Attachment DA 09-204

DA 09-204

ORDER submitted by IB, FCC

DA 09-204

2009-02-09

This document pretains to SAT-AMD-20080114-00014 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2008011400014_695266

                        FEDERAL COMMUNICATIONS COMMISSION                                        DA 09-204

                                         Before the
                              Federal Communications Commission
                                    Washington, D.C. 20554

                                                           1
DIRECTV Enterprises, LLC                                   )    IBFS File Nos.
                                                           )    SAT-LOA-20060908-00100
Application for 17/24 GHz BSS                              )    SAT-AMD-20080321-00077
Satellite at 102.825' W.L.                                 )    SAT-AMD-20080 114-00014
                                                           )    Call Sign: S2712
                                                           1
Spectrum Five LLC                                          )    SAT-LOI-20081119-00217
Petition for Declaratory Ruling                            )    Call Sign: S2778

                                                      ORDER

Adopted: February 9,2009                                                 Released: February 9,2009

By the Acting Chief, International Bureau:

        1. The International Bureau, on its own motion, hereby sets aside a Declaratory
Ruling released on January 16,2009, DA 09-87, pursuant to Section 1.113(a) of the
Commission's Rules.' This will give the Bureau a better opportunity to compile a more
detailed record in this proceeding in order to ensure that we have considered this matter
fully.

     2. Accordingly, IT IS ORDERED, that the Declaratory Ruling DA 09-87, IS SET
ASIDE, pursuant to Section 1.113(a) of the Commission's Rules.

       3. Accordingly, IT IS ORDERED, that the DIRECTV Enterprises, LLC's
application for a 17/24 GHz Broadcast Satellite Service space station to be operated at the
102.825' W.L. Orbit Location IS REINSTATED nuncpro tunc.2

                                             FEDERAL COMMUNICATIONS COMMISSION



                                             6l-mV. Giusti
                                             Acting Chief, International Bureau

'47 C.F.R. Q 1.113(a) (providing the staff with the discretion to set aside an action taken under delegated
authority within 30 days of public notice of that action). DA 09-87 was released on January 16,2009.

' In reinstating this application, we clarify that the January 12,2008 letter from Howard W. Waltzman,
counsel to Spectrum Five LLC (Spectrum Five), to Marlene H. Dortch, Secretary, Federal Communications
Commission, referencing DIRECTV Enterprises LLC's (DIRECTV's) application under call sign S2712
and served on counsel for DIRECTV Enterprises LLC will be considered as an informal objection under
Section 25.154(b) of the Commission's rules. 47 C.F.R. 9 25.154(b). Consistent with Section 25.154(c) of
the Commission's rules, 47 C.F.R. Q 25.154(c), DIRECTV may file a response to this informal objection
within ten days after the release of this order. Consistent with Section 25.154(d), 47 C.F.R. 5 25.154(d),
Spectrum Five may file a reply within five days after the time period has expired for DIRECTV's response.



Document Created: 2009-02-09 15:38:00
Document Modified: 2009-02-09 15:38:00

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