*Pages 1--4 from Microsoft Word - 46623.doc* Federal Communications Commission DA 05- 536 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Echostar Satellite L. L. C. ) ) For Modification of License to ) File No. SAT- MOD- 20041208- 00218 Select TT& C Frequencies for its ) Call Sign: S2490 Ka- band GSO Satellite at 117° W. L. ) Order and Authorization Adopted: March 2, 2005 Released: March 2, 2005 By the Chief, Satellite Division, International Bureau I. INTRODUCTION 1. By this Order, we modify Echostar Satellite L. L. C. ’s (Echostar’s) authorization to construct, launch, and operate a Ka- band 1 Geostationary Satellite Orbit (GSO) satellite at the 117° W. L. orbital location, to include Ka- band and Ku- band 2 Tracking, Telemetry, and Command (TT& C) links. In addition, we grant Echostar’s request for a limited waiver of Section 25. 202( g) 3 of the Commission’s rules to operate TT& C links in the Ku- band on a non- interference basis outside of its authorized frequency band during launch and transfer orbit operations. Grant of this limited waiver will allow Echostar to maintain communications with the satellite, known as Echostar- 117W (Call Sign 2490) during critical launch and transfer orbit operations using the well- established Ku- band ground network. II. BACKGROUND 2. Echostar is authorized to construct, launch, and operate a GSO satellite in 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. A condition (condition 8) of its authorization required Echostar to submit to the Commission a modification to its authorization specifying the exact frequencies for TT& C for Echostar- 117W, on, or prior to, the date of its first construction milestone, i. e. December 8, 2004 4 . In its original application, Echostar stated that the TT& C frequencies would be within the Ka- bands and that it would provide its final TT& C frequencies for the satellite to the Commission shortly after it had selected a manufacturer for the satellite. In the initial grant, the Bureau reminded EchoStar that, consistent with 1 For purposes of this order, the Ka- band is defined as 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 For purposes of this order, Ku- band is defined as the 11.700- 12.200 GHz (space- to- Earth), 14.000- 14.500 GHz (Earth- to- space) frequency bands. 3 47 C. F. R. § 25.202( g). 4 See Stamp Grant File No. SAT- LOA- 20030827- 00177 (Dec 8, 2003); as modified by Stamp Grant, File No. SAT-MOD- 20041008- 00196, (granted Dec. 6, 2004) (authorizing Echostar to operate at 117° W. L,. rather than at 123° W. L., as initially authorized). 1 Federal Communications Commission DA 05- 536 2 Section 25.202( g), 5 the frequencies selected for TT& C functions must be at either or both edges of the Ka- band. 3. Consistent with the condition of its authorization, Echostar submitted a modification application on December 8, 2004 requesting on- station TT& C frequencies at the band edges of the Ka- band at 29.999 GHz (Right Hand Circular Polarization (RHCP)) for command, and 19.701 GHz and 20.199 GHz (both Left Hand Circular Polarization (LHCP)) for telemetry. Echostar also submitted a request to operate at 14.001 GHz (RHCP) and 14.003 GHz (RHCP) for command and at 11.7055 GHz (LHCP) and 12.198 GHz (LHCP) for telemetry during the launch and transfer orbit phase. In support of its waiver to operate TT& C outside the Ka- band during launch and transfer orbit, Echostar indicated that no worldwide Ka-band TT& C network exists at this time to support these operations, but that a well- established system exists in the Ku- band. Echostar also stated that Ku- band operation would be more reliable over a wider variety of weather conditions during these critical operations. Echostar further indicated that it would turn off the Ku- band TT& C system once Echostar- 117W reaches its assigned orbital location, and that Echostar would request further use of the Ku- band TT& C system only if the Ka- band TT& C system fails. III. DISCUSSION 4. Echostar’s proposed on- station Ka- band TT& C frequencies are consistent with Commission rule. Accordingly, we grant Echostar’s request to modify its authorization to reflect on- station TT& C at the band edges in the Ka- band, specifically to operate at 29.999 GHz (RHCP) for command and 19.701 GHz and 20.199 GHz (both LHCP) for telemetry. 