Attachment Alabama Educational

Alabama Educational

DECISION submitted by IB,FCC

DA 12-364

2012-03-08

This document pretains to SES-LIC-20120221-00190 for License on a Satellite Earth Station filing.

IBFS_SESLIC2012022100190_943251

                           Federal_ Communications Commission.
                                     Washington, D.C. 20554




                                                                                                DA 12—364

                                              March 8, 2012

Mr. Ryan Wilhour
Kessler and Gehman Associates, Inc.
507 NW 60°" Street
Suite C
Gainesville, FL 32607

                                                      Call Sign: E120035
                                                      File No.: SES—LIC—20120221—00190

Dear Mr. Wilhour:

On February 21, 2012, Alabama Educational Television Commission (Alabama Educational)
filed the above—captioned application for a license to operate a new transmit and receive
temporary—fixed earth station that will use a Norsat 1.8 meter antenna operating 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 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 forfiling, any earth station application that is not substantially complete,
contains internal inconsistencies, or does not substantially comply with the Commission‘s rules.
The Alabama Educational application is not substantially complete, which renders it unacceptable
and subject to dismissal. The deficiencies are as follows:

Alabama Educational did not include a radiation hazard study as an exhibit to its application.
Item 28 of FCC Form 312 indicates that a radiation hazard study must accompany all applications
as an exhibit for new transmitting facilities such as the one proposed."

Furthermore, Alabama Educational did not submit any information in response to items E41/E42,
E28, EA43/44, E45—E49, E50, E51—E60 in Schedule B of its application.




1
     The conventional Ku—band encompasses the 11.7 — 12.2 MHz and 14.0—14.5 frequency bands.
2
    If Alabama Educational 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. § 1.1111(d).
3   47 CFR. § 1.1307(b).


                                  Federal Communications Commission                  DA 12—364




In light of the above, 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 the Alabama Educational application without prejudice to refiling.


                                                Sincerely,




                                                Paul E. Blais
                                                Chief, Systems Analysis Branch
                                                Satellite Division
                                                International Bureau



Document Created: 2012-03-08 13:37:52
Document Modified: 2012-03-08 13:37:52

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