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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) DIRECTV Enterprises, Inc. ) File No. SAT-LOA-19990331-00035 ) Application for authority to launch ) and operate a replacement Direct ) Broadcast Satellite Service ) space station ) ORDER AND AUTHORIZATION Adopted: July 30, 1999 Released: August 2, 1999 By the Chief, Satellite and Radiocommunication Division: 1. By this Order, we grant DIRECTV Enterprises, Inc. ("DIRECTV") authority to launch and operate a replacement direct broadcast satellite ("DBS") space station, and locate it with DIRECTV's existing network of DBS satellites at the 101o W.L. orbital location. This grant will enable DIRECTV to ensure continuity of service for its customers and to expand those services. 2. DIRECTV currently operates a DBS system consisting of three high-powered satellites, DBS-1, DBS-2, and DBS-2A, each of which is collocated at the 101o W.L. orbital location. In its application DIRECTV states that on July 4, 1998, DBS-1 experienced a failure of its primary spacecraft control processor ("SCP"). During the failure, DBS-1 automatically switched to the on board backup, enabling DBS-1 to continue providing service to DIRECTV subscribers without interruption. Nevertheless, DIRECTV determined that the SCP failure has compromised its system's ability to offer DIRECTV customers long-term, uninterrupted subscription services. Consequently, DIRECTV is seeking authority to launch and operate DBS-1R as a replacement satellite for DBS-1. DBS-1R will ultimately be positioned at 101.2o W.L., where it will be collocated with DBS-2 and DBS-2A and provide Ku-Band BSS coverage, on a non-broadcast, non-common carrier basis, to the contiguous United States ("full-CONUS"), Alaska and Hawaii. DBS-1R will use the 12.2-12.7 GHz frequency band for downlink operation and the 17.3-17.8 GHz frequency band for uplink operation. 3. DIRECTV states that DBS-1R is designed to provide replacement and additional capability for the existing DIRECTV system, thereby using DIRECTV's assigned spectrum more efficiently. The additional capability, according to DIRECTV, will be used to deliver new video programming services including basic and premium services. Moreover, adds DIRECTV, the deployment of DBS-1R will allow it to incorporate the latest developments in satellite technology in its DBS system and thereby enhance its video programming service for subscribers, enabling it to compete more effectively in the cable television dominated multichannel video program distribution or "MVPD" market. DIRECTV states that the launch of DBS-1R will facilitate the commencement of DBS service to Hawaii and improved service to Alaska. Finally, DIRECTV submits that the deployment of DBS-1R will allow the continued efficient utilization of DBS-1. According to DIRECTV, despite its primary SCP failure, all of the capacity on DBS-1 remains usable. Consequently, DIRECTV says it intends to utilize DBS-1 at another orbital location. Discussion 4. We find that grant of DIRECTV's application is in the public interest. DIRECTV's legal and financial qualifications to launch and operate DBS-1R are a matter of record. DIRECTV is an established DBS licensee and a wholly-owned subsidiary of Hughes Electronics Corporation, which is in turn wholly-owned by General Motors Corporation. DIRECTV has shown that authorizing it to launch and operate DBS-1R will result in a number of important public interest benefits including improved service capacity, greater competition in the MVPD market, and DIRECTV's commencement of DBS service to Hawaii. 5. In considering DIRECTV's application, we must evaluate its interference potential to other DBS permittees and to the radiocommunication systems of other countries. In particular, we must determine that its DBS-1R satellite will be operated in accordance with Appendices S30 and S30A of the International Telecommunication Union (ITU) Radio Regulations. Because the technical parameters of DIRECTV's DBS system vary from those set forth for U.S. assignments in the Region 2 broadcasting-satellite service (BSS) Plan and its associated Feeder Link Plan, the Commission must request modification of the Region 2 BSS Plan and its associated Feeder Link Plan. Annex 1 of Appendices S30 and of S30A provide the methodology and criteria for determining whether a proposed satellite system (i.e. proposed modification to the Plan) might interfere with frequency assignments in accordance with the Region 2 BSS Plan and its associated Feeder Link Plan, other satellite systems, or terrestrial services. If the limits in Annex 1 are exceeded, the system must be coordinated with the affected systems or services. 