory Activtes Radiocommunications and Broadcasting Regulatory Branch Industry Canada 15® Floor, 300 Sliter Street Otaus, Onurio Canada K1A 008 Re:=— Operations ofthe DIRECTV 2 Space Sution Dear Ms. Beaumien: "Thi eter is o confim the informal understantings ofhe Canadian Deparment of Industy (Industry Canada)and the Federal Communications Commission (FCC) conceming cetain technical issuesinvolvingthe opertion ofa broadcasting—stelite sevice (PSS) steite, DIRECTV 2,by DIRECTV Enterpries, LLC (DIRECTV) and by Telsat Conada (Telesa). DIRECTV and Telesathave entered nto a sateliterelocationand lease agreement Transaction between DIRECTV and Telesat DIRECTV crenty opertes the DIRECTV 2 sielite atthe 100.6° WL. ortitlloctionsubject to FCC authority, Under the contrct between DIRECTV and Telesa, DIRECTV hasagreed to move the DIRECTV 2 stelite o citer the 82° WL o91° W.L.ocbial ocation (designted orital loction) following th placement im service ofIRECTV 8 atthe 101° W.Lcrbial loction, and obaining the necessary govermmentalapprovals The ayreement grants Telestthe exclusiv right o use th capacity, and direstand contol DIRECTV 2 at the 82° W.L. and 91° W.L.orbial locations. The agreement contemplates that Tlesat will use the satllteto augment or provide back up capacityfor any ofits NIMIQ, NMIQ 2. oNIMIQ 3 satlitesat the 82° W.L.or 91° W.L.orbia location for us solly in Canada. While DIRECTV 2 is at citerthe 82° W.L. or 91° Worbiallocations,orwhie moving in betweentheselocations, Telesat will exercise direction and control over th stelite. DIRECTV, hrough PanAmSat, willperform telemety, racking. and contol functions (TT&C) unl Telesat cantake over these fintions. Telesat may not subleas or subcontrict opertional control to a thipaty without DIRECTV‘s priorwiten approval. The lease agreement terminates when thstet is aken out of commercil operation o the datit is removed from it designated orbital location On December 20,2005,Industry Canad authoried Telesatt operte DIRECTV 2 at91° W.L., subjetto canditions. DIRECTV has filed a request with the FCC for Special Temporary Authorty to driR DIRECTV 2 from is current orit location at 100.6° W.Lto 91° WX ! DIRECTY $ waslasched in May200,anis curenty peraingat h 10075 W.L. oritlocaton DIRECTV Enerpises, LC, Orter, DA 0527 (Sa. Div, nt! Br.Oct 2008)

