**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | SAT-A/O-20050504-00093       |
|                                  | *) |                              |
| DIRECTV Enterprises, LLC         | ** | Call Sign: S2417             |
|                                  |    |                              |
| Application for Authorization to | *  | SAT-STA-20050518-00105       |
| Operate                          | *) |                              |
|                                  | ** | Call Sign: S2656             |
| DIRECTV 5, a Direct Broadcast    |    |                              |
| Satellite,                       | *  |                              |
|                                  | *) |                              |
| at the 109.8º W.L. Orbital       | ** |                              |
| Location                         |    |                              |
|                                  | *  |                              |
| Request for Special Temporary    | *) |                              |
| Authority to                     | ** |                              |
|                                  |    |                              |
| Conduct Telemetry, Tracking and  | *  |                              |
| Control During the Relocation of | *) |                              |
| DIRECTV 6 to the 109.7° W.L. and | ** |                              |
| 109.5° W.L. Orbital Locations    |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**ORDER AND AUTHORIZATION**

**Adopted: October 4, 2005 Released: October 5, 2005**

By the Acting Chief, Satellite Division, International Bureau:

# INTRODUCTION

1.  With this Order, we grant DIRECTV Enterprises, LLC (DIRECTV)
    authority to operate its DIRECTV 5 satellite, to provide Direct
    Broadcast Satellite (DBS) service at the 109.8º W.L. orbital
    location. We also grant DIRECTV Special Temporary Authority (STA) to
    relocate its DIRECTV 6 satellite to the 109.7° W.L. orbital location
    to hand off customer traffic to DIRECTV 5, and thereafter to the
    109.5° W.L. orbital location for the remainder of 180 days from the
    date of release of this Order. These authorizations conclude a
    series of satellite moves that will allow DIRECTV to maintain
    continuity of service to its customers from the 109.8° W.L. orbital
    location.

# BACKGROUND

2.  The DIRECTV 6 satellite currently serves DBS customers on three
    channels at the 109.8° W.L. orbital location. Because DIRECTV 6 has
    experienced solar array failures that cause a continuing decrease in
    operational capacity, DIRECTV seeks authority to replace DIRECTV 6
    with the DIRECTV 5 satellite, and then to place the DIRECTV 6
    satellite at the 109.5° W.L. orbital location, where it will serve
    as an in-orbit spare. We previously authorized a series of satellite
    relocations that made the DIRECTV 5 satellite available for this
    request.[^1]

3.  Last year, DIRECTV 5, at that time licensed by the Commission, was
    relocated from the 119º W.L. orbital location to the 72.5º W.L.
    orbital location.[^2] On the date that the DIRECTV 5 satellite
    arrived at the 72.5º W.L. orbital location, its Commission license
    was terminated, and it began operations pursuant to a license issued
    by Industry Canada to Telesat Canada.[^3] DIRECTV now seeks to
    reauthorize the DIRECTV 5 satellite as a U.S.-licensed space station
    so that it can act as a replacement for the failing DIRECTV 6
    satellite at the 109.8º W.L. orbital location. We recently
    authorized DIRECTV to conduct Telemetry, Tracking and Control (TT&C)
    transmissions necessary to begin the relocation of the DIRECTV 1
    satellite from the 101.125º W.L. orbital location to the 72.5º W.L.
    orbital location, where it replaced the service provided by DIRECTV
    5.[^4] In that action, we also authorized DIRECTV to conduct TT&C
    during the relocation of DIRECTV 5 to the 109.8º W.L. orbital
    location.[^5]

4.  On May 4, 2005, DIRECTV filed an application seeking authorization
    to operate DIRECTV 5 at the 109.8º W.L. orbital location, replacing
    DIRECTV 6.[^6] The *DIRECTV 5 Application* was placed on public
    notice on July 1, 2005.[^7] On May 18, 2005, DIRECTV filed an
    application seeking special temporary authority to operate TT&C on
    its DIRECTV 6 satellite during a drift of that space station from
    the 109.8° W.L. orbital location to the 109.7° W.L. orbital location
    to accomplish the hand-off of customer traffic to DIRECTV 5.[^8]
    DIRECTV also seeks authority to then relocate DIRECTV 6 to the
    109.5º W.L. orbital location for the remainder of the 180-day period
    commencing on the date of authorization and to maintain DIRECTV 6 at
    that location as an in-orbit spare. The Commission placed the
    *DIRECTV 6 STA Request* on public notice on May 20, 2005.[^9] No
    comments were filed in response to either the satellite application
    or the STA request.

