Attachment Dismissal letter

This document pretains to SES-AFS-20060811-01354 for Amendment Foreign Satellite App on a Satellite Earth Station filing.

IBFS_SESAFS2006081101354_519310

Federal Communications Commission Washington, D.C. 20554 DA 06-1634 August 15,2006 Mr. William M. Wiltshire Harris, Wiltshire & Grannis, LLP 1200 Eighteenth Street, NW 12‘”Floor Washington, DC 20036 Re: Call Sign: E060158 File No.: SES-LIC-200605 05 -00764 File No.: SES-AFS-200608 1 1-0 1354 Call Sign: E060159 File No.: SES-L1C-20060505-00765 File No.: SES-AFS-200608 1 1-01353 Dear Mr. Wiltshire: On May 5, 2006, WB Holdings 1 LLC (WB) filed the above-captioned applications for two new Ka- Band’ gateway earth stations.2 These applications were amended on August 1 1,2006. For the reason detailed below, we dismiss the applications as defective without prejudice to refiling. Section 25.1 15(e) of the Commission’s rules, 47 C.F.R. 5 25.1 15(e), provides that “[A]pplications to license individual earth station operating in 20/30 GHz band shall be filed on FCC Form 3 12, Main Form and a Schedule B, and shall also include the information describe i n Section 25.138”. WB did not submit the antenna radiation patterns required by Section 25.138(d) of the Commission’s rules, 47 C.F.R. fj 25.138(d). Therefore, the applications, as amended, are incomplete. Additionally, the applications, as amended, indicate that the stations’ “necessary bandwidth” is 22.5 megahertz. The frequency coordination report filed as Exhibit B; however, indicates that WB coordinated a bandwidth only up to 20.3 megahertz. Thus, WB must resolve this discrepancy in any refiling. While we dismiss the applications on the above basis, we take the opportunity to apprise you of other issues we have should WB choose to re-file the applications. ’ ~~ 18.3-18.8, 19.7-20.2,28.35-28.6,29.25-30.0 GHz bands. Station call sign E060158 will be located in Carlton, Minnesota and station call sign E060159 will be located in Gig Harbor, Washington.

Federal Communications Commission DA 06-1634 We note that there are discrepancies in the coordinates for the earth station sites provided in the applications and the frequency coordination studies. Specifically, for station call sign E060 1 58, WB lists the north latitude coordinate as 46” 39’ g”, and the longitude coordinate as 92” 28’ 3’’ in response to Questions El 1 and E12 of the application. However, the frequency coordination study lists the latitude coordinate as 46” 39’ &“and the longitude coordinate as 92” 28’ 48“. For station call sign E0601 59, WB lists the north latitude coordinate as 47” 20’ a” and the longitude coordinate as 122” 36’ @“ in the application. However, the frequency coordination study lists the latitude coordinate as 47” 20’ 18.6” and the longitude coordinate as 122” 36’ 34.2”. These discrepancies should be resolved should WB choose to refile its application. I n light of the above, pursuant to Section 25.1 12(a)(1)3of the Commission’s rules, 47 C.F.R. 5 25.1 12(a)(l), and Section 0.261 of the Commission’s rules on delegations of authority, 47 C.F.R. 5 0.261, we dismiss the applications, as amended, as defective without prejudice to refiling.4 Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau ’ 47 C.F.R. 25.1 I2(a)(1). See also Echostar Satellite LLC, Order on Reconsideration, DA 04-4056 (released December 27,2004). If WB files applications identical to the ones dismissed, with the exception of supplying the corrected information, it need not pay an application fee. See 47 C.F.R. 8 1.1 I09(d). 2


Document Created: 2006-08-15 08:46:22
Document Modified: 2006-08-15 08:46:22
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