> **DA 08-1030**

April 30, 2008

Mr. Jeffrey E. Rummel, Esq.

ARENT FOX PLLC

1050 Connecticut Ave

Washington, DC 20036-5339

Re: Call Sign: E080003

File No. SES-MOD-20080325-00350

Call Sign: E080002

File No. SES-MOD-20080326-00358

Dear Mr. Rummel:

On March 25, 2008 and March 26, 2008, BAE Systems Information and
Electronic Systems Integration, Inc. (BAE) filed the above-captioned
applications to modify two earth station licenses to add Ka-band[^1]
frequencies.

Section 25.112(a)(1) 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. BAE's applications do not comply with the
Commission's rules, which renders it unacceptable and subject to
dismissal. For the reason explained below, we dismiss the applications
as defective without prejudice to refiling.

Section 25.115(e) of the Commission's rules provides that "Applications
to license individual earth stations operating in the 20/30 GHz band
shall be filed on FCC Form 312, Main Form and Schedule B, and shall also
include the information described in Section 25.138." BAE did not submit
antenna radiation patterns required by Section 25.138(d). Without this
information, we cannot determine whether the proposed operations are
likely to cause harmful interference to any other Commission-licensed
operations. Thus, these applications are incomplete.

Additionally, BAE indicates in Form 312 Schedule B of the applications
that it seeks to communicate with the AMC-15 satellite at 105^o^ W.L.
and the AMC-16 satellite at 85^o^ W.L. BAE also seeks to communicate
with ALSAT-designated satellites. Only those fixed-satellite service
earth stations that are two-degree compliant and that operate in the
3700-4200 MHz, 5925-6425 MHz, 11.7-12.2 GHz, or 14.0-14.5 GHz bands can
request ALSAT as a point of communication.[^2] Because BAE's proposed
operation are in the 18.3-18.8, 19.7-20.2, 28.35-28.6, and 29.25-30 GHz
bands, BAE's application must specify the satellite or satellites with
which the proposed FSS earth station seeks to communicate in these
bands.

Accordingly, pursuant to Section 25.112(a)(1)[^3] 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 these
applications as defective without prejudice to refiling.[^4]

Sincerely,

Scott A. Kotler

Chief, Systems Analysis Branch

Satellite Division

International Bureau

[^1]: BAE seeks to add the 18.3-18.8, 19.7-20.2, 28.35-28.6, and
    29.25-30 GHz bands to its license for Call Sign E080003. BAE seeks
    to add the 19.7-20.2 and 29.5-30.0 GHz bands to its license for Call
    Sign E080002.

[^2]: Amendment of the Commission's Regulatory Policies to Allow
    Non-U.S.-Licensed Space Stations to Provide Domestic and
    International Services in the United States, First Order on
    Reconsideration, IB Docket No. 96-111, 15 FCC Rcd 7207, 7214-16
    (paras. 16-20).

[^3]: 47 C.F.R. § 25.112(a)(1). See *also* Echostar Satellite LLC,
    *Order on Reconsideration,* DA 04-4056 (released December 27, 2004).

[^4]: If BAE refiles an application identical to the one dismissed, with
    the exception of supplying the requested information, it need not
    pay an application fee. *See* 47 C.F.R. § 1.1109(d).