**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the matter of                 | *  | File No.                     |
|                                  | *) | SAT-STA-20050427-00091       |
| Applications of DIRECTV          | ** |                              |
| Enterprises LLC:                 |    | Call Sign S2627              |
|                                  | *  |                              |
| Request for Special Temporary    | *) | File No.                     |
| Authority to Conduct Telemetry,  | ** | SES-MFS-20050427-00499       |
| Tracking and Control During the  |    |                              |
| Relocation of DIRECTV 1 to the   | *  | Call Sign E040024            |
| 72.5º W.L. Orbital Location      | *) |                              |
|                                  | ** | File No.                     |
| Request for Modification of      |    | SAT-MOD-20030613-00120       |
| Blanket Authorization for        | *  |                              |
| 1,000,000 Receive-Only Earth     | *) | File No.                     |
| Stations to Provide Direct       | ** | SAT-AMD-20041112-00208       |
| Broadcast Satellite Service in   |    |                              |
| the United States using the      | *  | Call Sign S2627              |
| Canadian-Authorized DIRECTV 1    | *) |                              |
| Satellite at the 72.5° W.L.      | ** | File No.                     |
| Broadcast Satellite Service      |    | SAT-STA-20050517-00104       |
| Location                         | *  |                              |
|                                  | *) | Call Sign S2673              |
| Request for Modification of      | ** |                              |
| License to Relocate DIRECTV 1 to |    |                              |
| the 101º W.L. Orbital Location   | *  |                              |
|                                  | *) |                              |
| Request for Special Temporary    | ** |                              |
| Authority to                     |    |                              |
|                                  | *  |                              |
| Conduct Telemetry, Tracking and  | *) |                              |
| Control During the Relocation of | ** |                              |
| DIRECTV 5 to the 109.8° W.L.     |    |                              |
| Orbital Location                 | *  |                              |
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+----------------------------------+----+------------------------------+

**ORDER AND AUTHORIZATION**

**Adopted:** July 14, 2005 **Released:** July 14, 2005

By the Deputy Chief, Satellite Division, International Bureau:

# INTRODUCTION

1.  With this Order, we grant the request of DIRECTV Enterprises, LLC
    (DIRECTV) for special temporary authority, for a period not to
    exceed 180 days from the release of this Order, to relocate its
    DIRECTV 1 satellite from its current position at the 101.125º W.L.
    orbital location to the 72.5º W.L. orbital location,[^1] and to
    conduct Telemetry, Tracking and Control (TT&C) functions for the
    satellite until the time it reaches its new location, subject to
    certain conditions. With this Order, we also grant DIRECTV's request
    for modification of its blanket authority to communicate with
    1,000,000 receive-only earth stations, which DIRECTV uses to provide
    "local-into-local"[^2] signals to U.S. consumers, which will now
    communicate with the DIRECTV 1 satellite. The DIRECTV 1 satellite
    will operate at the 72.5º W.L. orbital location under a Canadian
    space station authorization issued to Telesat Canada (Telesat) by
    Industry Canada. Because the United States authorization for DIRECTV
    1 will be terminated when it arrives at the 72.5º W.L. orbital
    location, we also dismiss, as moot, several pending applications
    relating to that space station. Customer traffic will be handed off
    from DIRECTV 5 to DIRECTV 1 while the satellites are briefly
    co-located at the 72.5º W.L. orbital location. Once the hand-off is
    completed, DIRECTV proposes to use the DIRECTV 5 satellite to
    replace a failing satellite at another orbital location. We grant
    DIRECTV's request for special temporary authority to relocate the
    DIRECTV 5 satellite to the 109.8º W.L. orbital location of the
    failing satellite (nominally, the 110º W.L. orbital location) after
    the hand-off, and to conduct TT&C operations during that drift.
    Grant of these applications will permit DIRECTV to commence a series
    of satellite fleet moves needed to maintain continuity of service to
    DIRECTV customers at several locations, necessitated by the
    deteriorating condition of another satellite in the DIRECTV fleet.