5. To permit it to use Ku- band frequencies for TT& C during launch and transfer orbit, Echostar requests a waiver of Section 25.202( g) 6 of the Commission’s rules, which requires that TT& C functions for U. S. domestic satellites shall be conducted at either or both edges of the allocated band( s). The rule further provides that frequencies, polarization, and coding shall be selected to minimize interference into other satellite networks and within their own satellite system. The Commission may grant a waiver for good cause shown. 7 Waiver is appropriate if (1) special circumstances warrant a deviation from the general rule, and (2) such deviation would better serve the public interest than would strict adherence to the general rule. 8 Generally, the Commission may grant a waiver of its rules in a particular case only if the relief requested would not undermine the policy objective of the rule in question, and would otherwise serve the public interest. 9 6. As the Commission has indicated, Section 25.202( g) of the rules limits FSS operators to operating TT& C links in the same frequency bands as their FSS operations. 10 Thus a GSO/ FSS operator will generally coordinate its TT& C operations with the same set of satellites, at adjacent orbital locations, with which it coordinates its FSS operations. In this respect, the rule serves the purpose of simplifying the coordination process for FSS systems, by limiting the number of potentially affected operators. It also provides an incentive for an operator to maximize the efficiency of a system's TT& C operations, and minimize the constraints placed on other satellite operations, since the greatest impact of any inefficiency 5 47 C. F. R. § 24. 202( g). 6 See 47 C. F. R. § 25. 202( g) 7 47 C. F. R. § 1.3. See also WAIT Radio v. FCC, 418 F. 2d 1153 (D. C. Cir. 1969) (WAIT Radio); Northeast Cellular Tel. Co. v. FCC, 897 F. 2d 1166 (D. C. Cir. 1990) (Northeast Cellular). 8 See Northeast Cellular, 897 F. 2d at 1166. 9 See WAIT Radio, 418 F. 2d at 1157. 10 Amendment of the Commission’s Rules With Regard to the 3650- 3700 MHz Government Transfer Band, FCC 00- 363, 15 FCC Rcd 20488, paragraph 129. 2 Federal Communications Commission DA 05- 536 4 (RHCP) (Earth- to- space), 11.7055 GHz (LHCP) (space- to- Earth), and 12.198 GHz (LHCP) (space- to-Earth) frequencies. 13. IT IS FURTHER ORDERED that Echostar must cease operations of the TT& C for the Echostar-117W satellite at 14.001 GHz (RHCP) (Earth- to- space), 14.003 GHz (RHCP) (Earth- to- space), 11.7055 GHz (LHCP) (space- to- Earth), and 12.198 GHz (LHCP) (space- to- Earth) frequencies upon arrival at its assigned orbital location. Upon arrival at its assigned orbital location, Echostar shall not operate the TT& C for Echostar- 117W on 14.001 GHz (RHCP) (Earth- to- space), 14.003 GHz (RHCP) (Earth- to-space), 11.7055 GHz (LHCP) (space- to- Earth), and 12.198 GHz (LHCP) (space- to- Earth) without further Commission authorization. 14. IT IS FURTHER ORDERED that Echostar shall coordinate its launch and transfer orbit TT& C operations with existing satellite networks to ensure that no unacceptable interference results from its TT& C operations during its launch and transfer orbit operations. 15. IT IS FURTHER ORDERED that Echostar’s launch and transfer orbit operations shall not cause harmful interference to any lawfully operating in- orbit satellites or other radio communications systems and Echostar shall cease operations immediately upon notification of such interference and Echostar shall inform the FCC in writing immediately of such an event. 16. IT IS FURTHER ORDERED that Echostar is required to accept interference from other lawfully operating in- orbit satellites and radio communication systems during its launch and transfer orbit operations. 17. IT IS FURTHER ORDERED that all conditions of the December 6, 2004 grant with the exception of condition 8 otherwise remains in effect. 13 18. This 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 Section 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 Public Notice announcing that this action was taken. FEDERAL COMMUNICATIONS COMMISSION Thomas S. Tycz Chief Satellite Division 13 See Stamp Grant, SAT- LOA- 20030827- 00177, Call Sign S2490, (granted Dec. 8, 2003); Stamp Grant, SAT-MOD- 20041008- 00196, Call Sign S2490, (granted Dec. 6, 2004). 4