Attachment DIRECTV-Grant Jan 21

DIRECTV-Grant Jan 21

DECISION submitted by IB,FCC

grant

2010-01-21

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

IBFS_SATSTA2009120200136_795772

$2796 File # _SPT— STR— 200 $1202—00136 SAT—STA—20091202—00136 182009007 DIRECTV Enterprises, LLC ; j‘" ~ P hse | ‘; D/%) $ Call Sign 52796 GrantDate_O!/21/l0 y J 8 (or other identifier) l(c,,m:.r)‘\ see attached Torm Dates PCA of Approved by OMB ions s ueh condit 30 as To: Ja 3060—0678 Trom sme | CRANTED* Date & Time Filed: Dec 2 2009 11:43:24:363AM [ International Bureau Approved: %@éfljA@MM File Number: SAT—STA—20091202—00136 *xsubject to conditions Sftegreh J.Duall Callsign: Chief/ Satellite Plicy Branch FEDERAL COMMUNICATIONS 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: Request for Special Temporary Authority for In—Orbit Testing of RB—2A (S2796) at 76 WL 1. Applicant Name: DIRECTV Enterprises, LLC Phone Number: 301—663—0053 DBA Name: Fax Number: 240—358—0569 Street: 2230 E. Imperial Hwy E—Mail: jwengryniuk@directv.com CA/LAI/N340 City: El Segundo State: CA Country: USA Zipcode: 90245 —— Attention: Jack Wengryniuk

ATTACHMENT Conditions of Authorization IBFS File No. SAT—STA—20091202—00136 Call Sign $2796 Grant Date: January 21, 2010 The request of DIRECTV Enterprises, LLC (DIRECTV) for special temporary authority (STA), IBFS File No. SAT—STA—20091202—00136, IS GRANTED. Accordingly, for a period of 30 days commencing on the date that the RB—2A space station (Call Sign $2796) arrives at the 76° W.L. orbital location, DIRECTV is authorized to conduct in—orbit testing using the 17.3—17.8 GHz (space—to—Earth) and 24.75— 25.15 GHz (Earth—to—space) frequency bands. This authorization is granted in accordance with the terms, conditions, and technical specifications set forth in DIRECTV‘s application and supplement, the conditions set forth in this Attachment, and the Commission‘s rules. 1. Authority to conduct telemetry, tracking, and telecommand (TT&C) for the DIRECTV 12/RB—2A satellite at the 76° W.L. orbital location is authorized under IBFS File No. SAT—STA— 20091201—00132, Call Sign $2797 (granting with conditions TT&C operations on the 29255.00 MHz and 29497.00 MHz command uplinks and the 18302.25 MHz and 18302.75 MHz telemetry and beacon downlinks). 2. All operations shall be on an unprotected and non—harmful interference basis, i.e., DIRECTV shall not cause harmful interference to, and shall not claim protection from interference caused to it, by any other lawfully operating radiocommunication system. 3. In the event of any harmful interference as a result of the operations of the RB—2A space station during in—orbit testing at the 76° W.L. orbital location, DIRECTV shall cease operations immediately upon notification of such interference and shall immediately inform the Commission, in writing, of such an event. 4. DIRECTV shall notify the Chief of the Satellite Division, International Bureau, Federal Communications Commission, in writing, on the date that the DIRECTV 12/RB—2A satellite arrives at the 76° W.L. orbital location. This letter shall indicate the date and time that DIRECTV intends to commence in—orbit—testing of the RB—2A space station, (Call Sign $2796). Courtesy copies of this filing shall be sent via email to Chip.Fleming@fee.gov and Mark.Young@fee.gov. 5. During in—orbit testing, DIRECTV shall maintain the DIRECTV 12/RB—2A satellite within an east/west longitudinal station—keeping tolerance of + 0.05 degrees of the 76° W.L. orbital location. 6. Operations of the RB—2A space station at the 76° W .L. orbital location are limited to in— orbit testing, and shall not include any provision of commercial services. 7. DIRECTV IS GRANTED, with conditions, a waiver of Section 25.208(w) of the Commission‘s rules, 47 C.F.R. § 25.208(w). This section states that the power flux density at the Earth‘s surface produced by emissions from a 17/24 GHz BSS space station operating in the 17.3—17.7 GHz band for all conditions, including clear sky, and for all methods of modulation shall not exceed a power flux density level of —121 dBW/m"/MHz in the region of the contiguous United States located west of 100° W.L., and shall not exceed a regional power flux density level of —115 dBW/m"/MHz for all regions outside of the contiguous United States including Alaska. In its application for special temporary authority for in—orbit testing, DIRECTV states that it will exceed the power levels stated in its application

