Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | File Nos.                    |
|                                  | *) | SAT-LOA-20030611-00115       |
| **DIRECTV Enterprises, LLC**     | ** |                              |
|                                  |    | SAT-AMD-20031126-00341       |
| Application for Authority to     | *  |                              |
| Launch and Operate DIRECTV 7S    | *) | SAT-AMD-20031201-00344       |
| (USABSS-18)                      | ** |                              |
|                                  |    | File No.                     |
| Application for Special          | *  | SAT-STA-20031203-00346       |
| Temporary Authority to           | *) |                              |
|                                  | ** | Call Sign S2455              |
| Operate the DIRECTV 7S DBS       |    |                              |
| Satellite at 129° W.L. for a     | *  |                              |
| Two-Week Period to Conduct       | *) |                              |
| In-Orbit Testing                 | ** |                              |
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+----------------------------------+----+------------------------------+

**ORDER AND AUTHORIZATION**

**Adopted: April 28, 2004 Released: April 28, 2004**

By the Chief, Satellite Division, International Bureau:

# INTRODUCTION

# 1. By this *Order*, we grant DIRECTV Enterprises, LLC ("DIRECTV") authority to launch and operate a new satellite, DIRECTV 7S, to provide direct broadcast satellite ("DBS") service. DIRECTV 7S will be located in the same DBS satellite cluster[^1] as DIRECTV 5, which is currently operating in the cluster at the 119° W.L. nominal orbit location. Specifically, DIRECTV 7S will be located at the 119.2° W.L. orbit location.[^2] We also grant DIRECTV Special Temporary Authority ("STA") for up to two weeks to conduct in-orbit testing ("IOT") of the DIRECTV 7S satellite at the 129 W.L. orbit location. This authorization will allow DIRECTV to use its assigned DBS frequencies at the 119º W.L. cluster location more efficiently and expand its programming options by providing local broadcast programming, thereby serving the public interest. {#by-this-order-we-grant-directv-enterprises-llc-directv-authority-to-launch-and-operate-a-new-satellite-directv-7s-to-provide-direct-broadcast-satellite-dbs-service.-directv-7s-will-be-located-in-the-same-dbs-satellite-cluster-as-directv-5-which-is-currently-operating-in-the-cluster-at-the-119-w.l.-nominal-orbit-location.-specifically-directv-7s-will-be-located-at-the-119.2-w.l.-orbit-location.-we-also-grant-directv-special-temporary-authority-sta-for-up-to-two-weeks-to-conduct-in-orbit-testing-iot-of-the-directv-7s-satellite-at-the-129-w.l.-orbit-location.-this-authorization-will-allow-directv-to-use-its-assigned-dbs-frequencies-at-the-119º-w.l.-cluster-location-more-efficiently-and-expand-its-programming-options-by-providing-local-broadcast-programming-thereby-serving-the-public-interest. .unnumbered}

# background

2.  DIRECTV provides DBS service to U.S. consumers from the 101° W.L.,
    110° W.L., and 119° W.L. DBS satellite cluster locations.[^3] In May
    1999, DIRECTV acquired 11 DBS channels at 119°W.L. from Tempo
    Satellite ("Tempo").[^4] In November 2000, the Commission authorized
    DIRECTV to launch a new satellite, DIRECTV 5,[^5] into the 119° W.L.
    cluster location.[^6] In May 2002, DIRECTV launched DIRECTV 5, and
    soon thereafter began providing service at the 119° W.L. cluster
    location.

3.  DIRECTV now seeks to launch and operate DIRECTV 7S at the 119° W.L.
    cluster location in the 12.2-12.7 GHz and 17.3-17.8 GHz bands and
    collocate it with its DIRECTV 5 satellite.[^7] In support of its
    application, DIRECTV explains that DIRECTV 7S, a spot beam
    satellite,[^8] will increase DBS consumers' programming choices,
    improve DIRECTV's spectrum efficiency, and enhance the system's
    capacity to provide local broadcast signals under the broadcast
    signal carriage provisions of the Satellite Home Viewer Improvement
    Act of 1999 ("SHVIA") and the Commission's rules implementing
    SHVIA.[^9] These provisions (otherwise known as "local-into-local"
    service) require satellite carriers to carry, upon request, all
    local television broadcast stations' signals in local markets in
    which the satellite carrier carries at least one local television
    broadcast signal pursuant to the statutory copyright license.[^10]
    DIRECTV states in its application that the launch of DIRECTV 7S will
    enable DIRECTV to provide local-into-local service to U.S. consumers
    residing in more than 100 Nielsen-defined "Designated Market Areas"
    ("DMAs").[^11]