# BACKGROUND

2.  The DIRECTV 5 satellite currently operates at the 72.5º W.L. orbital
    location pursuant to an agreement between DIRECTV and Telesat, and
    under authorization issued by Industry Canada to Telesat.[^3] The
    proposed relocation of the DIRECTV 1 satellite to the 72.5º W.L.
    orbital location is based upon a revision to an agreement between
    DIRECTV and Telesat. The revised agreement will make the DIRECTV 5
    satellite available for use at another, U.S.-licensed orbital
    location. DIRECTV has agreed to move the DIRECTV 1 satellite to the
    72.5° W.L. orbital location, subject to necessary governmental
    approvals in the United States and in Canada. The agreement provides
    DIRECTV with an exclusive right to use all of the capacity on the
    DIRECTV 1 satellite at the 72.5° W.L. orbital location until at
    least September 30, 2008, unless DIRECTV launches two of three
    specific additional satellites before that date. Under the
    agreement, DIRECTV may, under certain circumstances, move the
    DIRECTV 1 satellite to one of its U.S.-licensed orbital
    locations,[^4] upon five days' notice to Telesat, in the event that
    DIRECTV 1 is needed to replace some or all of the capacity of
    certain other DIRECTV satellites should any of those satellites fail
    in orbit.

3.  The agreement states that, once DIRECTV 1 is at the 72.5º W.L.
    orbital location, it will be operated under Telesat's direction and
    control. DIRECTV will conduct TT&C for DIRECTV 1, on Telesat's
    behalf, from a U.S.-licensed earth station, until Telesat has
    developed and installed the necessary facilities in Canada to
    perform such functions.

4.  On April 27, 2005, DIRECTV filed with the Commission a copy of its
    agreement with Telesat, and requested that the agreement be withheld
    from public inspection pursuant to Sections 0.457 and 0.459 of the
    Commission's rules.[^5] On the same date, DIRECTV also filed a
    request for special temporary authority (STA) to relocate the
    DIRECTV 1 satellite, and a request for modification of its existing
    blanket earth station authorization.[^6] The Satellite Division of
    the International Bureau (Division) issued a Public Notice on April
    29, 2005 accepting DIRECTV's STA request for filing.[^7] The
    Division issued a public notice on May 25, 2005 accepting the
    DIRECTV blanket earth station request for filing.[^8] No comments
    were filed in response to either of these filings.

5.  On May 17, 2005, DIRECTV filed an application for an STA to relocate
    the DIRECTV 5 satellite, after its customer traffic at the 72.5º
    W.L. orbital location is transferred to the DIRECTV 1 satellite.[^9]
    On May 20, the Division issued a public notice accepting the STA
    request for filing.[^10] DIRECTV seeks authority to relocate the
    DIRECTV 5 satellite to the 109.8º W.L. orbital location, at which
    location it has applied to provide Direct Broadcast Service (DBS) on
    three licensed channels.[^11] No comments were filed in response to
    this request.

# DISCUSSION

## STA to Relocate DIRECTV 1

6.  The need to replace DIRECTV 5 with DIRECTV 1 results from the
    deteriorating condition of a third satellite, DIRECTV 6, at the
    109.8º W.L. orbital location, which has experienced repeated solar
    array failures, as recently as March of this year. In order to
    ensure that the three DBS channels on that satellite remain fully
    operational, DIRECTV has turned off payload heaters on board the
    satellite. DIRECTV reports that the degradation of operations
    stemming from the solar array failures is expected to continue as
    more arrays fail.[^12] It is also likely that the solar array
    failures will be aggravated by the approaching annual solar eclipses
    occurring around the autumnal equinox.

