Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| **In the Matter of**             | *  | File Nos.                    |
|                                  | *) |                              |
| DIRECTV ENTERPRISES, LLC         | ** | SAT-RPL-20050322-00070       |
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| Applications for Authority to    | *  | SAT-LOA-20051123-00250       |
| Launch                           | *) |                              |
|                                  | ** | SAT-AMD-20051114-00216       |
| and Operate the DBS and Ka-band  |    |                              |
|                                  | *  | Call Signs: S2669, S2689     |
| Payloads on the DIRECTV 9S       | *) |                              |
| Satellite;                       | ** |                              |
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| Amendment to Change Orbital      | *  |                              |
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**ORDER AND AUTHORIZATION**

**Adopted:** July 21, 2006 **Released:** July 21, 2006

By the Chief, Satellite Division, International Bureau:

# introduction

1.  By this Order, we authorize DIRECTV Enterprises, LLC (DIRECTV) to
    launch and operate DIRECTV 9S, a Geostationary Satellite Orbit (GSO)
    satellite which will contain a Direct Broadcast Satellite (DBS)
    space station and a Fixed Satellite Service (FSS) Ka-band[^1] space
    station,[^2] at the 101.10º W.L. orbital location. At the same time,
    we conditionally grant DIRECTV's requests for waivers of three of
    the Commission's rules.[^3] As explained below, we also decline to
    condition this license grant on DIRECTV's successful physical
    coordination of the DIRECTV 9S satellite's stationkeeping volume
    with the satellites of Mobile Satellite Ventures Subsidiary LLC
    (MSV) at the nominal 101º W.L. location, as sought by MSV.[^4] We
    find, however, that a frequency coordination condition is warranted
    as a condition on DIRECTV's request for a waiver of the
    cross-polarization isolation requirements of Sections 25.210 and
    25.215 of the Commission's rules. Further, we impose the standard
    frequency coordination condition required for Ka-band systems. In
    granting this authorization, we conclude that the DBS space station
    will provide DBS national and local-into-local programming, while
    the FSS Ka-band space station will allow for the expansion of
    local-into-local services into additional markets by providing
    additional capacity for backhauling the signals of local broadcast
    stations.

#  background

2.  Six in-orbit satellites are authorized to operate at assigned
    locations within 0.25 degrees of the 101º W.L. location.
    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.[^5] 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.[^6] 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 100.95º W.L. to 101.05º W.L.[^7] DIRECTV's
    DIRECTV 8 satellite is authorized to operate at the 100.75º W.L.
    orbital location with ± 0.05º longitudinal stationkeeping, thus
    DIRECTV 8 has an authorized longitudinal range of 100.70º W.L. to
    100.80º W.L.[^8] 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.[^9] The MSV-1 satellite is expected to
    be launched in 2010. Finally, DIRECTV has an application to launch
    and operate a satellite at the nominal 101º W.L. orbital location
    pending at the Commission.[^10]

3.  On March 22, 2005, DIRECTV filed an application seeking authority to
    launch and operate DIRECTV 9S,[^11] a DBS satellite which is
    intended to operate pursuant to DIRECTV's existing authority to
    operate on all 32 DBS channels in the 17.3-17.8 GHz frequency band
    in the Earth-to-space (uplink) direction, and on the 16
    even-numbered channels in the 12.2 GHz-12.7 GHz frequency band in
    the space-to-Earth (downlink) direction at the nominal 101º W.L.
    orbital location.[^12] On April 29, 2005, the application was placed
    on public notice as accepted for filing.[^13] On May 31, 2005, MSV
    filed comments requesting that any grant of the DIRECTV 9S
    application be conditioned upon DIRECTV's successful coordination of
    the stationkeeping volume of DIRECTV 9S satellite with MSV's
    satellites at the same orbital location.[^14] Subsequently, DIRECTV
    and MSV filed *ex parte* letters on this issue.[^15]

4.  On November 23, 2005, DIRECTV filed an application seeking authority
    to construct, launch, and operate a FSS Ka-band space station on the
    DIRECTV 9S satellite.[^16] DIRECTV did not have previous authority
    to operate a FSS Ka-band space station at this location. On December
    7, 2005, the application was placed on public notice as accepted for
    filing.[^17] No comments were filed in response to this Public
    Notice. Finally, on November 14, 2005, DIRECTV filed an amendment to
    its DIRECTV 9S DBS and FSS applications to, *inter alia,* change the
    requested orbital location of the proposed DIRECTV 9S satellite from
    101.125º W.L. to 101.10º W.L.[^18] The amendment was placed on
    public notice as accepted for filing on March 10, 2006.[^19] In
    addition, DIRECTV is seeking waivers of Sections 25.202(g),
    25.210(i), and 25.215 of the Commission's rules.[^20] No comments
    were filed.

