Attachment Hughes - Grant June

Hughes - Grant June

DECISION submitted by IB,FCC

Grant

2015-06-23

This document pretains to SAT-MOD-20141210-00127 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2014121000127_1094923

$2834       SAT—MOD—20141210—00127      182014002389
Hughes Network Systems, LLC                                                  | File# .SAT MOD — 2014210 —Oo127
JUPITER 97W
                                                                              Call Sign S2¢34_ GrantDate_OG [43 /s
                                                                                   dey Hents
                                                                              (or other identifier)      Torm Dates                    Approved by OMB

                                                                              From
                                                                                                               .
                                                                                                               To:
                                                                                                                                             3060—0678

  Date & Time Filed: Dec 10 2014 7:50:21:140PM         _ InternationalBureau_| Approved:        ,
  File Number: SAT—MOD—20141210—00127                  * uh conditionrs                             St             ® ‘DUaH
                                                                                                    Chief,     Sadellite Alicy Bench
        FCC APPLICATION FOR SPACE AND EARTH STATION:MOD OR AMD — MAIN FORM                                     FCC Use Only

                           FCC 312 MAIN FORM FOR OFFICIAL USE ONLY


  APPLICANT INFORMATION
  Enter a description of this application to identify it on the main menu:
  December 2014 Modification of Letter of Intent for 97.1 W.L. ($2834)
  1—8. Legal Name of Applicant

              Name:        Hughes Network Systems, LLC        Phone Number:                               301—428—5506
              DBA                                             Fax Number:                                 301—428—2802
              Name:
              Street:       11717 Exploration Lane            E—Mail:                                     Steven.Doiron@hughes.com


              City:        Germantown                         State:                                      MD
              Country:      USA                               Zipcode:                                    20876         =
              Attention:   Mr. Steven Doiron


                                         Hughes Network Systems, LLC
                                  IBFS File No. SAT—MOD—20141210—00127
                                                  Call Sign $2834

The Letter of Intent of Hughes Network Systems, LLC (Hughes), IBFS File No. SAT—MOD—20141210—
00127, requesting modification of the grant of access‘ to the United States market for the Jupiter 97W
space station, IS GRANTED. Jupiter 97W will operate at the 97.1° W.L. orbital location under the
authority of Papua New Guinea. Hughes is granted access to the U.S. market to provide Fixed—Satellite
Service (FSS) using the 18.3—18.8 GHz and 19.7—20.2 GHz frequency bands (space—to—Earth) and the
28.35—28.6 GHz and 29.25—30.0 GHz frequency bands (Earth—to—space) on a primary basis; the 27.85—
28.35 GHz and 28.6—29.1 GHz frequency bands (Earth—to—space) on a secondary basis; and the 18.8—19.3
GHz frequency band (space—to—Earth) on a non—interference basis. Hughes will perform telemetry,
tracking, and command operations using the following center frequencies: 19701 MHz and 19703 MHz
(space—to—Earth) and 28351.5 MHz and 28353.5 MHz (Earth—to—space). In addition, Jupiter 97W will
transmit a beacon signal on the center frequency 20199 MHz (space—to—Earth) and will receive
transmissions for autotracking on the center frequency 29998.5 MHz (Earth—to—space). This grant is
subject to compliance with the terms, conditions, and technical specifications set forth in Hughes‘s Letter
of Intent, the Federal Communications Commission‘s rules not waived herein, and the following
conditions:

1.      This grant does not include provision of any Direct—to—Home service to, from, or within the
United States.

2.      Jupiter 97W must be maintained with an east—west longitudinal station—keeping tolerance of
+ 0.05 degrees of the 97.1° W.L. orbital location.

3.     Hughes‘s operations must comply with all coordination agreements reached between Papua New
Guinea and other Administrations.

4.      As a non—conforming user in the 18.8—19.3 GHz frequency band, Hughes must accept any
interference from any Federal geostationary—satellite orbit (GSO) FSS system, Federal non—GSO (NGSO)
FSS system, or non—Federal NGSO FSS system authorized to use the 18.8—19.3 GHz frequency band. In
addition, Hughes must not cause harmful interference to any Federal GSO FSS system, Federal NGSO
FSS system, or non—Federal NGSO FSS system authorized in this band, and must immediately cease
operations upon notification of such harmful interference.

