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 Federal  Communications  Commission  DA  04-  2607 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 SWE-  DISH  Satellite  Communications,  Inc.  )  File  Nos.:  SES-  LIC-  200309  10-  0  1236 
 Application  for  Authority  to  Operate  a  Single  )  Temporary-  Fixed  Earth  Station  in  the  Ku-  ) 
 Band  Fixed-  Satellite  Service 


 )  SES-  AMD-  20040116-  0057 
 Call  Sign:  E030197 


 ORDER  AND  AUTHORIZATION 
 Adopted:  August  20,2004  Released:  August  23,2004 
 By  the  Chief,  Satellite  Division,  International  Bureau: 


 I.  INTRODUCTION 
 1.  In  this  Order,  we  grant  SWE-  DISH  Satellite  Communications,  Inc.  (  SWE-  DISH)  a  license  to  operate  an  elliptical  0.90X0.66  meter,  transportable,  transmitheceive,  fixed-  satellite-  service 


 (FSS)  earth  station,  subject  to  conditions.  The  earth  station  will  operate  in  portions  of  the  Ku-  band  and  provide  an  Internet  Protocol  (IP)  gateway  using  certain  U.  S  .-  licensed  satellites  for  various  services, 
 including  digital  video  news  gathering,  internet  connections,  broadband  access,  and  other  common  and  non-  common  carrier  services.  The  earth  station  is  designed  to  interface  with  numerous  other  electronic 
 devices  such  as  a  portable  computer,  Moving  Pictures  Expert  Group  (MPEG)  encoder  and  telephone  interface  to  provide  the  telecommunications  services  listed  above. 


 11.  BACKGROUND 
 2.  On  September  10,  2003,  SWE-  DISH  filed  an  application  for  a  license  to  operate  a  single  non-  circular  (elliptical)  earth  station  with  an  antenna  0.90  x  0.66  meters  in  diameter  that  would  transmit  in 


 conventional  Ku-  band  (14.0-  14.5  GHz)  and  receive  in  the  conventional  and  extended  Ku-  band  (10.95-  12.75  GHz).  The  extended  Ku-  band  at  10.95-  11.7  GHz  is  allocated  for  international  use  only.*  In 
 addition,  the  12.2-  12.7  GHz  band  is  not  allocated  for  the  Fixed-  Satellite  Service  in  the  United  States  and  12.7-  12.75  GHz  is  not  allocated  to  the  Fixed-  Satellite  Service  in  the  space-  to-  earth  direction.  3  SWE- 
 DISH  also  requested  authority  to  operate  its  earth  station  with  all  U.  S.-  licensed  satellites  (  ALSAT 


 The  Ku-  band  encompasses  the  frequencies  in  the  10  -  14  GHz  range.  The  term  conventional  Ku-  band  refers  to  the  1  1.7-  12.2  GHz  (downlink)  and  14.0-  14.5  GHz  (uplink)  frequency  bands.  The  term  extended  Ku-  band  refers 
 to  Ku-  band  frequencies  outside  the  conventional  Ku-  band. 
 See  47  C.  F.  R.  52.106,  n.  NG104. 
 See  47  C.  F.  R.  5  2.106. 


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 Downlink  Spectrum 
 (GHz) 


 The  SWE-  DISH  application  was  accepted  for  filing  and  placed  on  public  notice  on  September  24,  2003?  PanAmSat  Corporation  (  PanAmSat)  filed  a  Petition  to  Deny,  6  claiming  that  the  earth  station 
 could  cause  interference  into  PanAmSats  operations  if  the  earth  station  accessed  any  satellite  adjacent  to  one  of  PanAmSats  satellites.  AvL  Technologies,  Inc.  (AvL)  and  TriPoint  Global,  Inc.  (TriPoint)  filed 
 comments,  asserting  that  SWE-  DISHS  proposed  earth  station  does  not  meet  the  Commissions  technical  rules  and  will  cause  interference  to  adjacent  satellite  operations.  After  meeting  with  PanAmSat  and  other 
 satellite  operators,  and  revisiting  frequency  bands  in  which  it  seeks  to  communicate,  SWE-  DISH  reduced  the  list  of  satellites  with  which  it  seeks  to  communicate  and  its  proposed  frequency  bands  to  the 
 following: 


 Service  Sat  ellit  e  Operator 


 10*  95-  1  s20  1  1.45-  1  1.7 
 Loral 


 International  PanAmSat 


 Target  Satellite 
 Nominal  Orbital 
 Position  (W.  L.) 


