Federal Communications Commission Washington, D.C. 20554 March 22, 2016 DA 16-301 Mr. Michael P. Beder Covington & Burling LLP 850 Tenth Street, N.W. Washington, D.C. 20001 mbeder@cov.com Call Sign: E160008 File No.: SES-LIC-20160113-00040 SES-AMD-20160118-00058 Dear Mr. Beder: On January 13, 2016, WGBH Educational Foundation (WGBH) filed the above-captioned application to operate a fixed earth station in Boston, MA with the Permitted List satellites in the 14.0- 14.5 GHz (Earth-to-space) and 11.7–12.2 GHz (space-to-Earth) frequency bands. Pursuant to Section 25.112(a)(1) of the Commission’s rules, 47 C.F.R. § 25.112(a)(1), we dismiss the application as defective without prejudice to re-filing. 1 Section 25.112(a) of the Commission’s rules, 47 C.F.R. § 25.112(a), 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. WGBH’s application does not comply with the Commission’s rules, and is subject to dismissal as follows. Section 25.115(k)(1) of the Commission's rules, 47 C.F.R. § 25.115(k)(1), requires that earth station applications requesting authority to operate with the Permitted List satellites must qualify for routine processing. The standard for routine processing is outlined in Section 25.212(c)(2) of the Commission's rules, 47 C.F.R. 25.212(c)(2). In relevant part, an earth station may be routinely licensed for digital transmission if the antenna input power spectral density does not exceed -14 dBW/4kHz. WGBH’s application does not comply with this standard for routine processing. Specifically, WGBH lists emission designators 6M00G7W, 3M00G7W, and 1M00G7W in Item E50 of Schedule B with maximum EIRP power density values of 43.2, 46.2, and 46 dBW/4kHz, respectively, in Item 49 of Schedule B. Based on the 55 dBi gain value that WGBH listed in Item E41, the input power densities of those emissions would be -11.80, -8.80, and -9.00 (dBW/4kHz), respectively, which is greater than the - 14 dBW/4kHz limit for routinely licensed authorizations. 1 If WGBH 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. § 1.1111(d). Federal Communications Commission DA 16-301 2 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 WGBH’s application without prejudice to re-filing. Sincerely, Paul E. Blais Chief, Systems Analysis Branch Satellite Division International Bureau