# discussion

## DIRECTV's DBS System at the Nominal 101º W.L. Orbital Location

5.  DIRECTV currently operates a system of DBS satellites at the 101º
    W.L., 110º W.L., 119º W.L., and 72.5º W.L. nominal orbital
    locations.[^21] DIRECTV explains that the DBS space station on the
    DIRECTV 9S satellite will add to its capacity at the nominal 101º
    W.L. orbital location and is intended to replace the DIRECTV 1
    satellite's capacity at this location.[^22] The DBS space station of
    the DIRECTV 9S satellite will be collocated at the nominal 101º W.L.
    orbital location with the DIRECTV 1R, DIRECTV 4S, and DIRECTV 8
    satellites, where it will continue to provide national and
    local-into-local programming to DIRECTV subscribers, and will also
    provide redundancy for DIRECTV's existing DBS satellites.[^23] We
    conclude that granting DIRECTV's application for the DBS space
    station on the proposed DIRECTV 9S satellite is in the public
    interest because it will result in increased efficiency and capacity
    for DIRECTV's DBS satellite system which will allow DIRECTV to
    improve its service offerings to consumers.

## Ka-band Authorization

6.  We note that the application for the FSS Ka-band space station of
    the proposed DIRECTV 9S satellite is for a new GSO-like space
    station, and is thus subject to the first-come, first-served
    procedure set forth in the *First Space Station Reform Order.*[^24]
    Under the first-come, first-served procedure, the Commission will
    grant GSO-like applications if the Commission finds that the
    applicant is qualified to hold a satellite license and that the
    proposed satellite will not cause harmful interference to a
    previously licensed satellite. DIRECTV holds numerous Commission
    satellite licenses, and no one has questioned its legal
    qualifications to acquire a new satellite license. Accordingly, we
    find that DIRECTV is legally qualified to hold a satellite license.
    We also find that, because DIRECTV has submitted the required
    technical information, including adequate justification for waivers
    of several technical requirements, it is technically qualified to
    hold a satellite license. Finally, based on our review of DIRECTV's
    application, we find that the FSS Ka-band space station of the
    proposed DIRECTV 9S satellite will not cause harmful interference to
    any previously licensed satellites.

7.  ***Ka-band Coordination with Federal Systems***. Ka-band space
    systems operating in the 18.3-18.8 and 19.7-20.2 GHz bands are
    required to coordinate with Federal fixed-satellite service systems,
    both geostationary and non-geostationary, in accordance with
    footnote US334 to the U.S. Table of Frequency Allocations.[^25]
    Accordingly, DIRECTV's Ka-band authorization is conditioned on this
    coordination requirement.[^26] Consequently, absent a coordination
    agreement pursuant to footnote US334, DIRECTV shall operate its
    Ka-band downlinks on a non-harmful interference basis with regards
    to Federal systems in the 18.3-18.8 and 19.7-20.2 GHz bands and must
    terminate its Ka-band downlink operations immediately in the event
    that such operations cause harmful interference into operating
    Federal systems. In addition, DIRECTV must accept interference from
    such systems absent a coordination agreement pursuant to footnote
    US334.

8.  ***Bond Requirement***. In the *First Space Station Reform Order,*
    the Commission eliminated the financial requirements then in place
    and replaced them with a bond requirement.[^27] The bond requirement
    is intended to deter speculative space station applications and
    ensure that satellites are timely launched and service is provided
    to customers. Under this requirement, entities awarded a license for
    a new GSO-like satellite must execute a \$3 million bond, payable to
    the U.S. Treasury, within 30 days of the date of license grant.[^28]
    Accordingly, DIRECTV must post a bond for \$3 million within 30 days
    of the grant of this FSS Ka-band space station license. Failure to
    do so will render DIRECTV's license for the FSS Ka-band space
    station of the proposed DIRECTV 9S satellite null and void. We note,
    however, that the satellite appears to be scheduled for launch
    within the next few months.[^29] Accordingly, if the satellite is
    successfully launched within 30 days of the date of this order, no
    bond will be required.