 37.5 


 45 


 Uplink  Spectrum 
 (GHz) 


 14.0-  14.5 
 14.0-  14.5 


 I  AMC-  5  I  SES  Americom  I  79  I  14.0-  14.5  I  AMC-  3  I  SES  Americom  1  87  I  14.0-  14.5 


 I  Telstar-  6  1  Loral  I  93  1  14.0-  14.5  I  Galaxy-  3C  I  PanAmSat  1  95  I  14.0-  14.5 


 11.7-  12.2  Domestic  0 
 11.7-  12.2  1  Domestic 
 11.7-  12.2  I  Domestic 
 11.7-  12.2  I  Domestic 
 11.7-  12.2  1  Domestic 


 SWE-  DISH  Satellite  Communication,  Inc.,  Application  for  Earth  Station  License,  File  No.:  SES-  LIC-  200309  10-  01  236,  Call  Sign:  E030197  (filed  Sep.  IO,  2003)  (  SWE-  DISH  License  Application). 


 Satellite  Communications  Services,  RE:  Satellite  Radio  Applications  Accepted  for  Filing,  Public  Notice,  Report  No.  SES-  00535  (rel.  Sep.  24,2003),  at  page  4. 
   SWE-  DISH  Satellite  Communications,  Inc.,  Application  for  Earth  Station  Authority  in  the  Fixed  Satellite  Service,  Petition  to  Deny  of  PanAmSat  Corporation,  File  No.  SES-  LIC-  20030910-  01236  (Oct.  24,2004). 
 SWE-  DISH  Satellite  Communication,  Inc.,  Minor  Amendment  to  Application  of  SWE-  DISH  Satellite  Communications,  Inc.,  File  Nos.  SES-  LIC-  200309  10-  01  236;  SES-  AMD-  20040116-  0057  (July  20,  2004).  See  also 
 SWE-  DISH  Satellite  Communication,  Inc.,  Clarijkation  of  SWE-  DISH  Satellite  Communications,  Inc.  File  Nos.:  SES-  LIC-  200309  10-  01  236;  SES-  AMD-  20040116-  0057  (July  16,  2004)  and  SWE-  DISH  Satellite  Communication, 
 Inc.,  Clarijkation  of  SWE-  DISH  Satellite  Communications,  Inc.  File  Nos.:  SES-  LIC-  200309  10-  0  1236;  SES-  AMD- 


 *  We  note  that  SWE-  DISH  only  applied  for  domestic  services  in  the  conventional  Ku-  bands  at  14.0-  14.5  and  1  I  .7-  12.2  GHz.  However,  these  bands  are  also  available  for  purposes  of  communicating  with  international  points. 
 Therefore,  while  the  scope  of  this  authorization  is  limited  to  operation  of  the  earth  station  within  U.  S.  territory,  the  earth  station  is  authorized  to  receive  communications  from  and  transmit  to  international  points  using  the  14.0-  14.5 
 and  1  1.7-  12.2  GHz  frequency  bands. 


 200401  16-  0057  (July  21,2004). 


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 Federal  Communications  Commission  DA  04-  2607 
 PanAmSat  subsequently  conditionally  withdrew  its  Petition  to  Deny.  9 
 111.  DISCUSSION 
 3.  Under  the  Commissions  rules,  Ku-  band  earth  stations  with  an  equivalent  diameter  of  less  than  1.2  meters,  such  as  the  proposed  SWE-  DISH  earth  station,  are  not  routinely  licensed.  Instead,  the 


 Commission  reviews  such  applications  on  a  case-  by-  case  basis  to  ensure  that  the  earth  station  does  not  cause  unacceptable  levels  of  interference.  To  assist  the  Commission  in  making  that  determination,  the 
 applicant  may  provide  either  an  analysis  showing  that  no  unacceptable  interference  will  be  caused  or  evidence  that  all  potentially  affected  satellite  operators  have  agreed  to  the  proposed  operations. 