# DISCUSSION

## Orbiting Satellite as Replacement

5.  With the *DIRECTV 5 Application*, DIRECTV seeks authority to use the
    DIRECTV 5 satellite to replace the service now provided by the
    DIRECTV 6 satellite at the 109.8° W.L. orbital location. Although
    DIRECTV filed the application as a replacement application, we
    re-designated the application as a request for operating authority,
    to reflect the fact that the DIRECTV 5 satellite is already in
    orbit.[^10]

## Interference Analysis

6.  We must evaluate the interference potential of the DIRECTV 5
    satellite in relation to other DBS licensees and to the
    radiocommunications systems of other countries. More particularly,
    Commission rules require that DIRECTV 5 be operated in accordance
    with Appendices 30 and 30A of the International Telecommunication
    Union (ITU) Radio Regulations.[^11] Annex 1 of Appendices 30 and 30A
    provides the methodology and criteria for determining whether a
    proposed satellite might interfere with satellite frequency
    assignments that are in accord with the Region 2 Broadcast Satellite
    Service (BSS) Plan and its associated Feeder Link Plan, as well as
    whether the proposed satellite might interfere with other satellite
    systems, or terrestrial services. DIRECTV states that it will be
    able to operate DIRECTV 5 within the parameters of the same
    USABSS-16 filing that was filed with the ITU for DIRECTV 6 at the
    nominal 110º W.L. orbital location.[^12] DIRECTV must fulfill its
    obligations to complete ITU Region 2 Plan modification process for
    USABSS-16 in connection with its operation of DIRECTV 5 at the
    nominal 110º W.L. orbital location. 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 USABSS-16. Further, we
    condition operation of DIRECTV 5 such that, until the Region 2 BSS
    Plan and its associated Feeder Link Plan are modified by the ITU to
    include USABSS-16's parameters, DIRECTV shall not cause greater
    interference than that which would occur from the current USA Region
    2 Plan assignments at the nominal 110° W.L. orbital location to
    other BSS or feeder link assignments, or other services or satellite
    systems, operating in accordance with the ITU Radio Regulations.

7.  DIRECTV requests a waiver of the requirement, in Section 25.215 of
    the Commission's rules, that DBS antennas meet a cross-polarization
    isolation of 30 dB within the primary coverage area of the
    antenna.[^13] The Commission adopted this cross-polarization
    requirement in 2002, applying the rule to new applications and
    applications for replacement satellites.[^14] While this order
    constitutes a new authorization for the DIRECTV 5 space station, the
    already-orbiting satellite was authorized under the former Part 100
    DBS rules that did not include a cross-polarization requirement.
    DIRECTV's transmit and receive antennas are designed to meet a
    cross-polarization of 27 dB, but have successfully operated for
    several years, including the operations of DIRECTV 6 at the 109.8º
    W.L. orbital location.[^15] Although DIRECTV\'s use of 27 dB
    cross-polarization isolation may not be consistent with the
    Commission's current rules, it is unlikely that the resulting
    degradation is material. Licensees may use cross-polarization
    isolation different from that specified for the Region 2 BSS Plan if
    they demonstrate that such a difference does not result in
    interference to other operational or planned systems, including U.S.
    licensed systems.[^16] We therefore require that DIRECTV 5
    coordinate its operations with other potentially affected
    satellites, and operate on a non-harmful interference basis relative
    to any DBS space stations that are in compliance with the
    cross-polarization isolation requirement.

8.  Based on the above considerations, we find sufficient evidence to
    conclude that operation of DIRECTV 5 at the 109.8º W.L. orbital
    location will comport fully with all applicable international
    interference criteria and limitations, including DIRECTV\'s
    obligation to cooperate in ensuring that any potential for harmful
    interference to the satellites authorized to operate at the 110º
    W.L. orbital location be avoided. We also find that DIRECTV\'s
    proposal to provide DBS service from this location will serve the
    public interest, convenience and necessity in that it will ensure
    continuity of service to DIRECTV subscribers.

## License Term

9.  Section 25.121(a) of our rules specifies that licenses for DBS space
    stations not licensed as broadcast facilities will be issued for a
    period of 10 years, beginning on the date that the licensee
    certifies to the Commission that the satellite has been successfully
    placed into orbit and has begun authorized operations.[^17] The
    DIRECTV 5 satellite was authorized in 2000,[^18] launched in May
    2002,[^19] and has operated at several orbital locations for more
    than three years. We grant a license term of 10 years, effective
    from the date of this authorization.