Chantal Beaumier Junuary 20, 2006 Page 2 Informal Understandings between Industry Canada and the FCC on certain technical isues concerning operation of DIRECTV 2 "The FCC and Indusry Canada have concurred on the followingtechnical issues concerning the operation of DIRECTV 2: 1. Atthe 82° W.L. and 91° W.L.orbial locations, DIRECTV 2 operations will b subjecto Canadian authoriy. Becaus thee ocations are Canadian entriestothe Region 2 Plan of Appendix 300A ofthe TY Radio Regulatins, the Canadian administration will have respansibilty for compliance withthe TU Radio Regulations (inluding the requirement forlcensing as specifed in Artle 18.1 ofthe Radio Repulations,and anyappliable agreement—secking procedures) in connection with openation oft DIRECTV 2 stellte atthe $2° W.L or 31° W orbtl ocations,and in connection with any ntertional telocation of thstelit from one othe two orbitl ocationstothe other. 2. Thefllowing operations ofthe DIRECTV 2 satellte willbe subjectt Heensing by the ree: a. Any aperations othesatelfite otherthan atth ) 82° W.L.ocbial location, i) at the 91° W.Lorbial lcation, or i) whil it is moving between those orbitl Jocations b.. Any aperation as a result ofequipmentfailurithe satefite that esuls i the inabllity to maintai the atelite within £0.1 degrees oft assigned positon at citherthe 82° WIL. o91° WIL. orbtl location. c Any aperations affer the termination ofth lease agrecment. 3. Industry Canada, through the Director, Space and Interational Repulatoy Activites, willprovide the FCC with 4 (our) days advance writen notice (email with confirmed receiptfrom the FCC‘s Chicf, Intermational Bureau, Stelite Divisin, wllbe considered sulficient ofany planned termination or epiration ofthe Canadian Licencfo the DIRECTV 2 suclite 4. Indusry Canada wl conditionthe DIRECTV 2 Heense t equire Telesat to maintain, barring catasrophic ailureofstelite componentst capablityto deorithe DIRECTV 1 spaceerat consistent withTU RecommendationS.1003—1, Environmental Protection ofhe Geostationry—Satelite Orbic "The informal undestandings se forth above in thisleter canceening operation othe DIRECTV 2 saelite s not a concurrence by the FCC or the U.S. Adiminstation with ny Canadian Alings wih the TTU Radiocommunication Bureay o any fture Canadian flings t the §2° W.L. or 91° W.L. orbial ocations,under Appendices 30 or 30A of the TU Radio Regalations. The FCC and Industry Canada wll separately, an as prt ofthe agreement— secking proces appleable under TTU Repultions, work in good fithto complet that process, insofaras necessay,in connection with the operation ofhe DIRECTV 2 satelite. "The FCC has not presentyissued any oftheauthorizations necesswry to move the DIRECTV 2 srelite o eitherthe 82®or91° W.L.orbial location. The FGC hasreceved applicaion for Special Temporary Authority o elocate DIRECTV 2 o the 91° W.L. orbtal Jocation, and to provide telemety,tricking, and control opertions daring the move and untl

Chantal Beaumier January 20, 2006 Page3 ‘Telesat ks overthese functions using ts own facilites. Theseapplicationsrequire separate action by the FCC, This exchange ofletrs does not constitut approval of these applicaions. All noties, inquiries, and correspondence from Indusry Canada concerningthese matis should bediected to the Chiet, Satelite Division,Interational Bureau (phone number 202.418.0719) (email: Cassandra.Thomas@fve.gov, with a copy to KarlKensinger@egov). "The FCC will forvard all nties, inquires, and correspondence concerning these maters t the Diecto, Space and International Repulatoy Actvites (phone number 613.998.3819)(email beaumierchantal@ieg.ca)on the part ofIndustry Canada. Please lt us know ifthis address subsequently changes. 1th foregoing correspondsto your undertanding ofthiformal arrangements between our two agencies concerning the various technicalissus nvolved in the operation of DIRECTV 2 please confirn by retum leter. Sincerely, Ramgcnet.0 Sarelte Division ces Paul Bush Vie President, Corporite Development Telesat Canada Wiltom Wikshire Haris, Wishire & Gramnis LLP Counse for DIRECTV Emerprises,LLC.

. I Industy Canada Incustre Canada 20 ie Stee ome.ow kiatcr Our File: 05943—1 JAt 20 2006 (EDras# 49844) Cassendra Thomas Acting Chief, Satellite Division International Bureau Federal Communications Commission Washington, D.C. 20554 Dear Ms. Thomas: Thank you for you letter ofJenuary 20, 2006 setting out our informal common understzndings conceming certain technical issues involved in the operation ofa broadcasting—setellite service satelite known by Telesat Canada and DIRECTV Enterprises, LLC as DIRECTV 2. T am pleased to provide my confirmation ofou informal understandings and acknowledgement ofthe other views expressed in your letter. Once again, I want to express my appreciation for the support your administration is giving to this kind ofcommercial arrangement to facilitate the delivery of important and valuable satelite services. Sincerely, K’M Chantal Beaumicr Director, Space and Interational Regulatory Activities ce: Robert Power, Telesat Canada Canad#