7.  DIRECTV explains that the DIRECTV 5 and DIRECTV 6 satellites were
    designed with the same operational capabilities, including an
    antenna design optimized for service from the nominal 110º W.L.
    orbital location at which DIRECTV 6 is now providing service.
    Therefore, DIRECTV 5 is well-suited to replace DIRECTV 6 at the 110º
    W.L. orbital location, while the DIRECTV 1 satellite, which does not
    share that antenna design, is not as well-suited for service at that
    location.[^13] At the same time, DIRECTV 1 is capable of providing
    the local-into-local services currently provided by DIRECTV 5 at the
    72.5º W.L. orbital location.[^14]

8.  Upon review, we find that DIRECTV has shown a grant of this request
    would serve the public interest. Specifically, this STA will enable
    DIRECTV to maintain continuity of DBS service from the 109.8º W.L.
    and 72.5º W.L. orbital locations, by authorizing the first in a
    series of satellite moves that will allow the replacement of a
    deteriorating DIRECTV 6 satellite.

9.  The DIRECTV 1 satellite will not be operating under a Commission
    authorization once the satellite arrives at the 72.5º W.L. orbital
    location. Accordingly, we are terminating the DIRECTV 1 license
    (Call Sign S2627) effective upon the arrival of the DIRECTV 1
    satellite at the 72.5º W.L. orbital location. We also dismiss, as
    moot, all pending applications affecting the operations of DIRECTV 1
    under Commission authority.[^15]

10. We have exchanged letters with Industry Canada in order to ensure
    that there is a mutual understanding regarding the operation of the
    DIRECTV 1 and DIRECTV 5 satellites. The understandings, and the
    factual background for these understandings, are provided as Annex A
    and are material considerations for the authorization contained in
    this Order. In general, the exchange of letters indicates that space
    station operations of DIRECTV 1 and DIRECTV 5 at the 72.5° W.L.
    orbital location will be pursuant to authorization of Telesat by
    Industry Canada. The two satellites will both operate for a brief
    period at the 72.5° W.L. orbital location, to accommodate testing
    and the transfer of customer traffic.

11. Finally, we address potential concerns about the life of the DIRECTV
    1 satellite because it is a model HS601 satellite. Other satellites
    of this design have experienced satellite control processor
    failures. More particularly, the HS601 satellites are susceptible to
    a type of satellite control processor failure called a "tin whisker"
    failure, referring to the growth of a pure tin crystal, resembling a
    whisker, on the input power relay unit.[^16] One of the satellite
    control processors on DIRECTV 1 failed on July 5, 1998.[^17] Since
    that time, the DIRECTV 1 satellite has continued to operate using
    its backup satellite control processor.

12. We have previously discussed information regarding the tin whisker
    failure phenomenon in an application for the DIRECTV 3 satellite,
    also an HS601 model.[^18] One of the two satellite control
    processors on the DIRECTV 3 satellite failed on May 4, 2002.[^19] In
    the DIRECTV 3 proceeding, the Satellite Division requested
    additional information on the statistical failure rate of satellite
    control processors caused by tin whisker short circuits. In
    response, DIRECTV relied on a statistical analysis submitted by
    PanAmSat after it suffered a similar processor failure.[^20] The
    analysis concluded that time in orbit was the best predictor of
    future probability for processor failure caused by tin whiskers.
    DIRECTV relied upon that analysis to conclude that its DIRECTV 3
    satellite had exceeded the time in orbit of all failed HS601
    satellite control processors.

13. On or about May 31, 2005, the Commission became aware of another
    HS601 satellite control processor failure in a satellite that had
    spent more time in orbit than any prior failure. Since this fact
    could call into question the conclusion of the statistical analysis
    previously relied upon by DIRECTV, the Satellite Division requested
    additional information from DIRECTV. In a letter filed June 13,
    2005, DIRECTV provided additional information on tin whisker
    failures and the potential impact should such a failure occur with
    DIRECTV 1.[^21] DIRECTV concluded that the May 2005 failure was an
    extreme event, but nevertheless still within the current model of
    probability. Assuming the continued validity of the failure
    probability model, DIRECTV 1 is well past the time in orbit where
    another satellite control processor failure should be expected.[^22]
    Based on the information provided by and relied upon by DIRECTV, we
    have no basis for requiring it to place DIRECTV 1 in a storage
    orbit.

