Attachment Dismissal letter

This document pretains to SES-MOD-20060519-00858 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2006051900858_553801

                          Federal Communications Commission
                                   Washington, D.C. 20554

                                                                                           DA 07—1093

                                            March 8, 2007


Mr. Keith Fagan
Telenor Satellite, Inc.
1101 Wootton Parkway
10" Floor
Rockville, MD 20852

                                                    Re: Call Sign KA313
                                                         File No. SES—MOD—20060519—00858
                                                                  SES—AMD—20060712—01133
                                                                  SES—AMD—20061226—02236
                                                                  SES—AMD—20070228—00266


Dear Mr. Fagan:

        On May 19,2006, Telenor Satellite, Inc. (Telenor) filed the above—captioned application
to modify its earth station license for Call Sign KA313. The application was amended on July 12;
2006, December 26, 2006, and February 28, 2007. The amended application seeks authority to
operate Earth Stations on Vessels (ESVs) in the extended and conventional Ku—bands.‘ The
amended application also seeks authority to add antennas and new emission designators to the
earth station. For the reasons stated below, we dismiss the application, as amended, 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. Telenor‘s application contains several omissions and discrepancies that
render it unacceptable and subject to dismissal. These deficiencies are as follows:

       Pursuant to the U.S. Table of Frequency Allocations, 47 C.F.R. § 2.106, use of the 12.2—
12.7 GHz band is limited to the Broadcast Satellite Service. Telenor proposed to operate in this
band, although it does not propose to provide Broadcast Satellite Service. Further, Telenor
indicated that its earth station would receive in the 12:7—12.75 GHz band. This band, however, is
not allocated for downlink transmissions. Furthermore, the proposed 11.20—1 1.45 GHz and
12.20—12.75 GHz bands are not allocated for the proposed ESV service. Telenor did not request a
waiver of the Table of Frequency Allocations to permit its proposed non—conforming uses.

       In addition, Telenor did not submit a Radiation Hazard Analysis as required for each
newly added antenna as required in response to Question 28 of Form 312.



©—10.95—11.70; 11.70—12.20, 12.20—12.75, and 14.0—14.5 GHz bands.


                                      Federal Communications Commission                         DA 07—1093


          While we dismiss the application on the above bases. We take this opportunity to apprise
Telenor of an additional issue with its application that it should address if it chooses to refile it.
In its technical showing, Telenor did not identify the graphic data submission by model number
(e.g. Sel Tel 4003A, 4006, and 4996T) of its proposed antennas. Thus, we are unable to verify
that the antennas in the showing are the antennas it proposes to use. Therefore, please reference
the antenna model number in any refiled application.

        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 the application without prejudice to refiling."


                                                       Sincerely,




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




* If Telenor 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. § 1.1109(d).



Document Created: 2007-03-08 12:41:46
Document Modified: 2007-03-08 12:41:46

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