Attachment Data Technology Solu

This document pretains to SES-STA-20091203-01539 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2009120301539_842425

Federal Communications Commission (((,')) Washington, flC. 20554 DA 10-1747 September 15, 2010 Raul Magallances, Esq. The Law Office of Raul Magallanes, PLLC P.O. Box 1213 Houston, TX 77549 Re: Call Sign E090 138 File No: SES-LIC-20090807-00971 Dear Mr. Magallanes: On August 7, 2009, Data Technology Solutions (DTS) filed the above-captioned earth station application to operate a network of Earth Stations on-board Vessels (ESVs). The proposed network consists of 250 0.6-meter AZU-06 antenna terminals operating in the conventional Ku- band throughout the United States) Pursuant to Section 25.11 2(a)(1) of the Commission's rules, 47 C.F.R. § 25.1 12(a)(1), we dismiss the application as defective without prejudice to refihing.2 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, contains internal inconsistencies, or does not substantially comply with the Commission's rules. DTS' application is internally inconsistent, which renders it unacceptable and subject to dismissal. The deficiencies are as follows: We cannot determine the proposed emission power of the ESV due to inconsistencies among the proposed maximum EIRP density per carrier listed in the Schedule B of the application and the average EIRP density calculated from other parameters. Specifically, for the IM1OG7W emission, DTS indicates the maximum EIRP density per carrier for the ESV is -24.9 dBW/4kHz (Question E49). However, we calculate an average value of +12.2 dBW/4kHz as derived from the maximum EIRP per carrier of 36.6 dBW (Question E48) and 1 .10 megahertz necessary bandwidth (Question E47). Similarly, for the 1M76G7W emission, DTS indicates that the maximum EIRP density per carrier for the ESV is -24.9 dBW/4kHz (Question E49). This value is less than the average value of +1 0.5 dBW/4kHz as derived from the maximum EIRP per carrier of 36.9 dBW (Question E48) and 1.76 megahertz necessary bandwidth (Question E47). Furthermore, for the 4M41G7W emission, DTS indicates that the maximum EIRP density per carrier for the ESV is -24.9 dBW/4kHz (Question E49). This value is less than the average value 11.7-12.2 0Hz and 14.0-14.5 0Hz. 2 If DTS 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. § 1.1111(d).

Federal Communications Commission DA 1 O1 747 of +10.2 dBW/4kHz as derived from the maximum EIRP per carrier of 40.64 dBW (Question E48) and 4.41 megahertz necessary bandwidth (Question E47). Accordingly, pursuant to Section 25.1 12(a)(l) of the Commission's rules, 47 C.F.R. § 25.1 12(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 as defective without prejudice to refihing. Sincerely, Kathyni Medl} Chief, Satellite Engineering Branch Satellite Division International Bureau 2


Document Created: 2010-09-29 15:57:19
Document Modified: 2010-09-29 15:57:19
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