**DA 06-1651**

August 17, 2006

William M. Wiltshire, Esq.

Harris, Wiltshire & Grannis LLP

1200 Eighteenth St NW

Washington, DC 20036-2506

Re: Application for Authorization to Launch and Operate DIRECTV 13 at
110° W.L., IBFS File No. SAT-RPL-20060119-00005, Call Sign: S2693.

Dear Mr. Wiltshire:

On January 19, 2006, you filed on behalf of DIRECTV Enterprises, LLC
(DIRECTV) the above-captioned application to launch and operate a Direct
Broadcast Satellite (DBS) Service satellite, DIRECTV 13, at the 110°
W.L. nominal orbital location, operating in the 12.2-12.7 GHz service
link (space-to-Earth) band and the 17.3 - 17.8 GHz feeder link
(Earth-to-space) band in DBS channels 28, 30, and 32. For the reasons
discussed below, we dismiss the portions of the application pertaining
to the 36 MHz and 82 MHz wideband modes as premature, without prejudice
to refiling, because such operation violates the *DBS Freeze Public
Notice*. [^1]

*DBS Channel and Frequency Plan*. Generally, DBS operates in the 12.2 -
12.7 GHz band, with associated feeder links in the 17.3 - 17.8 GHz band.
The DBS feeder link and service link bands are divided into 32
overlapping channels, each nominally 24 MHz[^2] in bandwidth, spaced
14.58 MHz apart, with 12 MHz-wide guardbands at the lower and upper ends
of the bands. Odd-numbered channels (*e.g.* 1, 3, 5, ... 31) are
transmitted using right-hand circular polarization, and even-numbered
channels (*e.g*., 2, 4, 6, ... 32) are transmitted using left-hand
circular polarization. There is a 5.16 MHz guardband between the
channels transmitted using a given polarization. This guardband falls in
the center of a channel transmitted using the opposite polarization.

*DIRECTV's Authorization at 110° W.L. Nominal Location*. DIRECTV is
authorized to operate at the nominal 110° W.L. orbital location using 24
MHz of bandwidth on each of DBS channels 28, 30, and 32. On June 3,
1999, DIRECTV applied for authority to modify its DBS system
authorization to relocate its DBS-1[^3] satellite from the 101º W.L.
orbital location to the 109.8º W.L. orbital location. In its application
for this authority, DIRECTV included the International Telecommunication
Union (ITU) satellite network data specified in Annex 2 of Appendix 30
of the ITU Radio Regulations as Attachment 2 of its application. In this
attachment, DIRECTV listed the ITU satellite network name for DBS-1 as
USABSS-1M. DIRECTV stated that it would operate USABSS-1M on DBS
channels 28, 30, and 32,[^4] with emission designator 24M0G7W.[^5] On
September 1, 1999, the Commission granted this application consistent
with the terms, representations, and technical specifications set forth
in DIRECTV's application.[^6] In July 2003, DIRECTV received special
temporary authority to relocate DIRECTV 1 to the 101º W.L. orbital
location and to relocate DIRECTV 6 to the 110º W.L. orbital
location.[^7] DIRECTV subsequently submitted an ITU Region 2 BSS Plan
modification request for DIRECTV 6, showing the ITU network name for
DIRECTV 6 as USABSS-16. In its ITU filing for USABSS-16, DIRECTV stated
that DIRECTV 6 would transmit on DBS channels 28, 30, and 32 with
emission type 24M0G7W.[^8] In October 2005, DIRECTV received
authorization to operate its DIRECTV 5 satellite at the 109.8º W.L.
orbital location, replacing DIRECTV 6 at that location. In its
application to operate DIRECTV 5 at 109.8º W.L.,[^9] DIRECTV stated that
DIRECTV 5 would operate within the parameters of the same USABSS-16 ITU
filing that was filed for DIRECTV 6 at the nominal 110º W.L. orbital
location.[^10]

*DBS Freeze PN*. On December 21, 2005, the Commission released a Public
Notice freezing the filing of new DBS applications.[^11] The *DBS Freeze
Public Notice* specifically provided that the freeze on DBS applications
applies to any application for authority to provide DBS service to the
United States using the 12.2 - 12.7 GHz band and associated feeder links
in the 17.3 -17.8 GHz band. Thus, the *DBS Freeze Public Notice* applies
to both unassigned channels at orbit locations assigned to the United
States under the ITU Region 2[^12] Broadcasting Satellite Service (BSS)
[^13] and feeder-link Plans,[^14] and applications for DBS service from
space stations located at orbital locations not assigned to the United
States in the ITU Region 2 BSS and feeder-link Plans. The *DBS Freeze
Public Notice* stated that it applies to any request for "authority to
operate on frequencies and/or orbital locations not previously
authorized for operation" by a particular licensee regardless of whether
it came in as a modification request, replacement application, or other
procedural vehicle.

