Attachment Dismissal ltr

This document pretains to SES-MOD-20080229-00213 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2008022900213_628877

                         Federal Communications Commission
                               Washington, D.C. 20554


                                                                                           DA 08-551

                                           March 1 1 , 2008


William K. Coulter, Esq.
DLA Piper US LLP
500 8‘” Street, N.W.
Washington, DC 20004

                                                         Re: Call Sign E000669
                                                         File No. SES-MOD-20080229-00213

Dear Mr. Coulter:

On February 29, 2008, TeleCommunication Systems filed the above-captioned application to
modify its VSAT network license’ to add an additional terminal-type. Pursuant to Section
25.1 12(a)( 1 ) of the Commission’s rules, 47 C.F.R. 5 25.1 12(a)( 1)’ we dismiss the application as
defective without prejudice to refiling.

Section 25.1 12 of the Commission’s rules, 47 C.F.R. 5 25.1 12, 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.
TeleCommunication Systems’ application does not comply with the Commission’s rules, which
renders it unacceptable and subject to dismissal. The deficiencies are as follows:

The application lists ALSAT-designated satellites as the earth station’s only intended points of
communication. Earth station applicants may not use the ALSAT designation in cases where the
earth station’s power density exceeds the limit in Section 25.212(c) of the Commissions rules, 47
C.F.R. 5 25.2 12(c). Applicants proposing operations exceeding this limit must identify specific
satellites as points of communications.’ In response to item E49 of Schedule B,
TeleCommunication Systems lists 38.80 dBW/4kHz as the maximum equivalent isotropic
radiated power (e.i.r.p.) density per carrier for emission 5MOOG7D. Based on this information,
we calculate the power density at the input of the antenna flange as -8.70 dBW/4kHz (subtracting
the antenna gain from the e.i.r.p. density). This value exceeds the -14.0 dBW/4kHz power
density limit in Section 25.2 12(c). Thus, TeleCommunication Systems cannot use an ALSAT
designation and must specifically list all satellites with which the earth station intends to
communicate.

Additionally, applicants requesting authority for earth stations that will operate at power density
exceeding the level in Section 25.2 12(c) must submit a certification described in Section

’   This network operates in the 11.7-12.2 and 14.0-14.5 GHz frequency bands.

    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, First Order on Reconsideration, IB
Docket No. 96-1 1 1 , 15 FCC Rcd 7207-72 10 n. 19.


                                     Federal Communications Commission                        DA 08-551


25.220(e)( 1) of the Commission’s rules, 47 C.F.R. 5 25.220(e)( 1) from each target satellite
operator. TeleCommunication Systems’ application does not include these certifications.

In light of the above, pursuant to Section 25.1 12(a)(1) of the Commission’s rules, 47 C.F.R. 8
25.112(a)( 1) and Section 0.261 of the Commission’s rules on delegations of authority, 47 C.F.R.
4 0.26 1, we dismiss TeleCommunication Systems’ application without prejudice of refiling3
                                                Sincerely,




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




    If TeleCommunication Systems refiles an application identical to the one dismissed, with the exception
of supplying the corrected information, it need not pay an application fee. See 4 7 C.F.R. $ 1.1 109(d).


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Document Created: 2008-03-11 16:13:44
Document Modified: 2008-03-11 16:13:44

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