Attachment Letter

Letter

LETTER submitted by FCC

Letter

2003-12-09

This document pretains to SES-MOD-20030919-01302 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2003091901302_348383

Federal Communications Commission Washington, D.C. 20554 DA 03-3904 December 9,2003 Mr. Stan Edinger, Manager- Government Relations Loral Skynet Network Services, Inc. (Debtor-in-Possession) P. 0. Box 7018 500 Hills Drive Bedminister, N. J. 0792 1 Re: Call Sign: E980250, File No. SES-MOD-2003091901302Loral Skynet Network Services, Inc. I Dear Mr. Edinger: We have under consideration the above-captioned application filed on behalf of Loral Skynet Network Services, Inc. (the Applicant), on September 19, 2003. For the reasons below, we dismiss the application without prejudice. In order to properly review the application, we sent a letter to the Applicant on October 16, 2003 containing a request to submit within 30 days additional technical information and information that was missing from the original application. Regarding the additional technical information we requested, Commission Staff is authorized to request such additional information and if the additional information is either not supplied or is incorrect, the Commission may dismiss the application.' Regarding the missing information, we informed the Applicant that the application was incomplete because it did not include a DISCO I1 analysis to the extent required by section 25.137(a) of the Commission's rules, 47 C.F.R. 3 25.137(a). The Bureau stated that if any application failed to include any of the required information, it would return the application without prejudice as being unacceptable for filing. See International Bureau To Streamline Satellite And Earth Station Processing, Report No. SPB-140, October 28, 1998. The Commission affirmed this policy last year in its First Space Station Reform Order. See Amendment of the Commission's Space Station Licensing Rules and Policies, First Report and Order and Further Notice of Proposed Rulemaking, IB Docket No. 02-34, 18 FCC Rcd 10760, 10852 (para. 244) (2003). See also Commission Launches Earth Station Streamlining Initiative, Public Notice, DA 99-1259, 14 FCC Rcd 9834 (1999). Since the Applicant has not responded to our request for additional and missing information within the allotted 30 days, we dismiss the application as incomplete and thus unacceptable for filing. The Applicant may re-apply without incurring a second obligation to pay the application fee if the re-filed application rectifies the deficiencies noted herein. See section 1.1 109 (d) of the Commission's rules, 47 C.F.R. $ 1.1 109(d). ' 47 C.F.R. 825.1 12.

Accordingly, pursuant to the Commission's rules on delegated authority, 47 C.F.R. 3 0.261(a)(4), we find that Application File No. SES-MOD-2003091901302 is incomplete and thus unacceptable for filing. We therefore dismiss this application without prejudice to refiling. Sincerely, William Howden, Chief ' System Analysis Branch, Satellite Division 2


Document Created: 2003-12-09 15:52:08
Document Modified: 2003-12-09 15:52:08
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