2. Contact Name: William M. Wilshire Phone Number: 2o2=730—1350 Companys Harris, Wilishire & Grannis,LLP Fax Number: ao2=r30—1301 Street: 1200 Eightecnth Street, NW E—Mai 12th Floor City: Washington State: pe Country: USA Zipeode: 20e — Attention: Legal Counset (1fyour application is related to an appliction fled withthe Commission, eter ither the ie number or the TB Submission TD ofthe related application. Pleasenter only one.) 3. Reference File Number or Submission ID 4. Ts a fee submitted with this application? @ 1fYes, complete and attach FCC Form 159. IfNo, indicate reason for fee exemption (see 47 C.FR.Section 1.1114). &> Govermental Entty ¢y Noncommercial educational censce g Otherfplease explain: : Fee Classifation CRY — Space Suation (Geostationary) 5. Type Request @ Change Station Location g Extend Expiration Date g oner 6. Temporary Orbit Location 7. Requested Extended Expiration Date on w

8: Description _(Ifthe complete description does not appear n this box, please go to the end of the form to view it n ts enirely) IDIRECTV Enterprises, LLC requests special temporary authority to relocate DIRECTV 2 to the 91 MD orbital location allocated to Canada under the Region 2 BSS Plan, and to perform [tteC operations for an indefinite period. 9. By checking Yes, the undersigned certfesthat neither applicant nor any other party to the applicationis subject @ ¥es ¢y No t0 a denialofFederal benefis that includes FCC benefits pursuant to Section 5301 ofthe Anti—Drug Act of 1988, 21 U.S.C. Section 862, because ofa comviction for possession or distribution ofa controlled substance. See 47 CFR 1,2002(b)fo the meaning of &quotpartyto the application" forthese purposes. 10. Name of Person Signing 11. Tite of Person Signing James Buttervorth Senior VicePresident 12. Please supply any need attachments: Attachment 1: STA Request Attachment 2: Exhibits Attachment 3: WiLLFUL FALSE STATEMENTS MADE oN THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Tite 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Tie 47, Section 312@a¥(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).

rCe NoTIcE REQUIRED BY THE PAPERWORK REDUCTION ACT "The public reporting for this ollection oinformation i esimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, athering and maintaining the required data,and completing and reviewing the collection ofinformation. Ifyou have any comments on this burden estimat, 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 ofthis collection via the Intemctif you send them to jboley@fec.gov. PLEASE o NoT sEND CoMPLETED FORMS To THIS ADpRESS. Remember ~ You are not required to espond to a colletion ofinformation sponsored by the Federal government,and the government may not conduct osponsor this collecion, unless it displays a currently valid OMB control number orifwe fal to provide you with this notice. This collection has been assigned an OMcontrol number of 3060—0678 THE FOREGOING NOTICE Is REQUIRED BV THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 10+—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of DIRECTV Errermuses, uic File No. Request for Special Temporary Authority to Relocate DIRECTV 2 to 91° W.L. and to Conduct Telemetry, Tracking and Command Operations for an Interim Period rearteaaeien REQUEST FOR SPECIAL TEMPORARY AUTHORITY DIRECTV Enterprises, LLC (°DIRECTV") requests special temporary authority ("STA®) to (1) drif ts DIRECTV 2 satellite from its current orbit at 100.6° W.L. to the Broadcasting Satellite Service (°BSS") slot allocated to Canada at 91° W.L. in the ITU Region 2 BSS Plan, and (2) perform telemety, tracking and command (TT&C") functions with DIRECTV 2 during this drift and for a period oftime onceit reaches its new location.‘. Under an arrangement with Telesat Canada ("Telesat"), and subject to receiving the requisite approvals from both the U.S. and Canadian regulatory authorites, this satellte would then be used by Telesatto support BSS service into Canada. This request is virtually identical to one the Commission granted last year to authorize the relocation of another DIRECTV satelite t a Canadian BSS slot." DIRECTV submits !\— DIRECTV expectsto complete th ransfer oftrafic rom DIRECTV 2 to a replacementstelit at the nominal101° W.L.orbitl loctionon orabout Novermber15, ensuring that o subscriber would experiencealaps n servicedue to reloctionofthsateite * See DIRECTY, nc, 19 FCC Red. 1055 (In‘I Bur 2004) (*D3 SFA Order®,

