Attachment 08Dismiss Letter

This document pretains to SES-MOD-20071218-01720 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2007121801720_629019

Federal Communications Commission Washington, D.C. 20554 DA 08-550 March 1 1 , 2008 Mr. David Keir, Esq. Leventhal Senter & Lerman PLLC 2000 K Street, N. W. Suite 600 Washington, DC 20006-1 809 Re: Call Sign E2532 File No. SES-MOD-2007 12 1 8-0 1720 Dear Mr. Keir: On December 12,2007, FiberSat Global Services, Inc. (Fibersat) filed the above-captioned application to modify its conventional C-band’ fixed earth station license to add emissions’ and increase power. Pursuant to Section 25.1 12(a)( 1 ) of the Commission’s rules, 47 C.F.R. €j 25.1 12(a)( l ) , we dismiss, as defective without prejudice to refiling,-’ the portion of the application that seeks to operate the 36MOG7W emission at an EIRP of 74.9 dBW. Section 25.1 12 of the Commission’s rules, 47 C.F.R. 5 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. A portion of Fibersat’s application does not comply with the Commission’s rules, which renders it unacceptable and subject to dismissal. The deficiency is as follows: In response to item E49 of Schedule B, FiberSat lists a maximum equivalent isotropic radiated power (EIRP) density per carrier for emission designator 36MOG7W of the transmit frequency as 34.1 ’ 3700-4200 and 5925-6425 MHz bands. 3MOOG7W and 36MOG7W. -’ If FiberSat refiles 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. 5 1 . I 109(d).

Federal Communications Commission DA 08-550 dBW/4kHz. This value is less than, and therefore inconsistent with, the average value of 35.36 dBW/4kHz that we calculate using the EIRP value of 74.9 dBW FiberSat provides in response to item E48 and the bandwidth of 36 megahertz of the corresponding G7W emission FiberSat provides in response to item E47 of Schedule B. Given this inconsistency, we cannot determine the proposed emission power. Thus, the portion of Fibersat’s application pertaining to the 36MOG7W emission using an EIRP of 74.9 dBW is defective. While we dismiss the portion of the application on the above basis, we also request the following information regarding the portions of the application that remain pending. In response to Question E 15 of Schedule B, FiberSat answered that its 4.1 meter antenna earth station complies with the antenna gain patterns specified in Section 25.209(a) and (b) of the Commission’s rules, 47 C.F.R. $25.209(a) and (b). Pursuant to Section 25.132(a)( 1) of the Commission’s rules, we request FiberSat to demonstrate these measurements by submitting the antenna gain patterns for the 4.1 meter antenna. Accordingly, pursuant to Section 25.1 12(a)( 1) of the Commission’s rules, 47 C.F.R. 925.1 12(a)(2), and Section 0.261 of the Commission’s rules on delegations of authority, 47 C.F.R. 50.261, we dismiss the application to the extent indicated above. Further, with respect to the portions of the application that remain pending, FiberSat is required to respond to this letter not later than 30 calendar days of the date of this letter. Failure to do so may result in the dismissal of the application in its entirety pursuant Section 25.1 12(c) of the Commission’s Rules, 47 C.F.R. 9 25.1 12(c). Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau 2


Document Created: 2008-03-12 13:13:00
Document Modified: 2008-03-12 13:13:00
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