Attachment SES - DA 12-437 Dism

SES - DA 12-437 Dism

DECISION submitted by IB,FCC

DA 12-437

2012-03-21

This document pretains to SES-MFS-20110715-00822 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2011071500822_945785

Federal Communications Commission Washington, D.C. 20554 DA 12—437 March 21, 2012 Mr. Daniel Mah SES Americom, Inc. 1129 20Street, NW Suite 100 Washington, DC 20036 Re: Call Sign EO20071 IBFS File No. SES—MFS—20110715—00822 Dear Mr. Mah: This is in reference to the above—captioned application filed by SES Americom, Inc. (SES Americom) on July 15, 2011, to modify the license for an earth station located in Bristow, Virginia.‘ By this letter, we dismiss certain portions of the modification application without prejudice to refiling, as discussed below. We grant the application in all other respects. SES Americom seeks to add emission designator IMOOF8D, which would provide analog TT&C in the 14.000—14.005 GHz and the 14.495—14.500 GHz frequency bands with an effective isotropically radiated power (EIRP) density of 55.9 dBW/4kHz. The frequency coordination report SES Americom submitted in its application does not include this emission designator. Rather, the report indicates that only digital emission designatorI MOO0G7D, with an EIRP density of 49.9 dBW/4kHz, was coordinated. Consequently, we cannot approve the 1 MOOFS8D carrier. In addition, in response to item E50 of FCC Form 312 —Schedule B, SES Americom indicates that the antenna will operate in the 12.25—12.75 GHz frequency bands." We dismiss this portion of the application. First, we dismiss that portion of the application in which SES Americom proposes to receive transmissions in the 12.25—12.5 GHz band. Neither the NSS—7 nor the SES—4 ‘ This application was placed on Public Notice on August 10, 2011. Public Notice, Report No. SES—01371 (Aug. 10, 2011). No comments were filed. * Although SES Americom does not discuss the 12.25 — 12.75 GHz frequency band in the narrative attachment to the modification application, we assume that the detailed information in Schedule B with respect to this band constitutes a request to operate on these frequencies.

Federal Communications Commission DA 12—437 space stations, which SES Americom lists as points of communication in Schedule B, is capable of operating in the 12.25—12.50 GHz band." Next, we dismiss that portion of the application in which SES Americom proposes to receive transmissions in the 12.5—12.7 GHz band. There is a freeze on filing applications for new DBS satellites in the 12.2—12.7 GHz band.* Consequently, we cannot grant any earth station application to access a satellite not currently providing DBS service in the 12.5—12.7 GHz band, such as NSS—7 and SES—4. Last, we dismiss that portion of the application in which SES Americom proposes to receive transmissions in the 12.7—12.75 GHz band. The 12.7—12.75 GHz band is allocated to the Fixed—Satellite Service (Earth—to-space).6 There is no allocation for a space—to— Earth satellite service in International Telecommunication Union Region 2, which includes the United States, for this band. Further, SES Americom does not request a waiver of the Table of Frequency Allocations to permit this non—conforming use. Accordingly, pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, we dismiss, without prejudice, that portion of SES Americom‘s application, IBFS File No. SES—MFS—20110715—00822, that proposes to operate in the 12.25—12.75 GHz frequency band. We also dismiss, without prejudice, that portion of the application that proposes to operate emission designator 1 MOOF8D. We grant the application in all other respects. The license for this earth station will reflect these findings. Sincerely, Fai»Q(tumubuh {ffl/ Robert G. Nelson Chief, Satellite Division International Bureau * See New Skies Satellites B.V. Petition for Declaratory Ruling, SAT—PPL—20110620—00112 (Market Access Request), Narrative at 4. 4 See Direct Broadcast Satellite (DBS) Service Auction Nullified: Commission Sets Forth Refund Procedures For Auction No. 52 Winning Bidders and Adopts a Freeze On All New DBS Service Applications, Public Notice, FCC 05—213, 20 FCC Red 20618 (2005). * We also note that in its Market Access Request, New Skies stated it was not seeking authority to operate either NSS—7 or SES—4 in the United States in the 12.5—12.7 GHz band. See Market Access Request, Narrative at 4. ©47 C.F.R. § 2.106.


Document Created: 2012-03-21 14:47:06
Document Modified: 2012-03-21 14:47:06
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