Attachment DISMISSED LETTER

This document pretains to SES-LIC-20060721-01236 for License on a Satellite Earth Station filing.

IBFS_SESLIC2006072101236_519350

Federal Communications Commission Washington, D.C. 20554 DA 06-1637 August 15,2006 Mr. Patrick L. Donnelly Sirius Satellite Radio Inc. 122 1 Avenue of the Americas 36th Floor New York, NY 10020 RE: Call Sign E060277 File No.: SES-LIC-20060721-01236 SES-STA-2006072 1-0 1237 Dear Mr. Donnelly: On July 2 1, 2006, Sirius Satellite Radio Inc. (Sirius) filed the above-captioned application and request for Special Temporary Authority to operate a Fixed-Satellite Service transmit/receive fixed earth station using the Ku-band.’ Pursuant to Section 25.1 12(a)(1 ) of the Commission’s rules, 47 C.F.R. $25.1 12(a)(I), we dismiss both applications as defective without prejudice to refiling. Sirius lists ALSAT as the point of communication for this earth station. ALSAT may only be listed as a point of communication for routinely authorized earth stations.2 Sirius’ proposed earth station, however, does not conform to the Commission’s routine processing standards. In response to question E49 on Schedule B, Sirius lists the Maximum EIRP density per carrier as 5 I . 16 dBW/4kHz for the 8MOG7W digital emissions. This corresponds to a power density at the input of the antenna flange of -8.24 dBW/4 kHz. This value exceeds the maximum input power spectral density limit of -14 dBW/4 kHz for routinely authorized earth stations in Section 25.2 12(c) of the Commission’s rules, 47 C.F.R. $ 25.2 12(c). Therefore, Sirius may not designate ALSAT as a point of communication for the proposed emissions and must identify the specific satellites with which the earth station will communicate. Also, in accordance with Section 25.220(e)( 1 ), Sirius is required to include with the application a certification from each target satellite operator that the target operator has reached agreements with adjacent satel lite operators regarding the non-routine operations. The application does not include this certification. ’ 11.7-12.2and 14.0-14.5 GHz bands. ’ Amendment of the Commission’sRegulatory Policies to Allow Non-U.S.-LicensedSpace Stations to Provide Domestic and International Services in the United States, First Order on Reconsideration, I B Docket No. 96- 1 1 1, 15 FCC Rcd 7207,72 I O n. 19.

Federal Communications Commission DA 06-1637 I n light of the above, pursuant to Section 25.1 12(a)(1)3of the Cominission’s rules, 47 C.F.R. 25.1 12(a)(1 ) and Section 0.261 of the Commission’s rules on delegations of authority, 47 C.F.R. 5 0.261, we dismiss both applications as defective without prejudice to refiling.4 Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau 47 C.F.R. 5 25.1 12(a)(l). See also EchoStar Satellite, LLC, Order on Reconsideration, DA 04-4056 (re1 December 27,2004). If Sirius refiles a license application identical to the one dismissed, with the exception of supplying the missing information, it need not pay an application fee. See 47 C.F.R. Section 1.1 109(d). 2


Document Created: 2006-08-15 14:30:14
Document Modified: 2006-08-15 14:30:14
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