Attachment Dismiss letter

This document pretains to SES-MFS-20081201-01521 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2008120101521_684363

Federal Communications Commission Washington, D.C. 20554 DA 08—2711 December 16, 2008 Susan H. Crandall Intelsat North America LLC 3400 International Drive, N.W. Washington, DC 20008—3006 Re: Call Sign E020169 File No. SES—MFS—20081201—01521 Dear Ms. Crandall: On December 1, 2008, Intelsat North America LLC (Intelsat) filed an application to modify its license for a fixed earth station in Nuevo, CA. In the application, Intelsat seeks to communicate with the Intelsat 805 satellite at 304.5° E.L. in the 3400—3625 and 6425—6604 MHz bands. For the reasons discussed below, we dismiss the portion of the application that pertains to the 3400—3600 MHz band 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. Pursuant to the U.S. Table of Frequency Allocations in Section 2.106 of the Commission‘s rules, 47 C.F.R. § 2.106, the 3400—3600 MHz band is not allocated to any satellite service. Therefore, Intelsat‘s proposed use of the 3400—3600 MHz band does not comply with the Commission‘s rules.‘ Further, Intelsat did not request any waivers or exemptions from any of the Commission‘s Rules. 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 the 3400—3600 MHz portion of Intelsat‘s application without prejudice to refiling." Sincerely, ) oA, L ottin A 45 £ 4 / A / _2 Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau \ See also 47 C.F.R. § 2.102(a). * If Intelsat 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).


Document Created: 2008-12-16 15:43:21
Document Modified: 2008-12-16 15:43:21
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