4.  DIRECTV's application was placed on public notice on July 8,
    2003.[^12] The State of Hawaii ("Hawaii") and SES Americom, Inc.
    ("SES Americom") filed comments on August 7, 2003.[^13] The State of
    Hawaii asserts that DIRECTV's service in Hawaii is not comparable to
    DBS programming available to the rest of the country. The State of
    Hawaii requests that the Commission continue to maintain close
    scrutiny of DIRECTV to ensure that DIRECTV complies with the
    Commission's geographic service rules.[^14] Hawaii requests that the
    Commission explicitly condition DIRECTV's launch authorization on
    promptly providing reasonably comparable service to Hawaii, in part
    by immediately providing the 22 major programming channels that
    DIRECTV claims to have withheld because of the ongoing litigation
    with the National Rural Telecommunications Cooperative
    ("NRTC").[^15] Hawaii also asks the Commission to condition
    DIRECTV's authorization on the outcome of the Commission's ongoing
    investigation into DIRECTV's compliance with the Commission's
    geographic service rules.[^16] SES Americom seeks clarification on
    certain aspects of DIRECTV's technical showing for the proposed
    satellite.

5.  On August 18, 2003, DIRECTV filed reply comments responding to SES
    Americom and the State of Hawaii.[^17] SES Americom subsequently
    filed a reply. SES Americom states that the Commission should
    require DIRECTV to provide an Appendix 30/30A analysis that
    specifies the impact on all assignments and pending modifications
    that have higher priority than DIRECTV 7S (USABSS-18) at the
    International Telecommunication Union ("ITU"), in accordance with
    Section 25.111(c) of the Commission's rules.[^18] SES also requests
    the Commission to condition DIRECTV's license upon seeking agreement
    with all Administrations having affected assignments or higher
    priority pending modifications.

6.  On November 17, 2003, the Satellite Division sent a letter to
    DIRECTV,[^19] requesting additional information required by Section
    25.114 of the Commission's rules, [^20] including a Form 312 and
    certain technical information required by Sections 25.114(c) of the
    Commission's rules.[^21] On November 26, 2003, DIRECTV filed an
    amendment to its application containing a Form 312.[^22] On December
    1, 2003, DIRECTV also submitted an amendment containing the
    requested technical information.[^23] This information was placed on
    public notice on December 5, 2003.[^24] DIRECTV also has filed a
    request for STA to conduct IOT of the DIRECTV 7S satellite at the
    129° W.L. orbit location for a period of two weeks.[^25]

# DISCUSSION

7.  We find that granting DIRECTV\'s application is in the public
    interest. The DIRECTV 7S satellite will allow DIRECTV to increase
    and improve its service offerings to consumers. Furthermore, the
    increased efficiency will enable DIRECTV to offer additional
    programming, including local-into-local channels. This will provide
    greater competition in the multi-channel video programming
    distribution ("MVPD") market.

8.  *Interference Analysis of Satellite.* In considering DIRECTV's
    application, we must, among other things, evaluate the proposed
    satellite's interference potential to other DBS licensees and to the
    radiocommunications systems of other countries. In particular, we
    must determine whether the DIRECTV 7S satellite will be operated in
    accordance with Appendices 30 and 30A of the ITU Radio Regulations.
    Because the technical parameters of DIRECTV's DBS system vary from
    those set forth for U.S. assignments in the Region 2
    Broadcasting-Satellite Service Plan ("Region 2 BSS Plan") and the
    associated Feeder Link Plan,[^26] the Commission must request
    modification by the ITU of the Region 2 BSS Plan and its associated
    Feeder Link Plan for the DIRECTV 7S satellite by the ITU.[^27] Annex
    1 of Appendices 30 and 30A provide the methodology and criteria for
    determining whether a proposed satellite system (*i.e.*, a proposed
    modification to the Plan) may interfere with frequency assignments
    that are in accordance with the Region 2 BSS Plan and its associated
    Feeder Link Plan, other satellite systems, or terrestrial
    services.[^28] If the limits in Annex 1 are exceeded, agreement must
    be sought from the Administrations responsible for the affected
    systems or services.