## Blanket Authorization for Earth Stations to Communicate with DIRECTV 1

14. The Commission\'s *DISCO II Order* adopted the framework under which
    the Commission considers requests for non-U.S. licensed satellite
    systems to serve the United States.[^23] To implement this
    framework, the Commission established a procedure by which a service
    provider in the United States could request immediate access to an
    in-orbit, foreign satellite that would serve the U.S. market.[^24]
    This procedure requires the service provider to apply for an earth
    station license that lists the foreign satellite as an authorized
    point of communication.

15. In the *DIRECTV 5 Order*, we followed the precedent established in
    the *DBAC Order*, examining DIRECTV's application for blanket earth
    station authorization at the 72.5º W.L. orbital location.[^25] We
    examined in particular whether there were *de jure* or *de facto*
    barriers to entry for the provision of analogous service by U.S.
    operators in Canada, and whether any such barrier would cause
    competitive distortions in the United States.[^26] We considered
    those factors together with other public interest considerations to
    determine whether grant of the request would serve the public
    interest. We found that grant of DIRECTV's application was in the
    public interest because, among other things, the application
    proposed to provide local-into-local services in 24 markets not yet
    served by DIRECTV, thereby improving the quality of service to U.S.
    customers.[^27] In this case, we find no material difference in the
    competitive and public interest considerations for service to U.S.
    earth stations from the Canadian-licensed 72.5º W.L. orbital
    location, whether they communicate with the DIRECTV 5 satellite or
    the DIRECTV 1 satellite. Consequently, the conclusions we reached in
    the *DIRECTV 5 Order* remain valid for the instant modification
    application, which requests communication with the DIRECTV 1
    satellite.

16. In connection with its application for reception of signals from
    DIRECTV 5 at the 72.5º W.L. orbital location, DIRECTV indicated that
    DIRECTV 5 could operate within the envelope created by the 1996
    Canadian filing, designated CAN-BSS3.[^28] DIRECTV also indicated
    that "unless a BSS system that is entitled to protection comes into
    operation, DIRECTV plans to operate at levels that exceed those
    notified in the CAN-BSS3 filing on a non-harmful interference basis
    pursuant to Article 4.4 of the ITU Radio Regulations."[^29] DIRECTV
    also asserted that these higher levels will be "fully enveloped" by
    Canada's 2003 filing, designated CAN-BSS6, and that "if necessary
    DIRECTV will be able to switch to the lower-power operations while
    maintaining the 24 additional markets without any service
    interruption to consumers."[^30] We conditioned DIRECTV's prior
    blanket earth station authorization for service from the 72.5° W.L.
    orbital location consistent with these representations. We retain
    that condition, unchanged, in this authorization.

17. In its application to modify its blanket authorization for one
    million receive-only earth stations, DIRECTV seeks authority to
    replace DIRECTV 5 with DIRECTV 1 as the space station point of
    communication at the 72.5° W.L. orbital location. On review of the
    pending application, as well as the prior application for service
    from DIRECTV 5 at that location, we find no material difference in
    the coverage contour of the two satellites from the 72.5° W.L.
    orbital location. We also note that the DIRECTV 1 satellite operates
    at a power level that is 1 dBW less than is emitted from DIRECTV 5.
    Consequently, we find that the substitution of DIRECTV 1 as the
    point of communication will not result in additional interference to
    adjacent operations. We therefore grant DIRECTV's application to
    modify its blanket earth station authorization, substituting DIRECTV
    1 as the space station point of communication for the authorized
    earth stations.