5.      Hughes must coordinate its operations in the 18.3—19.3 GHz and 19.7—20.2 GHz frequency bands
with U.S. Federal systems, including Federal operations to earth stations in foreign countries, in
accordance with footnote US334 to the United States Table of Frequency Allocations, 47 C.F.R. § 2.106.

6.       The power flux—density (PFD) at the Earth‘s surface produced bythe emissions from the Jupiter
97W space station for all atmospheric conditions, and for all methods of modulation, in the 18.3—19.3
GHz and 19.7—20.2 GHz frequency bands must not exceed a level of —121.1 dBW/m*/MHz at any angle of
arrival. In addition, the operation of associated U.S.—licensed earth stations in the 28.35—28.6 GHz and

‘ Hughes‘s grant of U.S. market access, through a Letter of Intent filing, is in the form of a reservation of spectrum
and orbital position for eventual use to communicate with U.S. earth stations. See Amendment ofthe Commission‘s
Regulatory Policies to Allow Non—U.S. Licensed Space Stations to Provide Domestic and International Satellite
Service in the United States, IB Docket No. 96—111, Report and Order, 12 FCC Red 24094, 24173—74, 4 184—85,
188 (1997).
2 Footnote US255 to the United States Table of Frequency Allocations, 47 C.F.R. § 2.106, requires that the PFD
across the 200 megahertz of the 18.6—18.8 GHz band not exceed —95 dBW/m". Hughes proposes to operate the
Jupiter 97W space station with a maximum PFD of —121.1 dBW/m*/MHz in this band. This level corresponds to a


                                      Hughes Network Systems, LLC
                                  IBFS File No. SAT—MOD—20141210—00127
                                               Call Sign 82834

29.25—30.0 GHz frequency bands must comport with the applicable power density limits set forth in
Section 25.138 of the Commission‘s rules, 47 C.F.R. § 25.138. These uplink limits must not be exceeded
unless Hughes coordinates the non—conforming operation with the operations of U.S.—licensed GSO FSS
space stations within 6 degrees of 97.1° W.L. as provided in Section 25.138. Non—conforming operation
must also be coordinated with respect to those operations of non—U.S.—licensed space stations within 6
degrees of 97.1° W.L. involving approved communications with U.S. earth stations.

7.      Hughes‘s operations in the 27.85—28.35 GHz frequency band must be on a secondary basis and
limited to gateway earth station operations only." This band is designated on a primary basis to the Local
Multipoint Distribution Service (LMDS). Accordingly, Hughes must accept any interference from
authorized LMDS operations in the 27.85—28.35 GHz frequency band. In addition, Hughes must not
cause harmful interference to LMDS stations authorized in the 27.85—28.35 GHz frequency band, and
must immediately cease operations upon notification of such harmful interference.

8.       Hughes‘s operations in the 28.6—29.1 GHz frequency band must not cause harmful interference to
any non—Federal station authorized to operate in this band on a primary basis, must accept any
interference from these systems, and must terminate operations immediately upon notification of harmful
interference.

9.       Hughes, when designing its Jupiter 97W satellite network, is reminded to take into consideration
the earth station coordination obligations for shared bands. See 47 C.F.R. §§ 25.203, 25.258.

10.      Hughes‘s request for a waiver of Sections 25.114(c)(4)(i), (ii), and (v) of the Commission‘s rules,
47 C.F.R. §§ 25.114(c)(4)(1), (i1), (v), to the extent necessary to provide antenna beam information for
representative beams in lieu of replicating the beam information for additional, identical beams, IS
GRANTED. We conclude that a waiver is warranted in this instance because the representative beam
information, when combined with the antenna gain contour information Hughes provided under Section
25.114(c)(4)(vii)(C) of the Commission‘s rules, 47 C.F.R. § 25.114(c)(4)(vii)(C), is sufficient to fulfill
the relevant informational requirements.