9.  Upon review of DIRECTV's application, we find sufficient evidence to
    determine that DIRECTV 7S will not cause unacceptable interference
    to other U.S. licensed DBS systems. DIRECTV has also submitted
    analyses demonstrating DIRECTV 7S's interference potential to
    radiocommunications systems of other countries.[^29] In that regard,
    SES Americom is concerned that DIRECTV did not include in its
    analyses the United Kingdom-filed modification to the Region 2 BSS
    Plan associated with SES Americom's proposal to provide DBS service
    in the United States.[^30] DIRECTV argues that the networks filed by
    SES Americom through the U.K. Administration affect U.S. assignments
    and U.S. modifications that were previously entered into the Region
    2 BSS Plan, and therefore these U.K. networks will require
    substantial modifications to their operating characteristics in
    order to be entered as modifications to the Region 2 BSS Plan. Thus,
    DIRECTV asserts, it is premature for DIRECTV to take these networks
    into account.[^31]

10. We note that, following the approval of both the U.S. and the U.K.
    Administrations, SES Americom and DIRECTV have entered into an
    operator-to-operator agreement-seeking process to establish the
    criteria under which their respective systems can operate and
    coexist. We expect both operators to continue negotiating in good
    faith to resolve their differences. We remind DIRECTV that its
    satellite operations are not guaranteed protection from interference
    from systems licensed by other Administrations operating in
    accordance with the ITU Radio Regulations unless and until the
    Region 2 BSS Plan and its associated Feeder Link Plan are modified
    to include the technical parameters of DIRECTV 7S. Further, we
    condition operation of DIRECTV 7S such that, until the Region 2 BSS
    Plan and its associated Feeder Link Plan are modified by the ITU to
    include DIRECTV 7S's parameters, DIRECTV shall not cause greater
    interference than that which would occur from the current USA Region
    2 Plan assignments at 119° W.L. to other BSS or feeder link
    assignments, or other services or satellite systems, operating in
    accordance with the ITU Radio Regulations.[^32] These conditions
    require DIRECTV to seek agreement from any Administration having an
    affected Region 2 Plan assignment or prior-filed Plan modification,
    unless and until the Region 2 BSS Plan and its associated Feeder
    Link Plan are modified to include DIRECTV 7S's parameters. DIRECTV
    will be expected to provide continuing documentation, as necessary,
    for the agreement-seeking process.[^33] Similarly, DIRECTV may be
    required to assist the Commission in future cases in which it may be
    required to negotiate with the Administrations of later implemented
    systems regarding DIRECTV's network.

11. *Telemetry, Tracking, and Control.* Section 25.202(g) of the
    Commission's rules[^34] requires that telemetry, tracking, and
    control ("TT&C") functions for U.S.-licensed satellites be conducted
    at either or both ends of the allocated bands for the service.
    DIRECTV has filed a request for a limited waiver of Section
    25.202(g) to use 14.0-14.5 GHz fixed-satellite service ("FSS")
    frequencies[^35] for the purpose of conducting transfer orbit TT&C
    operations for DIRECTV 7S.[^36] DIRECTV states that the waiver is
    required because Loral Skynet, which will be conducting transfer
    orbit TT&C on behalf of DIRECTV, uses INTELSAT ground stations
    around the world and none of these stations is equipped with 17 GHz
    command capabilities, and therefore, 14 GHz FSS frequencies must be
    used for the transfer orbit TT&C of DIRECTV 7S.[^37] DIRECTV states
    that barring unforeseen circumstances, the need to use 14 GHz FSS
    frequencies for telecommand operations during transfer orbit TT&C
    will endure only for approximately a ten-day period from the time
    that DIRECTV 7S is launched until it is positioned in the vicinity
    of 129° W.L. for IOT.[^38] DIRECTV further states that it will
    follow well-developed and industry-standard practices for conducting
    transfer orbit operations, which include ensuring that no harmful
    interference occurs into the operations of any operating
    satellite.[^39]

12. The Commission may waive a rule for good cause shown.[^40] Waiver is
    appropriate if special circumstances warrant a deviation from the
    general rule and such deviation would better serve the public
    interest than would strict adherence to the general rule.[^41]
    Generally, the Commission may grant a waiver of its rules in a
    particular case if the relief requested would not undermine the
    policy objective of the rule in question and would otherwise serve
    the public interest[^42][^43]

13. In the *Part 100 Order*,[^44] the Commission stated that with
    respect to transfer orbit operations, operators may seek to use
    different earth stations than those that will ultimately be used for
    on-orbit operations.[^45] In these cases, the earth station used for
    these relatively short-term transfer orbit TT&C functions may not
    necessarily be designed to operate in the edges of the DBS service
    bands.[^46] The Commission also stated that because transfer orbit
    operations may occur at a location far from the final assigned orbit
    position, the earth station that will be used for on-orbit TT&C may
    not be available for transfer orbit TT&C. Therefore, the Commission
    stated that it would evaluate requests to use FSS frequencies for
    transfer orbit TT&C operations on a case-by-case basis.[^47]

