Attachment grant

grant

DECISION submitted by IB,FCC

grant

2007-11-14

This document pretains to SAT-STA-20070830-00118 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2007083000118_605698

Approved by OMB 3060-0678 Date & Time Filed: Aug 30 2007 4:21:40:850PM File Number: SAT-STA-20070830-00118 FEDERAL C O M M U N I ~ T I O N COMMISSION S 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: STA for SPACEWAY 3 IOT -- V2 1. Applicant Name: Hughes Communications, Inc. Phone Number: 301-428-5506 DBA Name: Fax Number: 301-428-2802 Street: 117 17 Exploration Lane E-Mail: sdoiron@hns.com City: Germantown State: MD Country: USA Zipcode: 20876 - Attention: Mr Steven Doiron 1

Attachment File No. SAT-STA-20070830-00118 November 14,2007 Hughes Communications, Inc.'s request, File No. SAT-STA-20070830-00 1 18, IS GRANTED, and Hughes Communications, Inc. (Hughes) IS AUTHORIZED, for a period of 30 days, from NovemberlS, 2007 to December 14,2007, to operate the SPACEWAY 3 satellite (call sign: S2663) at the 94.95" W.L. orbital location in the 29.5-30.0 GHz (Earth-to-space) and 19.7- 20.2 GHz (space-to-Earth) Ka-band frequencies, to provide in-orbit testing. Additionally, Hughes IS AUTHORIZED to conduct space station Telemetry, Tracking, and Control (TT&C) operations on SPACEWAY 3 necessary to effect operation at the 94.95" W.L. orbital location, subject to the following conditions: 1. All operations shall be on an unprotected and non-harmful interference basis, i.e., Hughes shall not cause harmful interference to, and shall not claim protection from interference caused to it by, any other lawfully operating radiocommunication system. 2. Testing authority is limited to those frequencies for which the SPACEWAY 3 satellite is authorized under call sign S2663. 30 / 3. Hughes shall coordinate its test and TT&C operations with all potentially affected -2 lawfully operating satellite networks to ensure that no unacceptable interference results from its test operations at 94.95' W.L. Hughes' operations at 94.95' W.L. under this authorization shall be limited solely to in-orbit test operations and shall not include the provision of commercial services. In the event of any harmfiil interference as a result of Hughes's operations at the 94.95" W.L. orbital location, Hughes shall cease operations immediately upon ification of such interference and shall inform the FCC, in writing, immediately of 4.95" W.L. orbital location, Hughes shall maintain the SPACEWAY 3 t/west longitudinal station-keeping tolerance of 0.05 degrees. result of the launch and operation of SPACEWAY 3 are solely 2 ?If jx ry ughes shall notifj the through a letter in writing no later than seven days after it has completed testing of SPACEWAY 3. 9i-qTIiis action is issued pursuant to Section 0.261 of the Commission's rules on delegated '. 3authority, 47 C.F.R. 5 0.26 1, and is effective immediately. Petitions for ' Treconsideration under Section 1.106 or applications for review under Section 1.1 15 of . the Commission's rules, 47 C.F.R. $5 1.106, 1.1 15, may be filed within 30 days of the date of the public notice indicating that this action was taken. 10. Hughes has 30 days from the date 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.

2. Contact Name: Stephen D. Baruch Phone Number: 202-416-6782 Company: Leventhal Senter & Lerman PLLC Fax Number: 202-429-4626 Street: 2000 K Street, N.W. E-Mail: sbaruchalsl-1aw.com Suite 600 City: Washington State: DC Country: USA Zipcode: 20006 - Attention: Relations hip : Legal Counsel (If your application is related to an application filed with the Commission, enter either the file number or the IB Submission ID of the related application. Please enter only one.) 3. Reference File Number or Submission ID 4a. Is a fee submitted with this application? @ IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). 0 Governmental Entity 0 Noncommercial educational licensee 0 Other(p1ease explain): I4b. Fee Classification CRY - Space Station (Geostationary) 5. Type Request Q Change Station Location Q Extend Expiration Date Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 2

8. Description (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) Hughes Communications, Inc. (Hughes) requests special temporary authority f o r in-orbit testing of the SPACEWAY 3 satellite, commencing November 15, 2007. See Exhibit. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject Yes to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti-Drug Act of 1988, 0 No 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 "party to the application" for these purposes. 10. Name of Person Signing 1 1. Title of Person Signing Steven Doiron Senior Director, Regulatory Affairs Attachment 1 : Narrative Exhibit Attachment 2: Attachment 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 3 12(a)(l)),AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). 3