that this STA will serve the public iterest and requests that the STA be granted for the statutory maximum of 180 days. Unil very recently, DIRECTV provided service to U.S. consumers from the nominal 101° W.L. orbital location using three satellites —DIRECTV 18, DIRECTV 2, and DIRECTV 48. The oldest of these, DIRECTV 2, was launched in 1994 and has sufficient fuel remaining for approximately 18 more months of usefullife. Accordingly, DIRECTV recently launched the DIRECTV 8 satellite as a replacement. DIRECTV 8 has now been fully tested and some of DIRECTV 2‘s traffic has been transferred to it Oncethat process is complete," DIREC TV 2 will be placed in storage orbit at 100.6° W.L. with its communications payload turned off pending the Commission‘s decision on the instant application As the Commission knows, DIRECTV and Telesat have entered into a series of agreements that have allowed them to make more productive and intensive use of valuable BSS orbitalspectrum resources." For example, last June, the Commission granted DIRECTV an STA similar to the one requested herein, authorizing the relocation of the DIRECTV 3 satelite to the Canadian BSS slotateither 82° W.L. or 91° W.L pursuant to a December 2003 Memorandum of Agreement ("Original MOA®) with Telesat.© That satelite was to be used both to provide back—up capacity that had been lost * DIRECTV curenty intends to complettraficransfer on oabout Novermber 15, 2005 * Undetheseagreementsthe partis have, for example, moved DIRECTV 3 to the Canadian BSS stt at91° W.L. forserviceinto Canada and moved DIRECTV1 tthe Canadian BSS slot at 72.5° W L for lecaint—local servie nto the U.S See D3 STA Order, supra

as a result ofthe malfunction of a Telesat BSS satellte (Nimiq 2 at 82° W.L.), as well as to improve the quality of the service Telesat provides to Canadian consumers by allowing the operation ofthe transponders on another Telesat BSS satellte (Nimig 1 at 91° W.L) at a higher power level.° The Commission found that grant ofthat STA would serve the public interest by helping to assure continuity of service to Canadian consumers, consistent with the practice of eooperation between U.S. and Canadian satelite providers in times of emergency or capacity need." Telesat has been operating DIRECTV 3 from the 91° W.L. orbital location to provide service into Canada without incident since August 2004. As part of this ongoing process, Telesat has sought access to the soor—to—be— replaced DIRECTV 2 satelite, to further enhance the capacity and redundancy capabilities of Telesat‘s BSS fleet. Accordingly, on October 6, 2005, DIRECTV and Telesat entered into three agreements that, among other things, would effectuate this plan for DIRECTV 2, subject to receiving the requisite regulatory authorizations from both the U.S. and Canadian regulatory authorities. These agreements are: (1) a further revision to the Amended and Restated Memorandum of Agreement (*Revised MOA"); (2) a Satellite Relocation & Lease Agreement for DIRECTV 2 ("D2 Lease"); and (3) an Amending Agreement No. 2 to the Satellite Relocation and Lease Agreement related to the DIRECTV 3 satellite (*Revised D3 Lease")." Under these agreements, DIRECTV will lease all of the capacity on DIRECTV 2 to Telesat for operation of that satellite at 91° * reaciiose 7. meart0s9 * A redacted copy of each agreement is atached heetoas Extibits 1 2, and 3, respectvely. The complete ext ofeach agreement willb filed withthItemntionalBureau staftwth a request for confidental reatment pursuanttoSetions0—457 and 0.459 ofthe Commission‘srules.