6. Upon reviewing DIRECTV's application, we find sufficient evidence to determine that DBS-1R will not cause interference to other U.S. DBS systems, or to the radiocommunications systems of other countries. DIRECTV has submitted analyses to demonstrate compliance with Annex 1. We remind DIRECTV that until the Region 2 BSS Plan and its associated Feeder Link Plan are modified to include the technical parameters of DBS-1R, its satellite operations are not guaranteed protection from interference from systems licensed by other Administrations operating in accordance with the ITU Radio Regulations. Further, we condition operation of DBS-1R such that until the Region 2 BSS and Feeder Link Plans are modified to include DBS-1R's parameters, it shall not cause greater interference than that which would occur from the current USA Plan assignments at 101ø W.L., to other BSS or feeder link assignments, or other services or satellite systems, operating in accordance with the ITU Radio Regulations. DIRECTV will be expected to provide continuing documentation, as necessary, for the international coordination of its DBS-1R network. 7. For its telemetry, tracking and control (TT&C) functions, DIRECTV has requested authority to use frequencies in the guardbands of the BSS and feeder link bands. Specifically, DIRECTV has requested to use emissions with center frequencies of 12,699.25 MHz and 12,698.25 MHz for its downlink TT&C operations. For its uplink TT&C functions, DIRECTV has requested to use center frequencies of 17,305 MHz and 17,799 MHz. Use of frequencies within the bands used for service links for TT&C functions is consistent with Commission rules. We therefore grant use of these frequencies for TT&C functions, including transfer orbit operations, conditioned on coordination, as necessary, of this use with other potentially affected operational U.S. licensees, or foreign DBS operators that may be affected. 8. In granting this application, we note that Microcom, a DBS system retailer serving the Alaskan market, has provided informal comments. Microcom did not oppose DIRECTV's application but expressed concerns about the lack of DBS coverage in Alaska in general, and the limited service DBS-1R will provide to Alaska in particular. Microcom has requested the Commission to establish criteria for defining service standards for Alaska and Hawaii such as setting a maximum receiver earth station antenna size. The Commission is reviewing its DBS geographic service rules in its proceeding to revise the rules governing this service. Microcom's concerns are part of that record and will be addressed in that proceeding. Ordering Clauses 9. Accordingly, IT IS ORDERED that Application File No. SAT-LOA- 19990331-00035 IS GRANTED and DIRECTV IS AUTHORIZED to launch and operate the replacement satellite, designated DBS-1R, at the 101o W.L. orbital position in accordance with the terms, representations, and technical specifications set forth in its application. 10. IT IS FURTHER ORDERED, that DIRECTV's authorization is subject to the following modified conditions: (1) until the ITU Region 2 BSS Plan and its associated Feeder Link Plan are modified to include the technical parameters of DBS-1R and its associated feeder links, this satellite system shall not cause greater interference than that which would occur from the current USA Plan assignments at 101ø W.L. to other BSS or feeder link assignments, or other services or satellite systems, operating in accordance with the ITU Radio Regulations; (2) No protection from interference caused by radio stations authorized by other administrations is guaranteed to DBS-1R unless and until Appendices S30 and S30A Plan modification procedures are successfully and timely completed. 11. IT IS FURTHER ORDERED that DIRECTV shall coordinate all transfer orbit TT&C operations with other potentially affected in orbit DBS operators. 12. IT IS FURTHER ORDERED that, subject to the foregoing conditions, DIRECTV is authorized to provide DBS service on its DBS-1R satellite until midnight July 30, 2009. 13. The Order is issued pursuant to Section 0.261 of the Commission's rules on delegated authority, 47 C.F.R.  0.261, and is effective upon adoption. Petitions for reconsideration under Section 1.106 or applications for review under 1.115 of the Commission's rules, 47 C.F.R.  1.106, 1.115, may be filed within 30 days of the date of the release of this order. See 47 C.F.R.  1.4(b)(2). ________________________ Thomas S. Tycz Chief, Satellite and Radiocommunication Division