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@fcc.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. 4

Hughes Communications, Inc. FCC Form 312 - STA Narrative Exhibit August 2007 REOUEST FOR SPECIAL TEMPORARY AUTHORITY Call Sign: S2663 Hughes Communications, Inc. (“Hughes”) hereby requests Special Temporary Authority (“STA”) beginning on November 15, 2007, and continuing for 30 days thereafter (to December 15, 2007) to operate its authorized SPACEWAY 3 satellite (Call Sign S2663) for in-orbit testing purposes at a power level on one downlink carrier that is greater than the downlink power level that is authorized in Hughes’ license for the space station. See Hughes Communications, Inc., File No. SAT-MOD-20060306-00025 (Stamp Grant, June 29, 2006) and File No. SAT-MOD-20060901 -00093 (Stamp Grant, Sept. 29, 2006). The instant request is substantively identical to the STA request Hughes filed on July 20,2007 in File No. SAT-STA-20070720-00 106 (“July STA Request”), with the exception that the commencement date is now November 15, 2007, rather than August 14,2007. SPACEWAY 3, a Ka-band fixed-satellite service (“FSS”) satellite to be located at 94.95” W.L., was successfully launched from Kourou, French Guiana on August 14, 2007, and is currently undergoing orbit-raising maneuvers. SPACEWAY 3 is scheduled to arrive on station at 94.95” W.L. sometime in late October 2007 or early November, and be ready for commencement of payload testing on November 15,2007. Once on station, Hughes will be conducting a series of tests on the payload and associated telemetry, tracking, and command (“TT&C”) systems. During one of the tests, the satellite will be rocked on its axis in order to measure the antenna pattern of the communications downlink antenna. To perform this test, Hughes will need to generate a high power, unmodulated carrier at a frequency of 19.95 GHz and an EIRP of 70 dBW. Furthermore, during the test, the payload antenna cannot be used to command the spacecraft, so it must be commanded via the satellite’s omnidirectional TT&C antenna. This, in turn, requires that the command carrier operate at a power of up to 93 dBW for the duration of the test - which would take place intermittently during the in-orbit testing. Following the successful completion of the test, the satellite will then operate exclusively within authorized parameters. Operation and testing of SPACEWAY 3 during the above-described test will not result in harmful interference to any other satellite networks. The only other co- frequency spacecraft located within six degrees of longitudinal separation from SPACEWAY 3 at 94.95”W.L. are the SPACEWAY 2 satellite operated by DirecTV Enterprises, LLC at 99.2” W .L., and the Galaxy 28 satellite operated by Intelsat LLC at 89” W.L. Hughes has coordinated the proposed temporary operation of SPACEWAY 3 at higher power on 19.95 GHz with Intelsat LLC and with DirecTV Enterprises. In any event, all operations under this STA that are at variance with the underlying licenses for 247041 : vl

the subject earth stations will be performed on a non-harmful interference basis, and Hughes is prepared to terminate all such operations immediately upon notification from the Commission that harmful interference is being caused thereby to any authorized user of the frequency band. No additional changes to the remaining authorized transmitting and receiving frequency bands are requested by this request for Special Temporary Authority. Grant of the requested Special Temporary Authority will serve the public interest by ensuring that Hughes' SPACE WAY 3 satellite is fully operational and in good working order, and that once on station, the satellite can begin to make productive use of the valuable spectrum and orbital resources as soon as possible. Adding new Ka-band fixed-satellite service capacity for the provision of commercial services to customers in the United States is very much in the public interest. Hughes is submitting this request pursuant to Section 25.120(b)(4) of the Commission's rules, 47 C.F.R. 25.120(b)(4), and is doing so more than three business days in advance of the requested commencement date. For all of the foregoing reasons, Hughes respectfully requests that the Commission grant this request for Special Temporary Authority to operate the SPACEWAY 3 satellite at variance from its underlying spacecraft authorization for in- orbit testing purposes for a period of 30 days, commencing November 15,2007. 247041 : vl


Document Created: 2007-11-14 16:41:46
Document Modified: 2007-11-14 16:41:46
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