*DIRECTV 13 Application.* On page A-5 of its application for DIRECTV 13,
DIRECTV states, in pertinent part, that:

At the 110º W.L. orbital location, DIRECTV 13 will have three distinct
operational modes transmitting on or across the three even numbered DBS
uplink and downlink channels authorized to DIRECTV (*i.e*., channels 28,
30, 32). One mode will include three 24 MHz DBS channels, while the
other two modes will consist of one or two wideband channels, as shown
in Figure 5-1. ...The emission designators for the uplink and downlink
will be 24M0G7W, 36M0G7W, and 82M0G7W. The allocated bandwidths for
these emissions are 24 MHz, 36 MHz, and 82 MHz, respectively. DIRECTV 13
will operate in only one of the three distinct channel modes diagrammed
in Figure 5-1 at any given time.

Figure 5-1 of DIRECTV's application illustrates that in the 36 MHz
wideband mode, the two wideband channels, designated WB 1A and WB 1B,
will overlap the guardbands between DBS channels 28 and 30 and between
DBS channels 30 and 32, respectively. Figure 5-1 also illustrates that
in the 82 MHz wideband mode, the wideband channel, designated WB 2A,
will overlap both the guardband between DBS channels 28 and 30 and the
guardband between DBS channels 30 and 32. Because DIRECTV has never been
authorized to use these guardbands at the 110° W.L. orbital location,
DIRECTV is requesting authority to operate on frequencies not previously
authorized for operation by DIRECTV at this orbital location.
Accordingly, the wideband mode aspect of the application violates the
current DBS freeze. Therefore, we dismiss, as premature, the portions of
the application pertaining to wideband mode operation.

*Failure To Provide Section 25.114 Information for Additional Capacity*.
Section 25.114(c) of the Commission's rules[^15] requires all space
station applicants to submit all applicable items of information listed
in its subsections. In addition, Section 25.112(a)(1) of the
Commission's rules provides that an application will be unacceptable for
filing if "the application is defective with respect to completeness of
answers to questions, informational showings, internal inconsistencies,
execution, or other matters of a formal character."[^16] We note that
DIRECTV mentions in its application that DIRECTV 13 will have the
capability of operating on all 16 even-numbered channels.[^17] Although
we understand that DIRECTV does not seek authority to operate on all 16
even-numbered channels at this time,[^18] DIRECTV obviously seeks
authority to launch the satellite with this payload on board the
satellite.[^19] We therefore consider this portion of the application
defective because DIRECTV fails to provide the information required by
Section 25.114 of the Commission's rules for the additional capability
mentioned.[^20] Accordingly, this portion of the application is also
dismissed as defective.

We find that the 36 MHz and 82 MHz wideband mode operation portions of
DIRECTV's application are premature and the request to launch the
satellite with the capacity to operate on channels 2-26 are defective.
Accordingly, pursuant to the Commission's rules on delegated authority,
47 C.F.R. § 0.261(a)(4), we dismiss these portions of the application,
without prejudice to refiling.[^21]

Sincerely,

Robert G. Nelson

> Chief, Satellite Division
>
> International Bureau

[^1]: *See* Direct Broadcast Satellite (DBS) Service Auction Nullified:
    Commission Sets Forth Refund Procedures for Auction No. 52 Winning
    Bidders and Adopts a Freeze on All New DBS Service Applications,
    *Public Notice*, FCC 05-213 (rel. December 21, 2005) (adopting a
    freeze on all applications for new DBS authorizations to use the
    12.2-12.7 GHz band and associated feeder links in the 17.3- 17.8 GHz
    band pending Commission consideration of the appropriate processing
    rules for applications to provide DBS in the United States) (*DBS
    Freeze Public Notice*).

[^2]: In August 1989, the Commission denied a request by Hughes
    Communications Galaxy, Inc. to use 27 MHz channels, stating that
    "\[t\]he DBS channel designation scheme already has some overlap
    between channels, relying on cross-polarization to neutralize the
    negative effect of that amount of overlap.... In the absence of a
    conclusion that there would be no adverse affect, a compelling
    justification is needed to warrant authorization of such an
    operation." *See* Applications of Continental Satellite Corporation,
    EchoStar Satellite Corporation, Directsat Corporation, Orbital
    Broadcasting Company, Tempo Satellite, Inc., and Direct Broadcast
    Satellite Corporation, for Construction Permits for New Direct
    Broadcast Satellite Systems; Advanced Communications Corporation,
    United States Satellite Broadcasting Company, Inc., and Hughes
    Communications Galaxy, Inc., for Modification of Construction
    Permits for Direct Broadcast Satellite Systems; Permit of Dominion
    Video Satellite, Inc., Modification of Construction Permit for
    Direct Broadcast Satellite System, *Memorandum Opinion and Order*,
    FCC 89-257, 4 FCC Rcd. 6292 (1989) at 6297 (para. 59).

