Attachment 07NorthAmerican

This document pretains to SES-LIC-20071107-01540 for License on a Satellite Earth Station filing.

IBFS_SESLIC2007110701540_607458

                         Federal Communications Commission
                               Washington, D.C. 20554



                                                                                         DA 07-4753

                                        November 28,2007


Mr. David Tillotson
Law Office of David Tillotson
4606 Charleston Terrace, N.W.
Washington, D.C. 20007

                                                           Re: Call Sign E860154
                                                               File No. SES-LIC-20071107-01540

Dear Mr. Tillotson:

On November 7,2007, the Law Office of David Tillotson filed, on behalf of North American
Leasing, the above-captioned application for authority to operate an earth station that will operate
in the conventional Ku-band.’ Pursuant to Section 25.1 12(a)(l) of the Commission’s rules, 47
C.F.R. 5 25.1 12(a)(l), we dismiss the application as defective without prejudice to refiling.

Section 25.1 12 of the Commission’s rules, 47 C.F.R. 5 25.1 12, requires the Commission to
return, as unacceptable for filing, any earth station application that is not substantially complete,
contains internal inconsistencies, or does not substantially comply with the Co~n~nission’s    rules.
North American Leasing’s application does not comply with the Commission’s rules, which
renders it unacceptable and subject to dismissal. The deficiencies are as follows:

Question 28 of Form 312 indicates that a radiation hazard study must accompany all applications
as an exhibit for new transmitting facilities such as the one proposed by North American
Leasing.2 North American Leasing’s application does not include this required e h b i t .

Further, North American Leasing’s application lists ALSAT-designated satellites as the earth
station’s only intended points of communication. Earth station applicants may not use the
ALSAT designation in cases where the earth station’s power density exceeds the limits in Section
25.212(c) of the Commission’s rules, 47 C.F.R. 5 25.212(c). Applicants proposing operations
                                                                                    In response
exceeding these limits must identify specific satellites as points of c~mmunication.~
to item E49 of Schedule B, North American Leasing lists 37.06 dBW/4kHz as the maximum
equivalent isotropic radiated power (eirp) density per carrier for emission 24MOG7F. In response

    The conventionalKu-band encompasses the 11.7-12.2 GHz and 14.0-14.5 GHz frequency bands.

    See 47 C.F.R. 6 1.1307(b).

    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. 96-1 11, 15 FCC Rcd 7207-7210 n.19.


                                   Federal Communications Commission                        DA 07-4753


to item E41/E42 of Schedule B, North American Leasing lists 49.4 dBi as the antenna gain.
Based on this information, we calculate the power density at the input of the antenna flange as
-12.34 dBW/4kHz (subtracting the antenna gain from the eirp density). This value exceeds the
-14 dBW/4kHz power density limit in Section 25.212(c). Thus, North American Leasing cannot
use an ALSAT designation and must specifically list all satellites with which the earth station
intends to communicate.

Additionally, applicants requesting authority for earth stations that will operate at a power density
exceeding the levels in Section 25.212(c) must submit a certification described in Section
25.220(e)(l) of the Commission’s rules, 47 C.F.R. 5 25.220(e)(l), from each target satellite
operator. North American Leasing’s application does not include these required certifications.

While we dismiss the application on the grounds discussed above, we take the opportunity to
apprise North American Leasing of another issue with the application should it choose to refile.
In particular, in response to Question 26 of the FCC Form 3 12 Main Form, North American
Leasing indicates that the earth station is a TransmitReceive station. In response to items E43/44
and E52/53 of the FCC Form 3 12 Schedule B, however, North American Leasing lists only the
transmit frequency range (14000.0-14500.0 MHz). In any refiling, North American Leasing
should list a receive fkequency range and all associated t e c h c a l parameters (items E28, E41/42,
E43/44, E45 through E47, and E50 through E59) or change the designation of the station in the
Main Form to Transmit-only.

In light of the above, pursuant to Section 25.1 12(a)(1) of the Commission’s rules, 47 C.F.R. 5
25.1 12(a)(l) and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R.
5 0.261, we dismiss North American Leasing’s application without prejudice of refilb~g.~

                                                              Sincerely,



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




   If North American Leasing 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. 6 1.1109(d).


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Document Created: 2007-11-28 15:55:15
Document Modified: 2007-11-28 15:55:15

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