Attachment Uplynx DA 092463 rel

Uplynx DA 092463 rel

DECISION submitted by FCC

Uplynx, Inc. Dismissal Letter

2009-11-24

This document pretains to SES-LIC-20090723-00906 for License on a Satellite Earth Station filing.

IBFS_SESLIC2009072300906_783611

Federal Communications Commission Washington, D.C. 20554 DA 09—2463 November 24, 2009 Reid M. Riddell Uplynx, Inc. 25170 Strawberry Lane Southfield, MI 48033 Re: Call Sign: E090130 File No. SES—LIC—20090723—00906 Dear Mr. Riddell: On July 23, 2009, Uplynx, Inc. filed the above—captioned application for authority to operate a Temporary—Fixed Ku—Band Transmit/Receive Earth Station. For the reason discussed below, we dismiss the application as defective, 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 for filing, any earth station application that is not substantially complete, contains internal inconsistencies, or does not substantially comply with the Commission‘s rules. Uplynx, Inc.‘s application is incomplete, which renders it unacceptable and subject to dismissal. The deficiency is as follows: Question 28 of Form 312 indicates that a radiation hazard study must accompany all applications as an exhibit for new transmitting facilities such as the one proposed." However, Uplynx, Inc.‘s application did not include this required exhibit. Accordingly, pursuant to Section 25.112(a)(1) of the Commission‘s rules, 47 C.F.R. §25.112(a)(1), and Section 0.261 of the Commission‘s rules on delegations of authority, 47 C.F.R. §0.261, we dismiss Uplynx, Inc.‘s application as incomplete without prejudice to refiling. Sincerely, Chief, SatelhteEngmeermg Branch Satellite Division International Bureau \ If Uplynx, Inc. refiles an application in which the deficiency identified in this letter has been corrected but otherwise identical to the one dismissed, it need not pay an application fee. See 47 C.FR.§ 1.1111(d). * See 47 C.FR. § 1.1307(b).


Document Created: 2009-11-25 07:17:18
Document Modified: 2009-11-25 07:17:18
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