******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before theFEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) DIRECTV Enterprises, Inc. ) File No. SAT-MOD-199990603-00062 ) Application for Modification of ) Direct Broadcast Satellite System and ) for Authorization to Relocate DBS-1 ) Satellite to the 109.8ø W.L. Orbital Location ) ORDER AND AUTHORIZATION Adopted: September 1, 1999 Released: September 1, 1999 By the Chief, Satellite and Radiocommunication Division: Introduction 1. By this Order we grant DIRECTV Enterprises, Inc. ("DIRECTV") authority to effect a modification to its Direct Broadcast Satellite ("DBS") system authorization to relocate its DBS-1 satellite from 101ø W.L. and operate it at the 109.8ø W.L. orbital location. 2. On August 2, 1999, DIRECTV received authority to launch and operate its DBS- 1R satellite and collocate it with DIRECTV's existing system of DBS satellites at the 101ø W.L. orbital location. DBS-1R is intended to replace DBS-1, which has experienced a failure of its primary spacecraft control processor ("SCP"). When the failure occurred, DBS-1 automatically switched to its back-up SCP, which has enabled DBS-1 to continue to provide DBS service. DIRECTV concluded, however, that the loss of DBS-1's primary SCP had compromised it's DBS system's ability to guarantee long-term, uninterrupted subscription service to its customers. DIRECTV, therefore, requested authority to replace DBS-1 with DBS-1R. 3. DIRECTV explains that DBS-1, despite its SCP failure, remains a valuable and useful asset, capable of providing continued DBS service. Consequently, DIRECTV proposes to relocate DBS-1 to the 109.8ø W.L. orbital location during the fall of 1999, following the successful launch and testing of DBS-1R. From this orbital location, DIRECTV says it intends to operate DBS-1 on a non-common carrier basis, as it operates its current satellite capacity at 101ø W.L., and it may sell and/or lease a portion of its capacity, also on a non-common carrier basis for complementary business services. However, DIRECTV says that its primary plan for DBS-1, once it is relocated, is to immediately begin providing an integrated and unprecedented variety of Spanish-language programming that will supplement its core DBS service from the 101ø W.L. orbital position. The programming transmitted from 109.8ø W.L., like that transmitted from 101ø W.L., says DIRECTV, will be received by consumers using a small earth station antenna capable of receiving DBS signals from multiple orbital locations. Discussion 4. In considering DIRECTV's proposed modification application to re-locate its DBS-1 satellite to 109.8ø W.L., we must evaluate its interference potential to other DBS permittees and the radiocommunication systems of other countries. Specifically, pursuant to Section 100.21 of the Commission's rules, we must ensure that the DBS-1 satellite will be operated in accordance with Appendices S30 and S30A of the International Telecommunication Union (ITU) Radio Regulations. Annexes 1 of Appendices S30 and S30A provide the methodology and criteria for determining whether a specific satellite system might interfere with frequency assignments operated in accordance with the Region 2 broadcasting-satellite service (BSS) Plan and its associated Feeder Link Plan, other satellite systems, or terrestrial services. 5. DIRECTV has submitted sufficient technical information to allow evaluation of the interference potential of its satellite at 109.8ø W.L., including the information requested in Annex 2 of Appendices S30 and S30A of the ITU's Radio Regulations. DIRECTV has also provided analyses demonstrating its compliance with the limits contained in Annex 1 to Appendices S30 and S30A. We have reviewed this information, and we find that the potential interference level of DIRECTV's modified system is below that allowed under Appendices S30 and S30A at the 110ø W.L. orbital location. However, because the technical parameters of DBS-1 vary from those set forth for U.S. assignments in the Region 2 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. Until the Region 2 BSS Plan and its associated Feeder Link Plan are modified to include the technical parameters of DBS-1 and its associated feeder links at 110ø W.L., DBS-1 may not cause greater interference to other BSS or feeder link assignments, or other services or satellite systems, operating in accordance with the ITU Radio Regulations, than that which would occur from the current USA Plan assignments at 110ø W.L. Furthermore, we remind DIRECTV that no protection from interference caused by radio stations authorized by other administrations is guaranteed unless and until Appendices S30 and S30A Plan procedures are successfully and timely completed. DIRECTV will be expected to provide continuing documentation, as necessary, for the international coordination of its DBS-1 network. 6. For its telemetry, tracking and control (TT&C) functions, DIRECTV requests authority to use frequencies in the guardbands of the service bands. Use of frequencies within the bands used for service links for TT&C functions is consistent with Commission rules. EchoStar Satellite Corporation and EchoStar 110 Corporation (collectively "EchoStar"), the other licensee with channels assigned at the 110 W.L. orbital location, also uses frequencies in the guardbands of the Plans for its TT&C functions. In informal comments, EchoStar submits that certain TT&C frequencies of DBS-1 overlap those of EchoStar's satellites at 110 W.L. EchoStar believes this presents the potential for harmful interference. Nevertheless, EchoStar says it "is optimistic that these issues can be resolved in the coordination process." EchoStar also states that it expects DIRECTV to cooperate in avoiding interference with EchoStar's collocated satellites. DIRECTV asserts that it will coordinate with "all affected parties" and that it shares EchoStar's optimism that any interference issues can be resolved. We expect both DIRECTV and EchoStar to cooperate with each other and coordinate to avoid interference at the 110ø W.L. orbital location. Given the willingness of both EchoStar and DIRECTV to coordinate with each other, and their mutual optimism that any potential interference issues can be resolved through such coordination, we will grant use of these frequencies for TT&C functions, including transfer orbit operations. The grant, however, is conditioned on coordination as necessary of this use with other potentially affected DBS licensees. 7. Based on the above considerations, we find sufficient evidence to conclude that relocating DBS-1 from the 101ø W.L. to the 109.8ø W.L. orbital location will comport fully with all applicable international interference criteria and limitations, including DIRECTV's obligation to cooperate in ensuring that any potential for harmful interference to the satellites authorized to operate at 110ø W.L. orbital location be avoided. Moreover, we find that DIRECTV's proposal to provide DBS service from this location will serve the public interest, convenience and necessity. Relocating DBS-1 at the general location of 110ø W.L. will enhance competition in the MVPD market by providing DBS service from another full-CONUS DBS orbital location. Ordering Clauses 8. Accordingly, pursuant to authority delegated by Section 0.261 of the Commission's rules, 47 C.F.R.  0.261, IT IS ORDERED that Application file No. SAT-MOD- 199990603-00062 IS GRANTED, and DIRECTV IS AUTHORIZED to relocate the satellite designated DBS-1 at the 109.8ø W.L. orbital position in accordance with the terms, representations, and technical specifications set forth in its application. 9. IT IS FURTHER ORDERED that the application for DIRECTV's authority to relocate DBS-1 satellite to the 109.8ø W.L. location orbital location, File No. SAT-MOD- 199990603-00062, IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS that: (1) until the ITU Region 2 BSS Plan and its associated Feeder Link Plan are modified to include the technical parameters of DBS-1 and its associated feeder links at 110ø W.L., these satellite systems shall not cause greater interference than that which would occur from the current USA Plan assignments at 110ø 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-1 unless and until Appendices S30 and S30A Plan modification procedures are successfully and timely completed. 10. IT IS FURTHER ORDERED that DIRECTV shall coordinate its operations, including on-station and transfer orbit TT&C operations, with all potentially affected DBS licensees. 11. IT IS FURTHER ORDERED that this order is effective upon release. FEDERAL COMMUNICATIONS COMMISSION Thomas S. Tycz Chief, Satellite and Radiocommunication Division International Bureau