## Coordination of Stationkeeping volumes 

9.  MSV asserts that DIRECTV should be required to coordinate
    stationkeeping volumes with MSV as a condition of its license.[^30]
    On September 22, 2005, DIRECTV filed an *ex parte* letter stating
    that such a condition is without precedent.[^31] DIRECTV also stated
    that because the DIRECTV 9S satellite will replace another DBS
    DIRECTV satellite that was previously located at the nominal 101º
    W.L. orbital location, there will be no increase in congestion at
    this orbital location.[^32] On September 30, 2005, MSV filed an *ex
    parte* letter in response to DIRECTV's letter. [^33] 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.[^34]

10. We will not require physical coordination as a condition on
    DIRECTV's license. There is no overlap between the stationkeeping
    volumes of the proposed DIRECTV 9S satellite and MSV's authorized
    satellites.[^35] We also note that the authorization for the MSV-1
    satellite was not conditioned upon successful coordination of its
    stationkeeping volume with the stationkeeping volumes of DIRECTV's
    satellites at the same location. Therefore, adopting the condition
    proposed by MSV would constitute inconsistent treatment of the two
    licensees.[^36] 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.[^37] Thus, we will not impose the particular
    stationkeeping 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. [^38]

## Waiver Requests

11. ***Telemetry, Tracking, and Control.*** Section 25.202(g) of the
    Commission's rules[^39] 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 requested a waiver of Section 25.202(g) so that it can
    use 14.0-14.5 GHz FSS frequencies[^40] for the purpose of conducting
    transfer orbit TT&C operations for DIRECTV 9S.[^41] DIRECTV explains
    that a waiver is necessary because Loral Skynet Network Services,
    Inc., which will be conducting transfer orbit TT&C on behalf of
    DIRECTV, employs Intelsat ground stations worldwide and none of
    these stations are equipped with 17 GHz command capabilities, and
    therefore, 14 GHz FSS frequencies must be used for the transfer
    orbit TT&C operations of DIRECTV 9S.[^42] DIRECTV estimates that,
    barring unforeseen circumstances, the need to use 14 GHz FSS
    frequencies for transfer orbit TT&C will last for approximately a
    ten-day period after the satellite is launched.[^43] DIRECTV states
    that it will follow standard industry practices for conducting
    transfer orbit operations, which include ensuring that no harmful
    interference occurs into the operation of any other satellite.[^44]

12. The Commission may waive a rule for good cause shown.[^45] 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.[^46]
    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 pubic interest.[^47]

13. The Commission has previously granted a waiver of Section 25.202(g)
    to DIRECTV for its DIRECTV 7S satellite based on virtually the same
    facts.[^48] In the *DIRECTV 7S Order,* the Commission noted that it
    has previously 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.[^49] 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.[^50] 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.[^51] 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.[^52]

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 9S. DIRECTV has 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 operations
    of the DIRECTV 9S satellite. The special circumstances are the lack
    of 17 GHz DBS-band TT&C facilities around the world, and the
    presence of 14 GHz FSS-band TT&C facilities. We anticipate that in
    the future, as more Ka-band satellite systems with TT&C links
    located within band are authorized, the Ka-band TT&C earth station
    network will be sufficiently developed so that there will not be a
    lack of such facilities and thus no need for operators to request
    waivers of Section 25.202(g) for out-of-band transfer orbit TT&C
    operations. 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 9S until DIRECTV 9S is located at the 101.10º W.L.
    orbital location.

15. ***Cross-Polarization Isolation Requirement for FSS Space
    Stations.*** Section 25.210(i) of the Commission's rules requires
    space station antennas in the FSS to be designed to meet a
    cross-polarization isolation of 30 dB within the primary coverage
    area of the antenna.[^53] DIRECTV states that the antennas of the
    DIRECTV 9S satellite are designed to meet a cross-polarization
    isolation of 27 dB.[^54] As such, DIRECTV is requesting a waiver of
    Section 25.210(i).