## STA to Relocate DIRECTV 5

18. Upon relocation of DIRECTV 1 to the 72.5° W.L. orbital location,
    DIRECTV will transfer customer traffic from DIRECTV 5 to DIRECTV 1.
    DIRECTV 5 will no longer provide service at that location. DIRECTV
    has applied for special temporary authority to conduct TT&C during
    the relocation of the DIRECTV 5 space station from the 72.5° W.L.
    orbital location to the 109.8° W.L. orbital location, where it will
    replace DIRECTV 6, a satellite with failing solar panels. The period
    for public comment on this STA request has passed. No comments were
    filed. Thus, we grant DIRECTV authority to conduct TT&C during the
    relocation of the DIRECTV 5 from the 72.5° W.L. orbital location to
    the 109.8° W.L. orbital location.[^31] This STA will enable DIRECTV
    to maintain continuity of DBS service to its customers from the
    109.8º W.L. orbital location.

# ORDERING CLAUSES

19. Accordingly, IT IS 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 relocate the DIRECTV 1 satellite from the
    101.125º W.L. orbital location to the 72.5º W.L. orbital location
    and to conduct Telemetry, Tracking and Control functions during the
    drift and until January 10, 2006, File No. SAT-STA-20050427-00091,
    is GRANTED, subject to the following conditions:

    i.) During the drift to the 72.5º W.L. orbital location, DIRECTV
    Enterprises, LLC shall not operate the main communications payload
    on DIRECTV 1.

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

    iii.) During relocation of the DIRECTV 1 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 relocation of the DIRECTV 1
    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.

    v.) DIRECTV Enterprises, LLC shall provide the Chief, Satellite
    Division, International Bureau, with 30 days notice (confirmed email
    considered sufficient) prior to commencement of use of Telesat
    Canada's earth stations to provide the earth station segment of
    Telemetry, Tracking, and Control communications.

20. IT IS FURTHER ORDERED that, effective upon the date when the DIRECTV
    1 satellite reaches the 72.5° W.L. orbital location, the license for
    that satellite (Call Sign S2627) IS TERMINATED. IT IS FURTHER
    ORDERED that DIRECTV Enterprises, LLC, shall inform the Commission,
    through a letter to the Chief, Satellite Division, Federal
    Communications Commission, within five business days following the
    date on which the DIRECTV 1 satellite reaches the 72.5° W.L. orbital
    location.

21. IT IS FURTHER ORDERED that pending applications affecting the
    DIRECTV 1 satellite, File No. SAT-MOD-20030613-00120, File No.
    SAT-AMD-20041112-00208, are DISMISSED.

22. IT IS FURTHER ORDERED that, pursuant to Section 25.137(d) of the
    Commission's rules, 47 C.F.R. § 25.137(d), the application of
    DIRECTV Enterprises, LLC, File No. SES-MFS-20050427-00499, IS
    GRANTED, and the authorization of DIRECTV Enterprises, LLC to use
    1,000,000 receive-only Earth stations to receive transmissions in
    the 12.2-12.7 GHz frequency band from the 72.5° W.L. orbital
    location, Call Sign E040024, IS MODIFIED to specify DIRECTV 1 as the
    space station point of communication, until September 30, 2008,
    consistent with the technical parameters specified in its
    application, and subject to the following condition:

    Operations shall be consistent with applicable coordination
    agreements; to the extent such agreements have not been reached,
    operations shall be on a non-harmful interference basis, *i.e.*,
    operations of the DIRECTV 1 satellite shall not cause interference
    to, and shall not claim protection from, interference caused to it
    by any other lawfully operating satellites.

