Attachment DIRECTV-Ciel grant p

DIRECTV-Ciel grant p

DECISION submitted by IB,FCC

Grant

2009-12-15

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

IBFS_SATLOA2009080700085_788265

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of N/ N/A NZNZ/NZNZ/NZ DIRECTV ENTERPRISES, LLC Call Sign $2796 (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 Commuission designate the ai)plication 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 * PERMIT— BVT— Disc LosE"smTUS CHBNGE onLY orbital position. t File # SBT— LOB— 200 936 807— aco0 65 Call Sign $279¢ Grant Date i2 /15 /09 (or otheridentifier) Term Dates dumfiznd‘af’ From, ‘2'/'5/03 : To; Flcce "fi «o__T x@d/ Ch\ceé *elhfePohcq B(al‘(h

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 p.resentations with respect to all communications between the Commission and the applicant or other parties to the RB—2A Application.‘ 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." Grant of permit—but—disclose status will facilitate communication between the Commission and the parties regarding the RB—2A Application, allowing the Commission ’ch 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. 47 C.FR. §§ 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).

Based on the foregoing, Ciel requests that the Commission designate the RB—2A Application as permit—but—disclose. Respectfully submitted, CIEL S LLITE LIMITED PARTNERSHIP Scott Gibson Vice President & General Counsel Ciel Satellite Limited Partnership 275 Slater Street, Suite 810 Ottawa, Ontario, Canada KI1P 5H9 October 23, 2009

CERTIFICATE OF SERVICE I, Scott Gibson, hereby certify that on this 23rd day of October, 2009, I caused to be served a true copy of the foregoing "Ciel Satellite Limited Partnership Notice of Intent to Participate and Motion to Designate Proceeding as Permit—But—Disclose" by electronic mail and first class mail, postage prepaid, upon the following: William Wiltshire Harris, Wiltshire & Granais LLP 1200 18th Street, NW. Washington, DC 20036 Counsel to DIRECTY ENTERPRISES, LLC t L\ Scott Gibson


Document Created: 2019-04-11 17:31:25
Document Modified: 2019-04-11 17:31:25
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