16. The cross-polarization isolation requirement of Section 25.210(i) of
    the Commission's rules is a technical requirement which is necessary
    in order to facilitate two-degree orbital spacing between
    geostationary satellites. The Commission has stated that two-degree
    spacing between geostationary satellites is one of the cornerstones
    of its satellite licensing policies.[^55] This policy permits the
    maximum use of the geostationary orbit. The two-degree orbital
    spacing requirement facilitates coordination of satellite networks
    and if it is not met, it will be difficult to coordinate the DIRECTV
    9S satellite with satellites serving the U.S. that are two-degree
    compliant. There are currently no satellites serving the United
    States in the vicinity of the proposed location of the DIRECTV 9S
    satellite that operate in the same bands as DIRECTV 9S is seeking to
    operate in, however, except for other DIRECTV satellites.[^56] As a
    result, the DIRECTV 9S satellite is not expected to cause harmful
    interference to any U.S. or foreign-licensed satellite serving the
    United States and licensed to another operator at this time. For
    this reason, we find that there is good cause to grant a waiver as
    conditioned of Section 25.210(i) of the Commission's rules in this
    instance.

17. In the future, should the Commission authorize access to the U.S.
    market to a satellite that is compliant with the two-degree spacing
    requirement, and is located as close as two degrees from DIRECTV 9S,
    DIRECTV will be expected to coordinate in good faith with the
    licensee of this satellite. If a coordination agreement is not
    reached, operation of DIRECTV 9S must be on a non-harmful
    interference basis relative to U.S. services being provided by any
    authorized system that is two-degree spacing compliant. Thus,
    DIRECTV's operations cannot cause more interference than would be
    caused if DIRECTV 9S complied with Section 25.210(i). Further,
    DIRECTV cannot claim protection against interference to its
    operations caused by U.S. services being provided by the two-degree
    compliant satellites if such interference results from failure of
    DIRECTV 9S to comply with Section 25.210(i).

18. ***Cross-Polarization Isolation Requirement for DBS Space
    Stations.*** Section 25.215 of the Commission's rules requires space
    station antennas in the DBS service to be designed to meet a
    cross-polarization isolation of 30 dB within the primary coverage
    area of the antenna.[^57] DIRECTV states that the antennas of the
    DIRECTV 9S satellite (both spot and CONUS) are designed to meet a
    cross-polarization isolation of 27 dB.[^58] Thus, DIRECTV is
    requesting a waiver of Section 25.215.

19. The Commission adopted the DBS cross-polarization requirement in
    2002, applying the rule to new applications and applications for
    replacement satellites.[^59] The rule was adopted to facilitate the
    ability of a U.S. DBS spacecraft to share frequencies with other
    U.S. DBS systems, particularly when two or more operators share the
    same nominal orbital position.[^60] DIRECTV states that it has
    concluded that a cross-polarization isolation of 27 dB "is more than
    sufficient to avoid excessive levels of intra-system
    interference."[^61] We note that since DIRECTV holds the license for
    all 32 DBS channels in the 101° W.L. DBS satellite cluster, the only
    other DBS satellites that will be co-located with the DIRECTV 9S
    satellite are other DIRECTV satellites. Therefore, there is no
    potential for harmful interference to the satellite systems of other
    operators as a result of the antennas of DIRECTV 9S having a
    cross-polarization isolation of 27 dB. For this reason, we find that
    there is good cause to grant a waiver of Section 25.215 of the
    Commission's rules in this instance. As the Commission has done in
    the past with respect to other waivers of Section 25.215, however,
    we condition this waiver on a requirement that DIRECTV coordinate
    the operations of DIRECTV 9S with other potentially affected space
    stations.[^62] If a coordination agreement is not reached, operation
    of DIRECTV 9S must be on a non-harmful interference basis relative
    to any DBS space stations that are in compliance with the
    cross-polarization isolation requirement. Thus, DIRECTV's operations
    cannot cause more interference than would be caused if DIRECTV 9S
    complied with Section 25.215.

20. Finally, we note that DIRECTV states that "cross-polarization
    interference is an intra-system design issue and does not affect
    inter-system coordination."[^63] We do not agree with this
    statement. Because cross-polarization isolation is a component of
    the total carrier-to-noise-plus-interference (C/(N+I)) scenario for
    a satellite communications link, budgeting higher cross-polarization
    interference results in a reduction of the ability to tolerate some
    other interference source, such as adjacent-satellite interference.
    Thus, it cannot be said that cross-polarization isolation is
    strictly an intra-system design issue that has "no effect" on
    inter-system coordination. Therefore, DIRECTV cannot claim
    protection against interference to its operations caused by other
    DBS space stations to any greater extent than if DIRECTV 9S complied
    with Section 25.215.

## Orbital Debris Mitigation 

21. We note that, on November 14, 2005, DIRECTV filed an amendment to
    provide an Orbital Debris Mitigation Plan for DIRECTV 9S.[^64]
    DIRECTV requests authority to launch and operate the DIRECTV 9S DBS
    and FSS space stations at the 101.10º W.L. orbital location. DIRECTV
    indicates that the requested location will enable it to operate its
    DIRECTV 9S 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.[^65] We conclude that the plan
    presented by DIRECTV for the DIRECTV 9S spacecraft demonstrates that
    its operation raises no public interest concerns related to orbital
    debris.[^66]

#  CONCLUSION AND ORDERING clauseS

22. Accordingly, IT IS ORDERED that, the applications of DIRECTV
    Enterprises LLC to launch and operate DIRECTV 9S, a GSO satellite
    which will contain a Direct Broadcast Satellite space station (Call
    Sign: S2669) and a Fixed Satellite Service Ka-band space station
    (Call Sign: S2689) and which will be located at the 101.10º W.L.
    orbital location, File Nos. SAT-RPL-20050322-00070,
    SAT-LOA-20051123-00250, and SAT-AMD-20051114-00216, ARE GRANTED,
    subject to the conditions contained in the succeeding ordering
    clauses.

23. IT IS FURTHER ORDERED that, pursuant to Section 25.121 of the
    Commission's rules, 47 C.F.R. § 25.121, the Direct Broadcast
    Satellite space station (Call Sign: S2669) of the DIRECTV 9S
    satellite IS AUTHORIZED for a license term of 10 years,[^67] and the
    Fixed Satellite Service Ka-band space station (Call Sign: S2689) of
    the DIRECTV 9S satellite IS AUTHORIZED for a license term of 15
    years from the date that DIRECTV Enterprises, LLC certifies to the
    Commission that the DIRECTV 9S satellite has been successfully
    placed into orbit and that the operations of the Direct Broadcast
    Satellite space station and the Fixed Satellite Service Ka-band
    space station fully conform to the terms and conditions of this
    authorization. Accordingly, DIRECTV is directed to provide its
    certification that the DIRECTV 9S satellite is operational within 90
    days of the DIRECTV 9S satellite arriving at the 101.10º W.L.
    orbital location.

24. IT IS FURTHER ORDERED that DIRECTV Enterprises, LLC IS AUTHORIZED to
    operate the Direct Broadcast Satellite space station of its DIRECTV
    9S satellite on all 32 DBS channels in the 17.3-17.8 GHz frequency
    band in the Earth-to-space (uplink) direction, and on the 16
    even-numbered channels in the 12.2 GHz-12.7 GHz frequency band in
    the space-to-Earth (downlink) direction.

25. IT IS FURTHER ORDERED that DIRECTV Enterprises, LLC IS AUTHORIZED to
    operate the Fixed Satellite Service Ka-band space station of its
    DIRECTV 9S satellite in the 28.35-28.60 GHz, 29.25-29.50 GHz, and
    29.50-30.00 GHz frequency bands in the Earth-to-space (uplink)
    direction, and in the 18.3-18.8 GHz and 19.7-20.2 GHz frequency
    bands in the space-to-Earth (downlink) direction.

26. IT IS FURTHER ORDERED that, pursuant to Section 1.3 of the
    Commission's rules, 47 C.F.R. § 1.3, DIRECTV Enterprises, LLC IS
    GRANTED a waiver of Section 25.202(g) of the Commission's rules, 47
    C.F.R. § 25.202(g), 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 of launch of the DIRECTV 9S
    satellite until it is established in a geostationary orbit.

27. IT IS FURTHER ORDERED that, pursuant to Section 1.3 of the
    Commission's rules, 47 C.F.R. § 1.3, the request of DIRECTV
    Enterprises, LLC for a waiver of the FSS space station antenna
    cross-polarization requirement contained in Section 25.210(i) of the
    Commission's rules, 47 C.F.R. § 25.210(i), IS GRANTED, with the
    condition that operation of the DIRECTV 9S FSS space station shall
    not cause more interference to U.S. services being provided by any
    authorized system that is two-degree spacing compliant than would be
    caused if the DIRECTV 9S FSS space station complied with Section
    25.210(i). Further, DIRECTV shall not claim protection against
    interference to its operations caused by U.S. services being
    provided by the two-degree spacing compliant satellites if such
    interference results from failure of the DIRECTV 9S FSS space
    station to comply with Section 25.210(i) of the Commission's rules,
    47 C.F.R. § 25.210(i).

