Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | File Nos.                    |
|                                  | *) | SAT-MOD-20050513-00100       |
| DIRECTV Enterprises, LLC         | ** |                              |
|                                  |    | SAT-MOD-20050513-00101       |
| Applications for Modification of | *  |                              |
| Assigned Orbital Location of the | *) | Call Signs: S2132; S2632     |
| the DIRECTV 8 (K) Ka-            | ** |                              |
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| Band Payload and DIRECTV 8 (D)   | *  |                              |
| DBS                              | *) |                              |
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| Payload from 100.85º W.L. to     |    |                              |
| 100.75º W.L.                     | *  |                              |
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**ORDER**

**Adopted:** October 07, 2005 **Released:** October 07, 2005

By the Deputy Chief, Satellite Division, International Bureau:

# introduction

1.  By this Order, we modify the authorizations of DIRECTV Enterprises,
    LLC (DIRECTV) for its Direct Broadcast Satellite (DBS) space station
    and Fixed Satellite Service (FSS) Ka-band[^1] space station[^2] on
    the DIRECTV 8 Geostationary Satellite Orbit (GSO) satellite to allow
    for relocation of the DIRECTV 8 satellite from the 100.85º W.L.
    orbital location[^3] to the 100.75º W.L. orbital location.[^4] In
    doing so, as explained below, we decline to condition this grant on
    DIRECTV's successful coordination of the DIRECTV 8 satellite with
    the satellites of Mobile Satellite Ventures Subsidiary, LLC (MSV) at
    the nominal 101º W.L. location, as sought by MSV.[^5] Grant of these
    applications will result in the efficient deployment of orbital
    resources and reduce the stationkeeping burden on DIRECTV.

# background

2.  In 2004, the Commission authorized DIRECTV to operate two separate
    space stations on the DIRECTV 8 satellite at the 100.85º W.L.
    orbital location. One authorization is for a DBS space station (Call
    Sign S2632) and one is for a Ka-band FSS space station (Call Sign
    S2132).[^6] The DBS space station is authorized to operate on the 16
    odd-numbered channels between 1 and 31 inclusive in the 12.2--12.7
    GHz (space-to-Earth) and 17.3--17.8 GHz (Earth-to-space) frequency
    bands. The Ka-band FSS space station is authorized to operate in the
    18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth),
    28.35-28.6 GHz (Earth-to-space), and 29.25-30.0 GHz (Earth-to-space)
    frequency bands. Under its authorization, DIRECTV 8 is assigned to
    the 100.85º W.L. orbital location with ±0.05º longitudinal
    stationkeeping, *i.e.*, DIRECTV 8 currently has an authorized
    longitudinal range of 100.80º W.L. to 100.90º W.L.

3.  Six in-orbit satellites are authorized to operate at assigned
    locations within 0.25 degrees of the 101º W.L. location, including
    DIRECTV 8. Specifically, MSV's in-orbit satellite, AMSC-1, is
    authorized to operate at the 100.95º W.L. orbital location with
    ±0.05º longitudinal stationkeeping.[^7] AMSC-1 therefore has an
    authorized longitudinal range of 100.90º W.L. to 101.00º W.L.
    DIRECTV's DIRECTV 1R satellite is authorized at the 100.85º W.L.
    orbital location with ±0.05º longitudinal stationkeeping, *i.e.*,
    DIRECTV 1R currently has an authorized longitudinal range of 100.80º
    W.L. to 100.90º W.L.[^8] DIRECTV's DIRECTV 4S satellite is
    authorized at the 101.20º W.L. orbital location with ±0.05º
    longitudinal stationkeeping, thus DIRECTV 4S has an authorized
    longitudinal range of 101.15º W.L. to 101.25º W.L. SES Americom has
    a satellite, AMC-4, that is authorized to operate at the 101.00º
    W.L. orbital location with ±0.05º longitudinal stationkeeping, thus
    AMC-4 has an authorized longitudinal range of 101.05º W.L. to
    100.95º W.L.[^9] DIRECTV's DIRECTV 2 satellite is authorized to
    operate at the 100.8º W.L. orbital location. Recently, DIRECTV
    requested and received an STA to move DIRECTV 2 to 100.6º W.L. in
    anticipation of transferring traffic from DIRECTV 2 to DIRECTV
    8.[^10] In addition to the in-orbit satellites, one satellite is
    authorized to operate within 0.25 degrees of the 101º W.L. orbital
    location but is not yet launched. Specifically, on May 23, 2005, the
    Commission granted MSV's application for MSV-1 to be located at the
    101.0º W.L. orbital location with ±0.05º longitudinal
    stationkeeping, thus MSV-1 has an authorized longitudinal range of
    100.95º W.L. to 101.05º W.L. The MSV-1 satellite is expected to be
    launched in 2010. Other applications to launch and operate
    satellites at assigned locations within 0.25 degrees of the 101º
    W.L. orbital location remain pending at the Commission.[^11]

