FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012 Page: 5,936
x, 5674-6652 p. ; 28 cm.View a full description of this book.
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10. The Bureau placed Spectrum Five's Market Access Request on public notice as accepted for
filing on October 23, 2009.3 DIRECTV filed a petition to deny the request, arguing that Spectrum
Five's proposed operations would cause interference to its previously licensed DIRECTV RB-2 space
station.32 Spectrum Five opposed the petition to deny.33
III. DISCUSSION
A. Spectrum Five Market Access Request
11. Pursuant to the first-come, first-served licensing framework, the Commission places
applications for new satellites at new orbital locations and market access requests for non-U.S.-licensed
satellites at new orbital locations in a processing "queue," and considers them in the order in which they
are filed.34 If the proposed satellite will not cause harmful interference to a licensed satellite, the
Commission will grant the application.35 We granted DIRECTV's first-in-line application for a 17/24
GHz BSS space station at the nominal 103 W.L. orbital location.
12. Spectrum Five does not dispute that the proposed operations of its space station at the
nominal 103 W.L. orbital location would cause harmful interference to DIRECTV's previously
authorized system. Instead, Spectrum Five argues that it would be premature for the Bureau to dismiss its
Market Access Request in light of its petition for reconsideration of the DIRECTV RB-2 Order.36 To the
extent that Spectrum Five argues that we should refrain from acting on its request until all potential
challenges to the grant of the DIRECTV RB-2 Order are exhausted, we do not agree.37 The Commission
has stated that rather than keeping subsequently filed applications on file, once we issue a license to the
applicant that was first in the queue, we "deny applications that conflict with previously granted
(...continued from previous page)
Supplement (filed Dec. 27, 2011); Spectrum Five LLC Supplement to Petition for Reconsideration (filed Dec. 27,
2011). DIRECTV filed a letter in response, arguing that the points raised by Spectrum Five were frivolous. Letter
from William M. Wiltshire, Counsel for DIRECTV Enterprises, LLC, to Marlene H. Dortch, Secretary, Federal
Communications Commission (filed Jan. 6, 2012). To enable us to consider all arguments raised by the parties, we
grant Spectrum Five's motion, and treat these pleadings as informal comments.
31 Policy Branch Information, Satellite Space Applications Accepted for Filing, Public Notice, Report No. SAT-
00641 (rel. Oct. 23, 2009).
32 DIRECTV Enterprises, LLC Petition to Deny at 2 (filed Oct. 28, 2009) (DIRECTV Petition to Deny) ("The
system licensed to DIRECTV and that proposed by Spectrum Five plainly cannot both operate from this slot").
DIRECTV also argues that the Bureau should have dismissed Spectrum Five's request for market access. Id. In
light of our determination to deny Spectrum Five's Market Access Request, we need not address this argument.
33 Spectrum Five LLC Opposition to Petition to Deny (filed Nov. 9, 2009) (Spectrum Five Opposition). Spectrum
Five acknowledged that its market access request involved the same frequency band and the same nominal location
as DIRECTV's previously licensed space station. Spectrum Five Opposition at 3-4. Further, it does not allege that
it can operate its proposed space station in the United States in a manner that will not cause harmful interference to
DIRECTV RB-2. Ciel Satellite Limited partnership also filed comments. In light of our decision to deny the
request, we need not address Ciel's comments here.
34 See 47 C.F.R. 25.158(b), 25.137(c).
3s See 47 C.F.R. 25.158(b)(3).
36 Spectrum Five Opposition at 5-9.
n7 We have previously denied second-in-line applications during the pendency of review of a grant to a first-mn-line
application. See EchoStar Satellite LLC, Application for Authority to Construct, Launch, and Operate a
Geostationary Satellite Using the Extended Ku-band Frequencies in the Fixed-Satellite Service at the 1010 W.L.
Orbital Location, Order, 20 FCC Red 12027 (Sat. Div. Int'l Bur. 2005).5936
Federal Communications Commission
DA 12-861
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012, book, June 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc111171/m1/279/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.