## DIRECTV 6 STA Application

10. DIRECTV seeks special temporary authority in connection with
    operations of the DIRECTV 6 satellite while customer traffic is
    handed off to the DIRECTV 5 satellite, and then in connection with
    relocation of the DIRECTV 6 satellite to a storage orbit.
    Specifically, DIRECTV seeks authority to conduct TT&C during
    relocation to and operation at the 109.7º W.L. orbital location,
    just before the DIRECTV 5 satellite arrives at the 109.8° W.L.
    orbital location. Once the two satellites are at these orbital
    locations, DIRECTV will transfer customer traffic from DIRECTV 6 to
    DIRECTV 5. DIRECTV 6 will then no longer provide customer service.
    DIRECTV also requests authority to conduct TT&C on DIRECTV 6 after
    the transfer of customer traffic, during the relocation of the
    DIRECTV 6 space station from the 109.7° W.L. orbital location to the
    109.5° W.L. orbital location, and at the 109.5° W.L. orbital
    location, where it will remain as an in-orbit spare. The period for
    public comment on this application has passed. No comments were
    filed. We therefore grant DIRECTV authority to conduct TT&C in
    connection with the relocation of the DIRECTV 6 satellite from the
    109.8° W.L. orbital location to the 109.7° W.L. orbital location,
    and thereafter in connection with relocation to and maintenance of
    the satellite at the 109.5º W.L. orbital location. Given this
    disposition of the DIRECTV 6 space station, we dismiss, as moot,
    DIRECTV's pending request for permanent authority to operate DIRECTV
    6 at the 110º W.L. orbital location.[^20]

# ORDERING CLAUSES

11. Accordingly, IT IS ORDERED that the application of DIRECTV
    Enterprises, LLC for operating authority for DIRECTV 5, File Number
    SAT-A/O-20050504-00093, Call Sign S2417, IS GRANTED, and DIRECTV
    Enterprises, LLC IS AUTHORIZED to operate its satellite, DIRECTV 5,
    using channels 28, 30, and 32 in the 12.2-12.7 GHz and 17.3-17.8 GHz
    bands at the 109.8° W.L. orbital location, with ±0.05 longitudinal
    station-keeping, in accordance with the terms, representations, and
    technical specifications set forth in its application.

12. IT IS FURTHER ORDERED that the request of DIRECTV Enterprises, LLC
    for waiver of the cross-polarization requirement of the Commission's
    rules, 47 C.F.R. § 25.215, is GRANTED, and that the DIRECTV 5 space
    station shall coordinate its operations with other potentially
    affected satellites, and shall operate on a non-harmful interference
    basis relative to any DBS space stations that are in compliance with
    the cross-polarization isolation requirement.

13. IT IS FURTHER ORDERED that the license term for the DIRECTV 5
    satellite, Call Sign S2417, is ten years, commencing on October 5,
    2005.

14. 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.

15. IT IS FURTHER ORDERED that, pursuant to Section 25.120 of the
    Commission's rules, 47 C.F.R. § 25.120, the request of DIRECTV
    Enterprises, LLC to conduct Telemetry, Tracking and Control
    functions during a drift of the DIRECTV 6 satellite from the 109.8º
    W.L. orbital location to the 109.7º W.L. orbital location, File No.
    SAT-STA-20050518-00105, is GRANTED, subject to the following
    conditions:

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

    ii.) During this relocation of the DIRECTV 6 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.

    iii.) In the event that any harmful interference is caused as a
    result of operations during the relocations of the DIRECTV 6
    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.

16. IT IS FURTHER ORDERED that, pursuant to Section 25.120 of the
    Commission's rules, 47 C.F.R. § 25.120, the request of DIRECTV
    Enterprises, LLC to conduct Telemetry, Tracking and Control
    functions during the drift of the DIRECTV 6 satellite from the
    109.7º W.L. orbital location to the 109.5º W.L. orbital location and
    thereafter to conduct Telemetry, Tracking and Control functions to
    maintain DIRECTV 6 at the 109.5º W.L. orbital location, File No.
    SAT-STA-20050518-00105, is GRANTED until April 3, 2006 subject to
    the following conditions:

    i.) During the drift to the 109.5º W.L. orbital location, and while
    maintaining an orbit at the 109.5º W.L. orbital location, DIRECTV
    Enterprises, LLC shall not operate the main communications payload
    on DIRECTV 6.

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

    iii.) During relocations of the DIRECTV 6 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.

    iv.) In the event that any harmful interference is caused as a
    result of operations during the relocations of the DIRECTV 6
    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.

17. IT IS FURTHER ORDERED that the pending application for DIRECTV 6
    operating authority, File No. SAT-MOD-20030613-00121 is DISMISSED AS
    MOOT.

18. 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.