14. We find that DIRECTV has shown good cause for granting a waiver of
    Section 25.202(g) for the limited purpose of transfer orbit TT&C
    operations of DIRECTV 7S. DIRECTV has also shown that special
    circumstances exist that warrant a deviation from Section 25.202(g)
    for the limited purpose of short-term transfer orbit TT&C of DIRECTV
    7S. In particular, the lack of 17 GHz DBS-band TT&C facilities
    around the world, and the presence of 14 GHz FSS-band TT&C
    facilities. Granting DIRECTV's waiver request for this limited
    purpose will not undermine the policy objective of the rule.
    Therefore, we grant DIRECTV's request for a waiver of Section
    25.202(g) of the Commission's rules for the period from the launch
    of DIRECTV 7S until DIRECTV 7S is located at the 129 W.L. orbit
    location.

15. *Geographic Service Rule.* As noted above, Hawaii requests that the
    Commission should explicitly condition DIRECTV's launch
    authorization on "promptly providing reasonably comparable DBS
    service in Hawaii, in part, through the immediate provision of ...
    \[DIRECTV's\] 22 major programming channels...."[^48] In addition,
    Hawaii also asks the Commission to condition DIRECTV's launch
    authorization on the outcome of the Commission's ongoing
    investigation into DIRECTV's geographic service requirements.[^49]
    The Commission's geographic service rules state that licensees
    "acquiring DBS authorizations after January 19, 1996... must provide
    DBS service to Alaska and Hawaii where such service is technically
    feasible from the authorized orbital location."[^50] DBS providers
    must also "offer\[s\] packages of service in Alaska and Hawaii that
    are reasonably comparable to what the provider offers in the
    contiguous 48 states."[^51] In its application, DIRECTV commits to
    provide service to the States of Alaska and Hawaii using its DIRECTV
    7S satellite.[^52] DIRECTV also commits to add to its Hawaii
    programming package at least 22 programming channels.[^53] DIRECTV
    states that upon successful launch of DIRECTV 7S, the addition of
    the 22 channels will make programming to "Hawaiian subscribers
    nearly identical to the services that DIRECTV provided to CONUS
    subscribers."[^54] Since DIRECTV has voluntarily committed to the
    Commission to provide these services and will be required to comply
    with the outcome of the Media Bureau proceeding addressing the
    geographic service rule governing service to Alaska and Hawaii,[^55]
    we find that it is unnecessary to condition DIRECTV's authorization
    as requested by the State of Hawaii. Accordingly, grant of DIRECTV's
    application for authority to launch and operate DIRECTV 7S is
    without prejudice to action in the pending proceeding examining
    DIRECTV's compliance with the Commission's geographic service
    rule.[^56]

16. *In-Orbit Testing.* Finally, we grant DIRECTV's request for STA to
    conduct in-orbit testing of the DIRECTV 7S satellite at the 129 W.L.
    orbit location. Grant of the STA will allow DIRECTV to complete IOT
    without disrupting ongoing service at the 119° W.L. DBS satellite
    cluster location. The Commission typically allows licensees to
    conduct IOT at orbit locations different from those authorized,
    subject to coordination with affected adjacent satellite operators.
    DIRECTV states that grant of the requested STA will not interfere
    with the operations of other BSS satellites in the vicinity of 129°
    W.L.[^57] According to DIRECTV, the 129° W.L. orbit location is
    assigned to Canada under the Region 2 BSS Plan, but is currently
    unused.[^58] DIRECTV's requested temporary IOT at 129° W.L. is
    acceptable to the Canadian regulatory authorities with certain
    conditions.[^59] In addition, DIRECTV states that the closest
    operational DBS satellites to 129° W.L. are at the 119° W.L. cluster
    location.[^60] Grant of the STA is conditioned on DIRECTV 7S not
    causing harmful interference to any lawfully operating in-orbit
    satellites, and DIRECTV shall cease testing operations immediately
    upon notification of such interference. In addition, DIRECTV must
    notify the Commission upon the initiation and completion of the IOT.
    We remind DIRECTV of its responsibility to obtain the necessary
    earth station authorizations to communicate with DIRECTV 7S at the
    129° W.L. orbit location.

