Attachment Dismissal letter

This document pretains to SES-MOD-20050727-00991 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2005072700991_452586

                        Federal Communications Commission
                              Washington, D.C. 20554



                                                                                pa os237
                                          August 30, 2005
Mr. Stanley Edinger
Loral Skynet
500 Hils Drive
PO Box 7018
Bedminster, NJ 07921—7018
                                              Re:Call Sign: E980250
                                                 File No.: SES—MOD—20050727—00991
Dear Mr. Edinger:
On July 27, 2005, Loral Skynet Network Services, Inc. (Debtor—in—Possession) (Loral
Skynet)filed the above—captioned application to add, among other things, the Extended—
C—Band!frequencies to ts licensed earth station in Kapolei, Hawaii (E980250). This
earth station is authorized to communicate with the Telstar 18 satellite, which is licensed
by Tonga. Pursuant to Section 25.112@@)(1) of the Commission‘s rules, 47 CER. §
25.112(a)(1), we dismiss this application as defective, without prejudice to refiing, due
to internal inconsistencies.


In answering question 27 of the Main Form of Form 312, which relates to the purpose of
the application, you indicate that the application is intended to add frequencies to an
existing license. In Schedule B of your application you propose to add Destination Points
to your existing license, as well. Your description of the application in response to
question 43 of the main form, however, makes no mention of additional destination
points. Based on these responses we are uncertain as to whether, and to what extent, you
seek to add additional frequencies and destination points and therefore your application is
defective.
Further,to the extent you seek to add Kazakhstan as a Destination Point, your application
does not include an ECO—SAT analysis for Kazakhstan. Since the licensing
administration of the Telstar 18 satellite is not a member ofthe World Trade
Organization (WTO), an ECO—SAT analysis is required for all route marketsthat are not
WTO members pursuant to Section 25.137(2)(1) and 25.137(@)(2) ofthe Commission‘s
rules." Since Kazakhstan is not a WTO member, in any refiling you must supply an
! 6425—6650 Mz band.
* arorR $s 25137000 and 2s 13700).


                          Federal Communications Commission                      paos2a7


ECO—SAT analysis with respect to Kazakhstan before we could consider authorizing
service to that country via Telstar 18.
Accordingly, pursuant to Section 25.112(a)(1)° ofthe Commission‘s rules, 47 C.ER. §
25.112(a)(1), and Section 0.261 ofthe Commission‘s rules on delegations of authority, 47
C.FR. §0.261, we dismiss your application as defective without prejudice to refiling.

                                               Sincerely,


                                              Scott A. Kotler
                                              Chief, Systems Analysis Branch
                                              Satellte Division
                                              International Bureau




3. 47 CER. §25.112@)() See also Echostar Stelite LLC, Order on Reconsideraion, DA 04—4056
(relased December 27, 2000



Document Created: 2005-08-30 14:42:59
Document Modified: 2005-08-30 14:42:59

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