Attachment DIRECTV at 79 Dismis

DIRECTV at 79 Dismis

DECISION submitted by IB,FCC

DA 12-426

2012-03-16

This document pretains to SAT-LOA-20120228-00029 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2012022800029_945271

Federal Communications Commission Washington, DC 20554 International Bureau DA 12—426 March 16, 2012 Mr. William M. Wiltshire, Esq. Wiltshire & Grannis LLP 1200 18" Street, NW Suite 1200 Washington, D.C. 20036 Re: DIRECTV Enterprises, LLC IBFS File No. SAT—LOA—20120228—00024 — Call Sign: $2855 IBFS File No. SAT—LOA—20120228—00025 — Call Sign: $2856 IBFS File No. SAT—LOA—20120228—00026 — Call Sign: S2857 IBFS File No. SAT—LOA—20120228—00027 — Call Sign: $2858 IBFS File No. SAT—LOA—20120228—00028 — Call Sign: S$2859 IBFS File No. SAT—LOA—20120228—00029 — Call Sign: $2860 Dear Mr. Wiltshire: On February 28, 2012, DIRECTV Enterprises, LLC (DIRECTV) filed the six above—captioned applications. Each application seeks authority to construct, launch, and operate the DIRECTV KU— 79W space station at the 79.0° W.L. orbital location. For reasons discussed below, we dismiss all six applications without prejudice to refiling. On February 24, 2012, the Commission released a Public Notice making the 3700—4200 MHz (space— to—Earth), 5925—6425 MHz (Earth—to—space), 11.7—12.2 GHz (space—to—Earth) and 14.0—14.5 GHz (Earth—to—space) frequency bands at the 79° W.L. orbital location available for reassignment pursuant to the Commission‘s first—come, first—served licensing process effective 2:00 p.m. EST on Tuesday, February 28, 2012.‘ DIRECTV filed the first four of the above—captioned applications, relating to Call Signs $2855, $2856, $2857, and $2858, prior to 2:00 p.m. EST on Tuesday, February 28, 2012 Accordingly, we dismiss these four applications as premature. In addition, we dismiss the other two applications, relating to Call Signs $2859 and $2860, for two reasons. First, Section 1.100010(e)(4) of the Commission‘s rules, 47 C.F.R. § 1.100010(e)(4), requires applicants to pay the prescribed application fee within 14 calendar days of the date the s Policy Branch Information, Actions Taken, Public Notice, Report No. SAT—00848, DA No. 12—268 (rel. Feb. 24, 2012) ("Applications filed prior to this date and time will be dismissed as premature without prejudice to refiling."). * The filing times for these four applications ranged from 1:55:01:770 p.m. to 1:59:59:570 p.m. on February 28, 2012.

Federal Communications Commission DA 12—426 application is filed in the International Bureau Filing System (IBFS). If payment is not received within 14 days, the rule requires us to dismiss the application. As of the date of this letter, which is 17 days after DIRECTV filed the applications, there is no record in IBFS that DIRECTV has paid the required application fees. Second, Section 25.112 of the Commission‘s rules, 47 C.F.R. § 25.112, requires the Commission to return as unacceptable forfiling, any space station application that is not substantially complete, contains internal inconsistencies, or does not substantially comply with the Commission‘s rules. The applications relating to Call Signs $2859 and $2860 contain inconsistent information regarding the type of application being filed and the orbital location requested. The narratives for these two applications describe a Ku—band fixed—satellite service space station at the 79° W.L. orbital location, but the Schedule S in the two applications describes a Ka—band fixed—satellite service space station at the 97° W.L. orbital location. Thus, we cannot determine the orbital location or frequency bands on which DIRECTV proposes to operate. Accordingly, we dismiss the applications relating to Call Signs $2859 and S$2860 as defective. For the reasons set forth above, pursuant to Section 25.112 of the Commission‘s rules, 47 C.F.R. § 25.112, and Section 0.261 of the Commission‘s rules on delegations of authority, 47 C.F.R. § 0.261, we dismiss all six applications without prejudice to refiling. Sincerely, see« Robert G. Nelson Chief, Satellite Division International Bureau


Document Created: 2012-03-19 12:10:47
Document Modified: 2012-03-19 12:10:47
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