4.  On May 13, 2005, DIRECTV filed two applications -- one for each
    space station -- seeking authority to relocate the DIRECTV 8
    satellite from the 100.85º W.L. location to the 100.75º W.L.
    location.[^12] DIRECTV's applications were placed on public notice
    as accepted for filing on June 10, 2005.[^13] On May 31, 2005, MSV
    filed comments requesting us to condition grant of the DIRECTV 8
    relocation upon DIRECTV's successful coordination of DIRECTV 8 with
    MSV's satellites at the same orbital location.[^14] On September 22,
    2005, DIRECTV filed an *ex parte* letter stating that such a
    condition is without precedent. [^15] DIRECTV also stated that
    because the DIRECTV 8 satellite will replace another DIRECTV
    satellite licensed to operate at the nominal 101º W.L. orbital
    location, there will be no increase in congestion at this orbital
    location.[^16] On September 30, 2005, MSV filed an *ex parte* letter
    in response to DIRECTV's letter. [^17] MSV states that the
    Commission should make it clear that launch and operation of the new
    DIRECTV satellite prior to launch and operation of MSV's
    next-generation satellite does not provide DIRECTV with greater
    rights than MSV to operate at a given location in the orbital
    arc.[^18]

# DISCUSSION

5.  DIRECTV requests authority to reposition the DIRECTV 8 satellite
    from the 100.85º W.L. orbital location to the 100.75º W.L. orbital
    location. DIRECTV indicates that the requested relocation will
    enable it to operate its DIRECTV 8 satellite in a stationkeeping
    volume that does not overlap with any of the other space stations
    operating at the nominal 101º W.L. orbital location.[^19] We
    conclude that grant of the requested modification will serve the
    public interest, convenience and necessity because it will result in
    the efficient deployment of orbital resources.

6.  Grant of DIRECTV's Application will result in DIRECTV 8 having a
    longitudinal range of 100.70º W.L. to 100.80º W.L. This will
    simplify stationkeeping operations for DIRECTV 1R and DIRECTV 8 by
    eliminating the overlap between the stationkeeping volumes. We also
    note that because the DIRECTV 8 satellite is a replacement for the
    DIRECTV 2 satellite, operation of DIRECTV 8 at the 100.75º W.L.
    location will not increase congestion at the nominal 101º W.L.
    orbital location.[^20] With respect to MSV's concerns, we note that
    grant of this request will result in a minimum angular separation of
    0.1º between DIRECTV 8 at its requested location and AMSC-1. This
    would presumably obviate any stationkeeping concern of MSV at this
    location with respect to DIRECTV 8. This would also hold true with
    respect to the authorized but not launched MSV-1 satellite. Thus,
    grant of DIRECTV's application will increase the separation between
    the DIRECTV 8 satellite and MSV's current and future authorized
    satellites at the nominal 101º W.L. orbital location.

