Attachment Dismissal letter

This document pretains to SES-AMD-20061108-01963 for Amended Filing on a Satellite Earth Station filing.

IBFS_SESAMD2006110801963_537035

                              Federal Communications Commission
                                        Washington, D.C. 20554


                                                                                                DA 06—2427

                                            November 29, 2006


Mr. Paul Moller
Intellicom Technologies
1335 W. Shellfish Dr.
Gilbert, AZ 85233
                                                   Re:    Call Sign: E060390
                                                          File No.: SES—LIC—20061028—01894
                                                          File No.: SES—AMD—20061108—01963
Dear Mr. Moller:

On October 28, 2006, L3 Titan/Linkabit (L3 Titan) filed the above—captioned application for a
mobile satellite service (MSS) earth station to be operated in the Conventional Ku—band.‘ L3
Titan amended this application on November 8, 2006. The proposed earth station, as amended, is
to use a 0.36 meter remote antenna mounted on top of a vehicle. The earth station will
communicate, while the vehicle is in motion, with U.S.—licensed Points of Communication"
(POC) and a fixed hub station." Pursuant to Section 25.112(a)(1) of the Commission‘s rules, 47
C.ER. §25.112(a)(1), we dismiss the application as defective without prejudice to refiling.

In response to Question E49 of Schedule B, L3 Titan lists the maximum EIRP density per carrier
for emissions 22M9G7D as +1.1 dBW/4 KHz. This is less than, and therefore inconsistent with,
the average value of +7.4 dBW/4 kHz that we calculated using the EIRP L3 Titan provides in
response to Question E48 of Schedule B and the bandwidth of each emission. Given this
inconsistency, we cannot determine the proposed emission power.

Further, in response to Question E32 of Schedule B of the amended application, L3 Titan lists the
antenna size as 0.36 meter. Because the proposed antenna does not meet the antenna
performance standards in Section 25.209 (a) and (b), 47 C.F.R. §25.209(a) and (b), L3 Titan was
required to submit the corresponding antenna radiation pattern.* L3 Titan did not include this
submission in its application. Therefore, the application is incomplete.

While we dismiss the application on the above basis, we take the opportunity to apprise L3 Titan
of other potential issues with the application should it choose to refile it. In response to Question
17D of Form 312, L3 Titan categorizes its request as an "Initial Application" for a "Mobile
Satellite Earth Station" (Fee Code CYB). However, in response to Question E29 of Schedule B,
L3 Titan seeks authority to operate up to 6 antennas. Earth station applicants may file for

5_   11.7—12.2 GHz and 14.0—14.5 GHz.
2    AMC—5 at 79° W.L., AMC—2 at 85° W.L., IA—7 at 129° W.L, AMC—9 at 85° W.L, and IA—8 at 89° W.L.
3    FCC call sign EO00002.
4    See 47 CFR. §25.132(b)(3).


                                         Federal Communications Commission                               DA 06—2427


multiple Ku—band antennas under the same individual earth station license only when all antennas
will operate within ten geographical seconds of each other. If it chooses to refile, L3 Titan should
confirm that it has used the correct fee code classification. If the proposed antennas will not
operate within ten seconds of each other, L3 Titan must seek a blanket earth station license (Fee
Code BGB).

In addition, in response to Question E21 of Schedule B, L3 Titan lists the AMC—9 satellite at 85°
W.L as one of the Points of Communication. AMC—9 is located at 83° W.L. If L3 Titan plans to
communicate with the AMC—9, it must specify the current orbital location in any resubmitted
application.

Finally, in response to Question E57 of Schedule B, L3 Titan lists the antenna elevation angle as
21 degrees while the vehicle is fixed. Elsewhere in the application, L3 Titan lists the antenna
elevation angle as 10 degrees while the vehicle is in motion. Because L3 Titan appears to be
seeking authority to operate this station while in motion, it should, in any refilling, list a
consistent minimum elevation angle throughout its application.

Accordingly, pursuant to Section 25.112(a)(1) of the Commission‘s rules, 47 C.F.R.
§25.112(a)(1), and Section 0.261 of the Commission‘s rules on delegations of authority, 47
C.F.R. §0.261, we dismiss L3 Titan application without prejudice to refiling."


                                                                 Sincerely,


                                                                Bce)A kh
                                                                 Scott A. Kotler
                                                                 Chief, Systems Analysis Branch
                                                                 Satellite Division
                                                                 International Bureau




°* If L3 Titan refiles a license application for an initial earth station license (Fee Code CYB) identical to the one
dismissed, with the exception of supplying the corrected or missing information, it need not pay an application fee. See
47 C.F.R. §1.1109(d).



Document Created: 2006-11-29 14:46:28
Document Modified: 2006-11-29 14:46:28

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