for launch and operation authority by up to 12 dB for short periods of time during transponder gain transfer testing. The underlying purpose of Section 25.208(w) is to protect 17/24 GHz BSS consumer antennas from unforeseen levels of interference from 17/24 GHz space stations adjacent to the space station toward which the consumer antenna is pointed.‘ Currently, there are no 17/24 GHz BSS consumer antennas deployed in the U.S. that would be susceptible to such interference, nor are there any other operational 17/24 GHz BSS space stations serving the U.S. within +20 degrees of 76° W.L. Thus, granting a waiver of Section 25.208(w) in this instance will not undermine the purpose of the rule and serves the public interest by allowing DIRECTV to gather test data on its RB—2A space station. 8. Consistent with the requirements of Section 25.273 of the Commission‘s rules, 47 C.F.R. § 25.273, DIRECTV shall notify EchoStar Corporation of the frequencies and the dates and times at which it intends to conduct transponder gain transfer testing on the RB—2A space station as described in paragraph 7. This notification shall be transmitted to EchoStar by email to David Bair, david.bair@echostar.com, with a courtesy copy to Linda Kinney, linda.kinney @echostar.com, at least 24 hours prior to each instance of such testing. 9. In 2009, the Commission granted DIRECTV authority to construct, launch, and operate a 17/24 GHz BSS space station at the 102.825° W.L. orbital location. DA 09—1624 (Int‘l Bur. 2009) (granting IBFS File Nos. SAT—LOA—20060908—00100, SAT—AMD—20080114—00014, and SAT—AMD— 20080321—00077, Call Sign $2712). Spectrum Five LLC (Spectrum Five) has filed a petition for reconsideration relating to DA 09—1624. Subsequently, the Commission granted DIRECTV authority to construct, launch, and operate a 17/24 GHz BSS space station at the 102.765° W.L. orbital location. DA Nos. 09—2607, DA 10—89 (granting IBFS File No. SAT—LOA—20090807—00085, Call Sign $2796). On January 19, 2010, Spectrum Five filed a petition for reconsideration relating to grant of IBFS File No. SAT—LOA—20090807—00085. Our grant of IBFS File No. SAT—STA—20091202—00136 (Call Sign $2796) authorizing DIRECTV to conduct in—orbit testing of the DIRECTV RB—2A space station is without prejudice to any action relating to Spectrum Five‘s pending petitions for reconsideration. 10. Any action taken or expense incurred as a result of operations pursuant to this STA is at DIRECTV‘s own risk. 11. DIRECTV is afforded 30 days from the date of release of this authorization to decline this authorization as conditioned. Failure to respond within this period will constitute formal acceptance of the authorization as conditioned. 12. This action is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective immediately. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission‘s rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken. File #_SAT— S®— 20912 062—00136 Call Sign _§273@ Grant Date OI/Z—\/’O (or other identifier) See c\‘Ha(hed Term Dates PEV‘lOd OF Prop: _Corditions 30 d“JS y /@L j?@j S%ephen 3. Duat] ‘ The Establishment of Policies and Serv1ce Rules for the BroaacastmgSatelhte Service at the17.3—17.7 GHz Chief, Sateliile Pol i [‘;a?\é‘(\j Frequency Band and at the 17.7—17.8 GHz Frequency Band Internationally, and at the 24.75— 25.25 GHz Frequency Band for Fixed Satellite Services Providing Feeder Links to the Broadcasting—Satellite Service and for the Satellite Services Operating Bi—directionally in the 17.3—17.8 GHz Frequency Band, Report and Order, 22 FCC Red. 8842, 8882, paras. 97—101 (2007).

2. Contact Name: William M. Wiltshire Phone Number: 202—730—1350 Company: Wiltshire & Grannis LLP Fax Number: _ 202—730—1301 Street: 1200 18th Street, NW E—Mail: wwiltshire@wiltshiregrannis.com City: Washington State: DC Country: USA Zipcode: 20036 — Attention: William M. Wiltshire Relationship: 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 SATLOA2009080700085 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). 3 Governmental Entity {£74 Noncommercial educational licensee Other(please explain): 4b. Fee Classification CRY — Space Station (Geostationary) 5. Type Request Change Station Location {} Extend Expiration Date @ Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 76 W.L.