7.  With respect to MSV's proposed condition, we note as an initial
    matter that the authorization for the MSV-1 satellite was not
    conditioned upon successful coordination of its satellite with those
    of DIRECTV at the same location. Therefore, adopting the condition
    proposed by MSV would constitute inconsistent treatment of the two
    licensees.[^21] We note, however, that parties licensed at a
    particular orbital location are expected to coordinate with other
    parties licensed at the same location to avoid in-orbit
    collisions.[^22] Thus, we will not impose the condition requested by
    MSV regarding adjacent satellite coordination on DIRECTV and will,
    as is our normal practice, rely on the operators to coordinate in
    good faith.[^23]

#  CONCLUSION AND ORDERING clauseS

8.  Accordingly, IT IS ORDERED that, the request of DIRECTV Enterprises
    LLC to modify the assigned orbital location of its DIRECTV 8
    satellite from the 100.85º W.L. orbital location to the 100.75º W.L.
    orbital location, File Nos. SAT-MOD-20050513-00101 (Call Sign S2632)
    and SAT-MOD-20050513-00100 (Call Sign S2132), IS GRANTED, subject to
    the following conditions:

#### DIRECTV Enterprises, LLC shall coordinate all drift orbit DBS and Telemetry, Tracking, and Control operations with other potentially affected in-orbit operators.

#### During the relocation of the DIRECTV 8 satellite operations shall be on a non-harmful interference basis, meaning that DIRECTV Enterprises, LLC shall not cause interference to, and shall not claim protection from interference caused to it by any other lawfully operating satellites.

#### In the event that any harmful interference is caused as a result of operations during the relocation of the DIRECTV 8 satellite, DIRECTV Enterprises, LLC, shall cease operations immediately upon notification of such interference and shall inform the Commission immediately, in writing, of such an event.

#### All of the originally authorized terms, conditions, and technical specifications of the DIRECTV 8 DBS space station (Call Sign S2632) and FSS space station (Call Sign S2132), except for the authorized orbital location, remain in effect.

9.  IT IS FURTHER ORDERED that DIRECTV Enterprises, LLC has 30 days from
    the date of the release of this order to decline this authorization
    as conditioned. Failure to respond within that period will
    constitute formal acceptance of the authorization as conditioned.

10. This order is issued pursuant to Section 0.261 of the Commission's
    rules on delegations of authority, 47 C.F.R. § 0.261, and is
    effective upon release.

    FEDERAL COMMUNICATIONS COMMISSION

    Fern J. Jarmulnek

    Deputy Chief

    Satellite Division

    International Bureau

[^1]: As used in this Order, the term "Ka-band" refers to the 18.3-18.8
    GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 28.35-28.6 GHz
    (Earth-to-space), and 29.25-30.0 GHz (Earth-to-space) frequency
    bands.

[^2]: As used in this Order, the term "space station" has the meaning
    given in the International Telecommunication Union (ITU) Radio
    Regulations, *i.e.,* one or more transmitters, or receivers, or a
    combination of transmitters and receivers necessary for carrying on
    a radiocommunication service, and located on an object which is
    beyond, or is intended to go beyond, the major portion of the
    Earth's atmosphere. ITU Radio Regulations Articles 1.61 and 1.64;
    *see also* 47 C.F.R. § 25.201.

[^3]: DIRECTV 8 was launched in May 2005. DIRECTV was granted authority,
    pursuant to a Special Temporary Authority (STA), to conduct in-orbit
    testing of the DIRECTV 8 satellite's DBS payload at the 138º W.L.
    location and upon completion of the test to return the satellite to
    its assigned location. *See* International Bureau, Policy Branch
    Information: Actions Taken, *Public Notice,* Report No. SAT-00317
    (rel. August 26, 2005) (granting File No. SAT-STA-20050624-00136).

[^4]: The 0.1º change in orbit location corresponds to a minimum
    horizontal separation of about 73.6 kilometers, or 45.7 statute
    miles.

[^5]: *See* Comments of Mobile Satellite Ventures Subsidiary LLC, filed
    May 31, 2005 (MSV Comments).