 4.  SWE-  DISH  reached  agreement  with  each  of  the  four  U.  S.-  licensed  satellite  operators  potentially  affected  by  its  proposed  operation  of  its  single  earth  station.    In  particular,  Loral  Skynet, 
 PanAmSat  and  SES  Americom  have  agreed  that,  because  of  the  occasional  nature  of  the  transmissions  from  the  SWE-  DISH  earth  station,  they  can  support  the  grant  of  this  application  if  the  Commission 
 incorporates  the  following  conditions  in  the  authorization: 
 a.  That  the  maximum  uplink  power  density  shall  not  exceed  -16  dB  W/  4KHz. 


 b.  The  SWE-  DISH  [earth  station]  shall  not  transmit  until  the  target  satellite  operator  has  contacted  the  adjacent  satellite  operators  to  secure 
 their  approval  of  such  operations.  This  will  ensure  that  the  proposed  operations  will  not  cause  unacceptable  interference  to  existing  customer 
 services.  Operators  shall  negotiate  in  good  faith  to  secure  the  necessary  approvals  for  operation  of  the  non-  compliant  antenna.  12 


 Intelsat  also  has  communicated  its  belief  that  operation  of  the  SWE-  DISH  earth  station  up  to  an  input  power  density  of  -14  dBW/  4kHz  would  not  cause  unacceptable  interference  to  its  affected  ~ate1lites.  l~ 
 5  .  AvL  argues  that  in  order  to  ensure  that  the  proposed  non-  conforming  S  WE-  DISH  earth  station  does  not  cause  interference  to  adjacent  satellite  operations,  the  Commission  should  require  SWE- 
 DISH  to  file  an  amended  application  that  demonstrates  the  following:  (1)  off-  axis  emissions  directed  at  satellites  uniformly  spaced  at  2  will  not  exceed  the  15-  29  log  8  dBw/  4kHz  allowed  by  the  Commission; 
 (2)  the  antenna  will  always  be  tilted  properly  to  align  the  90cm  axis  of  the  SWE-  DISH  reflector  with  the  orbital  arc  within  reasonable  limits,  (3)  the  input  power  for  the  antenna  is  controlled  to  stay  at  or  below 
 the  -14dBw/  4kHz  level  allowed  by  the  Commission;  and  (4)  the  antennas  pointing  accuracy  of  *0.2  is  achieved  and  maintained  in  10dsec  (22  mph)  winds  (with  a  posted  warning  not  to  transmit  with  winds 
 exceeding  20  mph).  14  TriPoint  questions  whether  the  earth  station  will  create  a  radiation  safety  hazard 
 SWE-  DISH  Satellite  Communications,  Inc.,  File  No.  SES-  LIC-  200309  10-  0  1236,  Conditional  Withdrawal  of  Petition  to  Deny  of  PanAmSat  Corporation  (tiled  January  26,2004)  (PanAmSat  Conditional  Withdrawal). 


 l  o  47  C.  F.  R.  525.212  (c). 
 These  were  PamAmSat,  Loral,  SES  Americom  and  Intelsat. 
 See  letter  to  Secretary,  FCC,  from  Loral  Skynet,  PanAmSat  and  SES  Americom,  January  6,2004 
 See  letter  to  Shahnaz  Ghavami,  FCC,  from  Intelsat,  January  13,2004. 


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 l  4  AvL  Comments  at  p.  5  . 