23. 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 relocate the DIRECTV 5 satellite from the 72.5º
    W.L. orbital location to the 109.8º W.L. orbital location, and to
    conduct Telemetry, Tracking and Control functions during the drift,
    File No. SAT-STA-20050517-00104 is GRANTED, effective upon
    successful transfer of customer traffic from the DIRECTV 5 satellite
    to the DIRECTV 1 satellite at the 72.5º W.L. orbital location, and
    for a period of 30 days thereafter, subject to the following
    conditions:

    i.) During the drift and upon arrival at the 109.8º W.L. orbital
    location, DIRECTV Enterprises, LLC shall not operate the main
    communications payload on DIRECTV 5.

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

    iii.) During relocation of the DIRECTV 5 satellite, DIRECTV
    Enterprises, LLC's 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 DIRECTV Enterprises, LLC's operations during the
    relocation of the DIRECTV 5 satellite, DIRECTV Enterprises, LLC,
    shall cease operations immediately upon notification of such
    interference and shall inform the FCC in writing immediately of such
    an event.

24. IT IS FURTHER ORDERED that DIRECTV Enterprises, LLC, shall inform
    the Commission, through a letter to the Chief, Satellite Division,
    FCC, within five business days following the date on which the
    DIRECTV 5 satellite departs the 72.5° W.L. orbital location.

25. DIRECTV Enterprises, LLC is afforded thirty days to decline these
    authorizations as conditioned. Failure to respond within this period
    will constitute formal acceptance of the authorizations as
    conditioned.

26. This Order is issued pursuant to authority delegated in Section
    0.261 of the Commission's rules, 47 C.F.R. § 0.261, and is effective
    upon release.

FEDERAL COMMUNICATIONS COMMISSION

Cassandra C. Thomas

Deputy Chief

Satellite Division

International Bureau

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[^1]: The term "72.5° W.L. orbital location," as used in this Order,
    refers to the nominal orbital position for the relevant Canadian
    frequency assignment under the International Telecommunication Union
    (ITU) Region 2 Plan for BSS and Feeder Link Assignments, as
    contained in Appendix 30A of the Radio Regulations, and to any
    specific orbital location within the 72.5±0.2° range defined by such
    assignment.

[^2]: The term "local-into-local," as used in this Order, refers to
    provision via satellite retransmission of local broadcast channels
    to subscribers who reside in the local TV station's market, which is
    defined as a Designated Market Area, or "DMA." *See* 17 U.S.C. §
    122(j)(2)(A). This action is taken pursuant to Section 25.131 of the
    Commission's Rules. *See* 47 C.F.R. § 25.131(j) (requiring most
    receive-only Earth stations that would operate with non-U.S.
    licensed space stations to be licensed).

[^3]: 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) (*DIRECTV 5 Order*).

[^4]: DIRECTV holds licenses to operate satellites pursuant to the U.S.
    assignments for the 101º, 110º and 119º W.L. orbital locations under
    the ITU Region 2 Plan for BSS and Feeder Link Assignments.

[^5]: 47 C.F.R. §§ 0.457, 0.459. *See* DIRECTV Enterprises, LLC, Request
    for Confidential Treatment (filed April 27, 2005).

[^6]: File No. SAT-STA-20050427-00091; File No. SES-MFS-20050427-00499.

[^7]: Policy Branch Information, Satellite Space Applications Accepted
    for Filing, Report No. SAT-00288 (released April 29, 2005).

[^8]: Satellite Communications Services re: Satellite Radio Applications
    Accepted for Filing, Report No. SES-007115 (released May 25, 2005).

[^9]: File No. SAT-STA 20050517-00104.

[^10]: Policy Branch Information, Satellite Space Applications Accepted
    for Filing, Report No. SAT-00292.

[^11]: *See* Application of DIRECTV Enterprises, LLC for Authorization
    to Operate DIRECTV 5, a Direct Broadcast Satellite, at 109.8º W.L.,
    File No. SAT-OA-20050504-00093 (filed May 4, 2005). *See also*
    Policy Branch Information, Satellite Space Applications Accepted for
    Filing, Report No. SAT-00303 (released July 1, 2005).