19. 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 to incorporate the characteristics of USABSS-16,
    in accordance with the ITU Radio Regulations. DIRECTV Enterprises,
    LLC shall be held responsible for all cost recovery fees associated
    with these ITU filings.  We also note that no protection from
    interference caused by radio stations authorized by other
    administrations is guaranteed unless coordination and notification
    procedures are timely completed or, with respect to individual
    administrations, by successfully completing coordination
    agreements.  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).

20. 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.

21. 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

Cassandra C. Thomas

Acting Chief

Satellite Division

International Bureau

[^1]: Applications of DIRECTV Enterprises, LLC, *Order and
    Authorization*, DA 05-1890 (released July 14, 2005) (*DIRECTV 1
    Order*).

[^2]: Application of DIRECTV Enterprises, LLC Request for Special
    Temporary Authority for the DIRECTV 5 Satellite, Application of
    DIRECTV Enterprises, LLC Request for Blanket Authorization for
    1,000,000 Receive Only Earth Stations to Provide Direct Broadcast
    Satellite Service in the United States using the Canadian Authorized
    DIRECTV 5 Satellite at the 72.5º W.L. Broadcast Satellite Service
    Location, *Order and Authorization*, 19 FCC Rcd 15529 (Int'l Bur.,
    Sat. Div. 2004). Frequencies at the 72.5º W.L. orbital location are
    assigned to Canada under the International Telecommunication Union's
    Plans for Broadcast Satellite Services and Associated Feeder Links.

[^3]: *Id.* at ¶ 26.

[^4]: *DIRECTV 1 Order*.

[^5]: *Id.* at ¶ 18.

[^6]: DIRECTV Enterprises, LLC, Application for Authorization to Operate
    DIRECTV 5, a Direct Broadcast Satellite, File No.
    SAT-A/O-20050504-00093 (*DIRECTV 5 Application*).

[^7]: Policy Branch Information, Satellite Space Applications Accepted
    for Filing, Report No. SAT-00303. The Public Notice noted that the
    prefix of the file number was changed from "SAT-RPL," designating a
    replacement application, to "SAT-A/O."

[^8]: DIRECTV Enterprises, LLC, Request for Special Temporary Authority,
    File No. SAT-STA-20050518-00105 (*DIRECTV 6 STA Request*).

[^9]: Policy Branch Information, Satellite Space Applications Accepted
    for Filing, Report No. SAT-00292.

[^10]: *See* note 7, *supra*. Typically, a replacement satellite is a
    newly-built satellite for which the applicant seeks authority to
    launch and operate. *See, e.g.*, Columbia Communications Corp.
    Authorization to Launch and Operate a Geostationary C-band
    Replacement Satellite in the Fixed-Satellite Service at 37.5º W.L.,
    *Memorandum Opinion and Order*, 16 FCC Rcd 20176 (Int'l Bur. 2001);
    GE American Communications, Inc., *Order and Authorization*, 10 FCC
    Rcd 13775 (Int\'l Bur. 1995); Hughes Communication Galaxy, Inc.,
    *Order and Authorization*, 3 FCC Rcd 3989 (1988).

[^11]: 47 C.F.R. § 25.148(f) (2004).

[^12]: *DIRECTV 5 Application*, Exhibit D at 3.

[^13]: *DIRECTV 5 Application* at Exhibit C; *see also* 47 C.F.R §
    25.215 (cross-polarization requirement).

[^14]: Policies and Rules for the Direct Broadcast Satellite Service,
    *Report and Order*, 17 FCC Rcd 11331, 11385 (2002).

[^15]: *DIRECTV 5 Application* at Exhibit C.

[^16]: *See* EchoStar Satellite Corp., Directsat Corp., EchoStar DBS
    Corp. Application for Authority to Make Minor Modifications to
    Direct Broadcast Satellite Authorizations, Launch, and Operational
    Authority, *Memorandum Opinion and Order*, 13 FCC Rcd 8595, 8604 ¶17
    (Int'l Bur., Sat. Div. 1998).

[^17]: 47 C.F.R § 25.121(d)(1)(2004).

[^18]: DIRECTV Enterprises, Inc., Authority to Launch and Operate a
    Direct Broadcast Satellite Service Space Station, *Order and
    Authorization*, 15 FCC Rcd 23630 (Int'l Bur., Sat. and Rad. Div.
    2000).

[^19]: *DIRECTV 5 Application* at 2-3.

[^20]: DIRECTV Enterprises, LLC Application for Modification,
    SAT-MOD-20030613-00121 (seeking permanent authority to operate
    DIRECTV 6 at the 110º W.L. orbital location, and DIRECTV 1 at the
    101ºW.L. orbital location). *See also*, *DIRECTV 1 Order*, DAT
    05-1890 (dismissing as moot applications affecting DIRECTV 1).