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 because  its  operations  will  exceed  the  established  safe  limits  for  non-  ionizing  radiation  (1  mW/  cm2)  by  a  factor  of  400  at  an  input  power  of  12.1  watts?  TriPoint  recommends  that  SWE-  DISH  should  amend  its 
 application  to  include  the  information  needed  for  a  reasoned  analysis.  Specifically,  TriPoint  wants  SWE-  DISH  to  provide  in  its  amended  application  measured  antenna  pattern  data  for  angle  increments  of 
 -0.1  degrees,  which  is  the  norm  for  modern  range  data  acquisition  systems  .  .  .  SWE-  DISH  should  provide  the  exact  method  used  to  ensure  pointing  accuracy.  Absent  extraordinary  circumstances,  this 
 should  be  automatic  or  an  operator  should  be  required  to  be  on  d  ~t  y  .  ~ 
 6.  SWE-  DISH  states  that  AvL  and  TriPoints  comments  are  completely  without  merit  and  appear  intended  mainly  to  im  ede  the  deployment  of  state-  of-  the-  art  transportable  earth  station 


 technology  in  the  United  state^."^  SWE-  DISH  points  out  that  both  AvL  and  TriPoint  are  competitors  to  SWE-  DISH.  In  response  to  claims  of  potential  interference  caused  by  the  elliptical  antenna  and  orbital 
 arc  deviations  off  of  the  main  axis,  SWE-  DISH  claims  to  have  developed  a  tilting  mechanism  which  can  approximately  align  the  major  axis  of  the  antenna  with  the  geostationary  orbital  arc.  18  With  regard  to  the 
 issue  of  pointing  accuracy,  S  WE-  DISH  claims  that  the  earth  station  antenna  and  associated  equipment  already  contain  several  features  to  ensure  compliance  with  Commission  requirements.  First,  the  high 
 precision  motor  drive  system  allows  the  operator  to  adjust  the  antenna  pointing  in  0.1  steps  from  the  graphical  user  interface  (GUI)  19. 
 .  .  [second],  SWE-  DISH  has  had  extensive  wind  tunnel  tests  conducted  showing  that,  even  at  the  operating  wind  speed  of  lOm/  s,  the  deflection  of  the  antenna  in  the  azimuth 


 plane  will  not  exceed  0.1  for  all  wind  direction^."^^  In  response  to  AvLs  concern  about  whether  the  earth  stations  EIRP  limits  are  determined  by  various  data  rates  and  FECs,  SWE-  DISH  points  out  that  the 
 earth  station  is  fully  integrated  with  a  complete  management  system  controlled  by  the  GUI,  which  allows  the  operator  to  accurately  control  and  monitor  the  transmit  power  l  e  ~e  l  .~ 


 7.  Given  that  the  operators  of  the  target  satellites  as  well  as  the  operators  of  the  potentially  affected  satellites  have  all  agreed  on  the  acceptability  of  the  interference  potential  resulting  from  the 
 operation  of  the  SWE-  DISH  earth  station  under  certain  conditions,  we  will  impose  the  requested  conditions  on  the  operation  of  this  earth  station.  Thus,  the  interference  concerns  raised  by  AvL  and 
 TriPoint  need  not  be  addressed  any  further,  leaving  only  the  issue  of  radiation  hazard  to  be  considered.  The  Commissions  rules  define  the  maximum  permissible  exposure  (MPE)  to  non-  ionizing  radiation  for 
 the  general  public  in  an  uncontrolled  environment  in  the  14.0-  14.5  GHz  band  to  be  1.0  mW/  cm2  for  a  period  not  exceeding  30  minutes.  For  individuals  in  a  controlled  occupational  environment,  the  MPE  is 
 5.0  mW/  cm2  for  a  period  not  exceeding  6  minutes.  22  SWE-  DISH  has  provided  a  radiation  hazard  analysis  ~  ~~  ____ 
 l  5  TriPoint  Reply  Comments  at  p.  2. 
 l  6  Id. 
 SWE-  DISH  Opposition  Comments  at  p.  2. 
 Id.  at  p.  7.  The  earth  station  can  be  tilted  in  ten-  degree  increments,  thus  allowing  the  major  axis  of  the  antenna  to  be  aligned  to  the  geostationary  satellite  orbital  arc  within  approximately  five  degrees. 


 l  9  A  graphical  user  interface  (  GUY)  is  [  a]  generic  name  for  any  computer  interface  that  substitutes  graphics  for 
 characters.  GUIs  usually  work  with  a  mouse  or  a  trackball.)  See  Newton  S  Telecom  Dictionary,  CMP  Books  (I  8th  Edit.  2002). 


