Attachment DA05818

This document pretains to SES-LIC-20040730-01081 for License on a Satellite Earth Station filing.

IBFS_SESLIC2004073001081_425173

Federal Communications Commission Washington, DC 20554 inomatonaturonu DA 05—818 Released: March 29, 2005 March 28, 200 Brign R. Jones QUALCOMM Incorporated 5775 Morehouse Drive San Diego, CA 92121 Re: QUALCOMM Incorporated Call Sign: BO40324 File No. SES—L1C—20040730—01081 File No. SES—AMD—2005031 1—0031 1 Dear Mr. Jones: On July 30, 2004, QUALCOMM Incorporated (*QUALCOMM®) filed the above— captioned application, and amended it on March 11, 2005, for authority to operate a Conventional Ku—Band‘ Earth Station. For the reason(s) stated below, we dismiss, without prejudice, your application and its amendment as defective: Currently, Qualcomm provides its BoaTRACS service undera separate authorization between ships and fixed satellte service (FSS) earth stations, pursuant to a waiver ofthe Table of Frequency Allocations‘ granted in 1996." The Interational Bureau (Bureau) placed several conditions on that waiver, including a requirement that Qualcomm operate on a non—harmfulinterference basis relative to other operations in the Ku—band." Qualcomm was granted a license to operate earth stations to provide its BoaTRAC$ service on January 3, 1997 j 117122 and 140—14.5 GHte bands t «rcrR 3216 2 Mobile SateliteBased Communications Service by Crescomm Transmisson Services,Inc. and Qualcomm Incorporated, Order11 FCC Red 10944 (lnr! Bur. and OET, 1996)(Crescommn(Qualcomm Onden. $ Crescomn/Qualcomn Onder, 11 FCC Red as 1095081 (pars14) * See Satelite Communications Servces, Pablic Noic, Report No. DS—1698(releaed Jan.8. 1900

rEDERAL CO Da 05818 In this application for a new license, Qualcomm requests blanket licensing authority for additional earth stations for its BosTRACS service. Qualcomm proposes to operate those earth stations at an EIRP level 3 dB higher than the earth stations in its 1997 license. Qualcomm also plans to operate in the costal waters of the United States, including Alaska and Hawaii, as well as in Canada. However, Qualcomm‘s application is not substantially complete, because Qualcomm provided only the information that would have been required to support a license modification. Accordingly, we dismiss Qualcomms application, without prejudice to refiling. Subsequent to Qualcomm‘s application, the Commission adopted a number of new rules applicable to the operation of Earth Station on Vessels (ESVs).® ‘The substantive requirements of these rules took effect on March 2, 2005." Specifically, Section 25.222(a)places several requirements on Ku—band ESV operators, including the following: * Ku—band ESV operators must meet an off—axis EIRP envelope consistent with the requirements of Sections 25.209 and 25.212 of the Commission‘s rules. (47 CR §§ 25.222(a)(1) through (4)) * Ku—band ESV operators must maintain a pointing error of less than 0.25, between the orbital location of the target stellite and the axis of the main lobe ofthe ESV antenna. (47 CER§25.222@)(6)) * All emissions from the ESV shall automatically cease within 100 milliseconds if the angle between the orbitallocation of the target satellte and the axis of the main lobe of the ESV antenna exceeds 0.5°, and transmission will not resume until such angle is less than 0.2®. (47 CER. § 25.222(a)(7)) * There shall be a pointof contact in the United States available 24 hours a day, seven days a week, with authority and ability to cease all emissions from the ESVs, either directly or through the facilities of a U.S. hub or a hub located in another country with which the United States has a bilateral agreement that enables such cessation of emissions. (47 C.FR. § 25.222(@)(8)) Your amendmentfiled, after many of the ESV rulestook affect, on March 11, 2005 did not include a request for waiver ofthese requirements and your application is, therefore, incomplete. We also note that,if Qualcomm refils, it will be required to comply with the information requirements adopted in the ESV Order, currently pending approval by 4 Procedires to Gover the Use of Stelite Earth Suations on Board Vessels n the $925—6425 MJHe3700—200 Mitz Bands and 14.0—14.5 Gits/17—122 Giiz Bands, Report and Order, 1B Docket No (2—10, FCC04—286 (released San.6,2005(ESV Orden. °. See TOFR 4775 (lan. 31, 2005)

EEDERAL on the Office of Management and Budget, in the event that those rules take effect prior to action taken on Qualcomm‘s application. Accordingly, pursuant to Section 25.112(a)(1) "ofthe Commission‘s rules, 47 C.ER. § 25.112(a)(1), and Section 0.261 of the Commission‘s rules on delegations of authority, 47 C.FR. §0.261, Qualcomm‘s application, as amended, IS DISMISSED as defective without prejudice to refiling for filure to request a waiver." Sincercly, > Yhees € § ‘Thomas S. Tyez Chief, Satellite Division * 47 CER. Secion 25. 112((0). S also Rchosar Satlite LLC, Order on Reconsideration, DA 04— 4056 (released December27,2004). * IfQualcomm refiles an application identicalt he one dismissed, wth the exception of supplying the missinginformationit need not payan applictionfee. See47 CIER. Sction 1.1 09(4


Document Created: 2005-03-29 11:47:28
Document Modified: 2005-03-29 11:47:28
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