[^6]: *See* International Bureau, Policy Branch Information: Actions
    Taken, *Public Notice,* Report No. SAT-00256 (rel. November 5, 2004)
    (granting File Nos. SAT-RPL-20040630-00127 (DBS space station) and
    SAT-MOD-20040630-00128 (Ka-band space station)). The November 5,
    2004 actions authorized the DIRECTV 8 satellite to operate at the
    100.85º W.L. orbital location. Subsequent modifications and Special
    Temporary Authorizations (STAs) relating to DIRECTV 8 did not affect
    the authorized orbital location. *See* International Bureau, Policy
    Branch Information: Actions Taken, *Public Notice,* Report No.
    SAT-00317 (rel. August 26, 2005) (granting File No.
    SAT-STA-20050624-00136 for in-orbit testing); Report No. SAT-00308
    (rel. July 15, 2005) (granting File Nos. SAT-STA-20050526-00108 (DBS
    space station) and SAT-STA-20050526-00109 (Ka-band space station));
    Report No. SAT-00302 (rel. June 24, 2005) (granting File Nos.
    SAT-STA-20050616-00126 (DBS space station) and
    SAT-STA-20050616-00126 (Ka-band space station)); Report No.
    SAT-00294 (rel. May 27, 2005) (granting File Nos.
    SAT-STA-20050506-00095 (DBS space station) and
    SAT-STA-20050506-00096 (Ka-band space station)). The origin of the
    DIRECTV 8 satellite dates to 1997, when the Commission authorized
    DIRECTV's predecessor-in-interest, Hughes Communications Galaxy,
    Inc., to launch and operate a GSO FSS satellite system. *See* Hughes
    Communications Galaxy, Inc., *Order and Authorization,* 13 FCC Rcd
    1351(1997), *modified by* Hughes Communications Galaxy, Inc., *Order
    and Authorization,* 16 FCC Rcd 2470 (2001), *further modified by*
    Hughes Communications Galaxy, Inc., *Order and Authoriztion,* 16 FCC
    Rcd 12627 (2001). In April 2002, the Commission authorized the *pro
    forma* assignment of this license from Hughes Communications Galaxy,
    Inc. to Hughes Network Systems, Inc. *See* File No.
    SAT-ASG-20011204-00110. In May 2004, the Commission authorized the
    *pro forma* assignment of this license from Hughes Network Systems
    to DIRECTV. *See* File No. SAT-ASG-20040520-00101.

[^7]: *See* International Bureau, Policy Branch Information: Actions
    Taken, *Public Notice,* 19 FCC Rcd 20460 (rel. August 27, 2004)
    (Granting File No. SAT-MOD-20040623-00120).

[^8]: *See* International Bureau, Policy Branch Information: Satellite
    Space Applications Accepted for Filing, *Public Notice,* Report No.
    SAT-00123, File No. SAT-STA-20020910-00172 (rel. September 27,
    2002). The DIRECTV 1R satellite was relocated in conjunction with
    the relocation of the DIRECTV 3 satellite to enable DIRECTV 1R to
    carry the traffic assigned to DIRECTV 3. DIRECTV subsequently filed
    a modification application to make these changes permanent. *See*
    File No. SAT-MOD-20030205-00032. This application, except for the
    portion dealing with the request to redesignate the orbital location
    for DIRECTV 1R, was withdrawn by DIRECTV on March 9, 2004. *See*
    Letter from James R. Butterworth, Senior Vice President, DIRECTV, to
    Thomas S. Tycz, Chief, Satellite Division, International Bureau,
    dated March 9, 2004. *See also*
    <http://svartifoss2.fcc.gov/servlet/ib.page.FetchAttachment?attachment_key=374272>
    for grant-stamped application to move DIRECTV 1R.

[^9]: *See* Assignment of Orbital Locations to Space Stations in the
    Domestic Fixed-Satellite Service and the Applications of GE American
    Communications, Inc., *Order and Authorization,* 15 FCC Rcd 3385
    (1999) (*AMC-4 Authorization Order*) (granting File No.
    SAT-MOD-19981023-00076 for the 101.00º W.L. orbital location).
    Subsequent modifications and STAs relating to AMC-4 did not affect
    the regularly authorized orbital location. *See* International
    Bureau, Policy Branch Information: Actions Taken, *Public Notice,*
    Report No. SAT-00194 (rel. February 23, 2004) (granting File No.
    SAT-STA-20030626-00118); Report No. SAT-00128 (rel. November 15,
    2002) (granting File No. SAT-MOD-20021108-00206).