28. IT IS FURTHER ORDERED that, pursuant to Section 1.3 of the
    Commission's rules, 47 C.F.R. § 1.3, the request of DIRECTV
    Enterprises, LLC for a waiver of the DBS space station antenna
    cross-polarization requirement contained in Section 25.215 of the
    Commission's rules, 47 C.F.R. § 25.215, IS GRANTED, with the
    condition that operation of the DIRECTV 9S DBS space station shall
    be coordinated with other potentially affected space stations, and
    shall operate on a non-harmful interference basis with respect to
    any DBS space stations that are in compliance with the
    cross-polarization isolation requirement. Further, DIRECTV shall not
    claim protection from interference from other DBS space stations to
    any greater extent than if the DIRECTV 9S DBS space station complied
    with Section 25.215 of the Commission's rules, 47 C.F.R. § 25.215.

29. IT IS FURTHER ORDERED that the Ka-band FSS DIRECTV 9S space station
    must be constructed, launched, and placed into operation in
    accordance with the technical parameters and terms and conditions of
    these authorizations by these specific time periods following the
    dates of authorization:

a\. Execute a binding contract for construction by May XX, 2007.

b\. Complete the Critical Design Review by May XX, 2008.

c\. Commence construction by May XX, 2009.

d\. Launch and begin operations by May XX, 2011.

e\. DIRECTV Enterprises, LLC must file a bond with the Commission in the
amount of \$3 million, pursuant to the procedures set forth in Public
Notice, DA 03-2602, 18 FCC Rcd 16283 (2003), as revised by Amendment of
the Commission's Space Station Licensing Rules and Policies, *First
Order on Reconsideration and Fifth Report and Order*, FCC 04-147, 19 FCC
Rcd 12637 (2004), within 30 days of the date of this grant.

Failure to meet any of these dates shall render these authorizations
null and void.

30. IT IS FURTHER ORDERED that, pursuant to Section 25.111(c) of the
    Commission's rules, 47 C.F.R. § 25.111(c), 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 the Direct Broadcast Satellite space station
    (Call Sign: S2669) of the DIRECTV 9S satellite, USABSS-21, 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.

31. IT IS FURTHER ORDERED that, pursuant to Section 25.111(b) of the
    Commission's rules, 47 C.F.R. § 25.111(b), DIRECTV Enterprises, LLC
    shall prepare the necessary information, as may be required, for
    submission to the ITU to initiate and complete the advance
    publication, international coordination, due diligence, and
    notification process of the Fixed Satellite Service Ka-band space
    station (Call Sign: S2689) of the DIRECTV 9S satellite, in
    accordance with the ITU Radio Regulations. DIRECTV shall be held
    responsible for all cost recovery fees associated with these ITU
    flings. 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 may be subject to
    additional terms and conditions as required to effect coordination
    of the frequency assignments of other administrations.

32. IT IS FURTHER ORDERED that DIRECTV must coordinate all of its
    Ka-band downlink operations with Federal fixed-satellite service
    systems, both geostationary and non-geostationary, in accordance
    with footnote US334 to the Table of Frequency Allocations, 47 C.F.R.
    § 2.106. Absent a coordination agreement pursuant to footnote US334,
    DIRECTV shall operate its Ka-band downlinks on a non-harmful
    interference basis with regards to Federal systems in the 18.3-18.8
    and 19.7-20.2 GHz bands and must terminate its Ka-band downlink
    operations immediately in the event that such operations cause
    harmful interference into operating Federal systems. In addition,
    DIRECTV must accept interference from such systems absent a
    coordination agreement pursuant to footnote US334.

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

34. 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

    Robert G. Nelson

    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. *See* ITU Radio Regulations Articles 1.61 and
    1.64. *See also* 47 C.F.R. § 25.201.

[^3]: *See* File No. SAT-RPL-20050322-00070 ("DIRECTV DBS Application")
    at Exhibit C and File No. SAT-LOA-20051123-00250 ("DIRECTV FSS
    Application") at Exhibit C, 47 C.F.R. §§ 25.202(g), 25.210(i),
    25.215.

[^4]: *See* Comments of Mobile Satellite Ventures Subsidiary LLC, filed
    May 31, 2005 (MSV Comments).

[^5]: *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).

[^6]: *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.

[^7]: *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 STA's 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).

