Attachment Dismissed Letter

This document pretains to SES-MOD-20070427-00528 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2007042700528_567027

Federal Communications Commission Washington, D.C. 20554 DA 07-2072 May 15,2007 Mr. Frank Jazzo Fletcher, Heald & Hildreth, PLC 1300 North 17‘hStreet 1 1th Floor Arlington, VA 22209 Re: Call Sign E060 122 File No. SES-MOD-20070427-00528 Call Sign E060 1 16 File No. SES-MOD-20070427-00527 Dear Mr. Jazzo: On April 27,2007, RCN License Subsidiary, Inc. (RCN) filed the above-captioned applications to modify the licenses of two C-Band’ transmit-only Temporary-Fixed earth stations. The applications seeks to convert the authorizations to fixed earth stations. Section 25.1 12 of the Commission’s rules, 47 C.F.R. $ 25.1 12, 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. Both of RCN’s applications contain an omission that render each unacceptable and subject to dismissal. The 5925-6425 MHz band is shared on a co-primary basis with the Fixed Service (FS). Section 25.203(c) of the Commission’s rules, 47 C.F.R. 5 25.203(c), requires applicants seeking a license to operate an earth station at a fixed location, using shared bands to file a Frequency Coordination Report with respect to Fixed Service operations. In response to Question El 8 of Schedule B, RCN correctly indicated that frequency coordination is required; however, it did not submit a Coordination Report. ’ 5925-6425 MHz band.

Federal Communications Commission DA 07-2072 Accordingly, pursuant to Section 25.1 12(a)(1) of the Commission’s rules, 47 C.F.R. $25.1 12(a)(l), and Section 0.261 of the Commission’s rules on delegations of authority, 47 C.F.R. $0.261, we dismiss both applications without prejudice to refiling.2 Sincerely, ,dd>A-/d&P~ Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau 2 If RCN License Subsidiary, Inc. refiles applications identical to the ones dismissed, with the exception of supplying the corrected information, it need not pay an application fee. See 47 C.F.R. 6 1.109(d). 2


Document Created: 2007-05-15 15:35:46
Document Modified: 2007-05-15 15:35:46
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