[^12]: DIRECTV Enterprises, LLC, Request for Special Temporary Authority
    to Relocate DIRECTV 1 to 72.5° W.L. and to Conduct Telemetry,
    Tracking and Control Operations for an Interim Period, File No.
    SAT-STA-20050427-00091 (DIRECTV 1 STA Application), at 3.

[^13]: DIRECTV 1 STA Application at 3.

[^14]: *See DIRECTV 5 Order*, 19 FCC Rcd. 15529.

[^15]: File No. SAT-MOD-20030613-00120; File No. SAT-AMD-20041112-00208.

[^16]: *See* Letter from James Butterworth, Senior Vice President,
    DIRECTV Enterprises, LLC, to Marlene H. Dortch, Secretary, Federal
    Communications Commission (dated June 13, 2005) (*DIRECTV Tin
    Whisker Letter*).

[^17]: *Id.* at 2.

[^18]: DIRECTV, Inc. Request for Special Temporary Authority for the
    DIRECTV 3 Satellite, *Order*, 19 FCC Rcd 11044 (Sat. Div., Int'l
    Bur. 2004).

[^19]: *DIRECTV Tin Whisker Letter* at 1.

[^20]: *See* PanAmSat Licensee Corp., Further Supplement to STA, File
    No. SAT-STA-20030324-00039 (filed April 24, 2003).

[^21]: *DIRECTV Tin Whisker Letter*.

[^22]: *Id.* at 3.

[^23]: *See* Amendment of the Commission\'s Regulatory Policies to Allow
    Non-U.S. Licensed Satellites Providing Domestic and International
    Service in the United States, *Report and Order*, IB Docket No.
    96-111, 12 FCC Rcd 24094 (1997) (*DISCO II* or *DISCO II Order*).

[^24]: *See DISCO II*, 12 FCC Rcd at 24174, ¶ 186. For a more detailed
    summary of the *DISCO II* framework, *see* Amendment of the
    Commission\'s Regulatory Policies to Allow Non-U.S.-Licensed Space
    Stations to Provide Domestic and International Satellite Service in
    the United States*, First Order on Reconsideration,* 15 FCC Rcd
    7207, 7209-10, ¶ 4-5 (1999) *further recon. denied* 16 FCC Rcd 19794
    (2001) (*DISCO II First Reconsideration Order*).

[^25]: *DIRECTV 5 Order*, 19 FCC Rcd at 15532-5, *citing* Digital
    Broadcasting Application Corp.*, Order*, 18 FCC Rcd 9455 (Int'l Bur.
    2003) (*DBAC Order*).

[^26]: *Id.* at 15532.

[^27]: *Id.*

[^28]: *DIRECTV 5 Order*, 19 FCC Rcd at 15536 ¶ 18, 15538 ¶ 25 (citing
    Letter from William M. Wiltshire, Counsel for DIRECTV Enterprises,
    LLC, to Thomas Tycz, Chief, Satellite Division, dated May 24, 2004,
    at 2).

[^29]: *Id.*

[^30]: *Id.*

[^31]: Operating authority for DIRECTV 5 at the 109.8° W.L. orbital
    location will be addressed separately. DIRECTV has filed an
    application seeking authority for DIRECTV 5 to replace DIRECTV 6 in
    providing DBS service at the 109.8° W.L. orbital location. *See*
    SAT-A/O-20050504-00093; Policy Branch Information, Satellite Space
    Applications Accepted for Filing, Report No. SAT-00303 (released
    July 1, 2005). *See also*, SAT-STA-20050518-00105 (seeking special
    temporary authority for up to 180 days, to relocate the DIRECTV 6
    satellite from the 109.8° W.L. orbital location to the 109.7° W.L.
    orbital location for up to one week to accomplish a customer traffic
    hand-off, and thereafter to the 109.5° W.L. orbital location for the
    remainder of the special temporary authority).