Attachment Dismissal letter

This document pretains to SES-MFS-20070509-00583 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2007050900583_572057

                                 Federal Communications Commission
                                       Washington, D.C. 20554


                                                                                                   DA 07—2348


     Mr. Joseph E. Dunne II
     P.O. Box 9203
     Durango, CO 81302—9203

                                                         Re:    Call Sign E880772
                                                                File No. SES—MFS—20070509—00583

     Dear Mr. Dunne:

     On May 9, 2007, Sure Shot Transmissions, Inc. (Sure Shot) filed the above—captioned application
     to modify its temporary—fixed Ku—band‘ earth station license by adding new emission designators,
     increasing EIRP and EIRP density, and replacing an antenna. For reasons 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,
 that contains internal inconsistencies, or that does not substantially comply with the
 Commission‘s rules. Sure Shot‘s application does not comply with the Commission‘s rules,
 which renders it unacceptable and subject to dismissal. The deficiencies are 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, Sure Shot‘s
application did not include this required exhibit.

In response to item E49 of Schedule B, Sure Shot did not list the maximum equivalent isotropic
radiated power (EIRP) density per carrier for its transmitted frequencies associated with emission
designators 51K2G7W, 598KG7ZW, 1 M87G7W, 2M68G7W, 2M50G7D, 3M20G7D, 9M00G7W,
24M0G7F, and 36M0G7W. Additionally, in response to item E48 of the Schedule B Sure Shot
did not list the maximum EIRP per carrier for its transmitted frequency associated with emission
designator 598KG7ZW. This missing information is required.

While we dismiss the application on the above basis, we take this opportunity to apprise Sure
Shot of a minor inconsistency in its application that it should address if it chooses to refile it.

In response to Question 24 of Form 312 regarding the frequency bands in the application, Sure
Shot lists the lower frequency as 10.95 GHz, while in item E43/44 of Schedule B, Sure Shot lists



5_      11.7—12.2 GHz and 14.0—14.5 GHz.

     If Sure Shot refiles an application in which the deficiencies identified in this letter have been corrected
but otherwise identical to the one dismissed, it need not pay an application fee. See 47 C.F.R. § 1.1109(d).

j        47 C.FR. § 1.1307(b).


                                 Federal Communications Commission                   DA 07—2348


the lowest frequency to be 11.7 GHz. We request Sure Shot to resolve this difference in its
refiling.

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 Sure Shot‘s application without prejudice to refiling.


                                                 Sincerely,

                                                     27       P   _¥   A     44 .

                                                 ,f<j ce0A AsXHin
                                                «*
                                                 Scott A. Kotler
                                                 Chief, Systems Analysis Branch
                                                 Satellite Division
                                                 International Bureau



Document Created: 2007-06-06 11:39:55
Document Modified: 2007-06-06 11:39:55

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