Attachment Dismissed Letter

This document pretains to SES-LIC-20070409-00466 for License on a Satellite Earth Station filing.

IBFS_SESLIC2007040900466_562552

                              Federal Communications Commission
                                       Washington, D.C. 20554

                                                                                               DA 07—1837


                                                April 24, 2007


    Ms. Laura J. Birkelbach
    MCI Communications Services,
    Inc. (FKA MCI WorldCom Communications, Inc.)
    2400 N. Glenville Drive/Dept/Loc 71216/107
    Richardson, TX 75082


                                                        Re: Call Sign E070068
                                                             File No. SES—LIC—20070409—00466

    Dear Ms. Birkelbach:

            On April 9, 2007, MCI Communications Services, Inc. FKA MCI WorldCom
    Communications, Inc. (MCI) filed the above—captioned application seeking an earth station
    license to operate a VSAT Network in the extended and conventional Ku—bands.‘

            Section 25.112 of the Commission‘s rules, 47 C.F.R. § 25.112, requires the Commission
    to return, as unacceptable for filing, any earth station application that is not substantially
    complete, that contains internal inconsistencies, or that does not substantially comply with the
    Commission‘s rules. MCI‘s application contains several omissions and discrepancies that render —
    it unacceptable and subject to dismissal. These deficiencies are as follows: —

            Pursuant to the U.S. Table of Frequency Allocations, 47 C.F.R. § 2.106, use of the 12.2—
12.7 GHz band is limited to the Broadcast Satellite Service. In its application, MCI does not
propose to provide Broadcast Satellite Service. Further, MCI indicates that its earth station will
receive in the 12.7—12.75 GHz band. The Table of Frequency Allocations designates this band for
uplink transmissions only. MCI does not request a waiver of the Table of Frequency Allocations
to permit its proposed non—conforming uses.

            In addition, the 10.95—11.7 and 12.2—12.75 GHz bands are shared on a co—primary basis
with the Fixed Service. Section 25.203(c) of the Commission‘s rules, 47 C.F.R. § 25.203(c),
requires earth station applicants seeking authority to use these bands to include a Frequency
Coordination Report with respect to Fixed Service operations. In response to Question E18 of
Schedule B, however, MCI incorrectly states that frequency coordination is not required and did
not submit a Coordination Report.

       Finally, in Schedule B of the license application, MCI indicates that the only Points of
Communication for the proposed earth station are ALSAT—designated satellites. Only those
fixed—satellite service earth stations that are both two—degree compliant and operate in the 3700—

‘     10950—11700, 11700—12200, 12200—12750, and 14000—14500 MHz bands.


                                       Federal Communications Commission                         DA 07—1837


     4200 MHz, 5925—6425 MHz, 11.7—12.2 GHz, or 14.0—14.5 GHz bands can request ALSAT as a
     point of communication. Because MCI proposes operations in the 10.95—11.7 and 12.2—12.75
     GHz bands, the application must identify the specific satellite or satellites with which the
     proposed earth station seeks to communicate in these bands."

             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 the application without prejudice to refiling."


                                                        Sincerely,                  /




                                                        AutA KetSiQ
                                                       Scott A. Kotler
                                                       Chief, Systems Analysis Branch
                                                       Satellite Division
                                                       International Bureau




 >     Amendment of the Commission‘s Regulatory Policies to Allow Non—U.S.—Licensed Space Stations to
 Provide Domestic and International Services in the United States, First Order on Reconsideration, IB
 Docket No. 96—111, 15 FCC Red 7207, 7214—16 (paras. 16—20).

3 If MCI refiles an application identical to the one dismissed, with the exception of supplying the
 corrected information, it need not pay an application fee. See 47 C.F.R. § 1.1109(d).



Document Created: 2007-04-25 11:01:28
Document Modified: 2007-04-25 11:01:28

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