W.L. The STA requested herein is a criical requirement for the parties to implement these agreements. Telesat intends to use DIRECTV 2 to perform the function now being served by DIRECTV 3 at 91° W.L.. — ie., providing increased and bete service to Canadian BSS customers as a result of the improvement in satellte capacity.. DIRECTV 3, in tur, will move to 82° W.L. where it is required to supplement capacity to the Nimig 2 satellte whose capacity is slowly diminishing as a result of the falure of a portion of its power system in early 2002. DIRECTV 3 will also provide additional capacity for new video services for Canadian BSS customers, including high—definition programming, while also ensuring back—up capacity for Nimig 2.A timely approval by the Commission will help to ensure that no existing signals need to be tumed down, as well as allowing DIRECTV 2 to provide service atthe 91° W.L. position for as much of its short remaining life as possible. Accordingly, for the reasons recognized by the Commission in the D3 ST4 Order, grant of an STA in this proceeding will serve the public interest.!" Nor are there offsetting public interest concems. As of mid—November, DIRECTV 2 will provide no service to U.S. subscribers, although it would be available as a back—up in case of a problem with any other DIRECTV satellite. This extra redundancy is unnecessary for several reasons,. First, DIRECTV 2 has been replaced by a brand new satellite (DIRECTV 8) that has just completed in—orbit testing and can be expected to operate atfull capability for years to come. Second, DIRECTV will soon augment ts in—orbit satellite assets upon the aunch of DIRECTV 98, currently expected * Relocting DIRECTV 2 o 91° W.L. atherthan $2° W L. will save fcl and therefore preserveas much ofthsatelite‘susefu!lifeas possible. * See D3 STA Order, 19 FCC Red. t 11089

in the second quarter of 2006."" Third, in the unlikely event that DIRECTV 8 were to experience a failure prior to launch of DIRECTV 98, DIRECTV has the right to terminate the Revised D3 Lease upon five days* writen notice and recall DIRECTV 3 for its own use in case of the failure of any DIRECTV satelite."". Accordingly, DIRECTV does not believe that the quality and reliability of its operations would be compromised by relocation of DIRECTV 2. Grant of the requested STA will not present any significant isk of interference to other satelites.. During the relocation of DIRECTV 2, the satellite‘s communications payload will remain inactive and only the TT&C payload will operate. " Under the terms of the D2 Lease, Telesat ultimately will assumefull TT&C responsibility for DIRECTV 2, with DIRECTV continuing to provide interim TT&C operations for the satellte from a DIRECTV—licensed earth station untl the necessary ground equipment is operational at Telesat‘s facilities."* Thus, as it has done with DIRECTV 3, Telesat will operate the satellite at 91° W.L. under an authorization from Industry Canada and in conformance with the parameters of ITU regulations and coordination obligations. DIRECTV has appliedfor authorit o lnch and operate DIRECTV 95 at the nomina101° W.L orbitl location. See FCC File No SAT—RPL—20050322—00070, In addiion to other capabilites, this satelite will rovideredandancy for both of DIRECTV‘s exisingspot beam satlltes, DIRECTV 45 and DIRECTV 75. !* See Revised D3 Lease atSection 20. Prirto thisreision, DIRECTV‘s righto reclaim thi satlite could only b triggered atethefaluroneo DIRECTV satelites. See Revised MOA, Extibit C at Section 51. Inaddbion, therearetwo other DIRECTV satellitesatthe 101° W.L. slothatcould e used to carry much ofthe taific n the event ofullure on DIRECTV 8. Bothofthee satelltes have many yearsof sefi life remaining and have operated normally for years 5 DIRECTV requestsauthorit to operate onthe following TTRC frequencis: 17303.0 MHz (wplin) and 12201.0 and 12202.25 MHe (downling). DIRECTV will coortinte with potentallyaffeted satelite opertors in accordance withindusty prctice,and will operate on a non—inteference bsis Since TT&C for DIRECTV 3 is conducted using different frequencies (17300.5 MHz (uplink) and 12201.5and 12202.75 Mite (downlinld), there is norik of nterferencebetweenthese two satlftes during thrbiefperiod ocollocatin atthe 91° W.L. position !*. See D2 Lease t Setion 14.

For the foregoing reasons, and to maximize the limited remaining usefulness o the DIRECTV 2 satellie, DIRECTV urges the Commission to grant the requested STA as expeditiously as possible. Respectfully submitted. Is\ James R. Butterworth Senior Vice President DIRECTV Enterprises, LLC October 18, 200


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