Attachment SESLIC2013011400046.

SESLIC2013011400046.

DECISION submitted by IB - FCC

DISMISSAL LETTER

2013-04-24

This document pretains to SES-LIC-20130114-00046 for License on a Satellite Earth Station filing.

IBFS_SESLIC2013011400046_994431

                           Federal Communications Commission
                                     Washington, D.C. 20554

                                              April 24, 2013
                                                                                                 DA 13—859


Mr. Zuhair Muakkit
Antenna Technology Communications, Inc.
450 North McKemy Avenue
Chandler, AZ 85226—2606




                                                       Call Sign: E130009
                                                       File No.:   SES—LIC—20130114—00046


Dear Mr. Muakkit:

On January 14, 2013, Antenna Technology Communications, Inc. (Antenna Technology) filed the
above—captioned application to operate a new transmit and receive fixed earth station in Chandler,
AZ, in the 5850—6425 MHz frequency band. For the reasons discussed below, we dismiss the
application as defective, without prejudice to refiling.‘
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. The deficiencies and inconsistencies in Antenna Technology‘s application are as follows:
    *    Antenna Technology indicates in item 26 of Form 312 that this application is for a
         transmit and receive earth station, but fails to provide the technical data for the receive
         frequencies in items E43 to E49 of Schedule B.
    e    Antenna Technology incorrectly states in item E18 of Schedule B that a frequency
         coordination report is not required and does not submit the Frequency Coordination and
         Interference Analysis Report for emission designator 5GOOG1IF for the 5850—6425 MHz
         frequency band, as required by Section 25.130(b) of the Commission‘s rules."
    *    Antenna Technology does not identify a satellite point of communication in item 21 of
         Schedule B.
    e    Antenna Technology does not provide the necessary frequency coordination data in items
         E28 and E51—E60 in the Frequency Coordination Section of Schedule B.


‘    If Antenna Technology refiles an application in which the deficiency identified in this letter has been
corrected but otherwise identical to the one dismissed, it need not pay an application fee. See 47 C.FR.§
1.1111(d).
2 47 CER. § 25.130(b). Section 25.130(b ) states, "A frequency coordination analysis in accordance with
§ 25.203 shall be provided for earth stations transmitting in the frequency bands shared with equal rights
between terrestrial and space services... ." Section 2.106 of the Commission‘s rules, 47 C.F.R. § 2.106,
allocates the 5925—6425 MHz frequency band to both Fixed and Fixed—Satellite Services on a primary
basis.


                                      Federal Communications Commission                         DA 13—859




     e   Antenna Technology indicates in item E38, that the total input power at antenna flange
         will be 60 Watts, but submits a Radiation Hazard study based on a transmit power of 40
         Watts.
     e   Antenna Technology indicates in item E49 that the maximum EIRP density per carrier
         will be —16.50 dBW/4 kHz for emission carrier 5GOOG1F. That maximum is inconsistent
         with the values that Antenna Technology provides in items E48 (Maximum EIRP per
         Carrier (dBW)), E47 (Emission Designator), E38 (Total Input Power at antenna flange
         (Watts)), and E42 (Transmit Antenna Gain (dBi)).

Although not grounds for dismissal, we request that, as part of any refiling, Antenna Technology
demonstrate compliance with Section 25.209(a) and (b) of the Commission‘s rules," even though
Antenna Technology indicates in item E15 that the 3.7—meter Prodelin GD Satcom antenna
complies with the antenna gain patterns that are specified in Section 25.209(a) and (b).° If
Antenna Technology cannot demonstrate compliance with Section 25.209(a) and (b), then
Antenna Technology must either submit the certifications listed in Section 25.220(d)(1)(i—iv) of
the Commission‘s rules,° or Antenna Technology may cite the particular application file number
and call sign of a license in which that type of non—routine antenna has been previously approved,
pursuant to the procedures set forth in the Part 25 Earth Station Fifth Report and Order.‘ Please
note that the Commission maintains a list of approved non—routine antennas at
http://transition.fee.gov/ib/sd/nresa/#.
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 Antenna Technology‘s application without prejudice to refiling.


                                                      Singerely,
                                                        /     u>      /;77
                                                       Bel C /@‘5}
                                                      Paul E. Blais
                                                      Chief, Systems Analysis Branch
                                                      Satellite Division
                                                      International Bureau




3 Antenna Technology‘s request for emission designator 5G0O0G1F means that it is asking to transmit a
single, phase modulated, 5—gigahertz wide carrier, video signal. Therefore, for this emission designator, the
Maximum EIRP for a single carrier, E48, would be equal to the value stated in E40. Furthermore, the value
of Maximum EIRP Density per Carrier (dBW/4kHz) that Antenna Technology states in E49 is incorrect
and inconsistent with its responses to E40 and E48.
* 47 C.F.R. § 25.209(a) and (b).
° See 47 CF.R. § 25.132(a)(1)
6 47 C.ER. § 25.220(d)(1)G—iv)
‘ 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/Amendment of Part 25 of the Commission‘s Rules, Fifth Report and Order in IB Docket
No. 00—248, and Third Report and Order in CC Docket No. 86—496, 20 FCC Red 5666 (2005).



Document Created: 2013-04-25 14:07:42
Document Modified: 2013-04-25 14:07:42

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