Federal Communications Commission Washington, D.C. 20554 July 18, 2014 DA 14-1016 Mr. Norm Leventhal Holland & Knight LLP 800 17th Street N.W., Suite 1100 Washington, DC 20006-3906 norm.leventhal@hklaw.com Call Sign: E140027 File Nos. SES-LIC-20140221-00094; SES-AMD-20140228-00116; SES-STA-20140221-00096 Dear Mr. Leventhal: On February 21, 2014, Televisa, SA de CV (Televisa) filed the above-captioned applications seeking authorization to operate a transmit and receive temporary-fixed earth station that would operate in the METLIFE stadium area of New Jersey. Televisa requested authority to operate in the 14.0 -14.5 GHz (Earth-to-space) frequency band with “ALSAT” as the point of communication.1 Pursuant to Section 25.112(a)(1) of the Commission’s rules, 47 C.F.R. §25.112 (a)(1), we dismiss the application, without prejudice to re-filing.2 Section 25.112(a)(1) of the Commission’s rules, 47 C.F.R. § 25.112(a)(1), 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. For the reasons set forth below, we find Televisa’s application is deficient and subject to dismissal. · Televisa identified, in item 26 of the Form 312, that the earth station facility will “Transmit/Receive” but did not identify the receive frequency bands in items 33-40 of the Schedule B to Form 312. · Televisa incorrectly calculated the Maximum EIRP Density per Carrier for emission carrier 20MOG2F in Schedule B. Televisa lists the density per carrier as -21.4 dBW/4kHz. As noted below, we calculate the density to be 16.8 dBW/4kHz, based upon 1 ALSAT means “all U.S.-licensed satellites.” It also provides authority to communicate with non-U.S. licensed satellites included on the Commission’s Permitted Space Station List. See Amendment of the Commission’s Regulatory Policies to Allow Non-U.S. Licensed Space Stations to Provide Domestic and International Satellite Service in the United States, First Order on Reconsideration, IB Docket No. 96-111, 15 FCC Rcd 7207, 7215 (para. 19) (1999) (DISCO II Order on Reconsideration). 2 If Televisa re-files an application identical to the application 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 14-1016 2 the Carrier EIRP value of 53.77 dBW provided by Televisa in item E48 of the Form 312.3 We observe that there are similar inconsistent values between carrier max EIRP and max EIRP Density specified by Televisa in the additional emission designator in its application. Although not a basis for dismissal, we request Televisa to provide, pursuant to Section 25.111(a) of the Commission’s rules, 47 C.F.R.§ 25.111(a), a demonstration that the NORSAT, model NS-3200, 1-meter antenna is compliant with Sections 25.209(a) and (b) and 25.132 of the Commission’s rules.4 If Televisa cannot demonstrate compliance with Section 25.209(a) and (b), then Televisa must either submit the certifications listed in Section 25.220(d)(1)(i-iv) of the Commission’s rules, or Televisa may cite the IBFS File Number and the call sign of a specific application in which that type of antenna has been previously approved at or above the maximum EIRP density requested in this application.5 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 Televisa, SA de CV’s application without prejudice to re-filing. Sincerely, Paul E. Blais Chief, Systems Analysis Branch Satellite Division International Bureau 3 Maximum EIRP Density per Carrier = E48 [Carrier EIRP] dBW – E47[Emission Bandwidth](converted to dB/Hz)+ 36dB/4kHz. In this instance, 53.77 dB/Carrier – (10*log(20,000,000)dB/Hz )+36dB/4kHz = 16.8 dBW/4kHz. 4 47 C.F.R. §§ 25.209(a) and (b); 47 C.F.R. § 25.132. 5 See 2000 Biennial Review – Streamlining and Other Revisions of Part 25 of the Commission’s Rules Governing the Licensing of, and Spectrum Usage by, Satellite Network Earth Stations and Space Stations, Amendment of Part 25 of the Commission’s Rules and Regulations to Reduce Alien Carrier Interference Between Fixed-Satellites at Reduced Orbital Spacings and to Revise Application Procedures for Satellite Communication Services, Fifth Report and Order in IB Docket No. 00-248 and Third Report and Order in CC Docket No. 86-496, 20 FCC Rcd 5666 (2005) (para. 59) . The Commission maintains a list of approved non-routine antennas at http://transition.fcc.gov/ib/sd/nresa/#.