Attachment Dismissed Ltr.

This document pretains to SES-MOD-20080407-00429 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2008040700429_636551

Federal Communications Commission Washington, D.C. 20554 DA 08-943 April 23, 2008 Kevin F. Reed, Esq. Dow Lohnes PLLC 1200 New Hampshire Avenue Suite 800 Washington, DC 20036 Re: Call Sign E88061 1 File No. SES-MOD-20080407-00429 Dear Mr. Reed: On April 7, 2008, WPXI, Inc. (WPXI) filed the above-captioned modification application to modify its transmit-only temporary-fixed Ku-band’ earth station license to replace an antenna and modify emission parameters. For the reason discussed below, we dismiss the application as defective, without prejudice to refiling. Section 25.1 12 of the Commission’s rules, 47 C.F.R. tj 25.1 12, requires the Commission to return, as unacceptable for filing, any earth station application that is not substantially complete, contains internal inconsistencies, or does not substantially comply with the Commission’s rules. WPXI’s application is incomplete, which renders it unacceptable and subject to dismissal. The deficiency is as follows: Question 28 of Form 3 12 indicates that a radiation hazard study must accompany as an exhibit all applications seeking major modifications such as the one proposed.2 However, WPXI’s application did not include this required exhibit. ’ 14.0-14.5 GHz. See 47 C.F.R. 5 1.1307(b).

Federal Communications Commission DA 08-943 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 WPXI’s application, without prejudice to refiling3 Sincerely , Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau ’ If WPXI refiles an application in which the deficiency identified in this letter has been corrected but is otherwise identical to the one dismissed, it need not pay an application fee. See 47 C.F.R. 5 1.1 109(d). 2


Document Created: 2008-04-24 11:17:47
Document Modified: 2008-04-24 11:17:47
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