17. *License Term.* DIRECTV states in its application that it intends to
    operate DIRECTV 7S as a direct broadcast satellite,[^61] on a
    non-broadcast, non-common carrier basis.[^62] Therefore, in
    accordance with Section 25.121(a) of the Commission's rules,[^63]
    the license term for DIRECTV 7S will be 10 years.

# ORDERING CLAUSES

18. Accordingly, IT IS ORDERED that the Application of DIRECTV
    Enterprises, LLC for Launch and Operating Authority for DIRECTV 7S,
    File Nos. SAT-LOA-20030611-00115, SAT-AMD-20031126-00341 and
    SAT-AMD-20031201-00344 IS GRANTED, and DIRECTV Enterprises, LLC IS
    AUTHORIZED to construct, launch and operate its satellite, DIRECTV
    7S, using channels 22-32 in the 12.2-12.7 GHz and 17.3-17.8 GHz
    bands, at the 119.2° W.L. orbit location, with ±0.05 longitudinal
    stationkeeping, in accordance with the terms, representations, and
    technical specifications set forth in its application, as amended.

19. IT IS FURTHER ORDERED pursuant to Section 1.3 of the Commission's
    rules, 47 C.F.R. § 1.3, that DIRECTV Enterprises, LLC is granted a
    waiver of Section 25.202(g) of the Commission's rules, 47 C.F.R. §
    25.202(g), conditioned as set forth in this *Order* above to use the
    14002-14004 MHz and 14496-14498 MHz bands for telecommand operations
    during transfer orbit for no longer than a 15-day period from the
    time that DIRECTV 7S is launched until it is positioned at 129° W.L.

20. IT IS FURTHER ORDERED that DIRECTV Enterprises, LLC shall coordinate
    the frequency and power usage with all existing satellites in orbit,
    which use frequencies in the 14002-14004 MHz and 14496-14498 MHz
    bands, and which could be adversely affected by the TT&C operations
    of this space station.

21. IT IS FURTHER ORDERED that DIRECTV Enterprise, LLC's request for
    Special Temporary Authority, File No. SAT-STA-20031203-00346, to
    conduct in-orbit testing of the DIRECTV 7S satellite at the 129 W.L.
    orbit location, is GRANTED for a period of two weeks after DIRECTV
    7S is established in a geostationary satellite orbit in the vicinity
    of the 129 W.L. orbit location.

22. IT IS FURTHER ORDERED that in-orbit testing of DIRECTV 7S shall not
    cause harmful interference to any lawfully operating in-orbit
    satellites and DIRECTV Enterprises, LLC shall cease operations
    immediately upon notification of such interference during this
    period of testing.

23. IT IS FURTHER ORDERED that DIRECTV 7S will receive no protection
    from interference from other systems while testing at the 129 W.L.
    orbit location.

24. IT IS FURTHER ORDERED that DIRECTV Enterprises, LLC's use of the 129
    W.L. orbit location will be for testing of DIRECTV 7S only. DIRECTV
    7S shall make no commercial transmissions from this location.

25. IT IS FURTHER ORDERED that DIRECTV Enterprises, LLC shall notify the
    Commission by email to <Rockie.Patterson@fcc.gov> and
    <Chip.Fleming@fcc.gov> within 48 hours of the initiation and the
    completion of the testing of the DIRECTV 7S payload at the 129 W.L.
    orbit location.

26. IT IS FURTHER ORDERED that DIRECTV Enterprises, LLC shall not
    operate the payload of DIRECTV 7S during the drift of the satellite
    from the 129 W.L. orbit location to the 119.2 W.L. orbit location.

27. IT IS FURTHER ORDERED that DIRECTV Enterprises, LLC shall coordinate
    all transfer orbit Telemetry, Tracking, and Control operations with
    other potentially affected in-orbit DBS or Fixed- Satellite Service
    operators.

28. IT IS FURTHER ORDERED that the authorization granted in this *Order*
    is subject to the following conditions: (1) until the International
    Telecommunication Union Region 2 BSS Plan and its associated Feeder
    Link Plan are modified to include the technical parameters of
    DIRECTV 7S and its associated feeder links, this satellite system
    shall not cause greater interference than that which would occur
    from the current U.S. assignments in the Region 2 BSS Plan at 119°
    W.L. to other BSS or feeder link assignments, or other services or
    satellite systems operating in accordance with the ITU Radio
    Regulations; and (2) no protection from interference caused by radio
    stations authorized by other Administrations is guaranteed to
    DIRECTV 7S unless and until Appendices 30 and 30A plan modification
    procedures are successfully and timely completed.

