FEDERAL COMMUNICATIONS COMMISSION DA 09-204 Before the Federal Communications Commission Washington, D.C. 20554 ) 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-20080114-00014 ) Call Sign: S2712 ) 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.1 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 nunc pro tunc.2 FEDERAL COMMUNICATIONS COMMISSION John V. Giusti Acting Chief, International Bureau 1 47 C.F.R. § 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. 2 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. § 25.154(b). Consistent with Section 25.154(c) of the Commission’s rules, 47 C.F.R. § 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. § 25.154(d), Spectrum Five may file a reply within five days after the time period has expired for DIRECTV’s response.