Attachment letter

letter

LETTER submitted by DIRECTV

letter

2007-01-19

This document pretains to SAT-STA-20061213-00149 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2006121300149_548380

HARR'S,                                                                         1200 EIGHTEENTH STREET, NW
                                                                                WASHINGTON, DC 20036

W”..TSHIRE     &                                                                TEL 202.730.1300   Fax 202.730.1301

ETT TNE
                                                                                WWW.HARRISWILTSHIRE.COM

                                                                                ATTORNEYS AT LAW




                                             January 19, 2007



    DELIVERY
    Marlene H. Dortch, Secretary         '                      Fil ED/ACCEE TED
    Federal Communications Commission                           1 MokabAF P ‘     ‘
                                                                       éi‘z?i «% % Egé’g
    445 Twelfth Street, S.W.
    Washington, DC 20554

           Re:      Information Update
                    SAT—STA—20061213—00149
                    SES—MFS—20061213—02157
                    SES—AMD—20070104—00009
                    SES—MFS—20061213—02158
                    SES—MFS—20061213—02162

    Dear Ms. Dortch:

             The applications referenced above relate to the proposed relocation of the
    DIRECTV 1R satellite from its current location at 101° W.L to 72.5° W.L., where it
    would operate pursuant to a Canadian authorization issued to Telesat Canada as a
    replacement for the DIRECTV 1 satellite now operating there. Pursuant to Section 1.65
    of the Commission‘s rules, this is to inform you that on January 18, 2007, Industry
    Canada approved Telesat Canada‘s plan to operate DIRECTV 1R at 72.5° W.L., and to
    operate DIRECTV 1 at another Canadian BSS orbital location (91° W.L.). A copy of
    that approval letter is enclosed herewith for inclusion in the record of these proceedings.

             If you have any questions, please do not hesitate to contact undersigned counsel.

                                                    Sincerely yours,



                                                    William M. Wiltshire
                                                    Counselfor DIRECTYVY Enterprises, LLC


    Enclosure


 Industrie Canada            industry Canada




                                                       Our file: 46215 (105263 RH)




Mr. Ted H. Ignacy
Chief Financial Officer
Telesat Canada
1801 Telesat Court
Gloucester, Ontario
K1B 5P4       __—"

Dear fi@        J —




           I refer to your letter of November 23, 2006 seeking approval of Telesat
Canada‘s (Telesat) plan to operate the DTV 1 and DTV 1R satellites at the Q1°W
and 72.5°Worbital positions, respectively. I also understand that in conjunction
with this plan, Telesat‘s arrangement for the use of the DTV 2 satellite will
terminate with the satellite returning to DirecTV.

          1 am pleased to provide you with the Department‘s approval of your
plan to use, pursuant to existing authorizations issued to Telesat Canada for the
use of DBS spectrum at the 91°Wand 72.5°Worbital positions, namely to
relocate the DTV 1 satellite to and operate it at the 91°Wposition and to procure
and locate and operate the DTV—1 R satellite at the 72.5°Worbital position.

           This approval is subject to the additional conditions of licence set out in
the attachment to this letter. In keeping with the June 2005 and January 2006
exchanges ofletters between Industry Canada and the Federal Communications
Commission of the United States respecting the operations of the DTV 1 and
DTV 2 satellites, and as prescribed in the applicable conditions of licence, please
ensure that advance notice is provided to Industry Canada of the termination of
existing arrangements. It should also be noted that further conditions of licence
may be required to give efféct to any understandings developed between Industry
Canada and any other administration respecting the proposed use of the satellites.

           Please note that nothing in this letter shall be construed as an approval
of any application submitted by Telesat Canada pursuant to Industry Canada‘s on—
going satellite licensing initiative. A separate response from Industry Canada will
deal with Telesat‘s request for an extension to its milestone deadline for placing a
new satellite in orbit at the 72.5°Worbital position. Lastly, in the event that




Canad4
                xi


                                        e

Telesat wishes to locate its Nimiq 2 satellite at the 72.5°W orbital position,
Telesat must obtain prior approval from Industry Canada.

          If you have any questions regarding this letter, please contact
Richard Hiebert at (613) 998—4333.

                                              Yours sincerely,




                                              Director General
                                              Radiocommunications and
                                              Broadcasting Regulatory Branch

Attachment


Attachment

         Licence Conditions for Telesat Canada‘s Use of Broadcasting Satellites
            {(DTYV1 and DTV 1R) at the °W and 72.5°W Orbital Positions

         Telesat shall ensure that the DTV 1 and DTV 1R spacecraft are under the direction or
         control of a Canadian entity as set out in section 3(3)(b) of the Radiocommunication
        Act.

         Telesat shall take all reasonable measures, barring catastrophic failure of satellite
?‘*’




         components, to maintain the capability to de—orbit the DTV 1 and DTV 1R spacecraft
         to orbits consistent with Recommendation ITU—R $.1003—1, Environmental Protection
         ofGeostationary—Satellite Orbit.

         Telesat shall inform Industry Canada, through the Director, Space and International
ta




         Regulatory Activities, at least four days in advance by written notice, of any planned
         termination or expiration of its arrangements for the use of the DTV 1 and DTV 1R
         satellites.

         Telesat shall operate the satellite within the provisions of the ITU Radio Regulations,
J




         Canadian legislative and regulatory requirements, and Departmental spectrum policies.

         a) With respect to operation ofthe DTV 1 satellite at the 91°W orbital position,
Li




         Telesat shall ensure that the collective operations of the satellite facilities at the 91°W
         orbital position are, at all times, in conformity with the Region 2 Plan of Appendices
         30 and 30A of the ITU Radio Regulations

         b) With respect to operation ofthe DTV 1R satellite at the 72.5°W orbital position,
         until such time as Canada has successfully modified the Region 2 Plan of Appendices
         30 and 30A of the ITU Radio Regulations, Telesat shall operate the satellite in
         conformity with the Region 2 Plan.

         c) Notwithstanding 5(a) and 5(b) above, to the extent that operations do not conform
         with the Region 2 Plan, such operations shall be on a no interference, no protection
         basis.

         All other conditions of licence respecting Telesat‘s use of the broadcasting satellite
         spectrum at the Q1°W and 72.5°Worbital positions shall apply to the operation of
         these satellites,



Document Created: 2007-02-01 12:19:12
Document Modified: 2007-02-01 12:19:12

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