29. IT IS FURTHER ORDERED that DIRECTV Enterprises, LLC shall provide
    the Commission with all information it requires in order to modify
    the Appendix 30 Broadcasting-Satellite Service Plans and associated
    Appendix 30A feeder-link Plans, in accordance with the ITU Radio
    Regulations. DIRECTV Enterprises, LLC shall be held responsible for
    all cost recovery fees associated with these ITU filings. Any radio
    station authorization for which coordination has not been completed
    and/or for which the necessary agreements under Appendices 30 and
    30A have not been obtained may be subject to additional terms and
    conditions as required to effect coordination or obtain the
    agreement of other Administrations. *See* 47 C.F.R. § 25.111(c).

30. IT IS FURTHER ORDERED that DIRECTV Enterprises, LLC must provide a
    written statement to the Commission within 60 days of the date of
    this *Order* that identifies any known satellites located at, or
    planned to be located at DIRECTV Enterprises, LLC's assigned orbit
    location, or assigned in the vicinity of that location such that the
    station-keeping volume of the respective satellites might overlap,
    and that states the measures that will be taken to prevent in-orbit
    collisions with such satellites. This statement should address any
    systems licensed by the FCC, and any systems applied for and under
    consideration by the FCC. The statement need not address every
    filing with the ITU that meets these criteria, but should assess and
    address any systems reflected in ITU filings that are in operation
    or that DIRECTV believes may be progressing toward launch, *e.g.* by
    the appearance of the system on a launch vehicle manifest. If
    DIRECTV Enterprises, LLC elects to rely on coordination with other
    operators to prevent in-orbit collisions, it shall provide a
    statement as to the manner in which such coordination will be
    effected.

31. IT IS FURTHER ORDERED that the license term for the DIRECTV 7S
    satellite, Call Sign S2455, is ten years and will begin to run on
    the date that DIRECTV Enterprises, LLC certifies to the Commission
    that the satellite has been successfully placed into orbit and its
    operation fully conforms to the terms and conditions of this
    *Order*.

32. 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.

33. Assignment of any orbit location is subject to change by summary
    order of the Commission on 30 days notice and does not confer any
    permanent right to use the orbit and spectrum.

34. Neither this *Order* nor any right granted by this *Order*, shall be
    transferred, assigned or disposed of in any manner, voluntarily or
    involuntarily, or by transfer of control of any corporation

    holding this authorization, to any person except upon application to
    the Commission and upon a finding by the Commission that the public
    interest, convenience and necessity will be served thereby.

35. 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

Thomas S. Tycz

Chief, Satellite Division

> International Bureau

[^1]: ^?^ DBS satellite clusters comprise one or more DBS satellites
    located within ± 0.2**°** of the nominal orbital location (*i.e.*
    119° W.L. ±0.2**°**). Clusters are described in No. 4.13 and Figure
    9 of Annex 3 of Appendix 30A of the ITU Radio Regulations.

[^2]: ^?^ For Fixed Satellite Service ("FSS") space stations in the
    geostationary satellite orbit, the Commission requires longitudinal
    stationkeeping capability of ±0.05º, and may authorize operation at
    locations offset by 0.05º *See* 47 C.F.R. § 25.210(j). Feeder links
    for the DBS service are in the FSS bands. *See* 47 C.F.R. §
    25.202(1).

[^3]: ^?^ *See* Application of DIRECTV Enterprises, LLC for Authority to
    Launch and Operate DIRECTV 7S (USABSS-18), File No.
    SAT-LOA-2003-0611-00115 (filed June 11, 2003) ("*DIRECTV
    Application*") at 1. *See also* Letter from William M. Wiltshire,
    Counsel for The DIRECTV Group, Inc. to Marlene H. Dortch, Secretary,
    Federal Communications Commission (dated March 16, 2003).  Hughes
    Electronics Corporation, which wholly owns DIRECTV, Inc. and Hughes
    Network Systems and holds a controlling interest in PanAmSat
    Corporation, has changed its company name to \"The DIRECTV Group,
    Inc.\"

[^4]: ^?^ *See* In re Tempo Satellite, Assignor, and DIRECTV
    Enterprises, Inc., Assignee, Application for Consent to Assign
    Authorization to Construct, Launch and Operate a Direct Broadcast
    Satellite System Using 11 Frequencies at the 119º W.L. Orbital
    Location, *Order and Authorization*, 14 FCC Rcd 7946 (1999).

