Attachment KSBJ - DA 12 58 rel

KSBJ - DA 12 58 rel

DECISION submitted by IB,FCC

DA 12-58

2012-01-18

This document pretains to SES-STA-20110913-01082 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2011091301082_935688

Federal Communications Commission Washington, D.C. 20554 DA 12—58 January 18, 2012 KSBJ EDUCATIONAL FOUNDATION C/O Wray Fitch, Esq. Gammon & Grange 8280 Greensboro Dr. 7th Floor McLean, VA, 22101 File No.: SES—STA—20110913—01082 Dear Mr. Warner: On September 13, 2011, KSBJ EDUCATIONAL FOUNDATION (KSBJ) filed the above—captioned application for Special Temporary Authority (STA) to operate a Fixed—Satellite Transmit/Receive Earth Station in Humble, TX. For the reasons stated below, we dismiss the STA application 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, contains internal inconsistencies, or does not substantially comply with the Commission‘s rules. The KSBJ application is incomplete, and subject to dismissal, for the following reasons: Section 25.120(a) of the Commission‘s rules, 47 C.F.R. §25.120(a) requires STA requests to contain "the full particulars of the proposed operation." This includes frequency bands, powers and points of communication. KSBJ did not submit any information relating to the frequency bands requested for operations, the type of equipment to be used, the proposed powers, the points of communications (satellites) with which KSBJ intends to operate, or the duration of the special temporary operations. In addition, Section 25.120(a) of the Commissions‘ rules, 47 C.F.R. §25.120(a), requires STA requests to include all facts sufficient to justify the temporary authority sought. KSBJ did not provide any such information in its STA request. Without this information, we cannot make a finding that extraordinary circumstances require immediate operation and a delay in these operations would seriously prejudice the public interest. See 47 §25.120(b)(1). We note that the KSBJ STA application references file number SES—LIC— 19940421—01478, which relates to earth station call sign E940280. The license for this earth station expired in June 2004. If KSBJ seeks to reinstate operations on this earth station on a regular basis, it must file an application for a full license to operate this earth

Federal Communications Commission DA 12—58 station. This application must be filed on FCC Form 312, with associated schedules (see 47 CE.R. §§25.115 and 25.130), a radiation hazard analysis (see 47 C.F.R. §§1.1307(b) and Form 312, item 28), and a frequency coordination report (see 47 C.F.R. §25.130(b)). If KSBJ chooses to refile a request for special temporary authority at the same time it files an application regular authority, it must provide both the full particulars of the temporary operations and a justification for the request. See 47 C.F.R. §25.120(a). Accordingly, pursuant to Section 25.112 (a)(1) of the Commission‘s rules, 47 C.FR. §25.112(a), and Section 0.261 of the Commuission‘s rules on delegations of authority, 47 C.F.R. §0.261, we dismiss this application without prejudice. Smcerely, /" /b Paul E. Blais Chief, Systems Analysis Branch Satellite Division International Bureau


Document Created: 2012-01-18 14:46:18
Document Modified: 2012-01-18 14:46:18
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