 2o  S  WE-  Dish  Opposition  Comments  at  Attachment  A. 
 Id.  at  p.  8.  SWE-  DISH  also  acknowledges,  in  response  to  concerns  raised  by  AvL  in  its  Comments  of  October  24,  2003,  that  the  product  and  performance  specifications  on  its  website  are  incorrect,  and  that  the  specifications 


 contained  in  its  Application  before  the  Commission  are  accurate  and  take  precedence.  Id. 
 22  47  C.  F.  R.  8  1.1310. 


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 1x 


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 Federal  Communications  Commission  DA  04-  2607 
 indicating  that  these  limits  will  be  exceeded  in  the  vicinity  of  the  earth  station  for  which  license  is  In  its  Reply  Comments,  TriPoint  highlights  that  the  SWE-  DISH  analysis  shows  that  the  limit 
 would  be  exceeded  by  a  factor  of  more  than  400  in  the  worst  case.  24  The  areas  of  possible  excess  exposure  include  the  region  directly  in  front  of  the  .main  reflector,  for  some  distance  along  the  main  beam 
 of  the  antenna  in  the  direction  of  the  satellite,  as  well  as  behind  and  around  the  main  reflector.  The  region  of  greatest  possible  exposure  would  be  in  the  vicinity  of  the  feed  and  the  sub-  reflector  and  in  the  spill- 
 over  region  of  the  sub-  reflector.  We  will  require  that  the  operator  of  the  earth  station  assure  that  no  individuals  will  be  exposed  to  radiation  levels  beyond  the  MPE  limits.  In  order  to  facilitate  this  we 
 require  that  a  label  or  labels  be  permanently  placed  on  the  earth  station,  warning  about  the  radiation  hazard  and  including  a  diagram  showing  the  regions  around  the  earth  station  where  the  levels  could 
 exceed  1.0  mW/  cm2.  It  shall  be  the  responsibility  of  the  earth  station  operator  to  keep  individuals  from  straying  within  this  region  by  means  of  signs,  caution  tape,  verbal  warnings,  placement  of  the  earth 
 station  so  as  to  minimize  access  to  the  hazardous  region,  or  any  other  appropriate  means. 
 IV.  CONCLUSION 
 8.  We  therefore  grant  SWE-  DISH'S  application  for  a  single  temporary  fixed  earth  station,  subject  to 
 condition^.^^  We  find  that  such  grant  will  not  create  any  unacceptable  interference  to  adjacent  satellite  operations,  as  long  as  all  of  the  conditions  contained  in  this  Order  are  met.  SWE-  DISH  must 


 apply  for  authorization  to  operate  any  additional  units. 
 V.  ORDERING  CLAUSES 
 9.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Sections  308,  309,  and  310  of  the  Communications  Act  of  1934,  as  amended,  47  C.  F.  R.  $8  308,  309,  310,  and  Sections  25.1  15  and  25.121 


 (a)  of  the  Commission's  rules,  47  C.  F.  R.  tjtj  25.115  and  25.121  (a),  the  Application  for  Earth  Station  Authorization,  File  Nos.  SES-  LIC-  200309  10-  01236,  SES-  AMD-  20040116-  0057,  Call  Sign  E0301  97,  IS 
 GRANTED,  and  SWE-  DISH  Satellite  Communications,  Inc.,  IS  AUTHORIZED  to  operate  a  single  transportable  terminal,  subject  to  the  following  conditions: 


 a.  The  earth  station's  maximum  uplink  power  density  shall  not  exceed  -16  dB  WI4KHz. 
 b.  The  earth  station  will  not  transmit  until  the  target  satellite  operator  has  contacted  the  adjacent  satellite  operators  to  secure  their  approval  of  such 
 operations. 
 C.  This  authorization  is  limited  to  communications  with  1)  the  Telstar-  1  1  satellite  at  the  37.5"  W.  L.  nominal  orbital  location  in  the  14.0-  14.5  GHz 