[^5]: ^?^ *See* Public Notice, Policy Branch Information, Report No.
    SAT-00187 (released January 15, 2004). DIRECTV has recently filed an
    application for STA to drift DIRECTV 5 from its current orbit
    position at 119° W.L. to the Canadian Broadcasting-Satellite Service
    ("BSS") orbit position at 72.5° W.L. This application is awaiting
    action by the Commission.

[^6]: ^?^ *See* In the Matter of DIRECTV Enterprises, Inc. Application
    for Authority to Launch and Operate a Direct Broadcast Service
    Satellite, *Order and Authorization*, 15 FCC Rcd. 23630 (2000).

[^7]: ^?^ *See* DIRECTV Application; Supplemental Filing-Form 312, File
    No. SAT-AMD-20031126-00341 (filed November 26, 2003); and DIRECTV
    Enterprises, LLC Supplemental Information for DIRECTV 7S File No.
    SAT-LOA-20030611-00115, Call Sign S2455, Minor Amendment, File No.
    SAT-AMD-20031201-00344 (filed December 1, 2003).

[^8]: ^?^ Specifically, DIRECTV 7S will use all 11 of the channels that
    DIRECTV is licensed to use at 119° W.L. DIRECTV 7S will employ spot
    beam technology on four of these channels, channels 23, 25, 29, and
    31 (reusing channels 23, 25, and 31 ten times each, and channel 29
    nine times), and a national beam on the remaining seven channels.
    DIRECTV Application at 1-2.

[^9]: ^?^ DIRECTV Application at 6-7 (*citing* the Satellite Home Viewer
    Improvement Act of 1999, Pub. L. No. 106-113, 113 Stat. 1501,
    1501A-526 to 1501A-545 (November 29, 1999) (SHVIA), *codified at* 47
    U.S.C. § 338, and *Implementation of the Satellite Home Viewer
    Improvement Act of 1999*, CS Docket No. 00-96, Report and Order, FCC
    00-417, 16 FCC Rcd 1918 (2000), Order on Reconsideration, FCC
    01-249, 16 FCC Rcd 16544 (2001)).

[^10]: ^?^ 47 U.S.C. § 338; 47 C.F.R. § 76.66(b).

[^11]: ^?^ DIRECTV Application at 6.

[^12]: ^?^ Public Notice, Policy Branch Information, Report No.
    SAT-00156 (released July 8, 2003).

[^13]: ^?^ Comments of Hawaii, File No. SAT-LOA-200300611-00115 (August
    7, 2003) ("*Hawaii Comments*"); Comments of SES Americom, Inc., File
    No. SAT-LOA-20030611-00115 (August 7, 2003) ("*SES Americom
    Comments"*).

[^14]: Hawaii Comments at 5.

[^15]: ^?^ *Id. See also National Rural Telecommunications Cooperative
    v. DIRECTV, Inc., Hughes Communications Galaxy, Inc.,* Order
    Granting Final Approval of Class Action Settlement, U.S. District
    Court Central District of California (January 5, 2004).

[^16]: ^?^ Hawaii Comments at 5. *See also* MB Docket No. 03-82.

[^17]: ^?^ Reply Comments of DIRECTV Enterprises, LLC, File No.
    SAT-LOA-20030611-00115 (August 18, 2003) ("*DIRECTV Reply
    Comments"*)

[^18]: ^?^ Reply of SES Americom, Inc., File No. SAT-LOA-20030611-00115
    (August 25, 2003) ("*SES Americom Reply"*).

[^19]: ^?^ Letter from Thomas Tycz, Chief, Satellite Division, to James
    H. Barker, III, Esq., Counsel to DIRECTV Enterprises, LLC (dated
    November 17, 2003).

[^20]: ^?^ 47 C.F.R. § 25.114.

[^21]: ^?^ 47 C.F.R. §§ 25.114(c)(5), 25.114(c)(8), and 25.114(c)(12).

[^22]: ^?^ File No. SAT-AMD-20031126-00341.

[^23]: ^?^ File No. SAT-AMD-20031201-00343.

[^24]: ^?^ Public Notice, Policy Branch Information, Report No.
    SAT-00180 (released December 5, 2003).

[^25]: ^?^ Letter from James R. Butterworth, Senior Vice President,
    DIRECTV Enterprises, LLC to Tom Tycz, Chief, Satellite Division,
    International Bureau (dated December 3, 2003). *See also* DIRECTV
    Enterprises, LLC Request for Special Temporary Authority to Operate
    the DIRECTV 7S DBS Satellite at 129° W.L. for a Two-Week Period to
    Conduct In-Orbit Testing, File No. SAT-STA-20031203-00346, (dated
    December 3, 2003) ("*DIRECTV STA Request*").

