Attachment Dismissal letter

This document pretains to SES-MFS-20070719-00966 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2007071900966_580789

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                                                                                                DA 07—3424

                                                July 27, 2007


     Mr. Javed Iqbal
     HDTV.LTD
     272 Van Name Ave
     Staten Island, NY 10303—2537

                                                   Re: Call Sign: E040456
                                                       File No. SES—MFS—20070719—00966

     Dear Mr. Iqbal:

  On July 19, 2007, HDTV LTD. (HDTV) filed the above—captioned application to modify the
  license for earth station call sign EO40456. HDTV requests authority to add a 3.8 meter antenna
  that will use the Ku—Band and communicate with the Amazonas—1 satellite. For the 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,
  contains internal inconsistencies, or does not substantially comply with the Commission‘s rules.
  HDTV‘s application does not comply with the Commission‘s rules, and is therefore 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 major modifications such as the one proposed." HDTV‘s application did not
  include this required exhibit.

 In addition, HDTV did not provide responses to Questions E43—E60 of Schedule B regarding
 specific frequency bands, antenna polarization, emission designators, maximum EIRP per carrier,
 maximum EIRP density per carrier, modulation and services, elevation and azimuth angles,
 satellite arc, and maximum EIRP density toward the horizon. In addition, HDTV did not provide
 a response to Question E41/42 regarding transmit and receive antenna gains. Therefore, the
 application is incomplete and subject to dismissal on this basis. Further, in response to Question
 24 of Form 312, HDTV indicates that the Ku—Band frequencies will be within the 13.75—14.5
 GHz band. Footnote US356 of the U.S. Table of Frequency Allocations, 47 C.F.R. § 2.106, and
 Section 25.204(f) of the Commission‘s rules, 47 C.F.R. §25.204(f), require earth stations
 operating in the 13.75—14.0 GHz band to have an antenna size of at least 4.5 meters. Therefore, if
 HDTV chooses to refile this application and use a 3.8 meter antenna for operations in the 13.75—


 |     If HDTV 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).

 i           47 CFR. § 1.1307(b).


                                 Federal Communications Commission                   DA 07—3424


14.0 GHz band, it must request a waiver of footnote US356 of the U.S. Table of Frequency
Allocations and Section 25.204(f) of the Commission‘s rules. In addition, if HDTV will be
seeking authority to receive in the 10.7—11.7 GHz band additional information pursuant to Section
25.203 of the Commission‘s rules, 47 C.F.R. §25.203, will also be necessary.

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 HDTV‘s application without prejudice to refiling.


                                                    Sincerely,




                                         {:@é} Scott A. Kotler
                                                    Chief, Systems Analysis Branch
                                                    Satellite Division
                                                    International Bureau



Document Created: 2007-07-27 14:32:36
Document Modified: 2007-07-27 14:32:36

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