Response to S5 Opp t

REPLY submitted by DIRECTV Enterprises, LLC

Response to S5 Opp to IOT STA

2010-01-04

This document pretains to SAT-STA-20091202-00136 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2009120200136_792483

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 w No Nt Nt Nt N N) N) N) In the Matter of DIRECTV ENTERPRISES, LLC File No. SAT—STA—20091202—00136 Call Sign: $2796 Request for Special Temporary Authority For In—Orbit Testing of DIRECTV RB—2A At 76° W.L. RESPONSE OF DIRECTV ENTERPRISES, LLC DIRECTV Enterprises, LLC ("DIRECTV") hereby responds to the Opposition filed by Spectrum Five LLC ("Spectrum Five") to its request for special temporary authority ("STA") for in—orbit testing ("IOT") of DIRECTV RB—2A at the 76° W.L. orbital location.‘ Spectrum Five contends that "there is no conceivable reason" why this STA should be granted, given that the Commission has not yet granted operating authority for DIRECTV RB—2A and there are no other 17/24 GHz BSS space stations in operation at any orbital location that would prevent testing at another location at a later date." As discussed below, however, denying authority to test this payload now would ultimately result in disruption of Ka—band service for millions of DIRECTV subscribers — a result that manifestly would not serve the public interest. Conversely, granting the requested STA would avoid such disruption and would not result in harmful interference to any co—primary user of the relevant bands. Accordingly, the STA should be granted expeditiously. ‘ _Opposition of Spectrum Five LLC, IBFS File No. SAT—STA—20091202—00136 (Dec. 23, 2009) ("Opposition"). 2 Id. at 1—2.

DIRECTV RB—2A, a 17/24 GHz BSS payload, is part of the DIRECTV 12 Ka—band satellite that was successfully launched on December 28, 2009." DIRECTV has sought STAs for IOT of both the 17/24 GHz BSS and Ka—band communications payloads on the space station at the 76° W.L. orbital location." During IOT of DIRECTV 12, the satellite will be biased (or oriented) such that each Ka—band beam will be successively positioned over DIRECTYV‘s broadcast center located in Castle Rock, Colorado." Similarly, in order to conduct IOT of DIRECTV RB—2A‘s spot beams, the satellite will have to be biased so that the beam being tested is positioned over DIRECTV‘s Northwest Uplink Facility ("NWUF") located in Moxee, Washington." Spectrum Five‘s Opposition implies that, because at present there are no other operational 17/24 GHz satellites, nothing would prevent DIRECTV from testing the DIRECTV RB—2A payload at a later date at its requested operational location of 103° W.L rather than testing it now at 76° W.L.‘ This assertion overlooks the fact that, once the space station reaches the 103° W.L. orbital location, DIRECTV will immediately begin using the Ka—band payload to enhance its offering to subscribers with a 50% increase in HD capacity nationwide.°" Needless to say, once that service has begun, DIRECTV would not be able to bias the satellite in the way The International Bureau granted launch authority for DIRECTV RB—2A, but deferred a decision on operational authority. See Grant Stamp, IBFS File No. SAT—LOA—20090807—00085 (Int‘l Bur., Dec. 15, 2009). * See IBFS File No. SAT—STA—20091201—00132 (Ka—band IOT). * See Letter from William M. Wiltshire to Marlene H. Dortch, IBFS File No. SAT—STA—20091201—00132, at 1 (Dec. 3, 2009). © See Letter from William M. Wiltshire to Marlene H. Dortch, IBFS File No. SAT—STA—20091202—00136, at 1 (Dec. 17, 2009) ("December 17 Letter"). Opposition at 2. 8 DIRECTV has been granted operational authority for the DIRECTV 12 Ka—band payload at 103° W.L. See Grant Stamp, IBFS File No. SAT—LOA—20090807—00086 (Int‘l Bur., Dec. 15, 2009).

necessary to place the DIRECTV RB—2A spot beams over the NWUF facility without disrupting service to millions of subscribers from its Ka—band payload — and thereby seriously prejudicing the public interest." Accordingly, this case clearly presents the type of special circumstances that justify grant of the requested STA." Spectrum Five also notes the fact that IOT of DIRECTV RB—2A will involve short periods during which transmissions may exceed the applicable power flux—density ("PFD") limit in Section 25.208(w)(3)."‘ Although Spectrum Five apparently believes that this fact argues against grant of the STA, it does not explain why that should be the case. As DIRECTV pointed out — and Spectrum Five does not dispute —— the sole purpose of the PFD limit in Section 25.208(w)(3) is to protect adjacent 17/24 GHz BSS systems from each other."" Since (as Spectrum Five‘s Opposition confirms) there are no other 17/24 GHz BSS space stations at any orbital position with which DIRECTV RB—2A could interfere, a PFD exceedance for a minimal amount of time over a very limited geography will have no material effect whatsoever on any other party. In addition, failure to test and confirm the performance characteristics of the 17/24 GHz BSS payload would complicate passage of title over the spacecraft from the manufacturer (Boeing) to DIRECTV. i9 See 47 C.F.R. § 25.120(b)(1). Opposition at 2. See December 17 Letter at 2 (citing Establishment ofPolicies and Service Rulesfor the Broadcasting Satellite Service at the 17.3—17.7 GHz Frequency Band and at the 17.7—17.8 GHz Frequency Band Internationally, and at the 24.75—25.25 GHz Frequency Bandfor Fixed Satellite Services Providing Feeder Links to the Broadcasting—Satellite Service andfor the Broadcasting Satellite Service Operating Bi—directionally in the 17.3— 17.7 GHz Frequency Band, 22 FCC Red. 8842, ( 97—101 (2007)).

Accordingly, the Commission should reject Spectrum Five‘s Opposition and grant the requested STA. Respectfully submitted, /s/ William M. Wiltshire Michael D. Nilsson WILTSHIRE & GRANNIS LLP 1200 Eighteenth Street, N.W. Washington, DC 20036 202—730—1300 Counsel to DIRECTY Enterprises, LLC January 4, 2010

CERTIFICATE OF SERVICE I hereby certify that, on this 4th day of January 2010, a copy of the foregoing Response was served by hand delivery upon: Howard W. Waltzman Adam C. Sloane Mayer Brown LLP 1909 K Street, N.W. Washington, DC 20006 David Wilson President Spectrum Five LLC 1776 K Street, N.W. Suite 200 Washington, DC 20006 /s/ Meagan Lewis


Document Created: 2010-01-04 12:05:29
Document Modified: 2010-01-04 12:05:29
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