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.) DIRECTV Enterprises, LLC requests Special Temporary Authority to locate the RB—2A satellite at the: 76 degree W.L. orbital location toconduct in—orbit testing for up to 30 days . 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject Yes £4 No to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act of 1988, 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 11. Title of Person Signing James Butterworth Senior Vice President 12. Please supply any need attachments. Attachment 1: STA Request Attachment 2: Attachment 3: WILLEFUL 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 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).

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 PRA@fce.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.

W WILTSHIRE & GRANNIS us December 2, 2009 BY ELECTRONIC FILING Marlene H. Dortch Secretary Federal Communications Commission 445 Twelfth Street, S.W. Washington, DC 20554 Re: Requestfor Special Temporary Authorityfor In—Orbit Testing of DIRECTVYRB—2A at 76° W.L. Dear Ms. Dortch: DIRECTV Enterprises, LLC ("DIRECTV") hereby requests Special Temporary Authority ("STA") to conduct in—orbit testing of DIRECTV RB—2A (call sign $2796) at the 76° W.L. orbital location. As described in the underlying application,‘ DIRECTV RB—2A is a 17/24 GHz BSS payload that is part of the DIRECTV 12 satellite. As such, DIRECTV desires to conduct in—orbit testing ("IOT") of this payload while DIRECTV 12 is located at 76° W.L. for its Ka—band payload IOT. DIRECTV 12 is currently scheduled for launch in late December 2009. This STA will cover a period of approximately 30 days, which DIRECTV requests be keyed to become effective upon DIRECTV 12‘s arrival at 76° W.L. DIRECTV 12, with the DIRECTV RB—2A payload, is currently at the launch site being readied for launch later this month. DIRECTV desires to conduct IOT for approximately four weeks before moving the satellite to its licensed position to begin commercial operations. Specifically, DIRECTV contemplates the following schedule [with approximate dates indicated in brackets]: * After launch and orbit raising maneuvers, DIRECTV 12 (with the DIRECTV RB—2A payload) will be located at 76° W.L. [no earlier than about February 15, 2010]. ‘ See IBFS File No. SAT—LOA—20090807—00085. 1200 18TH STREET, NW | suite 1200 | wasHington. DC 20036 | TE 202—730—7300 | Fax 202—730—1301 | WiILTSHIREGRANNIS.COM

WILTSHIRE & GRANNIS LLP Marlene H. Dortch December 2, 2009 Page 2 of 2 * After the satellite reaches 76° W.L., DIRECTV will then integrate IOT of the DIRECTV RB—2A payload with that of the DIRECTV 12 Ka—band payload during the approximately 4 weeks that the satellite will remain at this location. + After all IOT is completed, DIRECTV 12 will then be drifted to its assigned location over the course of approximately 20 days [reaching that orbital position no later than about May 5, 2010]. In order to address the timing uncertainties normally associated with positioning a spacecraft after launch, DIRECTV requests that the STA become effective upon the arrival of DIRECTV 12 at 76° W.L. Operation and testing of DIRECTV RB—2A during IOT will consist of performance verification testing of the transponders and antenna pattern verification testing. During this testing, unmodulated CW carriers will be used to generate swept frequency response and gain transfer characteristics of the tested transponders. The maximum value of transmit power used during this testing will be consistent with the DIRECTV RB—2A application, except for short periods of time during gain transfer when the maximum transmit power could exceed that value by up to 12 dB. This testing will not result in harmful interference to other satellite systems as there are no other co— frequency satellites operating in this frequency band. Furthermore, DIRECTV is prepared to terminate all testing operations immediately upon notification from the Commission that its operations cause harmful interference to any authorized user of the spectrum. Grant ofthis STA request will serve the public interest by allowing DIRECTV to test the DIRECTV RB—2A payload to ensure that it is fully operational and ready to begin providing service to millions of DIRECTV subscribers from the satellite‘s licensed orbital location. Allowing DIRECTV to test the satellite at 76° W.L. will serve the public interest by minimizing the risk of interference. Accordingly, and in light of the impending launch date, DIRECTV requests the expeditious grant of special temporary authority. Abellbe.1. es Respectfully submitted, William M. Wiltshire Counsel to DIRECTY Enterprises, LLC


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