Attachment SESMFS2012061200506D

SESMFS2012061200506D

DECISION submitted by FCC

DISMISSAL LETTER

0000-00-00

This document pretains to SES-MFS-20120612-00506 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2012061200506_1004400

Federal Communications Commission Washington, D.C. 20554 July 16, 2013 DA 13—1580 EchoStar Broadcasting Corporation Ms. Alison Minea 100 Inverness Terrace East Englewood, CO 80112 Call Sign: E020233 File No.: SES—MFS—20120612—00506 Dear Ms. Minea: On June 12, 2012, EchoStar Broadcasting Corporation (EBC) filed the above—captioned application to modify its fixed earth station add the DBSD G—1 (S2651) space station operating at the 92.85° orbital location as a point of Communication. EBC‘s narrative statement indicates this modification is required to allow EBC to provide telemetry, tracking, and control for the DBSD G—1 space station using C—band frequencies for limited emergency or contingency operations, should the need arise, and for periodic reliability testing. We dismiss the application as defective without prejudice to re—filing.‘ Section 25.112(a)(1) of the Commission‘s rules, 47 C.F.R. § 25.112(a)(1), 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. EBC application is not complete for the reasons stated below. e In response to item E18 of Schedule B, EBC indicates that a frequency coordination report is not required for its proposed modification to its C—band operations. However, Section 25.203(c) of the Commission‘s rules requires all earth station applicants to complete frequency coordination if the earth station will operate in frequency bands shared with terrestrial services on a co—primary basis such as in the 3700—4200MHz and 5925—6425 MHz bands proposed in the application. If EBC chooses to refile, it must include a frequency coordination report with its application. ! If EchoStar Broadcasting Corporation re—files 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).

Federal Communications Commission DA 13—1580 e EBC did not complete items E28 through E60 of Schedule B to the FCC Form 312 relating to the particulars of the proposed operations as required by section 25.130 (a)(1) of the Commission‘s rules, 47 C.F.R. § 25.130(a)(1). Accordingly, pursuant to Section 25.112(a)(1) of the Commiuission‘s rules, 47 C.F.R. § 25.112(a)(1), and Section 0.261(a)(4) of the Commission‘s rules on delegations of authority, 47 C.F.R. § 0.261(a)(4), we dismiss the application of EchoStar Broadcasting Corporation without prejudice to re—filing. Paul E. Blais Chief, Systems Analysis Branch Satellite Division International Bureau ce: STEPTOE & JOHNSON LLP Pantelis Michalopoulos 1330 Connecticut Ave, N.W. Washington, DC 20036 pmichalopoulos@steptoe.com


Document Created: 2013-07-17 14:47:28
Document Modified: 2013-07-17 14:47:28
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