Attachment Letter

Letter

LETTER submitted by FCC

Letter

2003-12-09

This document pretains to SES-LIC-20030529-00757 for License on a Satellite Earth Station filing.

IBFS_SESLIC2003052900757_348385

Federal Communications Commission Washington, D.C.20554 DA 03-3903' Henry S. Scott, Esq. December 9,2003 1/ Pomeranz, Gottlieb and Muskin, L. L. C. 205 Lexington Avenue, 16th Floor New York, NY 10016 Re: Call Sign: E030134, File No. SES-LIC-20030529-00757, Transcom Enterqpses, Inc. ! Dear Mr. Scott: We have under consideration the above-captioned application filed op behalf of Transcom Enterprises, Inc. (TEI). For the reasons below, we dismiss the application without prejudice. In order to properly review the application we asked TEI on August 29, 2003 submit \. :- additional information in the form specifi'd in 47 C.F.R. 525.132 of the.Commission'.s rules. .. Commission Staff is authorized to request such additional information, and if the additional information is either not supplied or is incorrect, the Commission may dismiss the application.' On October 10, 2003, TEI responded to our request. After reviewing the additional information submitted, we determined that: - the showing does not include all pattern plots specified by 825.132. I - the fiequency in the measurements is not selected at the top, middle, and I bottom fiequencies of the operating fiequency band, as specified in §25.132(b)( 1). - the co-polarized patterns in the azimuth plane are not plotted over +/- 7 and +/- 180 degrees spans and the patterns in the elevated plane are not plotted in 0-45 degrees range, as specified in §25.132(b)(l)(i). - the vertical axis of the plots representing antenna gain is not scaled in decibels above isotropic but in decibels relative to the main bore gain, thereby interfering with our ability to calculate off-axis eirp for the proposed operation, and thus with our ability to make a determination whether the off- axis eirp is less than that which would result fkom a conforming antenna operating at the power limits specified in $25.211. ' 47 C.F.R $25.112.

The Bureau stated that if any application failed to include any of the required information, it would return the application without prejudice as being unacceptable for filing. See International Bureau To Streamline Satellite And Earth Station Processing, Report No. SPB- 140, October 28, 1998. The Commission affirmed this policy last year in its First Space Station Reform Order. See Amendment of the Commission's Space Station Licensing Rules and Policies, First Report and Order and Further Notice of Proposed Rulemaking, IB Docket NO. 02-34, 18 FCC Rcd 10760, 10852 (para. 244) (2003). See also Commission Launches Earth Station StreamIining Initiative, PubIic Notice, DA 99-1259, 14 FCC Rcd 9834 (1999). The Applicant may re-apply without incurring a second obligation to pay the application fee if the re-filed application rectifies the deficiencies noted herein. See section $1.1'1 09 (d) of the Commission's rules, 47 C.F.R. 5 1.1 109(d). Accordingly, pursuant to the Commission's rules on delegated authority, 47 C.F.R. $0.261(a)(4), we find that Application File No. SES-LIC-2030529-00757is incomplete and thus unacceptable for filing. We therefore dismiss this application without prejudice to refiling. William Howden, Chief - System Analysis Branch, Satellite Division CC: IvyChing 2


Document Created: 2003-12-09 15:51:12
Document Modified: 2003-12-09 15:51:12
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