**DA 08-1572**

July 1, 2008

Mr. David A. O\'Connor

Holland & Knight LLP

2099 Pennsylvania Ave

NW Suite 100

Washington D.C. 20006-6801

Re: Call Sign E080145

File No. SES-LIC-20080617-00802

Dear Mr. O\'Connor:

On June 17, 2008, Harris Corporation (Harris) filed the above-captioned
application seeking a license to operate a fixed-satellite service (FSS)
earth station in Melbourne, Florida that will use a 6.2-meter antenna.
Harris proposes to operate the earth station in the 10.95-12.75 GHz
(space-to-Earth) and 13.75-14.5 GHz (Earth-to-space) frequency bands.
For the reasons stated below, we dismiss the 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, that contains internal
inconsistencies, or that does not substantially comply with the
Commission\'s rules. Harris\'s application contains several omissions
and discrepancies that render it unacceptable and subject to dismissal.
These deficiencies are as follows:

As an initial matter, Harris\'s proposed operations are inconsistent
with the U.S. Table of Frequency Allocations, 47 C.F.R. § 2.106.
Specifically, the Table of Frequency Allocations limits use of the
12.2-12.7 GHz band to the Broadcast Satellite Service (BSS). Harris
proposes to offer FSS in this band. Further, the U.S. Table limits FSS
use of the 12.7-12.75 GHz band to Earth-to-space transmissions only. In
its application, however, Harris states that its earth station would
receive downlink transmissions in the 12.7-12.75 GHz band. In addition,
Harris did not request a waiver of the Table of Frequency Allocations
that would permit non-conforming uses in either the 12.2-12.7 GHz band
or the 12.7-12.75 GHz band. Consequently, those portions of Harris's
application requesting authority to operate in these bands are
defective.

Furthermore, we note that the 10.7-11.7 GHz and 12.2-12.75 GHz bands are
shared on a co-primary basis with the Fixed Service. Section 25.203(c)
of the Commission's rules, 47 C.F.R. § 25.203(c), requires fixed earth
station applicants seeking authority to use these bands to submit a
Frequency Coordination Report with respect to Fixed Service operations.
In response to Question E18 of the application, however, Harris claims
that frequency coordination is not required, and did not submit a
Coordination Report. Harris does not explain the basis for its claim
that a frequency coordination report is not required. Thus, Harris's
application is incomplete and subject to dismissal on this basis. In the
event that Harris chooses to file another application seeking authority
to operate a fixed earth station in the 10.95-11.2 GHz and 11.45-11.7
GHz band, we recommend that it either (a) include a Frequency
Coordination Report for the portions of the 10.7-11.7 GHz band and the
12.2-12.75 GHz band in which it plans to operate, (b) provide a more
detailed explanation of its contention that a frequency coordination
report is not required, or (c) include a request for waiver of the
coordination requirement in its application.

In Schedule B of the license application, Harris indicates that the only
points of communication for the proposed earth station are
ALSAT-designated satellites. However, only those fixed-satellite service
earth stations that are both 2-degree compliant and operate in the
conventional Ku-band frequencies, 11.7-12.2 and 14.0-14.5 GHz, or
conventional C-band frequencies, 3700-4200 and 5925-6425 MHz, are
eligible to request ALSAT-designated satellites as points of
communication. Because Harris proposes operations in the 10.95-11.7,
12.2-12.75, and 13.75-14.0 GHz bands, it must identify the specific
satellite or satellites with which the proposed earth station seeks to
communicate.[^1]

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 the application
without prejudice to refiling.[^2]

Sincerely,

Scott A. Kotler

Chief, Systems Analysis Branch

Satellite Division

International Bureau

[^1]: 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).

[^2]: If Harris refiles an application identical to the one dismissed,
    with the exception of supplying the corrected information, it need
    not pay an application fee. *See* 47 C.F.R. § 1.1109(d).