[^3]: The name of the DBS-1 satellite was changed to DIRECTV 1. *See*
    <http://www.spaceandtech.com/digest/sd2000-22/sd2000-22-006.shtml>
    (last visited May 22, 2006).

[^4]: *See* DIRECTV, Inc. Application for Modification of Direct
    Broadcast Satellite System and for Authorization to Relocate DBS-1
    Satellite to the 109.8º W.L. Orbital Location, IBFS File No.
    SAT-MOD-19990603-00062, Attachment 2 at p. 18 (filed June 3, 1999).

[^5]: *Id*., Attachment 2 at p. 19. The emission designator 24M0G7W
    indicates a necessary bandwidth of 24.0 MHz (24M0), and a phase
    modulated signal (G) carrying two or more channels containing
    quantized or digital information (7) with a combination of several
    types of transmitted information (W). *See* 47 C.F.R. §§ 2.201 and
    2.202.

[^6]: *See* DIRECTV Enterprises, Inc., Application for Modification of
    Direct Broadcast Satellite System and for Authorization to Relocate
    DBS-1 Satellite to the 109.8° W.L. Orbital Location, File No.
    SAT-MOD-199990603-00062, *O**rder and Authorization*, 15 FCC Rcd.
    6738 (rel. September 1, 1999).

[^7]: *See* DIRECTV, Inc. Request for Special Temporary Authority to
    Move and Operate Direct Broadcast Satellites to the 110º W.L. and to
    the 101º W.L., *Order*, 18 FCC Rcd 13166 (rel. July 2, 2003).

[^8]: *See* ITU Radiocommunication Bureau IFIC No. 2544, Notice ID No.
    104555005 (published May 17, 2005).

[^9]: *See* DIRECTV Enterprises, LLC, Application for Authorization to
    Operate DIRECTV 5, a Direct Broadcast Satellite, File No.
    SAT-A/O-20050504-00093 (filed May 4, 2005).

[^10]: *Id*. at Exhibit D, p. 3.

[^11]: *DBS Freeze Public Notice.*

[^12]: ITU Region 2 includes North, Central, and South America and
    Greenland. *See* Article 5, Section I of the ITU Radio Regulations.

[^13]: BSS is the international term used for a radiocommunication
    service in which signals transmitted or retransmitted by space
    stations are intended for direct reception by the general public.
    *See* 47 C.F.R. § 2.1. DBS is the term used in the United States to
    describe the domestic implementation of the BSS international
    service.

[^14]: The Regional Administrative Radio Conference in 1983 (RARC‑83)
    developed and adopted the Region 2 BSS and feeder-link Plans. It was
    not until 1985, at the World Administrative Radio Conference (WARC
    Orb‑85), that the Region 2 Plans were adopted internationally
    worldwide and became a part of the ITU\'s Radio Regulations. The ITU
    Region 2 BSS Plan is comprised of the Plan for BSS in the band
    12.2-12.7 GHz in ITU Region 2, as contained in Appendix 30 of the
    ITU Radio Regulations, and the associated Plan for the feeder-links
    in the frequency band 17.3-17.8 GHz for the broadcasting-satellite
    service in Region 2, as contained in Appendix 30A of the ITU Radio
    Regulations.

[^15]: 47 C.F.R. § 25.114(c).

[^16]: 47 C.F.R. § 25.112(a)(1).

[^17]: *See* Application for Authorization to Launch and Operate DIRECTV
    13, a Replacement Direct Broadcast Satellite, at 110° W.L., IBFS
    File No. SAT-RPL-20060119-00005, (filed January 19, 2006) (*DIRECTV
    Application*) at p. A-3.

[^18]: *See* DIRECTV Application at p. A-5, note 2.

[^19]: In its application, DIRECTV states that it "\[i\]f and when
    DIRECTV seeks to use additional channels on the payload, it will
    request further authorization and provide full particulars of its
    proposed operations at that time." As the time when DIRECTV seeks to
    operate the additional channels might not arise until after the
    actual launch of the satellite, it would be inadvisable to only
    receive the technical information on the satellite at that time.

[^20]: 47 C.F.R. § 25.114.

[^21]: If DIRECTV refiles an application, it need not pay a further
    application fee. *See* 47 C.F.R. § 1.1109(d).