[^26]: ^?^ The ITU Radio Regulations divide the world into three
    Regions. Generally, Region 1 includes Africa, Europe, Northern and
    Western portions of Asia; Region 2 includes the Americas and
    Greenland; and Region 3 includes Southern portions of Asia,
    Australia and the South Pacific. *See* ITU Radio Regulations Article
    5, Section I. Unless referring specifically to the Region 2 BSS Plan
    and its associated Feeder Link Plan, in the United States the term
    "DBS" is used interchangeably with "BSS."

[^27]: ^?^ Some of these varying parameters include type of emission,
    size of receive dish antennas and the use of spot beams.

[^28]: ^?^ *See* ITU Radio Regulations, Appendices 30 and 30A. *See* ITU
    Radio Regulations, Appendices 30 and 30A. This includes proposed
    modifications to the Region 2 BSS Plan submitted to the ITU by other
    Administrations prior to the U.S. submission to the ITU of the
    information for USABSS-18 (DIRECTV 7S).

[^29]: ^?^ *See* DIRECTV Application at Appendices 3 and 4.

[^30]: ^?^ *See* Comments of SES Americom at 3. *See also* Public
    Notice, Report No. SAT-00110 (rel. May 17, 2002) (seeking comment on
    SES Americom's petition for declaratory ruling to provide DBS
    service in the United States from a satellite licensed by the
    Government of Gibraltar at 105.5° W.L.). The United Kingdom is
    pursuing ITU coordination of this satellite on behalf of Gibraltar.
    *See* Comments of SES Americom at 3.

[^31]: ^?^ DIRECTV Reply Comments at 5.

[^32]: ^?^ DIRECTV agrees to these license conditions for DBS
    satellites. *See* DIRECTV Reply Comments at 6.

[^33]: ^?^ This includes, but is not limited to, the submission of any
    information or analyses necessary for completing the Region 2 BSS
    Plan modification process.

[^34]: ^?^ 47 C.F.R. § 25.202(g).

[^35]: ^?^ Specifically, 14003 MHz and 14497 MHz, with an emission
    bandwidth of 1 MHz.

[^36]: ^?^ *See* DIRECTV Enterprises, LLC Supplemental Part 25
    Information for DIRECTV 7S, File No. SAT-LOA-20030611-00115, Call
    Sign S2455; Minor Amendment, File No. SAT-AMD-20031201-00344,
    Attachment B, Waiver Request for Use of the 14 GHz Band for Transfer
    Orbit TT&C Operations (filed December 1, 2003).

[^37]: ^?^ *Id*. at ¶ 3.

[^38]: ^?^ *Id* at ¶ 5.

[^39]: *Id.* at ¶ 6.

[^40]: 47 C.F.R. § 1.3.

[^41]: ^?^ Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1166 (D.C.
    Cir. 1990).

[^42]: ^.^

[^43]: ^?^ WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969); Dominion
    Video Satellite, Inc., *Order and Authorization*, 14 FCC Rcd 8182
    (1999).

[^44]: ^?^ *See* In the Matter of Policies and Rules for the Direct
    Broadcast Satellite Service, *Report and Order*, 17 FCC Rcd 11331
    (2002)("*Part 100 Order*").

[^45]: ^?^ *Id* at ¶ 132

[^46]: *Id*.

[^47]: *Id* at ¶ 132.

[^48]: ^?^ Hawaii Comments at 5.

[^49]: ^?^ *Id.*

[^50]: ^?^ 47 C.F.R. § 25.148(c).

[^51]: ^?^ *Part 100 Order* at ¶ 72.

[^52]: ^?^ DIRECTV Application at 8.

[^53]: ^?^ DIRECTV Reply Comments at 2.

[^54]: ^?^ *Id.*

[^55]: ^?^ MB Docket No. 03-82.

[^56]: ^?^ *Id.*

[^57]: ^?^ DIRECTV STA Request at ¶ 4.

[^58]: ^?^ *Id.* at ¶ 3.

[^59]: ^?^ *See* email from Ms. Chantal Beaumier, Director, Space and
    International Regulatory Activities, Industry Canada to Rockie
    Patterson, Engineer, Satellite Engineering Branch, Federal
    Communications Commission (dated January 20, 2004).

[^60]: ^?^ *Id.* at ¶ 4.

[^61]: ^?^ DIRECTV Application at 1.

[^62]: ^?^ DIRECTV Application at 5.

[^63]: ^?^ *See* 47 C.F.R. § 25.121(a).