Attachment Dismissal ltr

Dismissal ltr

DECISION submitted by FCC

Dismissal ltr

2008-10-27

This document pretains to SES-MFS-20080928-01246 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2008092801246_675196

Federal Communications Commission Washington, D.C. 20554 DA 08—2359 October 27, 2008 Mr. Raul Magallanes The Law Office of Raul Magallanes, PLLC P.O. Box 1213 Houston, TX 77549 Re: Call Sign E030216 File No.: SES—MFS—20080928—01246 Dear Mr. Magallanes: On September 28, 2008, Anadarko Petroleum Corporation (Anadarko Petroleum) filed the above— captioned application to modify its fixed transmit/receive earth station that operates in the Conventional C—band.‘ The application proposes to add the SATMEX—6 satellite at the 113° W.L. orbital location as a point of communication and to add a new emission. For the reason stated 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 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. Anadarko Petroleum‘s application is technically inconsistent, which renders it unacceptable and subject to dismissal. In particular, in response to item E49 of Schedule B, Anadarko Petroleum lists the maximum EIRP density for proposed emission 4M47G7ZW of the transmit frequency as 19.60 dBW/4kHz. This value is less than, and therefore inconsistent with, the average value of 21.51 dBW/4kHz that we calculate using the EIRP value of 52.00 dBW Anadarko Petroleum provides in response to item E48 and the bandwidth of 4.47 megahertz of the corresponding emission Anadarko Petroleum provides in response to item E47. Given this inconsistency, we cannot determine the proposed emission power for this emission designator. Thus, the application is defective. Further, although not a basis for dismissal, we request Anadarko Petroleum to provide certain additional information in any refiled application. Anadarko Petroleum‘s 2.4 meter Seatel model 9797 antenna does not appear to comply with the Commission‘s antenna performance requirements. Submission of antenna gain patterns for that antenna would facilitate our evaluation of Anadarko Petroleum‘s proposed operation with SATMEX—6 and its proposed new emission. Therefore, pursuant to Section 25.111(a) of the Commission‘s rules, 47 C.F.R. § ‘ 3700—4200 MHz and 5925—6425 MHz. If Anadarko Petroleumrefiles 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.FR. § 1.1109(d).

Federal Communications Commission DA 08—2359 25.111(a), we request Anadarko Petroleum to submit a co—polarized antenna pattern in the elevation plane from 0 to 45 degrees, a co—polarized antenna pattern in the azimuth plane from 0 to +/— 180 degrees; and a cross—polarized pattern in the vertical and horizontal plane from 0 to +/— 9 degrees in any 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.E.R. § 0.261, we dismiss Anadarko Petroleum application without prejudice to refiling. Sincerely, <leet04. }/\jpthern Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau


Document Created: 2008-10-27 15:50:41
Document Modified: 2008-10-27 15:50:41
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