[^8]: *See* DIRECTV Enterprises, LLC Applications for Modification of
    Assigned Orbital Location of the DIRECTV 8 (K) Ka-band Payload and
    DIRECTV 8 (D) DBS Payload from 100.85º W.L. to 100.75º W.L.,
    *Order,* 20 FCC Rcd 15819 (rel. Oct. 7, 2005).

[^9]: *See* Mobile Satellite Ventures Subsidiary LLC, *Order and
    Authorization,* 20 FCC Rcd 9752 (2005) (granting with conditions
    File Nos. SAT-LOA-19980702-00066, SAT-AMD-20001214-00171,
    SAT-AMD-20010302-00019, SAT-AMD-20031118-00335,
    SAT-AMD-20040209-00014, and SAT-AMD-20040928-00192) ("*MSV-1
    Order"*) *pending* Petitions for Reconsideration/Clarification. We
    note that both MSV and EchoStar have filed petitions regarding the
    *MSV-1 Order.* Petition for Clarification and/or Reconsideration
    filed by EchoStar Satellite L.L.C. on June 22, 2005; and Petition
    for Clarification or Partial Reconsideration filed by Mobile
    Satellite Ventures Subsidiary LLC on June 22, 2005. Our action here
    is without prejudice to these petitions.

[^10]: File Nos. SAT-LOA-19970605-00050 (application to operate in the
    17 GHz band). This application has not yet been accepted for filing.

[^11]: DIRECTV DBS Application.

[^12]: DIRECTV DBS Application at 1. The DIRECTV 1 satellite was
    previously moved to the 72.5º W.L. orbital location. *See*
    Applications of DIRECTV Enterprises LLC, *Order and Authorization,*
    11 FCC Rcd 11772 (2005).

[^13]: *See* International Bureau, Policy Branch Information: Satellite
    Space Applications Accepted for Filing, *Public Notice,* Report No.
    SAT-00288 (rel. April 29, 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). 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]: DIRECTV FSS Application. We note that DIRECTV initially filed its
    application for a FSS Ka-band space station on the DIRECTV 9S
    satellite on August 22, 2005. File No. SAT-LOA-20050822-00165. This
    application was dismissed as defective. *See* Letter to William M.
    Wiltshire, Esq., Harris, Wiltshire & Grannis LLP, from Fern J.
    Jarmulnek, Deputy Chief, Satellite Division, International Bureau,
    FCC, dated November 17, 2005.

[^17]: *See* International Bureau, Policy Branch Information: Satellite
    Space Applications Accepted for Filing, *Public Notice*, Report No.
    SAT-00333 (rel. Dec. 7, 2005).

[^18]: File No. SAT-AMD-20051114-00216 ("Amendment"). This Amendment
    pertained to File Nos. SAT-RPL-20050322-00070 (DBS) and
    SAT-LOA-20050822-00165 (FSS).

[^19]: *See* International Bureau, Policy Branch Information: Satellite
    Space Stations Accepted for Filing, *Public Notice,* Report No.
    SAT-00347 (rel. March 10, 2006).

[^20]: DIRECTV DBS Application at Exhibit C, DIRECTV FSS Application at
    Exhibit C. DIRECTV is seeking waivers of Sections 25.202(g) and
    25.215 in its DBS Application, and it is seeking waivers of Sections
    25.202(g) and 25.210(i) in its FSS Application.

[^21]: DIRECTV DBS Application at 1.

[^22]: *Id.*

[^23]: *Id.*

[^24]: Amendment of the Commission's Space Station Licensing Rules and
    Policies, *First Report and Order and Further Notice of Proposed
    Rulemaking,* 18 FCC Rcd 10760, 10810-12 (paras. 125-131) (2003)
    (*First Space Station Reform Order*).

[^25]: *See also* 47 C.F.R. § 2.106.

[^26]: A licensee may initiate coordination under US 334 by submitting a
    letter request to the Commission.

[^27]: *First Space Station Reform Order,* 18 FCC Rcd at 10824. *See
    also* 47 C.F.R. § 25.165.

[^28]: 47 C.F.R. § 25.165(a)(2).

[^29]: <http://www.lyngsat.com/launches/index.html> (last visited on May
    9, 2006).

[^30]: MSV Comments at 3. MSV states that the fact that DIRECTV may
    launch and operate its DIRECTV 9S satellite prior to MSV launching
    and operating its MSV-1 satellite should not "prejudice MSV's right
    or limit MSV's flexibility to operate at this orbital location."

