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Televisa, SA de CV Dismissal

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Released: July 18, 2014
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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).

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Federal Communications Commission DA 14-1016

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/#.

2

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