[^10]: *See* International Bureau, Policy Branch Information: Actions
    Taken, *Public Notice,* Report No. SAT-00323 (rel. September 30,
    2005). We anticipate that DIRECTV will file a further modification
    with respect to DIRECTV 2 to locate it near the 101º W.L. location
    as an in-orbit spare or to move it to another location.

[^11]: International Bureau, Policy Branch Information: Satellite Space
    Applications Accepted for Filing, *Public Notice,* Report No.
    SAT-00288 (rel. April 29, 2005) (accepting File No.
    SAT-RPL-20050322-00070 for filing) (Application of DIRECTV for
    Authority to Launch and Operate DIRECTV 9S, a Direct Broadcast
    Satellite, at 101º W.L.); File Nos. SAT-LOA-19970605-00050
    (application to operate in the 17 GHz BSS band);
    SAT-LOA-20020322-00033 (application to operate in the 17 GHz BSS
    band). The 17 GHz BSS applications have not yet been accepted for
    filing.

[^12]: File Nos. SAT-MOD-20050513-00101 (for DBS authorization) and
    SAT-MOD-20050513-00100 (for Ka-band authorization). The applications
    are substantively identical, therefore, we will refer to the two
    applications collectively as the "Application" or the "DIRECTV
    Application."

[^13]: *See* International Bureau, Policy Branch Information: Satellite
    Space Applications Accepted for Filing, *Public Notice*, Report No.
    SAT-00297 (rel. June 10, 2005).

[^14]: MSV Comments at 3.

[^15]: Letter to Marlene H. Dortch, Secretary, Federal Communications
    Commission, from William M. Wiltshire, Counsel for DIRECTV
    Enterprises, LLC, dated September 22, 2005 (DIRECTV Ex Parte
    Letter).

[^16]: *Id.* at 2.

[^17]: Letter to Marlene H. Dortch, Secretary, Federal Communications
    Commission, from Jennifer A. Manner, Vice President, Regulatory
    Affairs, Mobile Satellite Ventures LP, dated September 22, 2005.

[^18]: *Id.*

[^19]: DIRECTV Application at 1-3.

[^20]: *See* DIRECTV Ex Parte Letter at 2.

[^21]: *Id.* at 1.

[^22]: *See* Mitigation of Orbital Debris, *Second Report and Order,* 19
    FCC Rcd 11567 (2004) (*Orbital Debris 2^nd^ Report and Order)*. In
    the *Orbital Debris 2^nd^ Report and Order,* the Commission
    concluded that, while the choice of orbital regimes is best left to
    the discretion of operators, in some instances the public interest
    would be served by a detailed discussion of how operators would
    avoid potential collisions between operational spacecraft with
    overlapping stationkeeping volumes. *Id.* at paras. 49-50. For
    example, where operators proposed to co-locate multiple satellites
    at the same geostationary orbital location, the Commission required
    operators to state what measures will be taken to prevent
    collisions. *Id.* at para. 51. The Commission noted that, although
    it is possible to successfully locate multiple satellites at a
    single location and within the same stationkeeping volume, such
    arrangements require real-time coordination that must be disclosed
    to the Commission. *Id.* The record reflects that DIRECTV, MSV, and
    SES Americom have held discussions concerning the current
    arrangement of satellites at the 101º W.L. orbital location. DIRECTV
    Ex Parte Letter at 1. We note that should a coordination arrangement
    between the licensees result in parameters not consistent with the
    authorized parameters for any space station, we expect the licensee
    of that space station to file an appropriate modification request
    prior to implementation of that agreement. Operations not consistent
    with those authorized are subject to enforcement action.

[^23]: *See, e.g*., Satellite Transponder Leasing Corp., 5 FCC Rcd 1651,
    1652 (Com. Car. Bur. 1990) and American Satellite Company, 5 FCC Rcd
    1186, 1189 (Com. Car. Bur. 1990) (Bureau declined to impose
    coordination conditions where no insurmountable coordination issues
    were raised).