11.       Hughes‘s request for a waiver of Section 25.210(i)(1) of the Commission‘s rules, 47 C.F.R. §
25.210(i)(1), IS GRANTED. Section 25.210(i)(1) requires space station antennas used for FSS operation
to provide cross—polarization isolation of at least 30 dB within the primary coverage area. The Jupiter
97W antennas that will communicate with end users are designed to provide a minimum cross—
polarization isolation of 21.5 dB for both transmit and receive beams.* Hughes states that this shortfall
will not impact the interference to systems other than its own, and that it has taken this factor into account
in its link budget calculations. We agree that non—compliance with Section 25.210(i)(1) in this instance


maximum PFD of —98.1 dBW/m*/200 MHz. Consequently, Jupiter 97W‘s proposed operations meet the PFD limit
in US255. Jupiter 97W‘s operations also meet other PFD limits for transmitting Ka—band space stations. See 47
CFR. §§ 25.138(a)(6), 25.208(c), 25.208(d), 25.208(e).
3 See Rulemaking to Amend Parts 1, 2, 21, and 25 ofthe Commission‘s Rules to Redesignate the 27.5—29.5 GHz
Frequency Band, to Reallocate the 29.5—30.0 GHz Frequency Band, to Establish Rules and Policies for Local
Multipoint Distribution Service andfor Fixed Satellite Services, CC Docket No. 92—297, First Report and Order, 11
FCC Red 19005, 19025, «[ 45 (1996).
4 Narrative at 14 n.28.
5 See Narrative at 14—15, Technical Exhibit at 21.


                                       Hughes Network Systems, LLC
                                 IBFS File No. SAT—MOD—20141210—00127
                                              Call Sign $2834

will not result in a significant increase in interference to other systems. Consequently, we grant the
requested waiver. As a condition of this waiver, Hughes must not claim greater protection from
interference from other radiocommunication systems operating in accordance with the Commission‘s
rules than if its antennas complied with Section 25.210(i)(1).

12.    This grant will be null and void with no further action on the Commission‘s part if the Jupiter
97W satellite is not constructed, launched, and placed into operation at the 97.1° W.L. orbital location in
accordance with the remaining milestone deadlines set forth in the original Jupiter 97W grant:©

         a. Commence construction by July 27, 2015;

        b. Launch and begin operations by July 27, 2017.

13.      Hughes is afforded 30 days from the date of this action to decline this grant, as conditioned.
Failure to respond within this period will constitute formal acceptance of the grant, as conditioned.

14.     This action is taken pursuant to the Commission‘s rules on delegated authority, 47 C.F.R. §
0.261, and is effective immediately. 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 indicating that this action was taken.




                                                     Tile# SDPTEMOD—20141210— C027
                                                     CallSign $283 _ Grant Date_OG/23 /IS
                                                     (or other identificr) |,
                                                     on                         Term Dates
                                                     From      _                   . To:

                              International Bureau   Approved:,
                           sewith condihons                              St           ' Duall
                                                                                     atellite W'fj Branch




6 See Hughes Network Systems, LLC, Stamp Grant, IBFS File No. SAT—LOI—20110809—00148, Condition 13
(granted July 27, 2012). The Satellite Division previously determined that Hughes had met the first two milestone
requirements associated with its grant for the Jupiter 97W space station. See Policy Branch Information, Actions
Taken, Public Notice, DA 14—1443, 29 FCC Red 11758 (rel. Oct. 3, 2014). We note that Condition 10 of the
original grant for Jupiter 97W was added in error. Hughes has not requested that we include the Jupiter 97W space
station on the Commission‘s Permitted Space Station List, and we have not done so.


9—16. Name of Contact Representative

            Name:          Jennifer A. Manner                     Phone Number:                       301—428—5893
            Company:       Hughes Network Systems, LLC            Fax Number:                         301—775—1449
            Street:        11717 Exploration Lane                E—Mail:                              Jennifer.Manner@echostar.com


            City:          Germantown                            State:                               MD
            Country:        USA                                  Zipcode:                             20876—
            Attention:     Jennifer A. Manner                    Relationship:                        Other


CLASSIFICATION OF FILING
17. Choose the button next to the
classification that applies to this filing for   (N/A) b1. Application for License of New Station
both questions a. and b. Choose only one         (N/A) b2. Application for Registration of New Domestic Receive—Only Station
for 17a and only one for 17b.                    3 b3. Amendment to a Pending Application

                                                 @ b4. Modification of License or Registration
   o al.   Ea Stati
       1. Earth  ation
                    .                            b5. Assignment of License or Registration
   @ a2. Space Station                           b6. Transfer of Control of License or Registration
                                                 g4 b7. Notification of Minor Modification
                                                  (N/A) b8. Application for License of New Receive—Only Station Using Non—U.S. Licensed
                                                 Satellite
                                                  (N/A) b9. Letter of Intent to Use Non—U.S. Licensed Satellite to Provide Service in the United
                                                 States
                                                  {(N/A) b10. Other (Please specify)
                                                    (N/A) b11. Application for Earth Station to Access a Non—U.S .satellite Not Currently Authorized
                                                 to Provide the Proposed Service in the Proposed Frequencies in the United States
                                                    (N/A) b12. Application for Database Entry
                                                  C b13. Amendment to a Pending Database Entry Application
                                                  3 b14. Modification of Database Entry


