Attachment Request

This document pretains to SES-MOD-20170105-00005 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2017010500005_1163097

                                Request for Modification

DIRECTV Enterprises, LLC (“DIRECTV”) seeks to modify its Castle Rock, Colorado
Earth Station, Call Sign E070027, to add the 25.05-25.13 GHz band frequencies to
DIRECTV’s existing authorization. DIRECTV is currently authorized to operate in the
24.75−25.05 GHz band. This modification simply seeks to add an additional 80 MHz
from 25.05-25.13 GHz to allow this earth station to communicate more fully with
DIRECTV’s 17/24 GHz Broadcasting Satellite Service (“BSS”) satellites. Other than
this change, the information in the current authorization remains unchanged and is
incorporated by reference.1

To the extent necessary, DIRECTV seeks waiver of Section 25.203(l) of the
Commission’s rules, which states that earth stations operating in the 25.05–25.25 GHz
band may be licensed only in Economic Areas where no existing fixed service licensee
has been authorized.2 DIRECTV seeks to operate an earth station in an area where a
fixed service (“FS”) licensee has been authorized; however, not in the same frequencies.
Because of frequency diversity, DIRECTV can operate in the same economic area
without causing harmful interference to the FS licensee.

DIRECTV’s Castle Rock facility falls within the Denver-Boulder Economic Area (“EA”)
used for licensing 24 GHz FS systems. According to the Commission’s electronic
database, only one terrestrial license has been issued for that area in a portion of the
relevant frequencies to FiberTower Spectrum Holdings LLC (“FiberTower”).3 Call Sign
WQCJ304 was purchased at auction in 2004, and authorizes operations throughout the
EA using the 25.13-25.17 GHz portion of this band.4 That license remains in force, and
will not expire until March 2025.

In the BSS R&O, the Commission established procedures for licensing of 17/24 GHz
feeder link earth stations, subject to coordination with 24GHz FS licensees when
warranted.5 In doing so, however, the Commission said that its rules would “presume[]

1
     See File Nos. SES-MOD-20150424-00274 (granted Jul. 14, 2015) and SES-
MOD-20121212-01095 (granted Jan. 6, 2014).
2
       47 C.F.R. § 25.203(l).
3
       There are no co-frequency terrestrial licenses that would provide a basis to block
DIRECTV’s use the spectrum. The only existing terrestrial license in the Denver EA
does not cover the same frequencies requested in this application. Although previously
there was a license for DEMS service in the 25090-25130M MHz band in the Denver
EA, it was terminated in 2012 for failure to demonstrate substantial service. See
FiberTower Spectrum Holdings, LLC, Memorandum Opinion and Order, 27 FCC Rcd
13562 (WTB 2012), affirmed FCC 13-67 (May 7, 2013).

4
       See Call Sign WQCJ304.
5
       See Establishment of Policies and Service Rules for 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 Band for Fixed Satellite Services
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that the earth station’s location is outside of the 24 GHz FS license area,” and further
stated that it does not “intend to license 17/24 GHz BSS feeder links to operate in an
existing 24 GHz FS license area.”6 In implementing this decision, Section 25.203(l)
states that 17/24 GHz BSS feeder link earth stations operating in the 25.05-25.25 GHz
band “may be licensed only in Economic Areas where no existing FS licensee has been
authorized.”7 DIRECTV has asked the Commission to clarify that this rule does not
prohibit licensing of 17/24 GHz BSS earth stations in areas licensed to 24 GHz FS
operations for frequencies not covered by such terrestrial authorizations.8 No one
opposed this clarification request, but it remains pending.

DIRECTV requests a waiver of Section 25.203(l) so that it may operate in the 25.05-
25.13 GHz band. The Commission may grant a waiver for good cause shown.9 Grant of
this waiver would serve the public interest by allowing DIRECTV to operate in the
Denver EA without causing harmful interference to any FS licensee. Currently fallow
and unlicensed spectrum will to be put to productive use in support of DIRECTV’s
launch of service to millions of subscribers nationwide in the 17/24 GHz BSS band.
Moreover, grant of the waiver would not undermine the purpose of the rule, as
FiberTower would retain all the rights and ability to operate in its licensed spectrum
throughout the EA that it currently enjoys, because, through spectrum separation,
DIRECTV can operate without causing any harmful interference to FiberTower’s
operations.

FiberTower is not licensed to use the 25.05-25.13 GHz band in the Denver EA. Thus,
there is no spectrum overlap with DIRECTV’s proposed operation. As such, there is no
reason for FiberTower’s license to block DIRECTV from making full use of this
spectrum in this EA. As noted above, DIRECTV has asked the FCC to clarify that the
Section 25.203(l) licensing restrictions were not intended to prohibit licensing of 17/24
GHz BSS earth stations in areas licensed to 24 GHz FS operations for frequencies not
covered by such terrestrial authorizations, but this request remains pending.10

For the foregoing reasons, DIRECTV requests that the Commission grant the requested
modification application, and the waiver, to authorize DIRECTV to operate its uplink
earth station over the frequencies from 25.05-25.13 GHz.



Providing Feeder Links to the Broadcasting-Satellite Service and for the Broadcasting
Satellite Service Operating Bi-directionally in the 17.3-17.7 GHz Frequency Band, 22
FCC Rcd. 8842 (2007) (“BSS R&O”).
6
        Id. at ¶ 127.
7
        47 C.F.R. § 25.203(l).
8
        See Petition for Reconsideration of DIRECTV, Inc., IB Docket No. 06-123 (filed
Sep. 28, 2007).
9
        47 C.F.R. § 1.3.
10
        See supra note 8.

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Document Created: 2017-01-05 09:40:29
Document Modified: 2017-01-05 09:40:29

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