 (uplink)  and  11.7-  12.2  GHz  (downlink)  bands,  2)  the  AMC-  5  satellite  at  the  79"  W.  L.  orbital  location  in  the  14.0-  14.5  GHz  (uplink)  and  11.7-  12.2 
 GHz  (downlink)  bands,  3)  the  AMC-  3  satellite  at  the  87"  W.  L.  orbital  location  in  the  14.0-  14.5  GHz  (uplink)  and  11.7-  12.2  GHz  (downlink) 
 bands,  4)  the  Telstar-  6  satellite  at  the  93"  W.  L.  nominal  orbital  location 


 S  WE-  DISH  License  Application,  supra,  at  Attachment  Exhibit  D. 
 TriPoint  Reply  Comments  at  p.  2. 
 In  the  event  SWE-  DISH  sells  the  antenna  earth  station  for  operations  by  another  party,  it  must  comply  with  the 


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 transfer  of  control  provisions  of  the  Commission's  rules  for  satellite  communications.  See,  e.  g.,  47  C.  F.  R.  tj  25.1  19. 


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 Federal  Communications  Commission  DA  04-  2607 
 in  the  14.0-  14.5  GHz  (uplink)  and  11.7-  12.2  GHz  (downlink)  bands,  5)  the  Galaxy-  3C  satellite  at  the  95"  W.  L.  nominal  orbital  location  in  the 
 14.0-  14.5  GHz  (uplink)  and  11.7-  12.2  GHz  (downlink)  bands,  and  6)  the  PAS  1R  satellite  at  the  45"  W.  L.  nominal  orbital  location,  in  the  14.0- 
 14.5  GHz  (uplink),  10.95-  1  1.2  GHz  (downlink)  and  11.45-  1  1.7  GHz  (downlink)  bands.  Communications  in  the  10.95-  11.2  GHz  and  the 
 1  1.45-  1  1.7  GHz  bands  must  originate  from  points  outside  the  United  States. 


 d.  SWE-  DISH  shall  take  all  reasonable  and  customary  measures  to  ensure  that  the  earth  station  does  not  create  a  potential  for  harmhl  non-  ionizing 
 radiation  to  persons  who  may  be  in  the  vicinity  of  the  earth  station  when  it  is  in  operation.  At  a  minimum,  permanent  warning  label@)  shall  be 
 affixed  to  the  earth  station  warning  of  the  radiation  hazard  and  including  a  diagram  showing  the  regions  around  the  earth  station  where  the 
 radiation  levels  could  exceed  1.0  mW/  cm2.  The  operator  of  the  earth  station  shall  be  responsible  for  assuring  that  individuals  do  not  stray  into 
 the  regions  around  the  earth  station  where  there  is  a  potential  for  exceeding  the  maximum  permissible  exposure  limits  required  by  Section 
 1.13  10  of  our  Rules,  47  C.  F.  R.  t  j  1.13  10.  This  shall  be  accomplished  by  means  of  signs,  caution  tape,  verbal  warnings,  placement  of  the  earth 
 station  so  as  to  minimize  access  to  the  hazardous  region  and/  or  any  other  appropriate  me  ans  . 


 e.  In  the  event  of  a  report  of  harmhl  interference  resulting  from  the  use  of  the  earth  station,  SWE-  DISH  will  immediately  cease  operations  and 
 inform  the  Commission. 
 f.  Whenever  the  earth  station  is  in  use,  a  trained  and  competent  operator  must  be  physically  present. 


 10.  SWE-  DISH  is  afforded  thirty  days  to  decline  this  authorization  as  conditioned.  Failure  to  respond  within  this  period  will  constitute  formal  acceptance  of  the  authorization  as  conditioned. 
 11.  This  Order  is  issued  pursuant  to  Section  0.261  of  the  Commission's  rules,  47  C.  F.  R.  t  j  0.26  1  and  is  effective  upon  release.  Petitions  for  reconsideration  under  Section  1.106  or  applications  for 
 review  under  Section  1.1  15  of  the  Commission's  rules,  47  C.  F.  R.  tjtj  I  .  106  and  1.1  15,  may  be  filed  within  30  days  of  the  date  of  the  release  of  this  Order. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Thomas  S.  Tycz  Chief,  Satellite  Division 
 International  Bureau 


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