  17¢. Is a fee submitted with this application?
£3 IfYes, complete and attach FCC Form 159.         If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114).
C Governmental Entity         C Noncommercial educational licensee
© Other(please explain):       Fee Exempt Modification of a Letter of Intent


17d.

Fee Classification BFY — Space Station Modification(Geostationary)




18. If this filing is in reference to an      19. If this filing is an amendment to a pending application enter both fields, if this filing is a
existing station, enter:                      modification please enter only the file number:
(a) Call sign of station:                     (a) Date pending application was filed:              (b) File number:
    $2834
                                                                                                   SATLOI2011080900148


TYPE OF SERVICE
20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Select all that apply:


E a. Fixed Satellite
D b. Mobile Satellite
D c. Radiodetermination Satellite
D d. Earth Exploration Satellite
E] e. Direct to Home Fixed Satellite
D £. Digital Audio Radio Service
D g. Other (please specify)


21. STATUS: Choose the button next to the applicable status. Choose      |22. If earth station applicant, check all that apply.
only one.                                                                D Using U.S. licensed satellites
q73 Common Carrier      @ Non—Common Carrier                             E] Using Non—U.S. licensed satellites

23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one. Are these
facilities:
C Connected to a Public Switched Network         Cp Not connected to a Public Switched Network          @ N/A

 24. FREQUENCY BAND(S): Place an °X" in the box(es) next to all applicable frequency band(s).
D a. C—Band (4/6 GHz) E] b. Ku—Band (12/14 GHz)
[El c.Other (Please specify upper and lower frequencies in MHz.)
       Frequency Lower: 18300.0000            Frequency Upper: 30000.0000          (Please specify additional frequencies in an attachment)


TYPE OF STATION
25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one.
 34 a Fixed Earth Station
g3, b. Temporary—Fixed Earth Station
{34 C 12/14 GHz VSAT Network
g4 d. Mobile Earth Station
«) c. Geostationary Space Station
C £. Non—Geostationary Space Station
J & Other (please specify)


26. TYPE OF EARTH STATION FACILITY:
qy Transmit/Receive g*4 Transmit—Only           g*4 Receive—Only   @ N/A
"For Space Station applications, select N/A."


PURPOSE OF MODIFICATION


27. The purpose of this proposed modification is to: (Place an °X" in the box(es) next to all that apply.)


    D a —— authorization to add new emission designator and related service
    D b — authorization to change emission designator and related service
    D c —— authorization to increase EIRP and EIRP density
    D d — authorization to replace antenna
    D e — authorization to add antenna
    D f— authorization to relocate fixed station
    D g —— authorization to change frequency(ies)
     E h — authorization to add frequency
    D 1—— authorization to add Points of Communication (satellites & countries)
    D j —— authorization to change Points of Communication (satellites & countries)
        k —— authorization for facilities for which environmental assessment and
radiation hazard reporting is required
     D 1—— authorization to change orbit location
    D m —— authorization to perform fleet management
    D n —— authorization to extend milestones
    E.:] o —— Other (Please specify)


ENVIRONMENTAL POLICY


 28. Would a Commuission grant of any proposal in this application or amendment have a significant environmental       y Yes @ No
 impact as defined by 47 CFR 1.1307? IfYES, submit the statement as required by Sections 1.1308 and 1.1311 of
 the Commission‘s rules, 47 C.E.R. 1.1308 and 1.1311, as an exhibit to this application.A Radiation Hazard Study         Exhibit E
 must accompany all applications for new transmitting facilities, major modifications, or major amendments.



ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or
aeronautical fixed radio station services are not required to respond to Items 30—34.


29. Is the applicant a foreign government or the representative of any foreign government?                             {p Yes @ No




 30. Is the applicant an alien or the representative of an alien?                                                      ; Yes @ No 4 N/A




31. Is the applicant a corporation organized under the laws of any foreign government?                                 { Y° & No 4 N/A




32. Is the applicant a corporation of which more than one—fifth of the capital stock is owned of record or voted by    y Yes @ No g4 N/A
aliens or their representatives or by a foreign government or representative thereof or by any corporation organized
under the laws of a foreign country?


