Attachment NW Comm DA 092467 ca

NW Comm DA 092467 ca

DECISION submitted by FCC

DISMISSSAL

2009-11-24

This document pretains to SES-REG-20090815-01005 for Earth Station Registration on a Satellite Earth Station filing.

IBFS_SESREG2009081501005_783616

                            Federal Communications Commission
                                      Washington, D.C. 20554



                                                                                                 DA 09—2467

                                           November 24, 2009

David H. Pawlik
Skadden, Arps, Slate, Meagher and Flom, P.C.
1440 New York Ave., NW
Washington, DC 20005

                                                   Re: Call Sign: E090147
                                                         File No: SES—REG—20090815—01005

Dear Mr. Pawlik:

On August 15, 2009, NW Communications of Phoenix (NW Communications), Inc. filed the
above—captioned registration application for a C and Ku—band Receive—Only earth station. For
reasons discussed below, we dismiss the application as defective, without prejudice to refiling.‘

All applicants seeking licenses or registrations for Receive—Only earth stations must include all
items of information required by FCC Form 312 and its associated Schedule B. Section 25.112 of
the Commission‘s rules, 47 C.F.R. § 25.112, requires the Commussion 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. NW
Communications‘ application is incomplete because it does not include a Frequency Coordination
and Interference Analysis Report as required by Section 25.203(c) of the Commission‘s rules, 47
C.F.R. §25.203(c). Therefore, NW Communications‘ application is unacceptable for filing and
subject to dismissal.

In addition, NW Communications‘ application requests the use of the 117000 MHz to 127000
MHz band. The Commission does not authorize satellites in this frequency range. We assume
that NW Communications meant to request the use of the conventional Ku—band at 11700—12200
MHz. Nevertheless, the Commission does not license or register Receive—Only FSS stations
operating with ALSAT—designated satellites in the 11.7—12.2 GHz portion of the Ku—band."
Because the FSS is the only primary allocation in this band, operations to the FSS receive—only
Ku—band earth stations are protected against interference from the operations of any other
communications service. As such, licensing or registering these earth stations is unnecessary.

Further, NW Communications request the use of the 3400—3700 MHz band. Pursuant to Section
2.106 of the Commuission‘s rules, 47 C.F.R. §2.106, the 3400—3600 MHz band is not allocated for
the FSS in the United States. In addition, under footnote US245, 47 C.F.R. §2.106, the 3600—
3650 MHz band is limited to international intercontinental systems and is subject to a case—by—


‘_If NW Communications of Phoenix, Inc. refiles 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.§ 1.1109(d).
* See Deregulation of Domestic Receive—Only Satellite Earth Stations, Second Report and Order, CC
Docket No. 78—374, (adopted March 25, 1986).


                                Federal Communications Commission                 DA 09—2467



case interference analysis. Lastly, under footnote NG169, 47 C.F.R. §2.106 Footnote No.
NG169, the 3600—3650 MHz band is limited to grandfathered stations, and applications for new
earth station facilities shall not be accepted after December 1, 2000. Consequently, the
Commission does not process requests for registration of these frequency bands.

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
CFR. §0.261, we dismiss NW Communications of Phoenix, Inc.‘s application as incomplete
without prejudice to refiling.




                                                   Since/rely,


                                                   Kathyrn Médle
                                                   Chief, Satellite Engineering Branch
                                                   Satellite Division
                                                   International Bureau



Document Created: 2009-11-25 07:29:01
Document Modified: 2009-11-25 07:29:01

© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC