Attachment Dismissal ltr

Dismissal ltr

DECISION submitted by FCC

Dismissal

2008-06-06

This document pretains to SES-LIC-20080530-00691 for License on a Satellite Earth Station filing.

IBFS_SESLIC2008053000691_645323

Federal Communications Commission Washington, D.C. 20554 DA 08—1351 June 6, 2008 Joseph A. Godles, Esq. Goldberg. Godles, Wiener, & Wright 1229 19" Street, N.W. Washington, D.C. 20036—2413 Re: Call Sign E080131 File No. SES—L1C—20080530—0069 1 Dear Mr. Godles: On May 30, 2008, Tokyo Broadcasting System, Inc. (Tokyo Broadcasting) filed the above— captioned application to operate a transmit—only temporary—fixed earth station in the conventional Ku—Band.‘ Pursuant to Section 25.112(a)(1) of the Commission‘s rules, 47 C.F.R. § 25.112(a)(1), we dismiss the application 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 forfiling, any earth station application that is not substantially complete, that contains internal inconsistencies, or that does not substantially comply with the Commission‘s rules. Tokyo Broadcasting‘s application does not comply with the Commission‘s rules and contains an internal inconsistency, which renders it unacceptable and subject to dismissal. The deficiencies are as follows: In response to Question E15 of Schedule B, Tokyo Broadcasting indicates that its proposed 1.0 meter antenna does not comply withthe antenna gain patterns specified in Section 25.209(a) and (b) of the Commission‘s rules, 47 C.F.R. § 25.209(a) and (b). Pursuant to Section 25.132(b)(3) of the Commission‘s rules, 47 C.F.R. § 25.132(b)(3), Tokyo Broadcasting is required to submit the antenna radiation patterns for the proposed 1.0 meterantenna withits application when an antenna does not comply with Section 25.209(a) and (b). This information was not filed with the application. In response to item E48 of Schedule B, Tokyo Broadcasting lists the maximum EIRP per carrier for emission TM72G7W as 82.0 dBW. This value is higher than, and therefore inconsistent with, the 62.6 dBWTotal EIRP for All Carriers listed in response to item E40. Given this inconsistency, we cannot determine the proposed emission powerfor emission 7M72G7ZW. Thus, 14.0—14.5 GHz. : If Tokyo Broadcasting 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).

Federal Communications Commission DA 08—1351 the portion of Tokyo Broadcasting‘s application seeking to use the ZM72G7ZWemission in the 14.0—14.5 GHz band is defective. Accordingly, pursuant to Section 25.112(a)(1) ofthe Commission‘s rules, 47 C.F.R. §25.112(a)(1), and Section 0.261 of the Commission‘s rules on delegations ofauthority, 47 C.F.R. §0.261, we dismiss Tokyo Broadcasting‘s application without prejudice to refiling. e c Sincerely, M a e G LoA Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau bo


Document Created: 2008-06-06 14:30:09
Document Modified: 2008-06-06 14:30:09
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