33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than          C» Yes @ No C N/A
one—fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign
government or representative thereof or by any corporation organized under the laws of a foreign country?




34. If any answer to questions 29, 30, 31, 32 and/or 33 is Yes, attach as an exhibit an identification of the aliens or
foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote.



BASIC QUALIFICATIONS


35. Does the Applicant request any waivers or exemptions from any of the Commission‘s Rules?                                  @ Yes   C No
IfYes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents.


                                                                                                                          Exhibit B




36. Has the applicant or any party to this application or amendment had any FCC station authorization or license              @ Yes   gy No
revoked or had any application for an initial, modification or renewal of FCC station authorization, license, or
construction permit denied by the Commission? IfYes, attach as an exhibit, an explination of circumstances.
                                                                                                                          Exhibit C


37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling        { Yes   @.No
the applicant ever been convicted of a felony by any state or federal court? IfYes, attach as an exhibit, an
explination of circumstances.




38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant,            C Yes   l@.NO
guilty of unlawfully monopollizing or attemptiing unlawfully to monopolize radio communication, directly or
indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement or any other
means or unfair methods of competition?IfYes, attach as an exhibit, an explanation of circumstances




39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending       3 Yes   @No
matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances.




40. If the applicant is a corporation and is applying for a space station license, attach as an exhibit the names,
address, and citizenship of those stockholders owning a record and/or voting 10 percent or more of the Filer‘s
voting stock and the percentages so held. In the case of fiduciary control, indicate the beneficiary(ies) or class of    Exhibit D
beneficiaries. Also list the names and addresses of the officers and directors of the Filer.


41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is            @ Yes        3 No
subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act of
 1988, 21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. See
47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes.




42a. Does the applicant intend to use a non—U.S. licensed satellite to provide service in the United States? IfYes,         @ Yes        «4 No
answer 42b and attach an exhibit providing the information specified in 47 C.F.R. 25.137, as appropriate. If No,
proceed to question 43.
                                                                                                                       Technical Exhibit




42b. What administration has licensed or is in the process of licensing the space station? If no license will be issued, what administration has
coordinated or is in the process of coordinating the space station?Papua New Guinea




43. Description. (Summarize the nature of the application and the services to be provided).    (If the complete description does not appear in this
box, please go to the end of the form to view it in its entirety.)
     See attachment.




Narrative




10


43a. Geographic Service Rule Certification                                                                                     @ A
By selecting A, the undersigned certifies that the applicant is not subject to the geographic service or geographic
coverage requirements specified in 47 C.F.R. Part 25.
                                                                                                                               3 B
By selecting B, the undersigned certifies that the applicant is subject to the geographic service or geographic
coverage requirements specified in 47 C.F.R. Part 25 and will comply with such requirements.
                                                                                                                               3 C
By selecting C, the undersigned certifies that the applicant is subject to the geographic service or geographic
coverage requirements specified in 47 C.EF.R. Part 25 and will not comply with such requirements because it is not
feasible as a technical matter to do so, or that, while technically feasible, such services would require so many
compromises in satellite design and operation as to make it economically unreasonable. A narrative description
and technical analysis demonstrating this claim are attached.
                                                                                                                               JUPITER 97W GXT
                                                                                                                        File


CERTIFICATION
The Applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the
United States because of the previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this
application. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit
in 47 CFR Part 20. All statements made in exhibits are a material part hereof and are incorporated herein as if set out in full in this application.
The undersigned, individually and for the applicant, hereby certifies that all statements made in this application and in all attached exhibits are
true, complete and correct to the best of his or her knowledge and belief, and are made in good faith.




11


44. Applicant is a (an): (Choose the button next to applicable response.)


 {3 Individual
 J Unincorporated Association
 C Partnership
 3 Corporation
 3 Governmental Entity
 #&, Other (please specify)




     45. Name of Person Signing                                             46. Title of Person Signing
     Steven Doiron                                                          Senior Director, Regulatory Affairs
       ——>


             WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT
                      (U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION
                    (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).




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Document Created: 2015-06-23 17:00:40
Document Modified: 2015-06-23 17:00:40

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