Attachment March5Ltr

This document pretains to SES-LIC-20061017-01869 for License on a Satellite Earth Station filing.

IBFS_SESLIC2006101701869_553229

@ LEVENTHAL SENTER & LERMAN PLLC March 5, 2007 Stemen D. BaucH EmA gona16s702 searuchatstawcont prect rax (on)429—426 BY HAND DELIVERY Marlene H. Dortch, Secretary Federal Communications Commission Office of the Secretary 445 12th Street, SW Washington, DC 20554 Re: HNS License Sub, LLC Application for Earth Station License, Fillmore, California; Call Sign E060383, File No. SES—LIC—20061017—01869 Dear Ms. Dortch: HNS License Sub, LLC ("Hughes"), by its attorneys, submits this letter with respect to its application for a new Earth station at Fillmore, CA. See Call Sign EO60383, File No. SES—LIC—20061017—01869, as amended. The purpose of thisletteris to modify one aspect ofthe information and requestsit made in its February 20, 2007 letter in the above—referenced proceeding that provides information responsive to a Commission inquiry. In its February 20 letter, Hughes withdrew its request for a waiver of the requirementin Section 25.115(e) of the Commission‘s Rules, 47 C.F.R. § 25.115(e), to provide measured data regarding off—axis EIRP spectral density for its proposed new Ka— band antenna. Hughes had initially sought a limited and partial waiver of Section 25.115(e) in order to provide actual measurementdata on the proposed antenna with its post—grant certification under Section 25.133(b) of the Commission‘s Rules of operation in accordance with the license. Hughes Application, File No. SES—LIC—20061017—01869, at Exhibit C. Hughes hereby reinstates its request for waiver of Section 25.115(e). The only response Hughes should have made as a result of its consultation with the Commission was to indicate that it will accept a grant that specifies a lower EIRP than the 68.5 dBW level that Hughes requested in the initial application. Measurement data will still need to be provided as requested in the partial and limited waiver of Section 25.115(c). 2000 K STREET, NW, SUITE 600, WASHINGTON, DC 20006—1809 TELEPHONE 202.429—8970 FAX 2022937783 WWWLSLLAW.COM

2d Marlene H. Dortch, Secretary March 5, 2007 Page 2 To reiterate, Hughes has shown in its application, as amended, that its nominal power at the flange will be —21.7 dBW/40kHz. Based on the off—axis performance limits in Section 25.138 of the Commission‘s Rules, 47 C.F.R. § 25.138, an earth station with an antenna that just met the off—axis gain mask in 47 C.F.R. § 25.209 could have a flange power that is no more than —10.63 dBW/40kHz. The carrier transmitted by Hughes will be slightly more than 11 dB below this highest powerat the flange that will meet the off— axis performance limits. Under these circumstances, and in order to secure a timely grant ofits application, Hughes urges that the Commission authorize it now to operate with an EIRP of 56.3 dBW (11 dB above Hughes‘ nominal EIRP of 45.3 dBW). To the extentthat actual measurements from the antenna once operational should confirm that operating with an additional 12 dB of EIRP would still be compliant with the off—axis EIRP density limits in Section 25.138, Hughes reserves the right to return and seek a license modification based on such data at the appropriate point in the future. For now, however, it is contentto rely on the analysis it has provided to date. Please do not hesitate to contact the undersigned should you have any questions. Respectfully submitted, Stephen/D. BarM Attorne$ for HNS License Sub, LLC ge: Scott Kotler Trang Nguyen Steven Doiron, Hughes


Document Created: 2007-03-05 17:02:52
Document Modified: 2007-03-05 17:02:52
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