[^31]: DIRECTV Ex Parte Letter.

[^32]: *Id.* at 2.

[^33]: MSV Ex Parte Letter.

[^34]: *Id.*

[^35]: *See* MSV Comments. As noted in fn. 9 *supra*, on June 22, 2005,
    MSV filed a petition seeking clarification or partial
    reconsideration of the Commission's May 23, 2005 grant of its
    application to operate the MSV-1 satellite at the 101.0º W.L.
    orbital location with ± 0.05º longitudinal stationkeeping, which is
    currently pending. In its petition, MSV states that it believes that
    its MSV-1 satellite is subject to ± 0.10º longitudinal
    stationkeeping. Petition for Clarification or Partial
    Reconsideration filed by Mobile Satellite Ventures Subsidiary LLC on
    June 22, 2005.

[^36]: *See* DIRECTV Ex Parte Letter at 2.

[^37]: *See* Mitigation of Orbital Debris, *Second Report and Order,* 19
    FCC Rcd 11567 (2004) (*Orbital Debris Second Report and Order)*. In
    the *Orbital Debris Second 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 para. 49. 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.

[^38]: *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).

[^39]: 47 C.F.R. § 25.202(g).

[^40]: Specifically, 14003.0 MHz and 14497.0 MHz, with an emission
    bandwidth of 1 MHz.

[^41]: DIRECTV DBS Application at Exhibit C at 1, DIRECTV FSS
    Application at Exhibit C at 1.

[^42]: *Id.*

[^43]: *Id.*

[^44]: *Id.*

[^45]: 47 C.F.R. § 1.3.

[^46]: Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1166 (D.C. Cir.
    1990).

[^47]: WAIT Radio v. FCC, 418 F.2d 1153, (D.C. Cir. 1969); Dominion
    Video Satellite, Inc., *Order and Authorization,* 14 FCC Rcd 8182
    (1999).

[^48]: *See* In the Matter of DIRECTV Enterprises, LLC, Application for
    Authority to Launch and Operate DIRECTV 7S, *Order and
    Authorization,* 19 FCC Rcd 7754 at paras. 11-14 (2004) ("*DIRECTV 7S
    Order*").

[^49]: *DIRECTV 7S Order* at para. 13 (*citing* In the Matter of
    Policies and Rules for the Direct Broadcast Satellite Service,
    *Report and Order,* 17 FCC Rcd 11331, 11392-93 at para. 132. (2002).

[^50]: *Id.*

[^51]: *Id.*

[^52]: *Id.*

[^53]: 47 C.F.R. § 25.210(i).

[^54]: DIRECTV FSS Application at Exhibit C at 2.

[^55]: *See* In the Matter of Application of New Skies Satellites, N.V.
    for Authorization to Access the U.S. Market, *Order and
    Authorization,* 14 FCC Rcd 13003, 13037 at para. 75 (1999).

[^56]: These satellites are Spaceway 2 at 99.2º W.L., DIRECTV 8 at
    100.75º W.L., and Spaceway 1 at 102.8º W.L.

[^57]: 47 C.F.R. § 25.215.

[^58]: DIRECTV DBS Application at Exhibit C at 2.

[^59]: *See* Policies and Rules for the Direct Broadcast Satellite
    Service, *Report and Order,* 17 FCC Rcd 11331, 11385 (2002).

[^60]: *Id.*

[^61]: DIRECTV DBS Application at Exhibit C at 2.

[^62]: *See* In re 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 at
    para. 17 (1998).

[^63]: DIRECTV DBS Application at Exhibit C at 2.

[^64]: IBFS File No. SES-AMD-20051114-00216.

[^65]: Amendment at 1.

[^66]: All applications that were pending as of October 19, 2005 and
    were subject to the information requirements of Section 25.114 of
    the Commission's rules were required to file an Orbital Debris
    Mitigation Disclosure Plan by November 18, 2005. *See* International
    Bureau Satellite Division Information, Disclosure of Orbital Debris
    Mitigation Plans, Including Amendment of Pending Applications,
    *Public Notice,* DA 05-2698 (rel. Oct. 13, 2005).

[^67]: Section 25.121 provides that licenses for DBS space stations
    licensed as broadcast facilities will be issued for a period of 8
    years. Licenses for DBS space stations not licensed as broadcast
    facilities will be issued for a period of 10 years. 47 C.F.R. §
    25.121.