Attachment DA 12-1659

This document pretains to SES-LIC-20121026-00967 for License on a Satellite Earth Station filing.

IBFS_SESLIC2012102600967_971653

Federal Communications Commission Washington, D.C. 20554 October 18, 2012 DA 12-1659 Frank R. Jazzo, Esq. Fletcher, Heald & Hildreth, P.L.C. 1300 North 17th Street 11th Floor Arlington, VA 22209 Call Sign: E120101 File No.: SES-LIC-20120611-00503 Dear Mr. Jazzo: On June 11, 2012, Island Uplink Corp. (Island Uplink) filed the above-captioned application for a license of a new transmit-only Temporary-Fixed earth station operating in the conventional C-band frequencies to be located in San Juan, Puerto Rico.1 For the reasons listed below, we dismiss the application without prejudice to refiling.2 Section 25.112(a) of the Commission’s rules, 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 Commission’s rules. 3 Island Uplink’s application is incomplete and does not comply with the Commission’s rules, which renders it unacceptable and subject to dismissal. The deficiencies in the application are as follows: In response to item E21 in Schedule B of FCC Form 312 (Schedule B), Island Uplink lists “ALSAT” as the proposed point of communication for its earth station. Earth station applicants may designate ALSAT as a point of communication only in cases where the earth station is eligible for routine processing.4 An earth station proposing to operate in the conventional C-band must comply with Section 25.212(c) or, in the alternative, with Section 25.218 to be processed 1 The conventional C-band encompasses the 5925-6425 MHz uplink frequencies. 2 If Island Uplink refiles an application identical to the one dismissed, with the exception of supplying the missing information, it need not pay an application fee. See 47 C.F.R. § 1.1111(d). 3 47 C.F.R. § 25.112(a)(1-2). 4 See 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, IB Docket No. 96-111, First Order on Reconsideration, 15 FCC Rcd 7207 (1999), at 7213 ¶13 (stating that licenses for “routine” earth stations providing fixed-satellite service in the conventional C-band Ku-band may specify “ALSAT” as authorized points of communication, and noting that a “routine” earth station is one that operates consistently with the technical requirements of Part 25).

Federal Communications Commission DA 12-1659 routinely.5 Applicants proposing an earth station that does not qualify for routine processing must identify specific satellites as proposed points of communication. Island Uplink’s proposed 4.1 meter antenna does not qualify for routine processing under Section 25.212(d)(2) of the Commission’s rules which established a minimum antenna diameter of 4.5 meters.6 Thus, Island Uplink must demonstrate that the antenna, which will carry digital signals in the conventional C-band, complies with the off-axis effective isotropically radiated power (EIRP) limits in Section 25.218(d) to be eligible for routine processing. To make this demonstration, an applicant must submit the off-axis EIRP tables described in Section 25.115(h) of the Commission’s rules.7 Island Uplink’s application did not contain these tables. Consequently, we cannot find that Island Uplink’s proposed 4.1-meter antenna is eligible for routine processing pursuant to Section 25.218. Island Uplink cannot; therefore, propose “ALSAT” as a point of communication for this antenna. Because Island Uplink’s application is not eligible for routine processing, it must include with its application certifications from potentially affected adjacent satellite operators if Island Uplink chooses to refile.8 Island Uplink’s application is also missing required technical information. In particular, Island Uplink failed to respond to items E56 and E58 in the Schedule B, which pertain to Earth station azimuth angle of Eastern and Western limit. Island Uplink’s failure to provide this information renders its application defective. Accordingly, pursuant to Section 0.261 of the Commission’s rules on delegated authority, 47 C.F.R. § 0.261, we dismiss the application of Island Uplink, Corp. without prejudice to refiling. Sincerely, Paul E. Blais Chief, Systems Analysis Branch Satellite Division International Bureau 5 47 C.F.R. §§ 25.212(c) and 25.218. See 2000 Biennial Regulatory Review – Streamlining and Other Revisions of Part 25 of the Commission’s Rules Governing the Licensing Of, and Spectrum Usage By, Satellite Network Earth Stations and Space Stations, IB Docket No. 95-117, Eighth Report and Order On Reconsideration, 23 FCC Rcd 15099 (2008), at 15100 ¶¶ 2-3 and 15144 ¶ 108 (extending routine licensing to small antennas that meet specified off-axis effective isotropically radiated power (EIRP) envelopes). 6 47 C.F.R. § 25.212(c). 7 47 C.F.R. § 25.115(h). 8 See 47 C.F.R. § 220(d). 2

Federal Communications Commission DA 12-1659 3


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Document Modified: 2019-04-14 19:18:45
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