Ciel Notice and Motion MOTION by Ciel Satellite Limited Partnership SAT-LOA-20090807-00085 Ciel Motion.pdf

Ciel Motion.pdf

MOTION submitted by Ciel Satellite Limited Partnership

Ciel Notice and Motion

2009-10-23

This document pretains to SAT-LOA-20090807-00085 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2009080700085_751244

Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554

In the Matter of )
)
DIRECTV ENTERPRISES, LLC ) Call Sign S2796 (File No. SAT-LOA-
) 20090807-00085)
Application for Authority to Launch and )
Operate a 17/24 GHz Broadcasting- )
Satellite Service Space Station )

CIEL SATELLITE LIMITED PARTNERSHIP
NOTICE OF INTENT TO PARTICIPATE AND
MOTION TO DESIGNATE PROCEEDING AS PERMIT-BUT-DISCLOSE

Ciel Satellite Limited Partnership (“Ciel”), pursuant to Sections 1.1200 et seq. of

the Commission’s Rules, 47 C.F.R. §§ 1.1200 et seq., hereby notifies the Commission of its

intent to participate with respect to the above-captioned application of DIRECTV

ENTERPRISES, LLC (“DIRECTV”) and moves that the Commission designate the application

proceeding as permit-but-disclose for purposes of the ex parte rules.

DIRECTV is requesting a license to launch and operate a new space station,

DIRECTV RB-2A, in the 17/24 GHz Broadcasting-Satellite Service (“BSS”) at the

102.765° W.L. orbital location (the “RB-2A Application”). Ciel is a Canadian satellite service

provider, and Industry Canada has issued an Approval in Principle (“AIP”) that gives Ciel rights

to develop the 17/24 GHz BSS spectrum at 103° W.L. The Canadian Administration has

submitted filings with the International Telecommunication Union (“ITU”) for the 17/24 GHz

BSS spectrum at 103° W.L. The Canadian filings, which cover operations in both Canada and

the U.S., have date priority that is superior to the U.S. ITU filing for these frequencies at this

orbital position.

Ciel intends to file comments on the RB-2A Application concerning the

conditions necessary to ensure that Ciel’s spectrum rights at this orbital location are protected

consistent with ITU requirements. As a party in this proceeding for purposes of

Section 1.1202(d)(1), Ciel is entitled to be provided with advance notice and the opportunity to

be present for oral presentations and to be served with a copy of written presentations with

respect to all communications between the Commission and the applicant or other parties to the

RB-2A Application.1

Ciel requests that the Commission designate the RB-2A Application proceeding

as permit-but-disclose pursuant to Section 1.1200(a). That rule confers discretion on the

Commission and its staff to modify the ex parte status of a proceeding based on a finding that

such modification is in the public interest.2 Grant of permit-but-disclose status will facilitate

communication between the Commission and the parties regarding the RB-2A Application,

allowing the Commission to develop a full and complete record. As a result, permit-but-disclose

designation will enhance the Commission’s ability to resolve the policy issues the RB-2A

Application raises.

1
47 C.F.R. §§ 1.1202 & 1.1208. Until such time as Ciel’s motion to modify the ex parte status
of the RB-2A Application proceeding is granted, the proceeding will be restricted for purposes of
the ex parte rules.
2
47 C.F.R. § 1.1200(a).

2

Document Created: 2009-10-23 18:01:31
Document Modified: 2009-10-23 18:01:31

© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC