Attachment SESLIC2013042500342.

SESLIC2013042500342.

DECISION submitted by FCC

DISMISSAL LETTER

2013-05-28

This document pretains to SES-LIC-20130425-00342 for License on a Satellite Earth Station filing.

IBFS_SESLIC2013042500342_998173

                           Federal Communications Commission
                                     Washington, D.C. 20554

                                              May 28. 2013

                                                                                            DA 13—1217

Mr. Junan Gibson
CNN America, Inc.
One CNN Center
Atlanta, GA 30303
junan.gibson@turner.com

                                                       Call Sign: E130084
                                                       File No.: SES—LIC—20130425—00342

Dear Mr. Gibson:

On April 25, 2013, CNN America, Inc. (CNN) filed the above—captioned application for a
new temporary—fixed earth station license to operate in the 13.75—14.5 GHz frequency
band with "ALSAT" as the point of communication. Pursuant to Section 25.112(a)(1) of
the Commission‘s rules, 47 C.F.R. § 25.112(a)(1), we dismiss the application as
defective, without prejudice to re—filing.‘

Section 25.112(a) of the Commission‘s rules requires the Commission to return as
unacceptable forfiling any earth station application that is not substantially complete,
contains internal inconsistencies, or does not substantially comply with the Commission‘s
rules." For the reason set forth below, we find the application of CNN unacceptable for
filing.

In item 21 of Schedule B, CNN lists "ALSAT" as a proposed point of communication.
Authorizations to communicate with ALSAT may be granted only in cases where the
earth station is eligible for "routine processing"." The routine processing criteria for an
earth station communicating in Ku—band frequencies are specified in Section 25.212(c) of
the Commission‘s rules." The 13.75—14.0 GHz frequency band is not authorized for
routine licensing. Because only earth stations that meet routine licensing criteria may be

‘_If CNN re—files an application in which the deficiencies identified in this letter have been corrected but
otherwise identical to the one dismissed, it need not pay an application fee. See 47 C.F.R. § 1.1111(d).
2
* 47 CFR. § 25.112 (a).
3 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 Red 7207 (1999), at 7213 ([13 (stating that licenses for "routine" earth stations
providing fixed—satellite service in the conventional C—band or conventional 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).
* 47 C.FR. §25.212 (c).


granted ALSAT as a point of communication, CNN‘s application is internally
inconsistent and does not substantially comply with the Commission‘s rules.

Accordingly, pursuant to Section 25.112(a)(1) of the Commission‘s rules, 47 C.F.R.
§25.112(a)(1), and Section 0.261of the Commission‘s rules, 47 C.F.R. §0.261, we
dismiss the application without prejudice to re—filing."

                                                           S’lfi}:erely,


                                                             au Blals
                                                           Chief, Systems Analysis Branch
                                                           Satellite Division
                                                           International Bureau

Ce: Mr. Russell H. Fox
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
701 Pennsylvania Avenue, NW., Suite 900,
Washington, DC 20004
RFox @mintz.com




° Only those fixed—satellite service earth stations that operate in the conventional Ku—band frequencies of
11.7—12.2 GHz or 14.0—14.5 GHz frequency bands can request ALSAT—designated satellites as point of
communications.



Document Created: 2013-05-28 18:36:21
Document Modified: 2013-05-28 18:36:21

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