Attachment dismissal letter

This document pretains to SES-LIC-20050414-00454 for License on a Satellite Earth Station filing.

IBFS_SESLIC2005041400454_431956

                              Federal Communications Commission
                                     Washington, DC 20554
ttoratonalBurens                                                                   DA 05—1330

                                             May 12, 2005
      Mr. John W. Zucker Esq.
      American Broadcasting Companies, Inc.
      77 West 66° Street, 16" Floor
      New York, NY 10023—6229

                                                            Re:— Call Sign: E050106
                                                                 SES—LIC—20050414—00454

      Dear Mr. Zucker:

      On April 14, 2005, American Broadcasting Companies, Inc.fled the above—captioned
      application for authority to operate a Temporary Fixed Earth Station in the Conventional
      Ku—Band‘ and Extended Ku—Band." Pursuant to Section 25.112(@)(1) of the
      Commission‘s rules, 47 C.F.R. § 25.112(a)(1), we dismiss this application as defective for
      failure to identify the specific points of communication for a non—conforming antenna in
      the conventional Ku—Band and for failure to identify specific points of communication in
      the extended Ku—band.

     In Schedule B, you indicate the Permitted List as the point of communication and the
     antenna size of your earth station as 0.9 meter. Since 0.9 meteris smaller than the
     conforming antenna size of 1.2 meters for the conventional Ku—Band which is routinely
     licensed, your application must either identify specific satelltes as the points of
     communication along with adjacent satellite operator affidavits for the use ofthe non—
     conforming antenna or,alternatively, you may select the Permitted List as the points of
     communication but must include a 2 degree compliance demonstration as specified in
     Section 25.209(f)" of the Commission‘s ules. In attachments to your application, you
     provided affidavits from Panamsat,Intelsat, and SES Americom which operate satellites
     immediately adjacent to the Galaxy XI at 91° W.L and/or SB—6 at 74° W.L.. Since you
     selected Permitted List as the points of communication, we are unclear as to whether you
     only intend to communicate with Galaxy XI and SB—6 or whether you also intend to


     * 11700—12200 and 14000—14500 Mite bands:
     * 13750—14500 Mitz band.
        «1 CrR §25200.


                         FEDERAL COMMUNICATIONS COMMISsION                               paos—1330



communicate with other satellites for which other adjacent satelite operator affidavits
would also be required. *

Additionally, your application requests authority to transmit in the 13.75—14.0 GHz band
but does not specify the specific points of communication other than Permitted List. The
Permitted Listincludes only geostationary satelites operating in the 3700—4200 MHz,
5025—6425 MHz, 11700—12200 MHz, and 14000—14500 MHz bands. Since neither the
Galaxy XI nor the SB—6 satellites, discussed in attachments to your application, use the
13.75—14.0 GHz band, we are unclear as to which satelites are the points of
communication for this earth station in this band. Therefore, your application is
incomplete in regard to the use of the 13.75—14.0 GHz band.
Based on the foregoing reasons we dismiss the application as incomplete. However, we
take this opportunity to apprise you of other concerns we have should you choose to
refile the application.
We note that the Radiation Hazard Analysis submitted with your application is an
analysis for a 0.8 meter antenna which is inconsistent with the 0.9 meter antenna stated in
your application. If you choose torefile, we suggest that you revise this analysis to
reflect a 0.9 meter antenna.

Accordingly, pursuant to Section 25.112(a)(1)° of the Commission‘s rules, 47 C.ER. §
25.112(a)(1), and Section 0.261 of the Commission‘s rules on delegations of authority, 47
C.FR. §.0.261, we dismiss your application as defective without prejudice to refiling."

                                                       Sincerely,

                                                           ceXA H@'&v\,
                                                       Scott A. Kotler
                                                       Chief, Systems Analysis Branch
                                                       Satellite Division


+. Inaddition, w request, if you choose t efl,afiavit from potenially affected sateit opertors
which are separted by 6 degrees orless ofthe specifsatelfte you inend to communicate
* 47 CER. §25.112@)(1). See also Echostar Stelie LLC, Order on Reconsiderarion, DA 04—4056
{rleased December 27,2004)
° If American Broadcasting Companies In., efiles an applcation identeao theon dismissed, wth the
exceptionof supplying the missing or correctedinformationit need not pay an applcationfoo. See 47
crrgi10®.



Document Created: 2005-05-12 16:53:41
Document Modified: 2005-05-12 16:53:41

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